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 .
Election/Restrictions
Applicant’s election without traverse of Subspecies 3 and Subspecies AA (claims 1-20) in the reply filed on 3/12/2026 is acknowledged. Applicant further argues that Species C (figure 20) should be included as a part of Species B. In response, examiner mentions that Species C does show different feature of including plurality of channels each with different channel shapes. Therefore, even if Species C is included as a part of Species B, Species C will be considered as a subspecies for applicant to elect.
In addition, examiner found that claims 10-14 are reading over the non-elected Species A and therefore, these claims are being withdrawn from current examination. Furthermore, attorney Christopher Rothe affirmed and agreed to withdraw the claims 10-14 from the current examination based on conversation on 3/26/2026.
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 1-9, 15 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carrez et al. (US 2007/0249980 A1).
Regarding claim 1, Carrez teaches a catheter securement device 1 (figures 1 and device shown in figure 4) comprising:
a base 1b defining a slot 6; and
at least one inertial damper 1a attached to the base 1b and extending above the slot 6,
the slot 6 and the at least one inertial damper 1a being relatively positioned so that when the slot 6 is aligned over a catheter insertion site (site where a catheter gets inserted), a catheter tube (see solid line representing catheter in figure 7) exiting the catheter insertion site is receivable through the slot 6 and coilable around at least a portion of the at least one inertial damper 1a (see figure 7, similarly, catheter tube could be coiled around 1a in figure 1).
Regarding claim 2, Carrez teaches wherein the slot 6 and the at least one inertial damper 1a are relatively positioned so that the catheter tube (solid line representing catheter in figure 7) is coilable around the at least one inertial damper 1a to fully surround the at least one inertial damper 1a (see figure 7).
Regarding claim 3, Carrez teaches wherein the at least one inertial damper 1a (figures 1 and 5) comprises a peripheral sidewall (wall of elements 1a forming channels 7, 8, 9 and 10, elements 9 and 10 are present in embodiment shown in figure 5) configured to frictionally (paragraph 0034) engage the catheter tube.
Regarding claim 4, Carrez teaches wherein the sidewall (wall of elements 1a forming channels 7, 8, 9 and 10, elements 9 and 10 are present in embodiment shown in figure 5) is compressible under stored energy (paragraph 0034, “elastic trapping”, paragraph 0036, “flexible and elastic” material would be compressible).
Regarding claim 5, Carrez teaches wherein the slot 6 and the peripheral sidewall (wall of elements 1a forming channels 7, 8, 9 and 10, elements 9 and 10 are present in embodiment shown in figure 5) are relatively positioned so that when the slot is aligned over the catheter insertion site, the catheter tube (figure 7) exiting the catheter insertion site is receivable through the slot 6 and coilable around at least a portion of the peripheral sidewall (wall of elements 1a forming channels 7, 8, 9 and 10, elements 9 and 10 are present in embodiment shown in figure 5).
Regarding claim 6, Carrez teaches wherein the peripheral sidewall (wall of elements 1a forming channels 7, 8, 9 and 10, elements 9 and 10 are present in embodiment shown in figure 5) comprises a plurality of sidewall sections (see “SS” in figure 5 below).
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Regarding claim 7, Carrez teaches wherein the slot 6 and the peripheral sidewall (wall of elements 1a forming channels 7, 8, 9 and 10, elements 9 and 10 are present in embodiment shown in figure 5) are relatively positioned so that when the slot 6 is aligned over the catheter insertion site, the catheter tube exiting the catheter insertion site is receivable through the slot 6 and coilable (figure 7) around some or all of the plurality of sidewall sections (see “SS” in figure 5 above).
Regarding claim 8, Carrez teaches further comprising at least two coil retaining members (1a can also serve as coil retaining members) configured to keep the catheter tube coiled around the at least one inertial damper 1a (by coiling the catheter tube around 1a in figures 1 or 5 and reinserting/inserting in a channel, element 1a is capable to keep the catheter tube coiled around the at least one inertial damper).
Regarding claim 9, Carrez teaches wherein each of the at least two coil retaining members 1a configured to limit (see figure 7 where element 1a is capable to limit migration of the catheter tube) migration of the catheter tube away from the sidewall after the catheter tube is coiled around the at least one inertial damper 1a.
Regarding 15, Carrez teaches wherein the at least one inertial damper 1a comprises a first lateral inertial damper (see “FD” in figure 5A below), a second lateral inertial damper (see “SD” in figure 5A below), and at least one medial inertial damper (see “MD” in figure 5A below) between the first lateral inertial damper (see “FD” in figure 5A below) and the second lateral inertial damper (see “SD” in figure 5A below), and wherein the at least two coil retaining members comprise the first lateral inertial damper (see “FD” in figure 5A below) and the second lateral inertial damper (see “SD” in figure 5A below).
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Regarding claim 16, Carrez teaches wherein the first lateral inertial damper (see “FD” in figure 5A above) and the at least one medial inertial damper (see “MD” in figure 5A above) are separated by a first channel 9, wherein the second lateral inertial damper (see “SD” in figure 5A above) and the at least one medial inertial damper (see “MD” in figure 5A above) are separated by a second channel (10 or 7), and wherein the first channel 9 and the second channel (10 or 7) are configured such that the catheter tube is coilable (figure 7) around the at least one medial inertial damper (see “MD” in figure 5A above) through the first channel 9 and the second channel (10 or 7).
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) 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Carrez et al. (US 2007/0249980 A1) in view of Mogensen et al. (US 7,115,112 B2).
Regarding claims 17 and 18, Carrez discloses the claimed invention substantially as claimed, as set forth above in claims 1, 3, 8 and 15 above. Carrez further discloses the structure (figure 5) that allows retaining the catheter tube in the position (paragraph 0041, lines 5-6) but is silent regarding wherein the at least one medial insertial damper comprises a first medial inertial damper and a second medial inertial damper, wherein the first medial inertial damper and the second medial inertial damper are separated by a third channel, and wherein the first channel, the second channel, and the third channel are each configured such that the catheter tube is coilable around the first medial inertial damper and the second medial inertial damper through the first channel, the second channel and the third channel wherein the first channel, the second channel and the third channel are parallel.
However, Mogensen teaches a design of a catheter holder 10 (figure 4b) wherein the at least one medial insertial damper (see “MD” in figure 4a below) comprises a first medial inertial damper (see “FMD” in figure 4a below) and a second medial inertial damper (see “SMD” in figure 4a below), wherein the first medial inertial damper (see “FMD” in figure 4a below) and the second medial inertial damper (see “SMD” in figure 4a below) are separated by a third channel (channel occupied by element 24), and wherein the first channel (channel occupied by element 14), the second channel (see “SC” in figure 4a below), and the third channel (channel occupied by element 24) are each configured such that the catheter tube is coilable (see figure 4b) around the first medial inertial damper (see “FMD” in figure 4a below) and the second medial inertial damper (see “SMD” in figure 4a below) through the first channel (channel occupied by element 14), the second channel (see “SC” in figure 4a below) and the third channel (channel occupied by element 34) wherein the first channel (channel occupied by element 14), the second channel (see “SC” in figure 4a below) and the third channel (channel occupied by element 24) are parallel (see figure 4b) for the purpose of using an alternative configuration to securely hold the catheter tube in position (column 3, lines 27-37).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the arrangement of the inertial damper of Carrez to incorporate wherein the at least one medial insertial damper comprises a first medial inertial damper and a second medial inertial damper, wherein the first medial inertial damper and the second medial inertial damper are separated by a third channel, and wherein the first channel, the second channel, and the third channel are each configured such that the catheter tube is coilable around the first medial inertial damper and the second medial inertial damper through the first channel, the second channel and the third channel wherein the first channel, the second channel and the third channel are parallel as taught by Mogensen for the purpose of using an alternative configuration to securely hold the catheter tube in position (column 3, lines 27-37).
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Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Carrez et al. (US 2007/0249980 A1) in view of Fleischer (US 2010/0121280 A1).
Regarding claim 20, Carrez discloses the claimed invention substantially as claimed, as set forth above in claim 1. Carrez is silent regarding further comprising a clear dressing configured to cover the base, the at least one inertial damper and the slot.
However, Fleischer teaches a design of a catheter securement device (figure 1) comprising a clear dressing 5a (paragraph 0049, lines 6-8) configured to cover the base 5b, the at least one inertial damper 12 and the slot 11 for the purpose of covering the catheter securement device thereby reducing the risk of infection (paragraph 0043, lines 5-9) and to visually inspect the incision site without removing the securement device (paragraph 0049, lines 6-8).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the catheter securement device of Carrez to incorporate a clear dressing configured to cover the base, the at least one inertial damper and the slot as taught by Fleischer for the purpose of covering the catheter securement device thereby reducing the risk of infection (paragraph 0043, lines 5-9) and to visually inspect the incision site without removing the securement device (paragraph 0049, lines 6-8).
Allowable Subject Matter
Claim 19 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record, Carrez et al. (US 2007/0249980 A1) in view of Mogensen et al. (US 7,115,112 B2), fails to disclose wherein the slot intersects the third channel in combination with other claimed limitations of claim 19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jacobs (US 4,397,641): discloses the closes prior art of catheter support device with the catheter tube coming out of the slot and being coiled.
Scott et al. (US 5,316,246): discloses a design an intravenous tube holder with coiled tube holding capability.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NILAY J SHAH whose telephone number is (571)272-9689. The examiner can normally be reached Monday-Thursday 8:00 AM-4:30 PM 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, CHELSEA STINSON can be reached at 571-270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NILAY J SHAH/Primary Examiner, Art Unit 3783
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