Prosecution Insights
Last updated: August 17, 2026
Application No. 18/488,392

ANTIMICROBIAL INTRAVENOUS SET

Final Rejection §102§103
Filed
Oct 17, 2023
Examiner
LALONDE, ALEXANDRA ELIZABETH
Art Unit
3783
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Cardinal Health Inc.
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
274 granted / 387 resolved
+0.8% vs TC avg
Strong +34% interview lift
Without
With
+33.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
37 currently pending
Career history
426
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
41.6%
+1.6% vs TC avg
§102
20.5%
-19.5% vs TC avg
§112
34.6%
-5.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 387 resolved cases

Office Action

§102 §103
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 . Response to Amendment The Amendment filed on 4/24/2026 has been entered. Claims 1-11 and 13-20 remain pending in the application. Applicants amendments to the specification have overcome the drawing objections previously set forth in the Non-final Office Action mailed 2/17/2026. Applicants amendments to the claims have overcome the rejections under 35 USC 112 previously set forth in the Non-final Office Action mailed 2/17/2026. Examiner notes Applicant did not properly underline all new amendments made to the claims. Specifically, the term “and” was added to claim 6 and not properly underlined. See 37 CFR 1.121, section (c)(2). Examiner notes although the amendment is not underlined, it is entered. 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, 6-7, 9, and 13-16 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 of the fluid container (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) configured to emit a light along the tubing to 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 has antimicrobial properties (column 5, line 32-44 and column 18, line 34-38). In regard to claim 2, Barneck discloses the intravenous administration set of claim 1, wherein the light is configured to be 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 configured to be 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 between the pump and the patient access tip (see figure 24 and analysis of claim 1 and 3 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 configured to be 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 configured to be transmitted through a wall of the tubing (column 35, line 54-column 36, line 7; see figure 24A wherein rays of light are shown being emitted from a wall of the tubing; column 15, line 60-column 16, line 10). In regard to claim 13, Barneck discloses the intravenous administration set of claim 1, 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 is configured to constantly emit 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). 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. 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 configured to be transmitted via a lumen of the tubing. A second embodiment of Barneck teaches wherein the light is configured to be transmitted via a lumen of the tubing (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 configured to be transmitted via a lumen of the tubing and to include 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). Claims 1-11 and 13-20 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 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] PNG media_image1.png 564 745 media_image1.png Greyscale a fluid container (see figure 1 above) containing a medicament (paragraph [0024]) and having an outlet on a proximal end of the fluid container (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]) configured to emit a light along the tubing to 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]; Examiner notes “configured to emit a light along the tubing to the patient access tip” is a functional limitation. The light source is fully capable of the recited function due to its structure. It is noted that the light is not positively required by the claim). 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 2, Utz in view of Eltorai teaches the intravenous administration set of claim 1, wherein the light is configured to be emitted through the tubing (paragraph [0025]-[0026], [0030], and [0032] of Utz; Examiner notes figure 1 of Utz shows item 108 illuminated. Item 108c functions similarly to item 108 as discussed in paragraph [0025] of Utz). In regard to claim 3, Utz in view of Eltorai teaches the intravenous administration set of claim 2, wherein the light is configured to be transmitted via a fiber optic filament (paragraph [0037], [0026], and [0055] of Utz). In regard to claim 4, Utz in view of Eltorai teaches the intravenous administration set of claim 3. Utz in view of Eltorai 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 in view of Eltorai 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 5, Utz in view of Eltorai teaches 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] of Utz and extends from the pump to the patient access tip as that portion of the tube can be illuminated as supported by paragraph [0032] of Utz: wherein the entire length of the illuminating infusion line is allowed to illuminate, paragraph [0025]-[0026] and [0030] of Utz). In regard to claim 6, Utz in view of Eltorai teaches the intravenous administration set of claim 3, wherein the fiber optic filament extends partially between the pump and the patient access tip (A fiber optic filament is within the light transmission channel as supported by paragraph [0026] and [0037]-[0038] of Utz and extends partially between the pump and the patient access tip as that portion of the tube can be illuminated but broken up by the filter as supported by paragraph [0032] of Utz, see also paragraph [0025]-[0026] and [0030] of Utz). In regard to claim 7, Utz in view of Eltorai teaches the intravenous administration set of claim 2, wherein the light is configured to be emitted via an optical connection (paragraph [0025]-[0026] and [0030] of Utz). In regard to claim 8, Utz in view of Eltorai teaches the intravenous administration set of claim 2, wherein the light is configured to be transmitted via a lumen of the tubing (paragraph [0025] and [0037] of Utz; see figure 3, item 302 and 304 of Utz which show example lumens; Examiner notes the light is transmitted via a lumen of the tubing as the light is visible through both lumens). In regard to claim 9, Utz in view of Eltorai teaches the intravenous administration set of claim 2, wherein the light is configured to be transmitted through a wall of the tubing (paragraph [0025] of Utz, see figure 1 and analysis of claim 1 above). In regard to claim 10, Utz in view of Eltorai teaches the intravenous administration set of claim 1. Utz in view of Eltorai 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 Utz in view of Eltorai 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 in view of Eltorai teaches the intravenous administration set of claim 10, wherein the light is configured to travel in a proximal direction from the pump toward the patient access tip (paragraph [0030] and [0032] of Utz). In regard to claim 13, Utz in view of Eltorai teaches the intravenous administration set of claim 1, 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 15, Utz in view of Eltorai teaches the intravenous administration set of claim 1, wherein the light source is configured to constantly emit the light (paragraph [0025]-[0026], [0030], and [0037] of Utz, Examiner notes the light source is configured to constantly emit the light when turned on). In regard to claim 16, Utz in view of Eltorai teaches 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 of Utz and analysis of claim 1 above; paragraph [0024]-[0025] of Utz). In regard to claim 17, Utz in view of Eltorai teaches 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 of Utz). 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] PNG media_image1.png 564 745 media_image1.png Greyscale a fluid container (see figure 1 above) containing a medicament (paragraph [0024]) and having an outlet on a proximal end of the fluid container (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]) configured to emit 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]; Examiner notes “configured to emit a light along the tubing toward the patient access tip” is a functional limitation. The light source is fully capable of the recited function due to its structure. It is noted that the light is not positively required by the claim), wherein the light is configured to be 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]). A first embodiment of Utz is silent as to a light source disposed in the pump and wherein the light has antimicrobial properties. A second embodiment of Utz teaches a light source 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 location of the light source in the first embodiment of Utz to be 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 [0060] and [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”). The first embodiment of Utz in view of the second embodiment of 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 the first embodiment of Utz in view of the second embodiment of 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, The first embodiment of Utz in view of the second embodiment of Utz in view of Eltorai teaches the intravenous administration set of claim 18, wherein the light is configured to be transmitted via a fiber optic filament (paragraph [0037], [0026], and [0055] of Utz and paragraph [0078] of Eltorai). In regard to claim 20, The first embodiment of Utz in view of the second embodiment of 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). Response to Arguments Applicant's arguments filed 4/24/2026 have been fully considered but they are not persuasive. Applicant argues in regard to Barneck that the saline bag 312 (fluid container) connects via saline line 330 to the outbound blood flow tubing 324, not to item 328. Examiner notes claim 1 and claim 18 do not require the fluid container to be directly coupled to the distal end of the tubing. The fluid container (item 312) is coupled to item 324 via item 330 as argued by Applicant. The fluid container is however also coupled to item 328 via other components as shown in figure 24. Applicant argues the fluid path from the saline bag is not understood to be disclosed as passing through item 328. It is noted that claim 1 does not claim a fluid path from the pump to the tubing. Additionally, it is noted that column 34, line 29-45 and column 34, line 54-65 of Barneck described a flow of fluids. Fluid flows from item 312, to item 304, item 322, and item 328 as shown in figure 24 (see arrows labeled D). Applicant argues Barneck does not disclose a pump coupled to the tubing between the fluid container and the patient access tip and a light source configured to emit a light along the tubing to the patient access tip, wherein the light has antimicrobial properties. As detailed above, a pump (figure 24, item 300) is coupled to the tubing between the fluid container and the patient access tip as shown in figure 24 of Barneck. Barneck also discloses a light source (see figure 14 and 24A, item 14 and 155) configured to emit a light along the tubing to 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 has antimicrobial properties (column 5, line 32-44 and column 18, line 34-38). Applicant argues the combination of Utz and Eltorai is improper. Applicant states that Utz is directed to illumination for a fundamentally different purpose than the light for antimicrobial purposes of the present application. It is noted that Utz is not cited for teaching antimicrobial properties. Both the instant invention and Utz are in the same field of endeavor and disclose intravenous administration sets with a light source that is configured to emit a light along the tubing. Applicant argues that Eltorai is directed to antimicrobial light-emitting catheters and is understood to be applied to catheters themselves and not intravenous administration sets comprising a fluid container, tubing, pump, and patient access tip. It is noted that Eltorai is not cited as teaching a fluid container or pump. Eltorai is also not cited as teaching a light source in the pump. Eltorai is cited as modifying only the light (which is not positively required by claim 18) of Utz to have antimicrobial properties. The intravenous administration set of Utz teaches the light is configured to be emitted through the tubing. Utz is however silent as to the color/specific wavelength of the light. Eltorai, which is in the same field of endeavor as Utz, teaches a clear benefit for emitting an indigo light as detailed above (paragraph [0018] of Eltorai). Applicant argues a person of ordinary skill would have no reason to simultaneously relocate the light source into the pump and change the light to have antimicrobial properties when Utz’s entire system is designed for visual line identification. Examiner respectfully disagrees. Utz provides a clear benefit for relocating the light source into the pump as detailed above, while Eltorai also provides a clear benefit for the light (which is not positively required by the claim) to have antimicrobial properties. In response to Applicant's argument that the examiner has combined multiple references, reliance on a large number of references in a rejection does not, without more, weigh against the obviousness of the claimed invention. See In re Gorman, 933 F.2d 982, 18 USPQ2d 1885 (Fed. Cir. 1991). Applicant further argues “The specific combination of features in amended independent Claim 18, including the "light source disposed in the pump and configured to emit a light along the tubing to the patient access tip, wherein the light is configured to be emitted through the tubing, and wherein the light has antimicrobial properties," provide a structural and functional arrangement not disclosed or taught by any combination of the applied references”. Examiner respectfully disagrees. The first embodiment of Utz in view of the second embodiment of Utz in view of Eltorai teaches all structural and functional limitations of claim 18 as detailed above. Applicant further argues “the applied references address fundamentally different problems such that a person of ordinary skill would not arrive at the claimed combination without impermissible hindsight reconstruction.” In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). As noted above, the applied references Utz and Eltorai are in the same field of endeavor, Utz is silent as to the color/wavelength of the light, and Eltorai provides a clear benefit for modifying the color/wavelength of the light of Utz. Applicant’s arguments are therefore not found to be persuasive. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDRA ELIZABETH LALONDE whose telephone number is (313)446-6594. The examiner can normally be reached M-F 8-5 EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALEXANDRA LALONDE/Examiner, Art Unit 3783 /KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783
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Prosecution Timeline

Oct 17, 2023
Application Filed
Feb 17, 2026
Non-Final Rejection mailed — §102, §103
Apr 24, 2026
Response Filed
Jul 07, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
99%
With Interview (+33.8%)
3y 4m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
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