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 .
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.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 14-16 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Powers (US 5,833,654).
Regarding claim 14, Powers teaches a subcutaneous port system (Fig. 3), comprising: a body 28 defining a proximal reservoir 30 and a recess 31; a reservoir insert 32 defining a distal reservoir 34 and configured to fit within the recess (Fig. 3); and a stem 36 including a first lumen 80 in fluid communication with the distal reservoir, and a second lumen 78 in fluid communication with the proximal reservoir (Fig. 6).
Regarding claim 15, Powers teaches the invention as discussed above and Powers further teaches a septum 38 disposed over one or both of the proximal reservoir and the distal reservoir (Fig. 3).
Regarding claim 16, Powers teaches the invention as discussed above and Powers further teaches a housing 42 disposed over one or both of the body and the septum and configured to secure the septum in place over one or both of the proximal reservoir and the distal reservoir.
Regarding claim 19, Powers teaches the invention as discussed above and Powers further teaches the recess includes a channel 142 disposed in a side wall thereof and extending circumferentially between a proximal conduit aperture, that communicates with the proximal reservoir, and the first stem lumen, the reservoir insert, disposed in the recess, co- ordinates with the channel to define a curved conduit providing fluid communication between the proximal reservoir and the second stem lumen (Fig. 6, Col. 8:59-9:5).
Allowable Subject Matter
Claim 1-13 are allowed.
The closest prior art is Linden (US 9,731,104). In Linden, the conduit runs under the distal reservoir to deliver fluid to the proximal reservoir. A needle guard products the conduit. It is also under the distal reservoir. Thus, Linden doesn’t teach “a proximal reservoir disposed adjacent the distal reservoir and in fluid communication with a conduit extending through the distal reservoir to provide fluid communication with the second stem lumen” and “a needle guard extending over the distal reservoir.”
Claims 17, 18 and 20 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. These claims also include a conduit extending through the distal reservoir.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID OLYNICK whose telephone number is (571)272-2355. The examiner can normally be reached M-F: 7:30 am-5 pm (ET).
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/DAVID P. OLYNICK/Primary Examiner, Art Unit 3741