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
Claims 2-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/19/2025.
Applicant’s election without traverse of Species II (Figures 5-10) in the reply filed on 12/19/2025 is acknowledged. After a communication with Applicant representative, Todd W. Wight, it was confirmed on 12/31/2025 that Species II (Figures 5-10) was the elected species for examination.
Information Disclosure Statement
Applicant should note that the large number of references in the attached IDS(s) have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is invited to point out any particular reference(s) in the IDS that they believe may be of particular relevance to the instant claimed invention in response to this Office Action. See also MPEP 2004, example 13, it is desirable to avoid the submission of long lists of documents if it can be avoided. If a long list is submitted, highlight those documents which have been specifically brought to applicant’s attention and/or are known to be of most significance. See Penn Yan Boats, Inc. v. Sea Lark Boats, Inc., 359 F. Supp. 948, 175 USPQ 260 (S.D. Fla. 1972), aff ’d, 479 F.2d 1338, 178 USPQ 577 (5th Cir. 1973), cert. denied, 414 U.S. 874 (1974). But cf. Molins PLC v. Textron Inc., 48 F.3d 1172, 33 USPQ2d 1823 (Fed. Cir. 1995).
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.
Claims 1 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murray (12,383,700).
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Claim 1
Murray discloses an intermittent-catheter system, comprising an intermittent-catheter assembly (60) including an intermittent catheter including a catheter tube (12) and a connecting funnel (22) over a proximal end portion of the catheter tube for draining urine from the intermittent catheter (see column 6 lines 27-29); a distal end piece (34) slidably disposed over a distal end portion of the catheter tube (see column 3 lines 55-56); and a storage sheath (18) between the connecting funnel and the distal end piece, a combination of the connecting funnel, the distal end piece, and the storage sheath configured to enclose an entirety of the catheter tube therein (see figure 10); and a drainage bag (62) including a connecting spout (68) connected to the connecting funnel of the intermittent catheter in at least an unused state of the intermittent-catheter system (see figure 10 and column 6 lines 32-37).
Claim 14
Murray further discloses the connecting funnel is connected to the distal end piece of the intermittent-catheter assembly in an end-to-end connection through a first arm of the connecting funnel, and the connecting funnel of the intermittent catheter is also connected to the connecting spout of the drainage bag through a second arm of the connecting funnel (see figure above).
Claim 15
Murray further discloses wherein the distal end piece of the intermittent-catheter assembly includes a first male fitting (defined by introducer 34) extending from the distal end piece, and the first arm of the connecting funnel includes a first female fitting (defined by end portion of the funnel 22) within the first arm capable/configured to receive the first male fitting (see figure 8).
Claim 16
Murray further discloses wherein the first arm of the connecting funnel includes a first fluid seal disposed within the first female fitting of the first arm, the first fluid seal capable/configured to accept the first male fitting of the distal end piece therethrough (see column 4 lines 27-30 and figure 8).
Claim 17
Murray further discloses the end-to-end connection between the first arm of the connecting funnel and the distal end piece of the intermittent-catheter assembly is configured to maintain sterility of the catheter tube of the intermittent catheter within the combination of the connecting funnel, the distal end piece, and the storage sheath in at least the unused state of the intermittent-catheter system (see column 1 lines 64-67 and column 2 lines 1-20).
Claim 18
Murray further discloses the end-to-end connection between the first arm of the connecting funnel and the distal end piece of the intermittent-catheter assembly is configured to prevent residual urine in the intermittent catheter from leaking from the intermittent catheter in a used state of the intermittent-catheter system. Murray discloses end of the funnel (22), provided with a liquid tight seal (see column 4 lines 27-30), therefore is configured to prevent leakage of urine residual
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 23 is rejected under 35 U.S.C. 103 as being unpatentable over Murray (12,383,700) as applied to claim 1 above, and further in view of Yang (CN 2532840).
Murray does not disclose the drainage bag is in a compact rolled form in at least the unused state of the intermittent-catheter system. However, Yang discloses rolling up drainage bags is a known practice for reducing size (see abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Murray having the drainage bag rolled up, in the unused state, as taught by Yang for reducing the size of the bag when in storage.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Murray (12,383,700) as applied to claim 1 above, and further in view of Steer (4,496,354).
Murray does not disclose the drainage bag is in a compact bellowed form in at least the unused state of the intermittent-catheter system. However, Steer discloses a drainage bag comprising first wall (10) and second wall (12) (see column 2 lines 62-65), wherein the second wall comprises bellows for achieving internal expansion (see column 4 lines 6-9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the drainage bag of Murray having bellows form as taught by Steer for maximizing the internal space of the bag when expanded.
Allowable Subject Matter
Claims 19-22 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736