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 .
Claim Objections
Claims 2-6 and 8-20 are objected to because of the following informalities:
-Claims 2-6: please correct the preambles of the dependent claims from “An attachable IV manifold device of claim…” to “The attachable IV manifold device of claim…”
-Claims 8-17: please correct the preambles of the dependent claims from “An attachable IV manifold device of claim…” to “The attachable IV manifold device of claim…”
-Claim 18, line 3: please correct “an attachable IV manifold device” to “the attachable IV manifold device”
-Claim 18, line 7: please correct “line a second opening” to “line to a second opening”
-Claims 19-20: please correct the preambles of the dependent claims from “A method of using an attachable IV manifold device of claim…” to “The method of using the attachable IV manifold device of claim…”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-13 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation “wherein the grip area is comprised of a non-slip material”. However, claim 11, from which claim 12 depends, recites the limitation “wherein the pair of jaws are each comprised of a grip area”. The limitation of claim 11 introduces two grip areas- one for each of the pair of jaws. However, the limitation in claim 12 only recites “the” (singular) grip area. It is unclear whether Applicant intends to recite that only one of the two grip areas is comprised of a non-slip material or whether the limitation in claim 12 should be interpreted as “wherein each of the grip areas are comprised of a non-slip material”. For examination purposes, the Examiner interprets this limitation in claim 12 as “wherein each of the grip areas are comprised of a non-slip material”.
Claim 13 recites the limitation “wherein the grip area is comprised of a raised or a recessed texture”. However, claim 11, from which claim 13 depends, recites the limitation “wherein the pair of jaws are each comprised of a grip area”. The limitation of claim 11 introduces two grip areas- one for each of the pair of jaws. However, the limitation in claim 13 only recites “the” (singular) grip area. It is unclear whether Applicant intends to recite that only one of the two grip areas is comprised of a raised or a recessed texture or whether the limitation in claim 13 should be interpreted as “wherein each of the grip areas are comprised of a raised or a recessed texture”. For examination purposes, the Examiner interprets this limitation in claim 13 as “wherein each of the grip areas are comprised of a raised or a recessed texture”.
Claim 17 recites the limitation “wherein the first opening is comprised of a second attachment member”, which implies that a first attachment member exists. However, neither of claims 7 or 17 introduce a first attachment member. It is unclear whether Applicant intends for one of claims 7 or 17 to introduce a first attachment member, or whether “a second attachment member” in claim 17 should be interpreted as “an attachment member”. For examination purposes, the Examiner interprets “a second attachment member” in claim 17 as “an attachment member”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-3, 5, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gula et al. (US 4,447,230 A).
Regarding claim 1, Gula discloses an attachable IV manifold device (see Figs. 1-3) comprising:
a main body (assembly of tee fittings 26) comprised of a first opening (opening in first of adapters 28) (see Figs. 1-2, col. 3 lines 20-30);
a port (port at second of adapters 28) comprised of a second opening (opening in port at second of adapters 28), the port (port at second of adapters 28) positioned on and in fluid communication with the main body (assembly of tee fittings 26) (see Figs. 1-2, col. 3 lines 20-38);
a first valve (valve in second of adapters 28) (see Figs. 1-2, col. 3 lines 20-47); and
a fastener (clamp 70) comprised of a receiving member (vertical channel 96, transverse channel 100, and support arm 98 form a receiving member for receiving the assembly of tee fittings 26) (see Figs. 2-3, col. 4 line 55-col. 5 line 4, col. 5 lines 26-52).
Regarding claim 2, Gula discloses the attachable IV manifold device of claim 1, wherein the receiving member (vertical channel 96, transverse channel 100, and support arm 98 form a receiving member for receiving the assembly of tee fittings 26) attaches to the main body (assembly of tee fittings 26) (see Figs. 2-3, col. 4 line 55-col. 5 line 4, col. 5 lines 26-52).
Regarding claim 3, Gula discloses the attachable IV manifold device of claim 1, wherein the receiving member (vertical channel 96, transverse channel 100, and support arm 98 form a receiving member for receiving the assembly of tee fittings 26) is comprised of a snap fastener (see Figs. 2-3, col. 4 line 55-col. 5 line 4, col. 5 lines 26-52, the assembly of tee fittings 26 snaps into the receiving member formed by vertical channel 96, transverse channel 100, and support arm 98).
Regarding claim 5, Gula discloses the attachable IV manifold device of claim 1, wherein the first opening (opening in first of adapters 28) is comprised of a second valve (see col. 3 lines 20-47).
Regarding claim 18, Gula discloses a method of using an attachable IV manifold device, the method comprising the following steps:
providing an attachable IV manifold device (clamp 70 and assembly of tee fittings 26) comprised of a fastener (clamp 70), and a main body (assembly of tee fittings 26) comprised of a first opening (opening in first of tee fittings 26 at adapter 24) and a port (port at first of adapters 28) (see Figs. 1-3, col. 3 lines 20-38, col. 4 line 55-col. 5 line 4, col. 5 lines 26-52);
attaching the fastener (clamp 70) to a surface (surface of pole 60) (see Figs. 2-3, col. 4 line 55-col. 5 line 4, col. 5 lines 26-52);
attaching a first IV line (tubing 16) to the first opening (opening in first of tee fittings 26 at adapter 24) (see Figs. 1-2, col. 3 lines 7-30);
attaching a second IV line (line through filter 32, drip chamber 37, and tubing 38) to a second opening (opening in last of tee fittings 26 at filter 32) (see Figs. 1-2, col. 3 line 56-col. 4 line 19); and
attaching a third IV line (any of tubes 78, 80, or 82) to the port (port at first of adapters 28) (see Fig. 2, col. 3 lines 20-55, col. 4 line 20-col. 5 line 25).
Regarding claim 19, Gula discloses the method of using the attachable IV manifold device of claim 18, further comprised of a step of opening or closing a valve (valve in first of adapters 28) of the main body (assembly of tee fittings 26) or the port (port at first of adapters 28) (see Figs. 1-2, col. 3 lines 20-55, col. 4 line 20-col. 5 line 25).
Regarding claim 20, Gula discloses the method of using the attachable IV manifold device of claim 18, further comprised of a step of attaching the fastener (claim 70) to the main body (assembly of tee fittings 26) (see Figs. 2-3, col. 4 line 55-col. 5 line 4, col. 5 lines 26-52).
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.
Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Gula et al. (US 4,447,230 A), as applied to claims 1 and 5 above, in view of Thome, Jr. et al. (US 2009/0306621 A1).
Regarding claim 4, Gula discloses the attachable IV manifold device of claim 1. However, Gula fails to state wherein the first valve is comprised of a stopcock valve.
Thome, Jr. teaches an attachable IV manifold device (see Figs. 1 and 16, ports 52, 54, 56, and 60, handle 80, stopcock 40 form an IV manifold device) comprising a first valve (stopcock 40) comprised of a stopcock valve (see par. [0072]-[0074]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the attachable IV manifold device of Gula to include an additional valve which is a stopcock valve, as taught by Thome, Jr., in order to selectively control which fluid pathways of the manifold are open and closed (see Thome, Jr. par. [0074]).
Regarding claim 6, Gula discloses the attachable IV manifold device of claim 5. However, Gula fails to state wherein the second valve is comprised of a stopcock valve.
Thome, Jr. teaches an attachable IV manifold device (see Figs. 1 and 16, ports 52, 54, 56, and 60, handle 80, stopcock 40 form an IV manifold device) comprising a second valve (stopcock 40) comprised of a stopcock valve (see par. [0072]-[0074]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the attachable IV manifold device of Gula to include an additional valve which is a stopcock valve, as taught by Thome, Jr., in order to selectively control which fluid pathways of the manifold are open and closed (see Thome, Jr. par. [0074]).
Claims 7-8 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Gula et al. (US 4,447,230 A) in view of Naidu (US 2020/0324100 A1).
Regarding claim 7, Gula discloses an attachable IV manifold device (see Figs. 1-3) comprising:
a main body (assembly of tee fittings 26) comprised of a first opening (opening in first of tee fittings 26 at adapter 24) (see Figs. 1-2, col. 3 lines 20-30);
a port (port at first of adapters 28) comprised of a second opening (opening in port at first of adapters 28), the port (port at second of adapters 28) positioned on and in fluid communication with the main body (assembly of tee fittings 26) (see Figs. 1-2, col. 3 lines 20-38);
a valve (valve in first of adapters 28) (see Figs. 1-2, col. 3 lines 20-47); and
a fastener (clamp 70) attached to the main body (assembly of tee fittings 26) (see Figs. 2-3, col. 4 line 55-col. 5 line 4, col. 5 lines 26-52).
However, Gula fails to state that the fastener is fixedly attached to the main body.
Naidu teaches an attachable IV manifold device (see Figs. 2A-3B) comprising a fastener (coupling portion 74) fixedly attached to the main body (tube 40) (see Figs. 2A-3B, par. [0047] and [0049]-[0050], tube 40 can be fixedly attached to coupling portion 74 as shown in Fig. 3A or removably coupled to coupling portion 74 as shown in Fig. 3B).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the manifold device of Gula to include that the fastener is fixedly attached to the main body, as taught by Naidu, because Naidu teaches that both removable or fixed couplings between fasteners and main bodies are appropriate for supporting manifold devices (see Naidu par. [0047] and [0049]-[0050]).
Regarding claim 8, modified Gula teaches the attachable IV manifold device of claim 7 substantially as claimed. Gula further teaches wherein the fastener (clamp 70) is comprised of a clip or a clamp (see Figs. 2-3, col. 4 line 55-col. 5 line 4, col. 5 lines 26-52).
Regarding claim 14, modified Gula teaches the attachable IV manifold device of claim 7 substantially as claimed. Gula further teaches wherein the fastener (clamp 70) is comprised of a handle (see Figs. 2-3, col. 4 line 55-col. 5 line 4, col. 5 lines 26-52, the central portion of claim 70 can be gripped such that it can be considered a handle).
Regarding claim 15, modified Gula teaches the attachable IV manifold device of claim 7 substantially as claimed. Gula further teaches wherein the port (port at first of adapters 28) is comprised of a cap (first of lock covers 30) (see Figs. 2-3, col. 3 lines 20-55).
Regarding claim 16, modified Gula teaches the attachable IV manifold device of claim 7 substantially as claimed. Gula further teaches wherein the port (port at first of adapters 28) is comprised of a first attachment member (see Figs. 1-2, col. 3 lines 20-38, the port at first of adapters 28 has a mating luer connection and a locking mechanism).
Regarding claim 17, modified Gula teaches the attachable IV manifold device of claim 7 substantially as claimed. Gula further teaches wherein the first opening (opening in first of tee fittings 26 at adapter 24) is comprised of a second attachment member (see Figs. 1-2, col. 3 lines 20-30, the opening in first of tee fittings at adapter 24 attaches to adapter 24).
Claims 9-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Gula et al. (US 4,447,230 A) in view of Naidu (US 2020/0324100 A1), as applied to claims 7-8 above, further in view of Werner (US 2010/0280459 A1).
Regarding claim 9, modified Gula teaches the attachable IV manifold device of claim 8 substantially as claimed. However, modified Gula fails to state wherein the fastener is comprised of a spring-loaded hinge.
Werner teaches an attachable IV device (see Figs. 1-5), wherein the fastener (support apparatus 1) is comprised of a spring-loaded hinge (pivot point 4 is loaded by spring member 40) (see Figs. 1 and 3-4, par. [0014] and [0016]-[0018]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the fastener of the attachable IV manifold device of modified Gula to include wherein the fastener is comprised of a spring-loaded hinge, as taught by Werner, in order to allow the fastener to be clipped/clamped onto objects of different sizes and to securely bias the fastener into the closed position (see Werner par. [0014] and [0016]-[0018]).
Regarding claim 10, modified Gula teaches the attachable IV manifold device of claim 7 substantially as claimed. However, modified Gula fails to state wherein the fastener is comprised of a pair of jaws.
Werner teaches an attachable IV device (see Figs. 1-5), wherein the fastener (support apparatus 1) is comprised of a pair of jaws (clamping points 7 and 8) (see Figs. 1-4, par. [0014], [0016], and [0018]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the fastener of the attachable IV manifold device of modified Gula to include wherein the fastener is comprised of a pair of jaws, as taught by Werner, in order to allow the fastener to be clipped/clamped onto objects of different sizes and to securely clamp the fastener onto the objects (see Werner par. [0014], [0016], and [0018]).
Regarding claim 11, modified Gula teaches the attachable IV manifold device of claim 10 substantially as claimed. Modified Gula further teaches wherein the pair of jaws (Werner, clamping points 7 and 8) are each comprised of a grip area (see Werner, Figs. 1-4, Werner par. [0014], [0016], and [0018], clamping points 7 and 8 are areas for gripping an object, see previous modifications in rejection of claim 10 above).
Regarding claim 13, modified Gula teaches the attachable IV manifold device of claim 11 substantially as claimed. Modified Gula further teaches wherein the grip area (Werner, clamping points 7 and 8 are areas for gripping an object) is comprised of a raised or a recessed texture (see Werner, Figs. 1-4, Werner par. [0014], [0016], and [0018], clamping points 7 and 8 are areas for gripping an object and are shown to be both raised and recessed in Figs. 1 and 3-4, see previous modifications in rejection of claim 10 above).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Gula et al. (US 4,447,230 A) in view of Naidu (US 2020/0324100 A1) and further in view of Werner (US 2010/0280459 A1), as applied to claim 11 above, and further in view of Tamrazi et al. (US 2018/0021507 A1).
Regarding claim 12, modified Gula teaches the attachable IV manifold device of claim 11 substantially as claimed. However, modified Gula fails to state wherein the grip area is comprised of a non-slip material.
Tamrazi teaches an attachable IV device (see Figs. 1-4) wherein the grip area (grasping parts 14 and 15) is comprised of a non-slip material (see par. [0049]-[0050]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the grip area of the attachable IV manifold device of modified Gula to include wherein the grip area is comprised of a non-slip material, as taught by Tamrazi, in order to help softly grip objects held by the fastener and/or increase the grip of the fastener (see Tamrazi par. [0049]-[0050]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AVERY SMALE whose telephone number is (571)270-7172. The examiner can normally be reached Mon.-Fri. 8-4 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at (571) 272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AVERY SMALE/Examiner, Art Unit 3783
/KAMI A BOSWORTH/Primary Examiner, Art Unit 3783