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 .
Status of Claims
This office action is responsive to the amendment filed 31 July 2026.
Claims 9-21 are withdrawn.
Claims 1-8 are presently pending in this application.
Election/Restrictions
Applicant’s election without traverse of claims 1-8 in the reply filed on 31 July 2026 is acknowledged.
Claims 9-21 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 31 July 2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “110” has been used to designate both “the ridge” and “the stem” (para. 0037). 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 § 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.
Claims 1-5, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Fedor et al. (US Patent Publication No. 20190232035 A1), hereinafter Fedor, in view of Powers et al. (US Patent Publication No. 20110098653 A1), hereinafter Powers.
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Regarding claim 1, Fedor discloses a stem (Fedor: Fig. 1E, second portion 12B) for providing fluid communication between an access port (Fig. 1E, port 10) and a catheter (catheter fitted over stem; para. 0016), the stem (12B) comprising: an elongate body (Fig. 1E, second portion 12B is shown to be elongate) defining a body lumen (Fig. 1E, cavity 20A), a distal opening (Fig. 1E above, distal opening diameter d1) of the body lumen (20A) having a first diameter (Fig. 1E above, diameter d1); and a tip structure (Fig. 1E, stem 24) extending distally from the distal opening (Fig. 1E, stem 24 extends distally from cavity 20A) and comprising: a tip lumen (Fig. 1E above, tip lumen diameter d2) having a second diameter (Fig. 1E above, diameter d2) smaller than the first diameter (Fig. 1E above, d2 is shown to be smaller than d1).
Fedor does not expressly disclose a plurality of slots extending from a distal end of the tip structure to the distal opening of the body lumen.
Powers teaches a plurality of slots (Powers: Fig. 13, slots between panels 246) extending from a distal end of a tip structure (Fig. 13, insert portion 244) to the distal opening of a body lumen (Fig. 13, panels 246 extend from the tip of insert portion 244 to the distal end of connector member 240).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stem of Fedor such that it comprised a plurality of slots extending from a distal end of the tip structure to the distal opening of the body lumen as taught by Powers in order to allow for inward flexing of the stem and, thus, creating a compressive seal on the catheter (Powers: para. 0054).
Regarding claim 2, Fedor in view of Powers discloses the stem above.
Fedor does not expressly disclose the plurality of slots define a plurality of fingers.
Powers teaches a plurality of slots define a plurality of fingers (Powers: Fig. 13, panels 246).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stem of Fedor such that the plurality of slots define a plurality of fingers as taught by Powers in order to allow for inward flexing of the stem and, thus, creating a compressive seal on the catheter (Powers: para. 0054).
Regarding claim 3, Fedor in view of Powers discloses the stem above.
Fedor does not expressly disclose the plurality of fingers taper from a first wall thickness at a proximal end to a second wall thickness, less than the first wall thickness, at a distal end.
Powers teaches the plurality of fingers (Powers: 246) taper from a first wall thickness at a proximal end (Fig. 13, proximal end of panels 246) to a second wall thickness (Fig. 13, distal end of panels 246), less than the first wall thickness, at a distal end (Fig. 13, distal end of panels 246 has a smaller thickness than that of the proximal end).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stem of Fedor such that the plurality of fingers taper from a first wall thickness at a proximal end to a second wall thickness, less than the first wall thickness, at a distal end as taught by Powers in order to allow for inward flexing of the stem and, thus, creating a compressive seal on the catheter (Powers: para. 0054).
Regarding claim 4, Fedor in view of Powers discloses the stem above, wherein the tip structure (24) comprises an outer surface that tapers distally from a first larger diameter (Fig. 1E above, first larger diameter d3) to a second smaller diameter (Fig. 1E above, second smaller diameter d4).
Regarding claim 5, Fedor in view of Powers discloses the stem above, wherein the elongate body (12E) comprises a circumferential ridge (Fig. 1E, defined by diameter d3) disposed along an outer surface of the elongate body (12E).
Regarding claim 7, Fedor in view of Powers discloses the stem above.
Fedor does not disclose the slot extends through an arc distance of less than 350 degrees.
Powers teaches a slot extends through an arc distance of less than 350 degrees (Fig. 13, the slots defined by panels 246 are shown to have an arc distance of less than 350 degrees).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stem of Fedor such that the slot extends through an arc distance of less than 350 degrees as taught by Powers in order to allow for inward flexing of the stem and, thus, creating a compressive seal on the catheter (Powers: para. 0054).
Regarding claim 7, Fedor in view of Powers discloses the stem above.
Fedor does not expressly disclose a finger of the plurality of fingers extends radially through an arc distance of less than 350 degrees.
Powers teaches a finger (246) of the plurality of fingers (246) extends radially through an arc distance of less than 350 degrees (Fig. 13, the panels 246 are shown to extend radially of an arc distance of less than 350 degrees).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stem of Fedor such that a finger of the plurality of fingers extends radially through an arc distance of less than 350 degrees as taught by Powers in order to allow for inward flexing of the stem and, thus, creating a compressive seal on the catheter (Powers: para. 0054).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Fedor in view of Powers, in further view of Gailey et al. (US Patent No. 6113572 A), hereinafter Gailey.
Regarding claim 6, Fedor in view of Powers discloses the stem above, but does not expressly disclose the stem is coupled to the access port with one of an interference fit, press-fit, or snap-fit engagement.
Gailey teaches a stem (Gailey: Fig. 2, stem 34) is coupled to an access port (Fig. 2, access port 16) with one of an interference fit, press-fit, or snap-fit engagement (press fit; col 10 ln 49-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stem of Fedor in view of Powers such that the stem is coupled to the access port with one of an interference fit, press-fit, or snap-fit engagement as taught by Gailey in order to allow the stem to be connected to the access port and to be separately made from an alternative material such as rigid elements (Gailey: col 10 ln 49-60).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEI GONZALEZ whose telephone number is (703)756-5908. The examiner can normally be reached 7:30am - 4:00pm (CT).
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/LEI GONZALEZ/Examiner, Art Unit 3783
/SCOTT J MEDWAY/Primary Examiner, Art Unit 3783
