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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/30/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
This application claims foreign priority to TW112120406 filed 5/31/2023. This priority information should be added after the title under the heading “Cross-references to Related Applications”.
Appropriate correction is required.
Claim Objections
Claim 1 objected to because of the following informalities:
Line 2 recites “to adhere to a patient”. Examiner suggests replacing “to adhere to a patient” in line 2 of claim 1 with “configured to adhere to a patient” to put the claim in clearer form that the adhesive member is intended to be adhered to the patient and not positively adhered to a patient.
Line 6-7, line 17, line 18, and line 20 recites “the first pivot holes”. Line 6 recites “two first pivot holes”. Examiner suggests replacing “the first pivot holes” in line 6-7, line 17, line 18, and line 20 of claim 1 with “the two first pivot holes” to put the claim in clearer form and clearly refer to the two first pivot holes of line 6.
Line 49-50 and line 51 recite “the second pivot holes”. Line 38 recites “two second pivot holes”. Examiner suggests replacing “the second pivot holes” in line 49-50 and line 51 with the two second pivot holes” to put the claim in clearer form and clearly refer to the two second pivot holes of line 38.
Line 52-53 recites “slider, the second internal teeth”. Examiner suggests adding the term “and” before “the” since “the second internal teeth of the second curved arm and the second external teeth of the second movable fastener being configured to engage with each other” is the last limitation in claim 1.
Claim 3 objected to because of the following informalities:
Line 6 recites “the first pivot holes”. Claim 1, which claim 3 depends on, recites “two first pivot holes”. Examiner suggests replacing “the first pivot holes” in line 6 of claim 3 with “the two first pivot holes” to put the claim in clearer form and clearly refer to the two first pivot holes of claim 1.
Line 7 recites “the retaining portions”. Claim 1, which claim 3 depends on, recites “two retaining portions”. Examiner suggests replacing “the retaining portions” in line 7 of claim 3 with “the two retaining portions” to put the claim in clearer form and clearly refer to the two retaining portions of claim 1.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regard to claim 1,
Line 2-3 recites “and thereby affixing medical tubes to the patient”. It is unclear if a method step is being claimed due to the term “affixing”, and it is unclear if the medical tubes are positively required by claim 1. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). For Examination purposes Examiner construes “and thereby affixing medical tubes to the patient” to be “and configured to thereby affix medical tubes to the patient”. Examiner suggests replacing “and thereby affixing medical tubes to the patient” in line 2-3 of claim 1 with “and configured to thereby affix medical tubes to the patient”.
Line 6 recites “therein”. It is unclear if “therein” refers to the base or the adhesive member or to a different structure. For examination purposes Examiner construes “therein” to be “within the base”. Examiner suggests replacing “therein” in line 6 with “within the base”.
Line 15 recites “its end”. It is unclear what structure “its end” refers to. It is unclear if its end is an end of the first movable fastener, an end of the outer surface, or an end of a different structure. For examination purposes Examiner construes “its end” to be “an end of the first movable fastener”. Examiner suggests replacing “its end” in line 15 of claim 1 with “an end of the first movable fastener”.
Line 16 recites “the first external teeth”. It is unclear if “the first external teeth” refer to the plurality of first external teeth or to specific first external teeth of the plurality of first external teeth. For examination purposes Examiner construes “the first external teeth” to be “the plurality of first external teeth”. Examiner suggests replacing “the first external teeth” in line 16 of claim 1 with “the plurality of first external teeth”.
Line 16-18 recites “the first through hole being locationally corresponding to the first pivot holes at the slide space”. It is unclear what is meant by this. The first pivot holes have not been previously claimed to be “at the slide space”. It appears when the first movable fastener is within the slide space, the first through is aligned with the first pivot holes. For examination purposes Examiner construes “the first through hole being locationally corresponding to the first pivot holes at the slide space” to require “the first through hole is aligned with the two first pivot holes when the first movable fastener is within the slide space”. Examiner suggests replacing “the first through hole being locationally corresponding to the first pivot holes at the slide space” in line 16-18 of claim 1 with “the first through hole is aligned with the two first pivot holes when the first movable fastener is within the slide space”.
Line 26-27 “the first curved arm and the second curved arm extending and facing the first slider”. Line 23-24 recites “the first slider being provided with a first curved arm, a second curved arm”. As the first curved arm and the second curved arm are structures of the first slider, it is unclear how the first curved arm and the second curved arm extend and face the first slider. Based on the disclosure it appears the first curved arm and the second curved arm extend and face a body of the first slider. For examination purposes Examiner construes “the first curved arm and the second curved arm extending and facing the first slider” to be “the first curved arm and the second curved arm extending and facing a body of the first slider”. Examiner suggests clarifying what structure of the slider the first curved arm and the second curved arm extend and face.
Line 27-30 recites “the first curved arm and the second curved arm having inner surfaces thereof provided with a plurality of transversely extending first internal teeth and a plurality of second internal teeth”. It is unclear if each of the first curved arm and the second curved arm have a plurality of transversely extending first internal teeth and a plurality of second internal teeth or if the first curved arm has a plurality of transversely extending first internal teeth only and the second curved arm has a plurality of second internal teeth only. For examination purposes Examiner construes “the first curved arm and the second curved arm having inner surfaces thereof provided with a plurality of transversely extending first internal teeth and a plurality of second internal teeth” to be “the first curved arm having an inner surface provided with a plurality of transversely extending first internal teeth, and the second curved arm having an inner surface provided with a plurality of second internal teeth”. Examiner suggests replacing “the first curved arm and the second curved arm having inner surfaces thereof provided with a plurality of transversely extending first internal teeth and a plurality of second internal teeth” in line 27-30 of claim 1 with “the first curved arm having an inner surface provided with a plurality of transversely extending first internal teeth, and the second curved arm having an inner surface provided with a plurality of second internal teeth”.
Line 30-31 recites “the first internal teeth of the first curved arm”. Line 29-30 recites “a plurality of transversely extending first internal teeth”. It is unclear if “the first internal teeth of the first curved arm” refer to the plurality of first internal teeth or to specific first internal teeth of the plurality of first internal teeth. For examination purposes Examiner construes “the first internal teeth of the first curved arm” to be “the plurality of first internal teeth of the first curved arm”. Examiner suggests replacing “the first internal teeth of the first curved arm” in line 30-31 of claim 1 with “the plurality of first internal teeth of the first curved arm”.
Line 31-32 recites “the first external teeth of the first movable fastener”. Line 13-14 recites “a plurality of transversely extending first external teeth”. It is unclear if “the first external teeth of the first movable fastener” refer to the plurality of first external teeth or to specific first external teeth of the plurality of first external teeth. For examination purposes Examiner construes “the first external teeth of the first movable fastener” to be “the plurality of first external teeth of the first movable fastener”. Examiner suggests replacing “the first external teeth of the first movable fastener” in line 31-32 of claim 1 with “the plurality of first external teeth of the first movable fastener”.
Line 36 recites “a limited extent”. The term “limited extent” in claim 1 is a relative term which renders the claim indefinite. The term “limited extent” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what constitutes a limited extent. It is unclear to what extent (i.e. how much or how often) the first slider is allowed to slide out of the slide space of the base. For examination purposes Examiner construes “a limited extent” to be without separating from the base completely. Examiner suggests replacing “to a limited extent” in line 36 of claim 1 with “without separating from the base completely”.
Line 39 recites “thereof”. It is unclear what structure “thereof” refers to. It is unclear if thereof refers to the second slider or to a different structure. For examination purposes Examiner construes “thereof” to be “of the second slider”. Examiner suggests replacing “thereof” in line 39 of claim 1 with “of the second slider”.
Line 46 recites “an end thereof”. It is unclear what structure the end is of. For examination purposes Examiner construes “thereof” to be “of the second movable fastener”. Examiner suggests replacing “thereof” in line 46 of claim 1 with “of the second movable fastener”.
Line 47 recites “the second external teeth”. Line 44-45 recites “a plurality of transversely extending second external teeth”. It is unclear if “the second external teeth” refer to the plurality of second external teeth or to specific second external teeth of the plurality of second external teeth. For examination purposes Examiner construes “the second external teeth” to be “the plurality of second external teeth”. Examiner suggests replacing “the second external teeth” in line 47 of claim 1 with “the plurality of second external teeth”.
Line 52-53 recites “the second internal teeth of the second curved arm”. Line 30 recites “a plurality of second internal teeth”. It is unclear if “the second internal teeth of the second curved arm” refer to the plurality of second internal teeth or to specific second internal teeth of the plurality of second internal teeth. For examination purposes Examiner construes “the second internal teeth of the second curved arm” to be “the plurality of second internal teeth of the second curved arm”. Examiner suggests replacing “the second internal teeth of the second curved arm” in line 52-53 of claim 1 with “the plurality of second internal teeth of the second curved arm”.
Line 53-54 recites “the second external teeth”. Line 44-45 recites “a plurality of transversely extending second external teeth”. It is unclear if “the second external teeth” refer to the plurality of second external teeth or to specific second external teeth of the plurality of second external teeth. For examination purposes Examiner construes “the second external teeth” to be “the plurality of second external teeth”. Examiner suggests replacing “the second external teeth” in line 53-54 of claim 1 with “the plurality of second external teeth”.
Examiner notes claims 2-7 are similarly rejected by virtue of their dependency on claim 1.
In regard to claim 2,
Line 2-3 recites “the adhesive member adheres to the patient”. It is unclear if a method step is being claimed due to the term “adheres”. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(p). Examiner suggests replacing “the adhesive member adheres to the patient” in line 2-3 of claim 2 with “the adhesive member is configured to adhere to the patient”.
Line 3 recites “thereof”. It is unclear what structure thereof refers to. For examination purposes Examiner construes “thereof” to be “of the adhesive member”. Examiner suggests replacing “thereof” in line 3 of claim 2 with “of the adhesive member”.
In regard to claim 3,
Line 2-5 recites “the slide space of the base is shaped as a dovetail mortise, and the two retaining portions that are slender and raised, and the two first pivot holes, wherein the two retaining portions are located at a bottom of the slide space”. It is unclear what is meant by this. It is unclear what the two retaining portions that are slender and raised, and the two first pivot hole are being further claimed to do and it is unclear how the two retaining portions and the two first pivot holes are being defined. Examiner notes the retaining portions have not been claimed as slender and raised previously. For examination purposes Examiner construes “the slide space of the base is shaped as a dovetail mortise, and the two retaining portions that are slender and raised, and the two first pivot holes, wherein the two retaining portions are located at a bottom of the slide space” to be “the slide space of the base is shaped as a dovetail mortise, wherein the two retaining portions are located at a bottom of the slide space”. Examiner suggests replacing “the slide space of the base is shaped as a dovetail mortise, and the two retaining portions that are slender and raised, and the two first pivot holes, wherein the two retaining portions are located at a bottom of the slide space” in line 2-5 of claim 3 with “the slide space of the base is shaped as a dovetail mortise, wherein the two retaining portions are located at a bottom of the slide space”.
Allowable Subject Matter
Claims 1-7 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Examiner notes the indication of allowability is on the condition that the claims are amended in such a way as to be in line with the interpretation that has been applied in view of the rejections under 35 U.S.C. 112(b) and any other amendments to the claims may affect their allowability.
The following is a statement of reasons for the indication of allowable subject matter:
In regard to claim 1,
The prior art of record does not teach or otherwise render obvious before the effective filing date of the claimed invention in combination with all claim limitations a medical-tube affixing device as claimed in claim 1 comprising the first slider being provided with a first curved arm, a second curved arm, a channel, and a bottom, the first curved arm and the second curved arm being located at a middle portion of a free side of the first slider, the first curved arm and the second curved arm extending and facing the first slider, the first curved arm and the second curved arm having inner surfaces thereof provided with a plurality of transversely extending first internal teeth and a plurality of second internal teeth, the first internal teeth of the first curved arm and the first external teeth of the first movable fastener being configured to engage with each other; the second slider, being slidably received in the channel of the first slider and having two second pivot holes formed at two free corners of an upper surface thereof, the two second pivot holes being configured to receive the second pivot; the second movable fastener, being pivotably installed at the two second pivot holes of the second slider, the second through hole being aligned with the two second pivot holes of the second slider, the second pivot passing through one of the second pivot holes of the second slider, the second through hole, and the other of the second pivot holes of the second slider to swingably attach the second movable fastener to the second slider, the second internal teeth of the second curved arm and the second external teeth of the second movable fastener being configured to engage with each other.
Shapiro (U.S. patent no 5084026) discloses a medical-tube affixing device (see all of figure 5), comprising an adhesive member (adhesive on item 12; column 3, line 9-14) to adhere to a patient (column 3, line 9-14) and thereby affixing medical tubes to the patient (see figure 1 and 5; Examiner notes due to the structure of the device, medical tubes are fully capable of being affixed to the patient), and the medical-tube affixing device being characterized in further comprising: a base (figure 1 and 5, item 10), being fixed to the adhesive member (column 3, line 9-14) and defining therein a slide space and two first pivot holes (see figure 5 and 1), wherein the first pivot holes are formed at two free corners of the base (see figure 5); and a clipping assembly (figure 5, item 33), including a first movable fastener (item 33 of the right in figure 5 and in the front of figure 2), a first pivot (pivot which hinges item 33 of the right in figure 5 at end 40 and in the front of figure 2), a first slider (item 33 of the left in figure 5 and in the back of figure 2), a second slider (item 33 of the right in figure 5 and in the back of figure 2), a second pivot (pivot which hinges item 33 of the left in figure 5 at end 40 and in the front of figure 2), and a second movable fastener (item 33 of the left in figure 5 and in the front of figure 2), the first movable fastener being pivotably installed in the slide space at the first pivot holes (see figure 5 and 2), the first movable fastener facing the slide space (see figure 5 and figure 2), the first movable fastener having an outer surface formed with a plurality of transversely extending first external teeth (figure 5, item 41 on item 33 on the right of figure 5) and being formed with a first through hole passing through its end remote from the first external teeth (see figure 5, item 40 on item 33 on the right of figure 5), the first through hole being locationally corresponding to the first pivot holes at the slide space (see figure 5 and 1), the first pivot passing through one of the first pivot holes and the first through hole of the first movable fastener to swingably attach the first movable fastener to the base (see figure 5); the second movable fastener being U-shaped (see figure 5) and facing the slide space (see figure 5 and 2), the second movable fastener having an outer surface formed with a plurality of transversely extending second external teeth (see figure 5 and 2: wherein item 33 in the back of figure 2 has a plurality of transversely extending second external teeth 41), and having a second through hole passing through an end thereof remote from the second external teeth (see figure 5).
Shapiro fails to disclose the first pivot passing through one of the first pivot holes, the first through hole of the first movable fastener, and the other of the first pivot holes to swingably attach the first movable fastener to the base, the first slider being shaped to match the slide space of the base, the first slider being provided with a first curved arm, a second curved arm, a channel, and a bottom, the first curved arm and the second curved arm being located at a middle portion of a free side of the first slider, the first curved arm and the second curved arm extending and facing the first slider, the first curved arm and the second curved arm having inner surfaces thereof provided with a plurality of transversely extending first internal teeth and a plurality of second internal teeth, the first internal teeth of the first curved arm and the first external teeth of the first movable fastener being configured to engage with each other, the first slider being slidably received in the slide space of the base and having the bottom retained by two retaining portions of the base so the first slider is allowed to slide out of the slide space of the base to a limited extent; the second slider, being slidably received in the channel of the first slider and having two second pivot holes formed at two free corners of an upper surface thereof, the two second pivot holes being configured to receive the second pivot; the second movable fastener, being pivotably installed at the two second pivot holes of the second slider, the second through hole being aligned with the two second pivot holes of the second slider, the second pivot passing through one of the second pivot holes of the second slider, the second through hole, and the other of the second pivot holes of the second slider to swingably attach the second movable fastener to the second slider, and the second internal teeth of the second curved arm and the second external teeth of the second movable fastener being configured to engage with each other.
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Wang (CN 213759931) discloses a medical-tube affixing device (see figure 1) comprising an adhesive member (figure 1, item 1) to adhere to a patient and thereby affixing medical tubes to the patient (see figure 1), and the medical-tube affixing device being characterized in further comprising: a base (figure 1, item 2), being fixed to the adhesive member and defining therein a slide space (space which the first slider and the second slider are received in); and a clipping assembly (see figure 1 above wherein the first slider, first movable fastener, first pivot, second movable fastener, second pivot, and second slider form a clipping assembly), including a first movable fastener (see figure 1 above), a first pivot (see figure 1 above), a first slider (see figure 1 above), a second slider (see figure 1 above), a second pivot (see figure 1 above), and a second movable fastener (see figure 1 above), the first movable fastener facing the slide space (see figure 1 above), the first movable fastener being formed with a first through hole passing through its end (see figure 1), the first movable fastener is swingably attached to the base (see figure 1); the first slider being shaped to match the slide space of the base (see figure 1), the first slider being provided with a channel, and a bottom (see figure 1), the first slider being slidably received in the slide space of the base (see figure 1) and having the bottom retained by two retaining portions of the base so the first slider is allowed to slide out of the slide space of the base to a limited extent (see figure 1); the second movable fastener, being pivotably installed (see figure 1), the second movable fastener being U-shaped and facing the slide space (see figure 1), and having a second through hole passing through an end thereof (see figure 1), the second movable fastener swingably attached to the second slider (see figure 1).
Wang fails to disclose two first pivot holes, the first movable fastener being pivotably installed in the slide space at the first pivot holes, the first movable fastener having an outer surface formed with a plurality of transversely extending first external teeth and being formed with a first through hole passing through its end remote from the first external teeth, the first through hole being locationally corresponding to the first pivot holes at the slide space, the first pivot passing through one of the first pivot holes, the first through hole of the first movable fastener, and the other of the first pivot holes to swingably attach the first movable fastener to the base; the first slider being provided with a first curved arm, a second curved arm, the first curved arm and the second curved arm being located at a middle portion of a free side of the first slider, the first curved arm and the second curved arm extending and facing the first slider, the first curved arm and the second curved arm having inner surfaces thereof provided with a plurality of transversely extending first internal teeth and a plurality of second internal teeth, the first internal teeth of the first curved arm and the first external teeth of the first movable fastener being configured to engage with each other, the second slider, being slidably received in the channel of the first slider and having two second pivot holes formed at two free corners of an upper surface thereof, the two second pivot holes being configured to receive the second pivot; the second movable fastener, being pivotably installed at the two second pivot holes of the second slider, the second movable fastener having an outer surface formed with a plurality of transversely extending second external teeth, and having a second through hole passing through an end thereof remote from the second external teeth, the second through hole being aligned with the two second pivot holes of the second slider, the second pivot passing through one of the second pivot holes of the second slider, the second through hole, and the other of the second pivot holes of the second slider to swingably attach the second movable fastener to the second slider, and the second internal teeth of the second curved arm and the second external teeth of the second movable fastener being configured to engage with each other.
The subject matter of a medical-tube affixing device as claimed in claim 1 comprising the first slider being provided with a first curved arm, a second curved arm, a channel, and a bottom, the first curved arm and the second curved arm being located at a middle portion of a free side of the first slider, the first curved arm and the second curved arm extending and facing the first slider, the first curved arm and the second curved arm having inner surfaces thereof provided with a plurality of transversely extending first internal teeth and a plurality of second internal teeth, the first internal teeth of the first curved arm and the first external teeth of the first movable fastener being configured to engage with each other; the second slider, being slidably received in the channel of the first slider and having two second pivot holes formed at two free corners of an upper surface thereof, the two second pivot holes being configured to receive the second pivot; the second movable fastener, being pivotably installed at the two second pivot holes of the second slider, the second through hole being aligned with the two second pivot holes of the second slider, the second pivot passing through one of the second pivot holes of the second slider, the second through hole, and the other of the second pivot holes of the second slider to swingably attach the second movable fastener to the second slider, and the second internal teeth of the second curved arm and the second external teeth of the second movable fastener being configured to engage with each other could not be found nor was suggested elsewhere in the prior art of record. Accordingly, claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Dependent claims 2-7 would be allowable by virtue of being dependent upon allowable independent claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDRA ELIZABETH LALONDE whose telephone number is (313)446-6594. The examiner can normally be reached M-F 8-5 EST.
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/ALEXANDRA LALONDE/ Examiner, Art Unit 3783 /KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783
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