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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 2/6/2024 and 4/16/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: item 48 and item 52. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-20 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.
In regard to claim 1,
Line 2 recites “a proximal end thereof”. It is unclear what structure “thereof” refers to. It is unclear if thereof refers to of the fluid container or of the intravenous administrations set. For examination purposes Examiner construes “a proximal end thereof” to be “a proximal end of the fluid container”. Examiner suggests replacing “a proximal end thereof” in line 2 of claim 1 with “a proximal end of the fluid container”.
Line 8 recites “a light source emitting a light”. It is unclear if a method step is being claimed due to the term “emitting”. It is unclear if claim 1 is intending to positively claim that the light is on/emitted or instead claim that the light source is configured to emit a light. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). Appropriate correct is required. Examiner suggests replacing “a light source emitting a light” in line 8 of claim 1 with “a light source configured to emit a light”.
Examiner notes claims 2-17 are similarly rejected by virtue of their dependency on claim 1.
In regard to claim 2,
Line 1-2 recites “wherein the light is emitted through the tubing”. It is unclear if a method step is being claimed due to the term “is emitted”. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). Appropriate correct is required. Examiner suggests replacing “wherein the light is emitted through the tubing” in line 1-2 of claim 2 with “wherein the light is configured to be emitted through the tubing”. Examiner notes depending on how claim 1 is amended, claim 2 should be amended accordingly.
Examiner notes claims 3-9 are similarly rejected by virtue of their dependency on claim 2.
In regard to claim 3,
Line 1-2 recites “wherein the light is transmitted via a fiber optic filament”. It is unclear if a method step is being claimed due to the term “is transmitted”. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). Appropriate correct is required. Examiner suggests replacing “wherein the light is transmitted via a fiber optic filament” in line 1-2 of claim 3 with “wherein the light is configured to be transmitted via a fiber optic filament”. Examiner notes depending on how claims 1-2 are amended, claim 3 should be amended accordingly.
Examiner notes claims 4-6 are similarly rejected by virtue of their dependency on claim 3.
In regard to claim 6,
Line 1-2 recites “wherein the fiber optic filament extends partially from the pump to the patient access tip”. It is unclear what is meant by this. It is unclear how the fiber optic filament can extend partially from the pump to the patient access tip. If the fiber optic filament extends partially as claimed, it appears it would be partially between the pump and the patient access tip, rather than extending from the pump to the patient access tip. For examination purposes Examiner construes “wherein the fiber optic filament extends partially from the pump to the patient access tip” to be “wherein the fiber optic filament extends partially between the pump and the patient access tip”. Examiner suggests clarifying what is meant by “wherein the fiber optic filament extends partially from the pump to the patient access tip”.
In regard to claim 7,
Line 1-2 recites “wherein the light is emitted via an optical connection”. It is unclear if a method step is being claimed due to the term “is emitted”. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). Appropriate correct is required. Examiner suggests replacing wherein the light is emitted via an optical connection” in line 1-2 of claim 7 with “wherein the light is configured to be emitted via an optical connection”. Examiner notes depending on how claims 1-2 are amended, claim 7 should be amended accordingly.
In regard to claim 8,
Line 1 recites “wherein the light is transmitted”. It is unclear if a method step is being claimed due to the term “is transmitted”. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). Appropriate correct is required. Examiner suggests replacing “wherein the light is transmitted” in line 1 of claim 8 with “wherein the light is configured to be transmitted”. Examiner notes depending on how claims 1-2 are amended, claim 8 should be amended accordingly.
Line 1-2 recites “tubing lumens”. Claim 8 depends on claim 2 and claim 1. Claim 1 recites “a tubing”. It is unclear if “tubing lumens” refer to lumens of the tubing of claim 1 or to lumens of a different tubing. Paragraph [0026] of the instant disclosure states that “the light may be transmitted via an optical lumen (not shown) extending along the tubing 40”. Based on the disclosure “tubing lumens” is construed as “a lumen of the tubing”. Examiner suggests replacing “tubing lumens” in line 1-2 of claim 8 with “a lumen of the tubing”.
In regard to claim 9,
Line 1 recites “wherein the light is transmitted”. It is unclear if a method step is being claimed due to the term “is transmitted”. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). Appropriate correct is required. Examiner suggests replacing “wherein the light is transmitted” in line 1 of claim 9 with “wherein the light is configured to be transmitted”. Examiner notes depending on how claims 1-2 are amended, claim 9 should be amended accordingly.
Line 1-2 recites “a tubing wall”. Claim 9 depends on claim 2 and claim 1. Claim 1 recites “a tubing”. It is unclear if “a tubing wall” refer to a wall of the tubing of claim 1 or to a wall of a different tubing. For examination purposes Examiner construes “a tubing wall” to be “a wall of the tubing”. Examiner suggests replacing “a tubing wall” in line 1-2 of claim 9 with “a wall of the tubing”.
In regard to claim 11,
Line 1-2 recites “wherein the light travels in a proximal direction from the pump toward the patient access tip”. It is unclear if a method step is being claimed due to the term “travels”. Additionally, it is unclear how the light would travel in a proximal direction from the pump toward the patient access tip if the light is already on/emitted. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). Appropriate correct is required. Examiner suggests replacing “wherein the light travels in a proximal direction from the pump toward the patient access tip” in line 1-2 of claim 11 with “wherein the light is configured to travel in a proximal direction from the pump toward the patient access tip”.
In regard to claim 15,
Line 1-2 recites “wherein the light source constantly emits the light”. It is unclear if a method step is being claimed due to the phrase “constantly emits”. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). Appropriate correct is required. Examiner suggests replacing “wherein the light source constantly emits the light” in line 1-2 of claim 15 with “wherein the light source is configured to constantly emit the light”. Examiner notes depending on how claim 1 is amended, claim 15 should be amended accordingly.
In regard to claim 18,
Line 2 recites “a proximal end thereof”. It is unclear what structure “thereof” refers to. It is unclear if thereof refers to of the fluid container or of the intravenous administrations set. For examination purposes Examiner construes “a proximal end thereof” to be “a proximal end of the fluid container”. Examiner suggests replacing “a proximal end thereof” in line 2 of claim 18 with “a proximal end of the fluid container”.
Line 8 recites “a light source emitting a light”. It is unclear if a method step is being claimed due to the term “emitting”. It is unclear if claim 18 is intending to positively claim that the light is on/emitted or instead claim that the light source is configured to emit a light. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). Appropriate correct is required. Examiner suggests replacing “a light source emitting a light” in line 8 of claim 18 with “a light source configured to emit a light”.
Line 9 recites “wherein the light is emitted through the tubing”. It is unclear if a method step is being claimed due to the term “is emitted”. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). Appropriate correct is required. Examiner suggests replacing “wherein the light is emitted through the tubing” in line 9 of claim 18 with “wherein the light is configured to be emitted through the tubing”. Examiner notes depending on how line 8 of claim 18 is amended, line 9 should be amended accordingly.
Examiner notes claims 19-20 are similarly rejected by virtue of their dependency on claim 18.
In regard to claim 19,
Line 1-2 recites “wherein the light is transmitted via a fiber optic filament”. It is unclear if a method step is being claimed due to the term “is transmitted”. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). Appropriate correct is required. Examiner suggests replacing “wherein the light is transmitted via a fiber optic filament” in line 1-2 of claim 19 with “wherein the light is configured to be transmitted via a fiber optic filament”. Examiner notes depending on how claim 18 is amended, claim 19 should be amended accordingly.
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, 5-9, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Utz (U.S. PG publication 20170258983).
In regard to claim 1,
Utz discloses an intravenous administration set (see figure 1; paragraph [0020]) comprising:
[AltContent: connector][AltContent: connector][AltContent: textbox (Tubing )][AltContent: connector][AltContent: connector][AltContent: textbox (Fluid container)][AltContent: rect]
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a fluid container (see figure 1 above) containing a medicament (paragraph [0024]) and having an outlet on a proximal end thereof (see figure 1 wherein the outlet on the proximal end is connected to tubing);
a patient access tip (see tip which is inserted into the patient 106; paragraph [0003]: needle or port) having an inlet on a distal end and a proximal end configured to be inserted into a patient (see figure 1; paragraph [0003]);
a tubing (see figure 1 above, item 108c) having a distal end coupled to the outlet of the fluid container (see figure 1 above) and a proximal end coupled to the distal end of the patient access tip (see figure 1 above; paragraph [0003]);
a pump (figure 1, item 102) coupled to the tubing between the fluid container and the patient access tip (see figure 1 above); and
a light source (source of illumination described in paragraph [0025] and [0030]) emitting a light along the tubing toward the patient access tip (paragraph [0025]-[0026], [0030], and [0032]; Examiner notes figure 1 shows item 108 illuminated. Item 108c functions similarly to item 108 as discussed in paragraph [0025]).
In regard to claim 2,
Utz discloses the intravenous administration set of claim 1, wherein the light is emitted through the tubing (paragraph [0025]-[0026], [0030], and [0032]; Examiner notes figure 1 shows item 108 illuminated. Item 108c functions similarly to item 108 as discussed in paragraph [0025]).
In regard to claim 3,
Utz discloses the intravenous administration set of claim 2, wherein the light is transmitted via a fiber optic filament (paragraph [0037], [0026], and [0055]).
In regard to claim 5,
Utz discloses the intravenous administration set of claim 3, wherein the fiber optic filament extends from the pump to the patient access tip (A fiber optic filament is within the light transmission channel as supported by paragraph [0026] and [0037]-[0038] and extends from the pump to the patient access tip as that portion of the tube can be illuminated as supported by paragraph [0032]: wherein the entire length of the illuminating infusion line is allowed to illuminate, paragraph [0025]-[0026] and [0030]).
In regard to claim 6,
Utz discloses the intravenous administration set of claim 3, wherein the fiber optic filament extends partially from the pump to the patient access tip (A fiber optic filament is within the light transmission channel as supported by paragraph [0026] and [0037]-[0038] and extends partially from the pump to the patient access tip as that portion of the tube can be illuminated but broken up by the filter as supported by paragraph [0032], see also paragraph [0025]-[0026] and [0030]).
In regard to claim 7,
Utz discloses the intravenous administration set of claim 2, wherein the light is emitted via an optical connection (paragraph [0025]-[0026] and [0030]).
In regard to claim 8,
Utz discloses the intravenous administration set of claim 2, wherein the light is transmitted via tubing lumens (paragraph [0025] and [0037]; see figure 3, item 302 and 304 which show example lumens; Examiner notes the light is transmitted via tubing lumens as the light is visible through both lumens).
In regard to claim 9,
Utz discloses the intravenous administration set of claim 2, wherein the light is transmitted through a tubing wall (paragraph [0025], see figure 1 and analysis of claim 1 above).
In regard to claim 15,
Utz discloses the intravenous administration set of claim 1, wherein the light source constantly emits the light (paragraph [0025]-[0026], [0030], and [0037], Examiner notes the light source constantly emits the light when turned on).
In regard to claim 16,
Utz discloses the intravenous administration set of claim 1, wherein the fluid container and the patient access tip are in fluid communication through the tubing (see figure 1 and analysis of claim 1 above; paragraph [0024]-[0025]).
In regard to claim 17,
Utz discloses the intravenous administration set of claim 1, wherein the pump is coupled to the tubing closer to the fluid container than the patient access tip (see figure 1).
Claims 1-3, 6-7, 9, 12-16, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barneck (U.S. Patent no 11229728).
In regard to claim 1,
Barneck discloses an intravenous administration set (see figure 24 and 24A) comprising:
a fluid container (figure 24, item 312; column 34, line 12-13 wherein the container contains saline) containing a medicament (column 34, line 12-13 wherein the container contains saline) and having an outlet on a proximal end thereof (see figure 24);
a patient access tip (access needle described in column 35, line 58-61) having an inlet on a distal end and a proximal end configured to be inserted into a patient (see figure 24A; column 35, line 58-61);
a tubing (figure 24A, item 328) having a distal end coupled to the outlet of the fluid container (see figure 24 wherein the distal end is coupled to the outlet of the fluid container via various components) and a proximal end coupled to the distal end of the patient access tip (see figure 24A; column 35, line 58-61);
a pump (figure 24, item 300) coupled to the tubing between the fluid container and the patient access tip (see figure 24); and
a light source (see figure 14 and 24A, item 14 and 155) emitting a light along the tubing toward the patient access tip (column 35, line 54-column 36, line 7; see figure 24A wherein rays of light are shown being emitted from the tubing; column 15, line 60-column 16, line 10).
In regard to claim 2,
Barneck discloses the intravenous administration set of claim 1, wherein the light is emitted through the tubing (see figure 24A; column 4, line 63-column 5, line 13 and column 6, line 5-12).
In regard to claim 3,
Barneck discloses the intravenous administration set of claim 2, wherein the light is transmitted via a fiber optic filament (column 16, line 30-37 and column 6, line 5-12).
In regard to claim 6,
Barneck discloses the intravenous administration set of claim 3, wherein the fiber optic filament extends partially from the pump to the patient access tip (see 112 rejection above for claim interpretation, see figure 24 and analysis of claim 1 wherein the fiber optic filament extends partially between the pump and the patient access tip).
In regard to claim 7,
Barneck discloses the intravenous administration set of claim 2, wherein the light is emitted via an optical connection (column 16, line 30-37 and column 6, line 5-12).
In regard to claim 9,
Barneck discloses the intravenous administration set of claim 2, wherein the light is transmitted through a tubing wall (column 35, line 54-column 36, line 7; see figure 24A wherein rays of light are shown being emitted from the tubing wall; column 15, line 60-column 16, line 10).
In regard to claim 12,
Barneck discloses the intravenous administration set of claim 1, wherein the light has antimicrobial properties (column 5, line 32-44 and column 18, line 34-48).
In regard to claim 13,
Barneck discloses the intravenous administration set of claim 12, wherein the light is an indigo light (column 5, line 32-44 and column 18, line 34-48; Examiner notes a wavelength of approximately 405 nm is construed as being used).
In regard to claim 14,
Barneck discloses the intravenous administration set of claim 13, wherein the indigo light has a wavelength from a visible light spectrum of approximately 405 nm (see analysis of claim 13 above; column 5, line 32-44 and column 18, line 34-48).
In regard to claim 15,
Barneck discloses the intravenous administration set of claim 1, wherein the light source constantly emits the light (column 8, line 1-11).
In regard to claim 16,
Barneck discloses the intravenous administration set of claim 1, wherein the fluid container and the patient access tip are in fluid communication through the tubing (see figure 24 and 24A).
In regard to claim 18,
Barneck discloses an intravenous administration set (see figure 24 and 24A)comprising:
a fluid container (figure 24, item 312; column 34, line 12-13 wherein the container contains saline) containing a medicament (column 34, line 12-13 wherein the container contains saline) and having an outlet on a proximal end thereof (see figure 24);
a patient access tip (access needle described in column 35, line 58-61) having an inlet on a distal end and a proximal end configured to be inserted into a patient (see figure 24A; column 35, line 58-61);
a tubing (figure 24A, item 328) having a distal end coupled to the outlet of the fluid container (see figure 24 wherein the distal end is coupled to the outlet of the fluid container via various components) and a proximal end coupled to the distal end of the patient access tip (see figure 24A; column 35, line 58-61);
a pump (figure 24, item 300) coupled to the tubing between the fluid container and the patient access tip (see figure 24); and
a light source (see figure 14 and 24A, item 14 and 155) emitting a light along the tubing toward the patient access tip (column 35, line 54-column 36, line 7; see figure 24A wherein rays of light are shown being emitted from the tubing; column 15, line 60-column 16, line 10),
wherein the light is emitted through the tubing (see figure 24A; column 4, line 63-column 5, line 13 and column 6, line 5-12), and
wherein the light has antimicrobial properties (column 5, line 32-44 and column 18, line 34-48).
In regard to claim 19,
Barneck discloses the intravenous administration set of claim 18, wherein the light is transmitted via a fiber optic filament (column 16, line 30-37 and column 6, line 5-12).
In regard to claim 20,
Barneck discloses the intravenous administration set of claim 18, wherein the light is an indigo light (wherein the light is an indigo light as supported by column 5, line 32-44 and column 18, line 34-48).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4, 12-14, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Utz (U.S. PG publication 20170258983) further in view of Eltorai (U.S. PG publication 20190168023).
In regard to claim 4,
Utz discloses the intravenous administration set of claim 3.
Utz is silent as to wherein the fiber optic filament comprises polystyrene.
Eltorai teaches wherein the fiber optic filament comprises polystyrene (paragraph [0081]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Utz to substitute a fiber optic filament comprising polystyrene in place of the fiber optic filament of Utz, as taught by Eltorai, because the substitution is a simple substitution that would yield the same predictable result of enabling illumination of a tube (paragraph [0081] of Eltorai and paragraph [0030] of Utz). Furthermore, Utz discloses modifications can be made to the optical fiber (paragraph [0038], [0046], and [0064] of Utz).
In regard to claim 12,
Utz discloses the intravenous administration set of claim 1.
Utz is silent as to wherein the light has antimicrobial properties.
Eltorai teaches wherein the light has antimicrobial properties (paragraph [0018]; Examiner notes the light is construed as a violet-blue light of 405 nm; paragraph [0078] supports fiber optics are used).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Utz to include wherein the light has antimicrobial properties, as taught by Eltorai, for the purpose of providing antimicrobial effects while being safe to expose to human tissue (paragraph [0018] of Eltorai).
In regard to claim 13,
Utz in view of Eltorai teaches the intravenous administration set of claim 12, wherein the light is an indigo light (see analysis of claim 12 above and paragraph [0018] of Eltorai).
In regard to claim 14,
Utz in view of Eltorai teaches the intravenous administration set of claim 13, wherein the indigo light has a wavelength from a visible light spectrum of approximately 405 nm (see analysis of claim 12 above and paragraph [0018] of Eltorai).
In regard to claim 18,
Utz discloses an intravenous administration set (see figure 1; paragraph [0020]) comprising:
[AltContent: connector][AltContent: connector][AltContent: textbox (Tubing )][AltContent: connector][AltContent: connector][AltContent: textbox (Fluid container)][AltContent: rect]
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a fluid container (see figure 1 above) containing a medicament (paragraph [0024]) and having an outlet on a proximal end thereof (see figure 1 wherein the outlet on the proximal end is connected to tubing);
a patient access tip (see tip which is inserted into the patient 106; paragraph [0003]: needle or port) having an inlet on a distal end and a proximal end configured to be inserted into a patient (see figure 1; paragraph [0003]);
a tubing (see figure 1 above, item 108c) having a distal end coupled to the outlet of the fluid container (see figure 1 above) and a proximal end coupled to the distal end of the patient access tip (see figure 1 above; paragraph [0003]);
a pump (figure 1, item 102) coupled to the tubing between the fluid container and the patient access tip (see figure 1 above); and
a light source (source of illumination described in paragraph [0025] and [0030]) emitting a light along the tubing toward the patient access tip (paragraph [0025]-[0026], [0030], and [0032]; Examiner notes figure 1 shows item 108 illuminated. Item 108c functions similarly to item 108 as discussed in paragraph [0025]),
wherein the light is emitted through the tubing (paragraph [0025]-[0026], [0030], and [0032]; Examiner notes figure 1 shows item 108 illuminated. Item 108c functions similarly to item 108 as discussed in paragraph [0025]).
Utz is silent as to wherein the light has antimicrobial properties.
Eltorai teaches wherein the light has antimicrobial properties (paragraph [0018]; Examiner notes the light is construed as a violet-blue light of 405 nm; paragraph [0078] supports fiber optics are used).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Utz to include wherein the light has antimicrobial properties, as taught by Eltorai, for the purpose of providing antimicrobial effects while being safe to expose to human tissue (paragraph [0018] of Eltorai).
In regard to claim 19,
Utz in view of Eltorai teaches the intravenous administration set of claim 18, wherein the light is transmitted via a fiber optic filament (paragraph [0037], [0026], and [0055] of Utz and paragraph [0078] of Eltorai).
In regard to claim 20,
Utz in view of Eltorai teaches the intravenous administration set of claim 18, wherein the light is an indigo light (see analysis of claim 18 above and paragraph [0018] of Eltorai).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Utz (U.S. PG publication 20170258983).
In regard to claim 10,
Utz discloses the intravenous administration set of claim 1.
A first embodiment of Utz is silent as to wherein the light source is disposed in the pump.
A second embodiment of Utz teaches wherein the light source is disposed in the pump (see figure 13 wherein a light source is disclosed within the pump and exterior to the pump; paragraph [0060]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the first embodiment of Utz to include wherein the light source is disposed in the pump, as taught by the second embodiment of Utz, for the purpose of enabling the entirety of the line to be illuminated (paragraph [0032] of Utz:“ Other sources of illumination may originate within or on the manifold, infusion pump, or any other infusion component and work synchronously with other sources of illumination in order to illuminate the entirety of the line”).
In regard to claim 11,
Utz teaches the intravenous administration set of claim 10, wherein the light travels in a proximal direction from the pump toward the patient access tip (paragraph [0030] and [0032]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Barneck (U.S. Patent no 11229728) further in view of Eltorai (U.S. PG publication 20190168023).
In regard to claim 4,
Barneck discloses the intravenous administration set of claim 3.
Barneck is silent as to wherein the fiber optic filament comprises polystyrene.
Eltorai teaches wherein the fiber optic filament comprises polystyrene (paragraph [0081]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Barneck to substitute a fiber optic filament comprising polystyrene in place of the fiber optic filament of Barneck, as taught by Eltorai, because the substitution is a simple substitution that would yield the same predictable result of enabling illumination of a tube (paragraph [0081] of Eltorai and column 4, line 63-column 5, line 13 and column 6, line 5-12 of Barneck). Furthermore, Barneck discloses modifications can be made (column 36, line 59-67 of Barneck).
Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Barneck (U.S. Patent no 11229728).
In regard to claim 8,
Barneck discloses the intravenous administration set of claim 2.
A first embodiment of Barneck fails to disclose wherein the light is transmitted via tubing lumens.
A second embodiment of Barneck teaches wherein the light is transmitted via tubing lumens (see figure 6D, item 30; wherein two lumens each contain a fiber optic which light is transmitted; column 20, line 50-61 and column 20, line 40-49).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the first embodiment of Barneck to include wherein the light is transmitted via tubing lumens and a fiber optic within each tubing lumen, as taught by the second embodiment of Barneck, for the purpose of controlling the relative intensity of the EMR (column 4, line 41-47 and column 20, line 62-column 21, line 2 of Barneck).
In regard to claim 17,
Barneck discloses the intravenous administration set of claim 1.
Barneck is silent as to wherein the pump is coupled to the tubing closer to the fluid container than the patient access tip.
It would have been an obvious matter of design choice to modify Barneck to include wherein the pump is coupled to the tubing closer to the fluid container than the patient access tip since applicant has not disclosed that having wherein the pump is coupled to the tubing closer to the fluid container than the patient access tip solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Furthermore, absent a teaching as to the criticality of wherein the pump is coupled to the tubing closer to the fluid container than the patient access tip, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975).
Conclusion
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/ALEXANDRA LALONDE/Examiner, Art Unit 3783
/KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783