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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 46, 49-54, 57-60, 62, 63 and 65 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 2, 7, 9 and 10 of Cornet ‘883; Douglas A. et al. (US 9474883 B2).
Regarding pending claim 46, Cornet ‘883 claims substantially all limitations in patented claims 1, 9 and 10, namely a system for manipulating fluid at a tissue site (claim 1, A drainage system for draining fluid from a tissue site);
the system comprising: a tube (claim 1, a drainage tube); and
a manifold attached to the tube and including: a plurality of members (claim 1, a drainage manifold having a longitudinal axis, and comprising … a plurality of elongate members each having a first end, a second end, and an outer wall);
each member comprising a lumen in fluid communication with the tube, an outer wall (claim 1, an inner lumen of the elongate member);
an opening disposed through the outer wall into the lumen (claim 1, at least one opening … between an inner lumen of the elongate member and the outer wall of the elongate member); and
one or more longitudinal ducts extending along a length of the member and in fluid communication with the tube (claim 1, a longitudinal duct positioned on the outer wall and between the first end and the second end); and
at least one web configured to hold the plurality of members in a gathered position such that the plurality of members are adjacent each other (claim 10, the drainage manifold further comprising a plurality of sacrificial webs … releasingly secured between the elongate members when the first end of each of the elongate members is in the gathered position);
wherein the opening and the web extend over a common length of each member (claim 9, wherein the at least one opening is a longitudinal channel positioned between the first end and the second end of the elongate member).
Cornet ‘883 does not explicitly claim that moving the plurality of members causes the at least one web to sever. However, Cornet ‘883 claims a plurality of sacrificial webs (claim 10, the drainage manifold further comprising a plurality of sacrificial webs positioned circumferentially about the longitudinal axis of the drainage manifold and releasingly secured between the elongate members when the first end of each of the elongate members is in the gathered position). This implies that the web will sever when the plurality of members move from the gathered position to a dispersed position.
Regarding pending claim 53, Cornet ‘883 claims all limitations in patented claims 1 and 10, namely a system for manipulating fluid at a tissue site (claim 1, A drainage system for draining fluid from a tissue site);
the system comprising: a tube (claim 1, a drainage tube); and
a manifold attached to the tube (claim 1, a drainage manifold); and
including: a plurality of members (claim 1, a drainage manifold having a longitudinal axis, and comprising … a plurality of elongate members);
each member comprising a lumen in fluid communication with the tube, an outer wall (claim 1, a plurality of elongate members each having … an outer wall … an inner lumen of the elongate member);
an opening disposed through the outer wall and into the lumen (claim 1, at least one opening disposed through the outer wall of the elongate member); and
a longitudinal duct extending along a length of the member and in fluid communication with the tube (claim 1, a longitudinal duct positioned on the outer wall and between the first end and the second end … a drainage tube … in fluid communication with the drainage manifold and the longitudinal duct of each of the elongate members);
wherein each longitudinal duct is defined by a radially-outer surface of the outer wall of the member (claim 1, a longitudinal duct positioned on the outer wall); and
at least one web configured to hold the plurality of members in a gathered position such that the plurality of members are adjacent each other (claim 10, the drainage manifold further comprising a plurality of sacrificial webs … when the first end of each of the elongate members is in the gathered position); and
a transitional connector having a first end and an opposing second end, the first end coupled to the manifold; wherein the tube is coupled to the second end of the transitional connector (claim 1, a transitional connector … the first end coupled to the drainage manifold; and a drainage tube coupled to the second end of the transitional connector).
Cornet ‘883 does not explicitly claim that moving the plurality of members causes the at least one web to sever. However, Cornet ‘883 claims a plurality of sacrificial webs that are releasingly secured (claim 10).
Cornet ‘883 does not explicitly claim two longitudinal ducts. However, this feature appears to be a duplication of parts. A skilled artisan would have been able to duplicate Cornet ‘883’s duct by arranging plural ducts on each elongate member, in order to drain fluid through multiple paths along the elongate members’ surfaces.
Regarding pending claim 60, Cornet ‘883 claims all limitations in patented claims 1, 2, 7 and 10, namely a system for manipulating fluid at a tissue site (claim 1, A drainage system for draining fluid from a tissue site);
the method comprising: coupling a manifold to an external device operable to manipulate fluid in communication with the manifold (claim 1, a drainage manifold; claim 2, further comprising a reduced-pressure source fluidly coupled to the drainage tube and adapted to provide a reduced pressure to the drainage manifold);
the manifold including: a plurality of members (claim 1, a drainage manifold … a plurality of elongate members);
each member comprising a lumen, an outer wall (claim 1, a plurality of elongate members each having a first end, a second end, and an outer wall); and
an opening disposed through the outer wall and into the lumen (claim 1, at least one opening disposed through the outer wall of the elongate member to provide fluid communication between an inner lumen of the elongate member and the outer wall of the elongate member); and
one or more longitudinal ducts defined by a radially-outer surface of the outer wall of the member and extending along a length of the member (claim 1, a longitudinal duct positioned on the outer wall and between the first end and the second end); and
the manifold having at least one web holding the plurality of members in a gathered position (claim 7, the drainage manifold further comprising a plurality of sacrificial webs … releasably secure the elongate member about the elongate support when the first end of the elongate member is in the gathered position);
coupling a first end of a transitional connector to the manifold (claim 1, a transitional connector … the first end coupled to the drainage manifold;);
coupling a second end of the transitional connector to a tube, such that the tube is in fluid communication with the lumen and with the one or more longitudinal ducts of each member (claim 1, a drainage tube coupled to the second end of the transitional connector and in fluid communication with the drainage manifold and the longitudinal duct of each of the elongate members); and
severing the at least one web by moving the plurality of members from the gathered position to a dispersed position such that the plurality of members are further apart from each other than in the gathered position (claim 10, a plurality of sacrificial webs … releasingly secured between the elongate members when the first end of each of the elongate members is in the gathered position).
Cornet ‘883 does not explicitly claim a method of preparing a system. However, Cornet ‘883 claims all the physical structures and functions of this claim. The claimed steps consist of coupling various components or severing the web, which will occur during routine use of Cornet ‘883’s drain.
Regarding pending claims 52 and 62, Cornet ‘883 does not explicitly claim that the members each have exactly two longitudinal ducts. However, this feature appears to be a duplication of parts. A skilled artisan would have been able to duplicate Cornet ‘883’s duct by arranging plural ducts on each elongate member, in order to drain fluid through multiple paths along the elongate members’ surfaces.
Regarding pending claims 57 and 58, Cornet ‘883 does not explicitly claim that the at least one web extends along a longitudinal length of each member or that the manifold is configured such that the at least one web has a weakest severing strength relative to other portions of the manifold. However, Cornet ‘883 claims that the webs are sacrificial webs (claims 7, 10) and that the webs releasably secure the elongate member about an elongate support in the gathered position (claims 7, 10). This suggests that the webs extend along the length of each member and that the webs present the weakest bond between each elongate member and other portions of the manifold.
Regarding pending claim 65, Cornet ‘883 does not explicitly claim that the dispersed position has a multi-dimensional shape. However, Cornet ‘883 claims a gathered position where the elongate members are held together (claim 1, wherein when the first end of each of the elongate members is in the gathered position, each elongate member is releasably secured longitudinally and circumferentially about the external surface of the elongate support). Compared to the gathered position, the elongate members will diverge or splay from each other after the webs have been severed.
Regarding pending claims 49-51, 54, 59 and 63, Cornet ‘883 claims all limitations in patented claims 1 and 7 as shown in table 1.
Table 1: Cornet ‘883
double patenting
Pending claim
Cornet ‘883
Pending claim
Cornet ‘883
49
1
54
1, 7
50
1
59
1
51
1
63
1
Claims 46, 49-54, 57-60, 62, 63 and 65 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-5, 10, 12 and 20 of Cornet ‘901; Douglas A. et al. (US 10342901 B2).
Regarding pending claim 46, Cornet ‘901 claims all limitations in patented claims 1, 3, 4 and 20, namely a system for manipulating fluid at a tissue site (claim 1, A drainage system for draining fluid from a tissue site);
the system comprising: a tube (claim 4, further comprising a drainage tube in fluid communication with the inner lumen of each of the elongate members); and
a manifold attached to the tube and including: a plurality of members (claim 1, a drainage manifold comprising … a plurality of elongate members);
each member comprising a lumen in fluid communication with the tube, an outer wall; an opening disposed through the outer wall into the lumen (claim 1, a plurality of elongate members each having … an outer wall … each of the elongate members further comprising: an inner lumen; and an opening disposed through the outer wall); and
one or more longitudinal ducts extending along a length of the member and in fluid communication with the tube (claim 20, wherein each of the elongate members further comprises a longitudinal duct positioned on the outer wall and between the first end and the second end of the elongate member); and
at least one web configured to hold the plurality of members in a gathered position such that the plurality of members are adjacent each other; wherein the opening and the web extend over a common length of each member (claim 3, further comprising a plurality of sacrificial webs, at least one of the sacrificial webs being positioned between the elongate member and the elongate support to releasably secure the elongate member about the elongate support when the first end of the elongate member is in the gathered position).
Cornet ‘901 does not explicitly claim that moving the members from the gathered position to a dispersed position severs the web. However, Cornet ‘901 claims that the web is a sacrificial web that releasably secures the elongate member (claim 3, further comprising a plurality of sacrificial webs, … positioned between the elongate member and the elongate support to releasably secure the elongate member about the elongate support when the first end of the elongate member is in the gathered position). This implies that the webs sever when the elongate members move away from their gathered position.
Regarding pending claim 53, Cornet ‘901 claims all limitations in patented claims 1, 3, 4, 10, 12 and 20, namely a system for manipulating fluid at a tissue site (claim 1, A drainage system for draining fluid from a tissue site);
the system comprising: a tube (claim 4, further comprising a drainage tube); and
a manifold attached to the tube and including: a plurality of members (claim 1, a drainage manifold comprising … a plurality of elongate members);
each member comprising a lumen in fluid communication with the tube, an outer wall; an opening disposed through the outer wall and into the lumen (claim 1, each of the elongate members further comprising: an inner lumen; and an opening disposed through the outer wall, the opening providing fluid communication between the inner lumen of the elongate member and the outer wall of the elongate member); and
a longitudinal duct extending along a length of the member and in fluid communication with the tube; wherein the longitudinal duct is defined by a radially-outer surface of the outer wall of the member (claim 20, wherein each of the elongate members further comprises a longitudinal duct positioned on the outer wall and between the first end and the second end of the elongate member); and
at least one web configured to hold the plurality of members in a gathered position such that the plurality of members are adjacent each other (claim 3, further comprising a plurality of sacrificial webs … between the elongate member and the elongate support to releasably secure the elongate member about the elongate support when the first end of the elongate member is in the gathered position); and
a transitional connector having a first end and an opposing second end, the first end coupled to the manifold (claim 10, further comprising a transitional connector having a first end coupled to the drainage manifold);
wherein the tube is coupled to the second end of the transitional connector (claim 12, wherein the second end of each of the elongate members is coupled to an internal surface of the transitional connector at the first end of the transitional connector).
Cornet ‘901 does not explicitly claim two longitudinal ducts. However, this feature is interpreted as a duplication of parts. Cornet ‘901’s duct can be duplicated by arranging a pair of ducts in parallel along each elongate member.
Cornet ‘901 does not explicitly claim that moving the members from the gathered position to a dispersed position severs the web. However, Cornet ‘901 claims that the web is a sacrificial web that releasably secures the elongate member (claim 3).
Regarding pending claim 60, Cornet ‘901 claims all limitations in patented claims 1, 3, 5, 10, 12 and 20, namely a system for manipulating fluid at a tissue site (claim 1, A drainage system for draining fluid from a tissue site);
comprising: coupling a manifold to an external device operable to manipulate fluid in communication with the manifold (claim 1, a drainage manifold; claim 5, a reduced-pressure source fluidly coupled to the drainage tube and adapted to provide a reduced pressure to the drainage manifold);
the manifold including: a plurality of members (claim 1, a drainage manifold comprising … a plurality of elongate members);
each member comprising a lumen, an outer wall; and an opening disposed through the outer wall and into the lumen (claim 1, a plurality of elongate members each having … an outer wall … each of the elongate members further comprising: an inner lumen; and an opening disposed through the outer wall); and
one or more longitudinal ducts defined by a radially-outer surface of the outer wall of the member and extending along a length of the member (claim 20, wherein each of the elongate members further comprises a longitudinal duct positioned on the outer wall and between the first end and the second end of the elongate member); and
the manifold having at least one web holding the plurality of members in a gathered position (claim 3, further comprising a plurality of sacrificial webs, at least one of the sacrificial webs being positioned between the elongate member and the elongate support to releasably secure the elongate member about the elongate support when the first end of the elongate member is in the gathered position);
coupling a first end of a transitional connector to the manifold (claim 10, further comprising a transitional connector having a first end coupled to the drainage manifold);
a tube in fluid communication with the lumen and with the one or more longitudinal ducts of each member (claim 5, further comprising a drainage tube in fluid communication with the inner lumen of each of the elongate members and a reduced-pressure source fluidly coupled to the drainage tube and adapted to provide a reduced pressure to the drainage manifold); and
severing the at least one web by moving the plurality of members from the gathered position to a dispersed position such that the plurality of members are further apart from each other than in the gathered position (claim 3, further comprising a plurality of sacrificial webs, at least one of the sacrificial webs being positioned between the elongate member and the elongate support to releasably secure the elongate member about the elongate support when the first end of the elongate member is in the gathered position).
Cornet ‘901 does not explicitly couple a second end of the transitional connector to a tube. However, Cornet ‘901 claims that the drainage tube communicates with each elongate members and a reduced-pressure source, and that the elongate members are coupled to an internal surface of the transitional connector (claim 5, further comprising a drainage tube in fluid communication with the inner lumen of each of the elongate members and a reduced-pressure source fluidly coupled to the drainage tube and adapted to provide a reduced pressure to the drainage manifold; claim 12, wherein the second end of each of the elongate members is coupled to an internal surface of the transitional connector at the first end of the transitional connector). This suggests that the second end of the transitional connector connects to a tube, in order to couple the transitional connector between the reduced pressure source and the tube.
Cornet ‘901 does not explicitly claim a method of preparing a system for manipulating fluid at a tissue site. However, Cornet ‘901 claims all the physical structures and functions of this claim. The claimed steps consist of coupling various components or severing the web, which will occur during routine use of Cornet ‘901’s drain.
Regarding pending claims 49-51, 54, 59 and 63, Cornet ‘901 claims all limitations in patented claims 1, 2, 4 and 20 as shown in table 2.
Table 2: Cornet ‘901
double patenting
Pending claim
Cornet ‘901
Pending claim
Cornet ‘901
49
20
54
1, 4
50
1
59
2
51
2
63
2
Regarding pending claims 52 and 62, Cornet ‘901 does not explicitly claim that the members each have exactly two longitudinal ducts. However, this feature appears to be a duplication of parts. A skilled artisan would have been able to duplicate Cornet ‘901’s duct by arranging plural ducts on each elongate member, in order to drain fluid through multiple paths along the elongate members’ surfaces.
Regarding pending claims 57 and 58, Cornet ‘901 does not explicitly claim that the at least one web extends along a longitudinal length of each member or that the manifold is configured such that the at least one web has a weakest severing strength relative to other portions of the manifold. However, Cornet ‘901 claims that the webs are sacrificial webs (claims 3, 4) and that the webs releasably secure the elongate member about an elongate support in the gathered position (claims 3, 4). This suggests that the webs extend along the length of each member and that the webs present the weakest bond between each elongate member and other portions of the manifold.
Regarding pending claim 65, Cornet ‘901 does not explicitly claim that the dispersed position has a multi-dimensional shape. However, Cornet ‘901 claims a gathered position where the elongate members are held together (claim 3., further comprising a plurality of sacrificial webs, at least one of the sacrificial webs being positioned between the elongate member and the elongate support to releasably secure the elongate member about the elongate support when the first end of the elongate member is in the gathered position). Compared to the gathered position, the elongate members will diverge or splay from each other after the webs have been severed.
Claims 46, 49-54, 57-60, 62, 63 and 65 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 3, 7, 8, 10, 12 and 13 of Cornet ‘300; Douglas A. et al. (US 10543300 B2).
Regarding pending claim 46, Cornet ‘300 claims all limitations in patented claims 1, 3, 7 and 10, namely a system for manipulating fluid at a tissue site (claim 1, A drainage system for draining fluid from a tissue site);
the system comprising: a tube (claim 1, a drainage tube); and
a manifold attached to the tube and including: a plurality of members (claim 1, a drainage manifold comprising: a plurality of members);
each member comprising a lumen in fluid communication with the tube, an outer wall (claim 1, each member comprising: a lumen; claim 7, the drainage tube is in fluid communication with the lumen of each member and a lumen of the support);
an opening disposed through the outer wall into the lumen (claim 1, a longitudinal opening disposed through the outer wall and extending from the first end of the member to the second end of the member); and
one or more longitudinal ducts extending along a length of the member and in fluid communication with the tube (claim 10, a longitudinal opening or longitudinal duct that extends from the first end of the member to the second end of the member disposed through the outer wall); and
at least one web configured to hold the plurality of members in a gathered position such that the plurality of members are adjacent each other (claim 3, further comprising: a web positioned between each member and the support, the web configured to releasably secure the member to the support when the first end of the member is in the gathered position,);
wherein the opening and the web extend over a common length of each member (claim 1, a longitudinal opening disposed through the outer wall and extending from the first end of the member to the second end of the member);
wherein moving the plurality of members from the gathered position to a dispersed position, such that the plurality of members are further apart from each other than in the gathered position, causes the at least one web to sever (claim 3, wherein each web is severable upon application of a pulling force).
Regarding pending claim 53, Cornet ‘300 claims all limitations in patented claims 1, 3, 7 and 10, namely a system for manipulating fluid at a tissue site (claim 1, A drainage system for draining fluid from a tissue site);
the system comprising: a tube (claim 1, a drainage tube;); and
a manifold attached to the tube and including: a plurality of members (claim 1, a drainage manifold comprising: a plurality of members each connected to a support positioned on a longitudinal axis of the drainage manifold);
each member comprising a lumen in fluid communication with the tube, an outer wall (claim 1, each member comprising: a lumen … an outer wall,);
an opening disposed through the outer wall and into the lumen (claim 1, a longitudinal opening disposed through the outer wall and extending from the first end of the member to the second end of the member); and
a longitudinal duct extending along a length of the member and in fluid communication with the tube; wherein the longitudinal duct is defined by a radially-outer surface of the outer wall of the member (claim 10, a longitudinal opening or longitudinal duct that extends from the first end of the member to the second end of the member disposed through the outer wall); and
at least one web configured to hold the plurality of members in a gathered position such that the plurality of members are adjacent each other (claim 3, further comprising: a web positioned between each member and the support, the web configured to releasably secure the member to the support when the first end of the member is in the gathered position); and
a transitional connector having a first end and an opposing second end, the first end coupled to the manifold; wherein the tube is coupled to the second end of the transitional connector (claim 7, further comprising: a transitional connector having a first end and an opposing second end, the first end coupled to the drainage manifold, wherein the drainage tube is coupled to the first end of the transitional connector, and the drainage tube is in fluid communication with the lumen of each member and a lumen of the support);
wherein moving the plurality of members from the gathered position to a dispersed position, such that the plurality of members are further apart from each other than in the gathered position, causes the at least one web to sever (claim 3, further comprising: a web positioned between each member and the support, the web configured to releasably secure the member to the support when the first end of the member is in the gathered position, wherein each web is severable upon application of a pulling force).
Cornet ‘300 does not explicitly claim two longitudinal ducts. However, this feature appears to be a duplication of parts. A skilled artisan would have been able to duplicate Cornet ‘300’s duct by arranging plural ducts on each elongate member, in order to drain fluid through multiple paths along the elongate members’ surfaces.
Regarding pending claim 60, Cornet ‘300 claims all limitations in patented claims 7, 10, 12 and 13, namely a method of preparing a system for manipulating fluid at a tissue site (claim 10, A method of removing fluid from a target site);
the method comprising: coupling a manifold to an external device operable to manipulate fluid in communication with the manifold (claim 10, coupling a drainage manifold to a reduced pressure source);
the manifold including: a plurality of members each member comprising a lumen, an outer wall (claim 10, the drainage manifold comprising: a plurality of members … each member comprising: a lumen … and an outer wall); and
an opening disposed through the outer wall and into the lumen (claim 10, a longitudinal opening or longitudinal duct that extends from the first end of the member to the second end of the member disposed through the outer wall); and
one or more longitudinal ducts defined by a radially-outer surface of the outer wall of the member and extending along a length of the member (claim 10, a longitudinal opening or longitudinal duct that extends from the first end of the member to the second end of the member disposed through the outer wall; claim 13, further comprising: providing, for each member, fluid communication between the lumen and the outer wall, via the longitudinal opening or the longitudinal duct); and
the manifold having at least one web holding the plurality of members in a gathered position (claim 12, further comprising: severing a web positioned between the support and a member of the plurality of members to move the member from the gathered position to the dispersed position);
coupling a first end of a transitional connector to the manifold; coupling a second end of the transitional connector to a tube, such that the tube is in fluid communication with the lumen and with the one or more longitudinal ducts of each member (claim 7, further comprising: a transitional connector having a first end and an opposing second end, the first end coupled to the drainage manifold, wherein the drainage tube is coupled to the first end of the transitional connector, and the drainage tube is in fluid communication with the lumen of each member and a lumen of the support); and
severing the at least one web by moving the plurality of members from the gathered position to a dispersed position such that the plurality of members are further apart from each other than in the gathered position (claim 12, further comprising: severing a web positioned between the support and a member of the plurality of members to move the member from the gathered position to the dispersed position).
Regarding pending claims 49-51, 54, 59 and 63, Cornet ‘300 claims all limitations in patented claims 1, 3, 8, 10 and 13 as shown in table 3.
Table 3: Cornet ‘300
double patenting
Pending claim
Cornet ‘300
Pending claim
Cornet ‘300
49
10, 13
54
1, 3
50
1
59
8
51
8
63
8
Regarding pending claims 52 and 62, Cornet ‘300 does not explicitly claim that the members each have exactly two longitudinal ducts. However, this feature appears to be a duplication of parts. A skilled artisan would have been able to duplicate Cornet ‘300’s duct by arranging plural ducts on each elongate member, in order to drain fluid through multiple paths along the elongate members’ surfaces.
Regarding pending claims 57 and 58, Cornet ‘300 does not explicitly claim that the at least one web extends along a longitudinal length of each member or that the manifold is configured such that the at least one web has a weakest severing strength relative to other portions of the manifold. However, Cornet ‘300 claims that the webs are configured to sever upon applying a pulling force (claim 3) and that the webs releasably secure the elongate member about an elongate support in the gathered position (claims 3, 5). This suggests that the webs extend along the length of each member and that the webs present the weakest bond between each elongate member and other portions of the manifold.
Regarding pending claim 65, Cornet ‘300 does not explicitly claim that the dispersed position has a multi-dimensional shape. However, Cornet ‘300 claims a gathered position where the elongate members are held together (claim 3, further comprising: a web positioned between each member and the support, the web configured to releasably secure the member to the support when the first end of the member is in the gathered position, wherein each web is severable upon application of a pulling force). Compared to the gathered position, the elongate members will diverge or splay from each other after the webs have been severed.
Allowable Subject Matter
Claims 47-48, 55-56, 61 and 64 are 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.
Alternatively, the double patenting rejections may be overcome by a timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d).
Conclusion
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/Adam Marcetich/
Primary Examiner, Art Unit 3781