DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-8 are pending in this application.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schon (U.S. Patent No. 6,695,832), hereinafter Schon.
Regarding Independent Claim 1, Schon discloses an improved catheter (Figures 1 and 3) comprising:
the catheter having a main tube, 12;
the catheter having a casing, 18, 20 and 22;
the main tube having a first main tube end (Figure 3 – the end of the main tube, 12, that connects to the casing, as shown in Figure 3, is the first main tube end);
the first main tube end being integrally attached to the casing (Figure 3 – the end of the main tube, 12, that connects to the casing, as shown in Figure 3);
the main tube having at least one first canal, 24;
the main tube having at least one second canal, 26;
the casing having a moveable portion (It is first noted that the use of “moveable” describes a function of the portion with the only structure being applied is that the portion being capable of moving; Column 16, Lines 19-26 describe the extensions of the casing, 20 and 22, being a flexible material and thus capable of being moveable, thus the extension, 22, is a moveable portion of the casing);
the casing having a static portion (It is first noted that the use of “static” describes a function of the portion with the only structure being applied is that the portion being capable of being static, this would include any portion since any portion may be used in a static position; Thus the extension, 20, is a static portion of the casing);
the moveable portion having a first sidewall (the walls of the extension tube/ moveable portion, 22, is a first sidewall);
the static portion having a second sidewall (the walls of the extension tube/static portion, 20, is a second sidewall);
at least one moveable duct (the passage through the extension tube/moveable portion, 22, is a moveable duct);
at least one static duct (the passage through the extension tube/static portion, 20, is a static duct);
the at least one moveable duct being enclosed in the moveable portion (the moveable duct is the passage through the extension tube/moveable portion, 22,);
the at least one static duct being enclosed in the static portion (the static duct is the passage through the extension tube/static portion, 20,);
at least one static tube (Figure 1 – the tube connected to the static portion, 20, as seen in Figure 1, is a static tube);
at least one moveable tube (Figure 1 - the tube connected to the moveable portion, 22, as seen in Figure 1, is a moveable tube);
the at least one static tube being integrally attached to the at least on static duct (Figure 1 – the static tube is shown to be integrally attached to the static duct of the static portion, 20);
the at least one moveable tube being integrally attached to the at least one moveable duct (Figure 1 – the moveable tube is shown to be integrally attached to the moveable duct of the moveable portion, 22);
the at least one moveable tube and the at least one moveable duct and the at least one second canal being aligned to form a conduit (Figures 1 and 3 – the moveable tube, moveable duct of the moveable portion, 22, and the second canal, 26, are aligned to form a conduit);
the at least one static tube and the at least one static duct and the at least one first canal being aligned to form another conduit (Figures 1 and 3 – the static tube, static duct of the static portion, 20, and the first canal, 24, are aligned to form another conduit).
Regarding Claim 2, Schon discloses the invention as claimed and discussed above. Schon further discloses the first sidewall and the second sidewall are detachably connected (Column 9, Lines 43-50 – the hub, which includes the first and second sidewalls of the extensions, 20 and 22, are detachable from the main tube and thus are detachably connected).
Regarding Claim 4, Schon discloses the invention as claimed and discussed above. Schon further discloses the casing is made of a resilient material (Column 16, Lines 19-55 – the casing includes flexible/durable materials and thus is made of a resilient material).
Regarding Claim 5, Schon discloses the invention as claimed and discussed above. Schon further discloses a fastener (Figure 3 – Column 9 , Lines 43-50 – sutures/fasteners are used to hold the catheter to the body);
the fastener being incident to the first sidewall and the second sidewall (Figure 3 – Column 9 , Lines 43-50 – the suture wings and thus the sutures/fasteners are located next to/incident to the first sidewall and second sidewall).
Regarding Claim 6, Schon discloses the invention as claimed and discussed above. Schon further discloses at least one suture ring (Figure 3 – Column 9 , Lines 43-50 – suture rings are shown and are used with sutures to hold the catheter to the body);
the at least one suture ring being integrally attached to the casing (Figure 3 – Column 9 , Lines 43-50 – the suture rings are shown to be a part of the casing).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Schon in view of Kassab (U.S. Patent No. 8,979,786), hereinafter Kassab.
Regarding Claim 3, Schon discloses the invention as claimed and discussed above. Schon does not disclose the at least one static tube has a longitudinal axis perpendicular to the main tube's longitudinal axis.
However, Kassab teaches a medical tubing device (Figure 2B) with a connection between two tubes, 16 and 12, to a main tube, 14, where one of the tubes, 16, is connected such that the longitudinal axis is perpendicular to the main tube’s longitudinal axis (Figure 2B – Column 13, Lines 9-26 – the angle between the longitudinal axis of the main tube and the tube, 16, is 90 degrees and thus they are perpendicular).
Further, Schon discloses the hub/casing may have other configurations (Column 9, Lines 47-50).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Schon by making the at least one static tube has a longitudinal axis perpendicular to the main tube's longitudinal axis, as taught by Kassab, in order to meet the requirements of the desired application (Kassab – Column 13, Lines 21-22).
Regarding Independent Claim 7, Schon discloses an improved catheter (Figures 1 and 3) comprising:
the catheter having a main tube, 12;
the catheter having a casing, 18, 20 and 22;
the main tube having a first main tube end (Figure 3 – the end of the main tube, 12, that connects to the casing, as shown in Figure 3, is the first main tube end);
the first main tube end being integrally attached to the casing (Figure 3 – the end of the main tube, 12, that connects to the casing, as shown in Figure 3);
the main tube having at least one first canal, 24;
the main tube having at least one second canal, 26;
the casing having a moveable portion (It is first noted that the use of “moveable” describes a function of the portion with the only structure being applied is that the portion being capable of moving; Column 16, Lines 19-26 describe the extensions of the casing, 20 and 22, being a flexible material and thus capable of being moveable, thus the extension, 22, is a moveable portion of the casing);
the casing having a static portion (It is first noted that the use of “static” describes a function of the portion with the only structure being applied is that the portion being capable of being static, this would include any portion since any portion may be used in a static position; Thus the extension, 20, is a static portion of the casing);
the casing is made of a resilient material (Column 16, Lines 19-55 – the casing includes flexible/durable materials and thus is made of a resilient material);
the moveable portion having a first sidewall (the walls of the extension tube/ moveable portion, 22, is a first sidewall);
the static portion having a second sidewall (the walls of the extension tube/static portion, 20, is a second sidewall);
the first sidewall and the second sidewall are detachably connected (Column 9, Lines 43-50 – the hub, which includes the first and second sidewalls of the extensions, 20 and 22, are detachable from the main tube and thus are detachably connected);
at least one moveable duct (the passage through the extension tube/moveable portion, 22, is a moveable duct);
at least one static duct (the passage through the extension tube/static portion, 20, is a static duct);
the at least one moveable duct being enclosed in the moveable portion (the moveable duct is the passage through the extension tube/moveable portion, 22,);
the at least one static duct being enclosed in the static portion (the static duct is the passage through the extension tube/static portion, 20,);
at least one static tube (Figure 1 – the tube connected to the static portion, 20, as seen in Figure 1, is a static tube);
at least one moveable tube (Figure 1 - the tube connected to the moveable portion, 22, as seen in Figure 1, is a moveable tube);
the at least one static tube being integrally attached to the at least on static duct (Figure 1 – the static tube is shown to be integrally attached to the static duct of the static portion, 20);
the at least one moveable tube being integrally attached to the at least one moveable duct (Figure 1 – the moveable tube is shown to be integrally attached to the moveable duct of the moveable portion, 22);
the at least one moveable tube and the at least one moveable duct and the at least one second canal being aligned to form a conduit (Figures 1 and 3 – the moveable tube, moveable duct of the moveable portion, 22, and the second canal, 26, are aligned to form a conduit);
the at least one static tube and the at least one static duct and the at least one first canal being aligned to form another conduit (Figures 1 and 3 – the static tube, static duct of the static portion, 20, and the first canal, 24, are aligned to form another conduit);
at least one suture ring (Figure 3 – Column 9 , Lines 43-50 – suture rings are shown and are used with sutures to hold the catheter to the body);
the at least one suture ring being integrally attached to the casing (Figure 3 – Column 9 , Lines 43-50 – the suture rings are shown to be a part of the casing).
Schon does not disclose the at least one static tube has a longitudinal axis perpendicular to the main tube's longitudinal axis.
However, Kassab teaches a medical tubing device (Figure 2B) with a connection between two tubes, 16 and 12, to a main tube, 14, where one of the tubes, 16, is connected such that the longitudinal axis is perpendicular to the main tube’s longitudinal axis (Figure 2B – Column 13, Lines 9-26 – the angle between the longitudinal axis of the main tube and the tube, 16, is 90 degrees and thus they are perpendicular).
Further, Schon discloses the hub/casing may have other configurations (Column 9, Lines 47-50).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Schon by making the at least one static tube has a longitudinal axis perpendicular to the main tube's longitudinal axis, as taught by Kassab, in order to meet the requirements of the desired application (Kassab – Column 13, Lines 21-22).
Regarding Claim 8, Schon in view of Kassab disclose the invention as claimed and discussed above. Schon further discloses a fastener (Figure 3 – Column 9 , Lines 43-50 – sutures/fasteners are used to hold the catheter to the body);
the fastener being incident to the first sidewall and the second sidewall (Figure 3 – Column 9 , Lines 43-50 – the suture wings and thus the sutures/fasteners are located next to/incident to the first sidewall and second sidewall).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
McDermott (U.S. Pre-grant Publication 2016) shows a hub with that encloses a moveable tube and one tube that is held static.
Dubrul (U.S. Patent No. 9,186,487) shows a medical tubing device with a t-shaped connector.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE ROBERT THOMAS whose telephone number is (571)272-4813. The examiner can normally be reached Monday-Friday 8:00am-4pm EST.
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/KYLE ROBERT THOMAS/Examiner, Art Unit 3741