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 statement (IDS) submitted on 6/26/24 is in compliance with the provisions of 37 CFR 1.97(b). Accordingly, the IDS is being considered by the Examiner.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zinn et al. (US 2007/0219510) (“Zinn”). Zinn discloses:
An implantable vascular access port (see abstract, Fig. 8, [0031]), comprising: a port body 102 having a lower or floor wall 102b, an upper wall 102a substantially parallel thereto and at least one sidewall extending 108,170 between said upper wall and said lower or floor wall, said port body having at least one internal chamber 118, said port body having at least one outlet aperture 116a,b,162 formed in said at least one sidewall thereof in communication with said at least one internal chamber, said port body being formed opposite said at least one outlet aperture with at least one lateral access aperture 172 defining a straight-line- access path or direction to said at least one outlet aperture 162 through said at least one internal chamber, said main port body being formed in said upper wall with at least one top access aperture 136 defining a perpendicular- or vertical-access path or direction substantially perpendicular to said upper wall and said lower or floor wall;
at least one first septum 174 attached to said port body and covering or closing said at least one lateral access aperture;
at least one second septum 134 attached to said port body and covering or closing said at least one top access aperture, said at least one first septum and said at least one second septum being made of self- sealing penetrable material designed for repeated piercing by access needles [0004,0032]; and
at least one hollow outlet tube attached to the main port body and in fluid communication with said at least one internal chamber and said at least one outlet aperture.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANNA K HALL whose telephone number is (571)272-2819. The examiner can normally be reached M-F 8:30am- 4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at 571-272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEANNA K HALL/Primary Examiner, Art Unit 3783
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