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 .
Claims 1-20 are examined in this office action.
Claim Rejections - 35 USC § 103
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 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(s) 1, 2, 3, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo et al. (US Pub No. 20200345988 A1) in view of Doiron (US Patent No. 8,336,917 B2).
Regarding claim 1, Kuo in view of Doiron discloses a system of medical indicators (Kuo, pipeline collector 100, Fig. 1) comprising:
a set of indicator tags (Kuo, bundling member 10, Fig. 1),
wherein each of the indicator tags comprises:
a body (Kuo, bundling body 11, Fig. 1) having a first end (Kuo, first top edge, 12, Fig. 1), a second end opposite the first end (Kuo, second top edge 13, Fig. 1), a first surface extending from the first end to the second end (Kuo, See annotated Fig. 1), and an aperture (Kuo, first accommodation area 14, Fig. 1) extending from the first end to the second end (Kuo, "… a first accommodation area 14 which … penetrates through the first top edge 12 as well as the second top edge 13." - Para [0021]),
wherein the aperture is sized and shaped to receive an infusion tube (Kuo, "… hoses 900 are constrained after being disposed in the first accommodation area 14 …" - Para [0021]), a first plurality of identifying characteristics that are indicative of a category of therapy (Kuo, third group of icons 22, Fig. 3),
a second plurality of identifying characteristics that are indicative of a specific therapy within the category of therapy (Kuo, name of a medication 63, frequency of use 64, Fig. 4),
wherein the set of indicator tags comprises:
a first indicator tag (Kuo, bundling member 10, See annotated Fig. 5)
a second indicator tag (Kuo, bundling member 10, See annotated Fig. 5)
a third indicator tag (Kuo, bundling member 10, See annotated Fig. 5)
a fourth indicator tag (Kuo, bundling member 10, See annotated Fig. 5)
PNG
media_image1.png
604
502
media_image1.png
Greyscale
PNG
media_image2.png
604
502
media_image2.png
Greyscale
Kuo does not expressly disclose a first indicator tag comprising: the first plurality of identifying characteristics that are indicative of a first category of therapy, and the second plurality of identifying characteristics that are indicative of a first specific therapy within the first category of therapy, a second indicator tag comprising: the first plurality of identifying characteristics that are indicative of the first category of therapy, and the second plurality of identifying characteristics that are indicative of a second specific therapy within the first category of therapy, a third indicator tag comprising: the first plurality of identifying characteristics that are indicative of a second category of therapy, and the second plurality of identifying characteristics that are indicative of a first specific therapy within the second category of therapy, and a fourth indicator tag comprising: the first plurality of identifying characteristics that are indicative of the second category of therapy, and the second plurality of identifying characteristics that are indicative of a second specific therapy within the second category of therapy.
Doiron teaches a first indicator tag comprising: the first plurality of identifying characteristics that are indicative of a first category of therapy (sticker 66, Fig. 4) ("A sticker 66 including a heart icon is indicative of heart medication and its blue color indicates that the medication should be taken in the morning." - Col. 5 Lines 17-20), and the second plurality of identifying characteristics that are indicative of a first specific therapy within the first category of therapy ("… the particular name of a medication 63 is indicated as well as the dosage and frequency of use 64." - Col. 5 Line 15-17), a second indicator tag comprising: the first plurality of identifying characteristics that are indicative of the first category of therapy (sticker 66, Fig. 4) ("… sticker 72 indicative of heart medication and its black color indicative of taking at bedtime." - Col. 5 Lines 21-23), and the second plurality of identifying characteristics that are indicative of a second specific therapy within the first category of therapy ("… a second medication 68 with its dosage and frequency of use 70 …" - Col. 5 Lines 20-21, Fig. 4), a third indicator tag comprising: the first plurality of identifying characteristics that are indicative of a second category of therapy (sticker 102, Fig. 6) ("… the icon indicative that the medication is used for treatment of the lungs and that, due to the blue, orange, purple, and black colors of stickers 104 through 108, respectively, indicates that the medication should be taken in the morning, in the late afternoon, in the evening, and at bedtime." - Col. 5 Lines 52-57), and the second plurality of identifying characteristics that are indicative of a first specific therapy within the second category of therapy ("… name of a medication 63 is indicated as well as the dosage and frequency of use 64." - Col. 5 Lines 16-17), and a fourth indicator tag comprising: the first plurality of identifying characteristics that are indicative of the second category of therapy (sticker 102, Fig. 6) ("… the icon indicative that the medication is used for treatment of the lungs and that, due to the blue, orange, purple, and black colors of stickers 104 through 108, respectively, indicates that the medication should be taken in the morning, in the late afternoon, in the evening, and at bedtime." - Col. 5 Lines 51-57), and the second plurality of identifying characteristics that are indicative of a second specific therapy within the second category of therapy ("… name of a medication 63 is indicated as well as the dosage and frequency of use 64." - Col. 5 Lines 16-17).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include a first indicator tag comprising: the first plurality of identifying characteristics that are indicative of a first category of therapy, and the second plurality of identifying characteristics that are indicative of a first specific therapy within the first category of therapy, a second indicator tag comprising: the first plurality of identifying characteristics that are indicative of the first category of therapy, and the second plurality of identifying characteristics that are indicative of a second specific therapy within the first category of therapy, a third indicator tag comprising: the first plurality of identifying characteristics that are indicative of a second category of therapy, and the second plurality of identifying characteristics that are indicative of a first specific therapy within the second category of therapy, and a fourth indicator tag comprising: the first plurality of identifying characteristics that are indicative of the second category of therapy, and the second plurality of identifying characteristics that are indicative of a second specific therapy within the second category of therapy as taught by Doiron to create a simple system of identification of medication for treatment (Doiron, Col. 5 Lines 58-59).
Examiner interprets the icon shape and the color of the cion to be the first plurality of identifying characteristics and the name of medication and frequency of use to be the second plurality of identifying characteristics. Figs. 1-3 depict all of the possible icons and color combinations and Fig. 4 shows the name of medication and frequency of use that can be written down for each icon.
Regarding claim 2, Kuo in view of Doiron teaches the system (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo does not expressly disclose that the first plurality of identifying characteristics comprises an indicator tag shape and an indicator tag color.
Doiron teaches that the first plurality of identifying characteristics (third group 22 of icons, "The third group 22 of icons identifies by the icon and its color …" - Col. 4 Lines 35-36, Fig. 5) comprises an indicator tag shape and an indicator tag color ("…three stickers having a heart-shaped icon … sticker 76 is in a blue color … sticker 78 is orange in color … sticker 80 is black in color …" - Col. 5 Lines 30-36).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include that the first plurality of identifying characteristics comprises an indicator tag shape and an indicator tag color as taught by Doiron to create a simple system of identification of medication for treatment (Doiron, Col. 5 Lines 58-59).
Regarding claim 3, Kuo in view of Doiron teaches the system (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo does not expressly disclose that the second plurality of identifying characteristics comprises an icon and a text label
Doiron teaches that the second plurality of identifying characteristics comprises an icon (sticker 66, "A sticker 66 including a heart icon …" - Col. 5 Line 17, Fig. 4) and a text label (name of medication 63, Fig. 4).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include that the second plurality of identifying characteristics comprises an icon and a text label as taught by Doiron to create a simple system of identification of medication for treatment (Doiron, Col. 5 Lines 58-59).
Regarding claim 5, Kuo in view of Doiron teaches the system (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
each of the indicator tags (Kuo, bundling member 10, Fig. 6) further comprises a second surface (Kuo, See annotated Fig. 6) opposite the first surface (Kuo, See annotated Fig. 6), and wherein each of the indicator tags further comprises a writable portion on the second surface (Kuo, "The identification portion 30 may be a … region for writing disposed on each of the bundling members 10 …" - Para [0021]).
Kuo does not expressly disclose that the icon and the text label are positioned on the first surface.
Doiron teaches that the icon (sticker 66, "A sticker 66 including a heart icon …" - Col. 5 Line 17, Fig. 4) and the text label (name of medication 63, Fig. 4) are positioned on the first surface (See annotated Fig. 6).
PNG
media_image3.png
438
592
media_image3.png
Greyscale
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include that the icon and the text label are positioned on the first surface to create a simple system of identification of medication for treatment (Doiron, Col. 5 Lines 58-59).
PNG
media_image4.png
538
726
media_image4.png
Greyscale
Claim(s) 4, 6, 7, 8, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo et al. (US Pub No. 20200345988 A1) in view of Doiron (US Patent No. 8,336,917 B2) and in further view of Harms et al. (US Patent No. 10,286,150 B2).
Regarding claim 4, Kuo in view of Doiron and Harms teaches the system (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo does not expressly disclose that the icon is a haptic icon.
Doiron discloses the icon (sticker 66, "A sticker 66 including a heart icon …" - Col. 5 Line 17, Fig. 4).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include the icon as taught by Doiron to create a simple system of identification of medication for treatment (Doiron, Col. 5 Lines 58-59).
Doiron does not expressly disclose that the icon is a haptic icon.
Harms teaches that the icon is a haptic icon ("…the surface 2 of the dose button 1 can have any possible structure including … haptic features." - Col. 7 Lines 59-60).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo in view of Doiron to include that the icon is a haptic icon as taught by Harms to be distinguishable by the user (Harms, Col. 2 Lines 7-8).
Regarding claim 6, Kuo in view of Doiron and Harms teaches the system (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo in view of Doiron does not expressly disclose that the first category of therapy is a first one of high-alert therapy, non-high-alert therapy, or specialty therapy, and wherein the second category of therapy is a second one of high-alert therapy, non-high-alert therapy, or specialty therapy.
Harms teaches that the first category of therapy (".. different devices 6, in particular devices 6 holding different drugs." - Col. 7 Lines 65-66) is a first one of high-alert therapy ("The term "drug", as used herein, preferably means a pharmaceutical formulation containing at least one pharmaceutically active compound … the pharmaceutically active compound comprises at least one human insulin …" - Col. 5 Line 26-27), non-high-alert therapy, or specialty therapy, and wherein the second category of therapy ("If the user needs for example two types of insulin it is possible to buy these two types together with the fitting drug delivery devices." - Col. 3 Lines 41-44) is a second one of high-alert therapy ("The term "drug", as used herein, preferably means a pharmaceutical formulation containing at least one pharmaceutically active compound … the pharmaceutically active compound comprises at least one human insulin …" - Col. 5 Line 26-27, non-high-alert therapy, or specialty therapy
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo in view of Doiron to include that the first category of therapy is a first one of high-alert therapy, non-high-alert therapy, or specialty therapy, and wherein the second category of therapy is a second one of high-alert therapy, non-high-alert therapy, or specialty therapy as taught by Harms for the treatment and/or prophylaxis of diabetes (Harms, Col. 5 Lines 36-37).
Examiner interprets that the different drugs in the different devices 6 can be two different types of insulins which are considered high-alert therapies.
Regarding claim 7, Kuo in view of Doiron and Harms teaches the system (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo does not expressly disclose that the first category of therapy is high-alert therapy, and wherein the first plurality of identifying characteristics that are indicative of the first category of therapy comprise a triangular tag shape and a red tag color.
Doiron teaches that the first plurality of identifying characteristics (third group of icons 22, Fig. 3) that are indicative of the first category of therapy comprise a triangular tag shape (sticker 34, Fig. 1) and a red tag color ("… sticker 40 includes a red octagonal stop sign …" - Col. 4 Lines 48-49, Fig. 1).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include that the first plurality of identifying characteristics that are indicative of the first category of therapy comprise a triangular tag shape and a red tag color as taught by Doiron to create a simple system of identification of medication for treatment (Doiron, Col. 5 Lines 58-59).
Examiner interprets that the triangle sticker 34 can be combined with the red color of sticker 40.
Kuo in view of Doiron does not expressly disclose that the first category of therapy is high-alert therapy.
Harms teaches that that the first category (".. different devices 6, in particular devices 6 holding different drugs." - Col. 7 Lines 65-66) of therapy is high-alert therapy ("The term "drug", as used herein, preferably means a pharmaceutical formulation containing at least one pharmaceutically active compound … the pharmaceutically active compound comprises at least one human insulin …" - Col. 5 Line 26-27).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo in view of Doiron to include that the first category of therapy is high-alert therapy as taught by Harms to be distinguishable by the user (Harms, Col. 2 Lines 7-8).
Regarding claim 8, Kuo in view of Doiron and Harms teaches the system (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo does not expressly disclose one of: (a) the second category of therapy is non-high-alert therapy and the first plurality of identifying characteristics that are indicative of the second category of therapy comprise a circular tag shape and an orange tag color, or (b) the second category of therapy is specialty therapy and the first plurality of identifying characteristics that are indicative of the second category of therapy comprise a square tag shape and a blue tag color.
Doiron teaches that the first plurality of identifying characteristics that are indicative of the second category of therapy comprise a square tag shape (sticker 24, Fig. 1) and a blue tag color ("… sticker 24 is of a blue color …" Col. 4 Line 38).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include that the first plurality of identifying characteristics that are indicative of the second category of therapy comprise a square tag shape and a blue tag color as taught by Doiron to create a simple system of identification of medication for treatment (Doiron, Col. 5 Lines 58-59).
Kuo in view of Doiron does not expressly disclose that the second category of therapy is a specialty therapy.
Harms teaches that the second category (".. different devices 6, in particular devices 6 holding different drugs." - Col. 7 Lines 65-66) of therapy is a specialty therapy ("… the pharmaceutically active compound comprises … hypophysis hormones or hypothalamus hormones or regulatory active peptides and their antagonists …" - Col. 7 Lines 26-28).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo in view of Doiron to include that the second category of therapy is a specialty therapy as taught by Harms to be distinguishable by the user (Harms, Col. 2 Lines 7-8).
Examiner interprets hormones to be specialty therapies because of their potential to be high cost and highly complex.
Regarding claim 9, Kuo in view of Doiron and Harms teaches the system (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo in view of Doiron does not expressly disclose that the first specific therapy within the first category of therapy is one of heparin, insulin, an opioid, oxytocin, total parenteral nutrition, magnesium sulfate, a sedative, or chemotherapy.
Harms teaches that the first specific therapy within the first category of therapy is one of heparin ("… the pharmaceutically active compound comprises … heparin …" - Col. 7 Line 35), insulin, an opioid, oxytocin, total parenteral nutrition, magnesium sulfate, a sedative, or chemotherapy.
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo in view of Doiron to include that the first specific therapy within the first category of therapy is one of heparin, insulin, an opioid, oxytocin, total parenteral nutrition, magnesium sulfate, a sedative, or chemotherapy as taught by Harms to be distinguishable by the user (Harms, Col. 2 Lines 7-8).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo et al. (US Pub No. 20200345988 A1) in view of Doiron (US Patent No. 8,336,917 B2) and in further view of Wang et al. (CN 223927018 U).
Regarding claim 10, Kuo in view of Doiron and Wang disclose the system (Kuo, pipeline collector 100, Fig. 1) as recited above, further comprising;
a fifth indicator tag (Kuo, bundling member 10, See annotated Fig. 5 above) comprising identifying characteristics (Kuo, identification portion 30, Fig. 1) that are indicative of an emergency line.
Kuo in view of Doiron does not expressly disclose that the identifying characteristics are indicative of an emergency line.
Wang teaches that the identifying characteristics are indicative of an emergency line ("… the clear blood collection label and emergency identification …" - Para [0002]).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo in view of Doiron to include that the identifying characteristics are indicative of an emergency line as taught by Wang to identify the emergency (Wang, Para [0002]).
Claim(s) 11-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo et al. (US Pub No. 20200345988 A1) in view of Fung et al. (US Pub No. 20210178056 A1).
Regarding claim 11, Kuo in view of Fung disclose a system of medical indicators (Kuo, pipeline collector 100, Fig. 1) , comprising:
a set of indicator tags (Kuo, bundling member 10, Fig. 1), wherein each of the indicator tags comprises: a body (Kuo, bundling body 11, Fig. 1) having a first end (Kuo, first top edge, 12, Fig. 1), a second end opposite the first end (Kuo, second top edge 13, Fig. 1), a first surface extending from the first end to the second end (Kuo, See annotated Fig. 1 above), and an aperture extending from the first end to the second end (Kuo, first accommodation area 14, Fig. 1), wherein the aperture is sized and shaped to receive an infusion tube (Kuo, "… a first accommodation area 14 which … penetrates through the first top edge 12 as well as the second top edge 13." - Para [0021]) (Kuo, "… hoses 900 are constrained after being disposed in the first accommodation area 14 …" - Para [0021]), and a plurality of identifying characteristics that are indicative of a therapy (Kuo, identification portion 30, Fig. 1).
Kuo does not expressly disclose that the aperture is configured such that each of the indicator tags can be secured to at least a first size of the infusion tube and a second size of the infusion tube without sliding along the infusion tube or restricting fluid flow within the infusion tube, wherein the first size of the infusion tube has a first outside diameter, wherein the second size of the infusion tube has a second outside diameter, and wherein the second outside diameter is greater than the first outside diameter, and a plurality of identifying characteristics that are indicative of a therapy.
Fung teaches that the aperture (gutter 118, Fig. 1) is configured such that each of the indicator tags (tubing organizer 100, Fig. 1) can be secured to at least a first size of the infusion tube ("… secure medical tubing 50, 50' within the gutters 118 …" - Para [0031]) (medical tubing 50', Fig. 1) and a second size of the infusion tube (medical tubing 50, Fig. 1) without sliding along the infusion tube or restricting fluid flow within the infusion tube ("… to lock tubing 50 within the gutter …" - Para [0035]), wherein the first size of the infusion tube has a first outside diameter (medical tubing 50', See annotated Fig. 1), wherein the second size of the infusion tube has a second outside diameter (medical tubing 50, See annotated Fig. 1), and wherein the second outside diameter is greater than the first outside diameter (See annotated Fig. 1).
PNG
media_image5.png
288
610
media_image5.png
Greyscale
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include that the aperture is configured such that each of the indicator tags can be secured to at least a first size of the infusion tube and a second size of the infusion tube without sliding along the infusion tube or restricting fluid flow within the infusion tube, wherein the first size of the infusion tube has a first outside diameter, wherein the second size of the infusion tube has a second outside diameter, and wherein the second outside diameter is greater than the first outside diameter, and a plurality of identifying characteristics that are indicative of a therapy as taught by Fung to secure medical tubing (Fung, Para [0031]).
Regarding claim 12, Kuo in view of Fung disclose a system of medical indicators (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo does not expressly disclose that the first size of the infusion tube is a small adult-size infusion tube, and wherein the second size of the infusion tube is a large adult-size infusion tube.
Fung teaches that the first size of the infusion tube is a small adult-size infusion tube (medical tubing 50', Fig. 1), and wherein the second size of the infusion tube is a large adult-size infusion tube (medical tubing 50, Fig. 1).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include that the first size of the infusion tube is a small adult-size infusion tube, and wherein the second size of the infusion tube is a large adult-size infusion tube as taught by Fung to secure medical tubing (Fung, Para [0031]).
Regarding claim 13, Kuo in view of Fung disclose a system of medical indicators (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo does not expressly disclose that the aperture has a generally rectangular cross-section comprising shorter sides and longer sides.
Fung teaches that the aperture (gutters 118, Fig. 1) has a generally rectangular cross-section (Fig. 1) comprising shorter sides (See annotated Fig. 1) and longer sides (See annotated Fig. 1).
PNG
media_image6.png
288
610
media_image6.png
Greyscale
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include that the aperture has a generally rectangular cross-section comprising shorter sides and longer sides as taught by Fung to secure medical tubing (Fung, Para [0031]).
Regarding claim 14, Kuo in view of Fung disclose a system of medical indicators (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo does not expressly disclose that the aperture has a rectangular cross-section with rounded corners.
Fung teaches that the aperture (gutters 118, Fig. 1) has a rectangular cross-section with rounded corners (Fig. 1).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include that the aperture has a rectangular cross-section with rounded corners as taught by Fung to secure medical tubing (Fung, Para [0031]).
Regarding claim 15, Kuo in view of Fung disclose a system of medical indicators (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo does not expressly disclose that the shorter sides have a shorter side length that is about equal to the first outside diameter.
Fung teaches that the shorter sides (See annotated Fig. 1) have a shorter side length (width, w, Fig. 1) that is about equal to the first outside diameter (See annotated Fig. 1).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include that the shorter sides have a shorter side length that is about equal to the first outside diameter as taught by Fung to secure medical tubing (Fung, Para [0031]).
PNG
media_image7.png
288
610
media_image7.png
Greyscale
Regarding claim 16, Kuo in view of Fung disclose a system of medical indicators (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo does not expressly disclose that the shorter side length is in a range of from 0.9 times the first outside diameter to 1 times the first outside diameter.
Fung teaches that the shorter side length (See annotated Fig. 1 above) is in a range of from 0.9 times the first outside diameter to 1 times the first outside diameter (See annotated Fig. 1 above).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include that the shorter side length is in a range of from 0.9 times the first outside diameter to 1 times the first outside diameter as taught by Fung to secure medical tubing (Fung, Para [0031]) since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, , 105 USPQ 233.
Examiner interprets the width w and the diameter of the medical tubing 50 to be approximately the same as shown in annotated Figure 1.
Regarding claim 17, Kuo in view of Fung disclose a system of medical indicators (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo does not expressly disclose that the longer sides have a longer side length that is in a range of from 1.05 times the second outside diameter to 1.3 times the second outside diameter.
Fung teaches that the longer sides (See annotated Fig. 1) have a longer side length (height, h) that is in a range of from 1.05 times the second outside diameter to 1.3 times the second outside diameter (See annotated Fig. 1).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include that the longer sides have a longer side length that is in a range of from 1.05 times the second outside diameter to 1.3 times the second outside diameter as taught by Fung to secure medical tubing (Fung, Para [0031]) since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
PNG
media_image8.png
288
610
media_image8.png
Greyscale
Examiner interprets the height "h" to be slightly longer than the diameter of the medical tubing 50 as shown in annotated Figure 1.
Regarding claim 18, Kuo in view of Fung disclose a system of medical indicators (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo does not expressly disclose that the shorter sides have a shorter side length that is in a range of from 0.9 times the first outside diameter to 1 times the first outside diameter
Fung teaches that the shorter sides (See annotated Fig. 1 above) have a shorter side length (width w, Fig. 1) that is in a range of from 0.9 times the first outside diameter to 1 times the first outside diameter ("… the medical tubing 50 may be larger than the width, w, of gutters 118 …" - Para [0035]).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo to include that the shorter sides have a shorter side length that is in a range of from 0.9 times the first outside diameter to 1 times the first outside diameter as taught by Fung to secure medical tubing (Fung, Para [0031]) since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Examiner interprets the width w and the diameter of the medical tubing 50 to be approximately the same as shown in annotated Figure 1 or slightly larger as disclosed in paragraph 0035 of the specification.
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuo et al. (US Pub No. 20200345988 A1) in view of Fung et al. (US Pub No. 20210178056 A1) and in further view of Fisher et al. (US Pub No. 20230099958 A1).
Regarding claim 19, Kuo in view of Fung and Fisher disclose a system of medical indicators (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo in view of Fung does not expressly disclose that the first outside diameter is 0.145 inches and the second outside diameter is 0.165 inches.
Fisher teaches that the first outside diameter is 0.145 inches and the second outside diameter is 0.165 inches ("… medical tubes can each have a size typical of hemodialysis lumens, such as from about 2 French (.66 mm) to about 20 French (6.66 mm) …" - Para [0063]) .
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo in view of Fung to include that that the first outside diameter is 0.145 inches and the second outside diameter is 0.165 inches as taught by Fisher for receiving a tube (Fisher, Para [0047]).
Examiner interprets 2 French to 6 French to be equivalent to .026 inches to .26 inches which is inclusive of .145 inches to .165 inches.
Regarding claim 20, Kuo in view of Fung and Fisher disclose a system of medical indicators (Kuo, pipeline collector 100, Fig. 1) as recited above, wherein
Kuo does not expressly disclose that the shorter sides have a shorter side length that is in a range of from 0.14 inches to 0.15 inches, and wherein the longer sides have a longer side length that is in a range of from 0.175 inches to 0.185 inches
Fung teaches that the shorter sides (See annotated Fig. 1 above) have a shorter side length (width w, Fig. 1) that is in a range of from 0.14 inches to 0.15 inches, and wherein the longer sides (See annotated Fig. 1 above) have a longer side length (height h, Fig. 1) that is in a range of from 0.175 inches to 0.185 inches
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo in view of Fung to include that the shorter sides have a shorter side length that is in a range of from 0.14 inches to 0.15 inches, and wherein the longer sides have a longer side length that is in a range of from 0.175 inches to 0.185 inches as taught by Fisher for receiving a tube (Fisher, Para [0047]).
Kuo in view of Fung does not expressly disclose that the shorter sides have a shorter side length that is in a range of from 0.14 inches to 0.15 inches, and wherein the longer sides have a longer side length that is in a range of from 0.175 inches to 0.185 inches.
Fisher teaches that the shorter sides have a shorter side length that is in a range of from 0.14 inches to 0.15 inches ("… medical tubes can each have a size typical of hemodialysis lumens, such as from about 2 French (.66 mm) to about 20 French (6.66 mm) …" - Para [0063]), and wherein the longer sides have a longer side length that is in a range of from 0.175 inches to 0.185 inches ("… medical tubes can each have a size typical of hemodialysis lumens, such as from about 2 French (.66 mm) to about 20 French (6.66 mm) …" - Para [0063]).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the system of Kuo in view of Fung to include that the shorter sides have a shorter side length that is in a range of from 0.14 inches to 0.15 inches, and wherein the longer sides have a longer side length that is in a range of from 0.175 inches to 0.185 inches as taught by Fisher for receiving a tube (Fisher, Para [0047]) since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Examiner interprets the shorter side length of the aperture in Fung to be approximately equal to the diameter of the medical tubing 50 and the longer side length of the aperture to be slightly larger than the diameter of the medical tubing 50. Thus examiner combines the size of the tubing from Fisher and the relative size of the shorter and longer side lengths from Fung to read upon the claimed limitation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ESHA P KASHYAP whose telephone number is (571)272-9890. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ESHA PRAKASH KASHYAP/ Examiner, Art Unit 3783
/CHELSEA E STINSON/ Supervisory Patent Examiner, Art Unit 3783
Prosecution Insights