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 .
Claim Objections
Applicant is advised that should claim 1 be found allowable, claims 7 and 11 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Claims 7 and 11 contain all the same parts as claim 1, however they use slightly different verbiage.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kendrick US 2021/0330929 A1 in view of Hickmott US 2018/0169377 A1.
Regarding claim 1 and 7, Kendrick discloses an intermittent urinary catheter product ([0039] and abstract with discloses the packaging maybe used for a urinary catheter), comprising: a package having opposed front and rear panels that are sealed together to define a sealed interior cavity ([0074] and [0056]), the package having top and bottom edges and opposed side edges (fig 1 and [0074] and [0056] which notes the sides are sealed about a periphery); the front panel having an inner surface and the rear panel have an inner surface (since the two sides are sealed together that will result in an inner and outer side, see fig 3), at least one of the inner surface of the front panel and the inner surface of the rear panel including a reclosable member (42 and 44, fig 3-4, [0044]) associated therewith, the reclosable member having a longitudinal axis that is generally parallel with one of the edges ([0084] and fig 3-4); the front and rear panels of the package being tearable (28, fig 2 and [0084]) adjacent the reclosable member and in a direction parallel to the reclosable member ([0084], [0025], and [0080]), wherein the tearing of front and rear panels forms an opening in the package adjacent the reclosable member and in communication with the interior cavity ([0080-84] which discloses the tear-away element is above the reclosable element and provides access to the interior cavity); the reclosable member being configured to attach the inner surface of the front panel to the inner surface of the rear panel so as to close the opening ([0084]), the reclosable member including male member comprising a ridge and a female member comprising a groove ([0087] notes a hook fastener or hook and loop fastener or adhesive fastening means); a hydration fluid contained within the interior cavity; and a urinary catheter contained within the interior cavity ([0039] which discloses a wetting fluid of a urinary catheter).
Kendrick fails to disclose a hydrophilic urinary catheter.
Hickmott teaches a portable urinary catheter in a resealable package ([0049] and abstract) thereby being in the related field of endeavor as the instant claims and prior art. Hickmott teaches the catheter is a hydrophilic urinary catheter for ease of insertion for intermittent catheters ([0019]).
It would have been obvious to one of ordinary skill in the art to have use a hydrophilic urinary catheter as taught by Kickmott in the device of Kendrick since these catheters are typically portable and used temporarily and Kendricks’s packaging is designed specifically to address portability of the packaging needs for catheter users (Kendrick [0002] which notes the problems of “typical” catheter packaging).
Regarding claim 2 and 8, Kendrick discloses, wherein the male member is on an opposing inner surface from the female member ([0087] notes a hook fastener or hook and loop fastener or adhesive fastening means and fig 5).
Regarding claim 3, 4, and 10, Kendrick fails to disclose wherein the hydrophilic urinary catheter has a distal end including a funnel and a proximal end including a tip per claim 3 and 10 and wherein the tip is configured to detachably interconnect with an interior portion of the funnel per claim 4 and 10.
Regarding claim 5, Kendrick fails to disclose wherein the catheter forms a closed loop when the tip and funnel are interconnected.
Regarding claim 6 and 9 Kendrick fails to disclose wherein the hydration fluid is water.
Regarding claims 3-6 and 9-10:
Hickmott teaches a portable urinary catheter in a resealable package ([0049] and abstract) thereby being in the related field of endeavor as the instant claims and prior art. Hickmott teaches the catheter is a hydrophilic urinary catheter for ease of insertion for intermittent catheters ([0019]). Hickmott teaches the urinary catheter connects to itself (thereby forming a closed loop) for easy storage where the distal end (10) has a funnel shaped interior (fig 1) and the proximal end (3) connects into to the funneled portion (see figs 1 and 2 and [0069-70]). Kickmott discloses the wetting agent or medium can be water ([0033]).
It would have been obvious to one of ordinary skill in the art to have use a hydrophilic urinary catheter as taught by Kickmott in the device of Kendrick since these catheters are typically portable and used temporarily and Kendricks’s packaging is designed specifically to address portability of the packaging needs for catheter users (Kendrick [0002] which notes the problems of “typical” catheter packaging). Additionally, Kendrick discloses coiling the catheter for a more compact fit (Kendrick [0004]) and Kickmott clearly teaches a compact configuration as seen in fig 1-2) thereby having a reasonable expectation of functioning in the package of Kendrick. Furthermore, Kendrick discloses a watertight seal for the bag such that the catheter lubricant will not leak out (Kendrick [0039]) as such using water for the lubricant would have been an obvious known alternative with a reasonable expectation of success.
Regarding claim 11, Kendrick discloses an intermittent urinary catheter product ([0039] and abstract with discloses the packaging maybe used for a urinary catheter), comprising: a package having opposed front and rear panels that are sealed together to define a sealed interior cavity ([0074] and [0056]), the package having top and bottom edges and opposed side edges (fig 1 and [0074] and [0056] which notes the sides are sealed about a periphery); the front panel having an inner surface and the rear panel have an inner surface (since the two sides are sealed together that will result in an inner and outer side, see fig 3), at least one of the inner surface of the front panel and the inner surface of the rear panel including a reclosable member (42 and 44, fig 3-4, [0044]) associated therewith, the reclosable member having a longitudinal axis that is generally parallel with one of the edges ([0084] and fig 3-4); the front and rear panels of the package being tearable (28, fig 2 and [0084]) adjacent the reclosable member and in a direction parallel to the reclosable member ([0084], [0025], and [0080]), wherein the tearing of front and rear panels forms an opening in the package adjacent the reclosable member and in communication with the interior cavity ([0080-84] which discloses the tear-away element is above the reclosable element and provides access to the interior cavity); the reclosable member being configured to attach the inner surface of the front panel to the inner surface of the rear panel so as to close the opening ([0084]), the reclosable member including male member comprising a sealing strip comprising an adhesive and a removeable coving ([0087] notes a hook fastener or hook and loop fastener or adhesive fastening means); a hydration fluid contained within the interior cavity; and a urinary catheter contained within the interior cavity ([0039] which discloses a wetting fluid of a urinary catheter).
Kendrick fails to disclose a hydrophilic urinary catheter.
Hickmott teaches a portable urinary catheter in a resealable package ([0049] and abstract) thereby being in the related field of endeavor as the instant claims and prior art. Hickmott teaches the catheter is a hydrophilic urinary catheter for ease of insertion for intermittent catheters ([0019]).
It would have been obvious to one of ordinary skill in the art to have use a hydrophilic urinary catheter as taught by Kickmott in the device of Kendrick since these catheters are typically portable and used temporarily and Kendricks’s packaging is designed specifically to address portability of the packaging needs for catheter users (Kendrick [0002] which notes the problems of “typical” catheter packaging).
Regarding claim 12 Kendrick discloses wherein the package further includes a directional tear element that facilitates tearing of the package in the direction parallel to the reclosable member ([0025-26] which discloses a visual marking for the tear element and fig 2).
Regarding claim 13, Kendrick discloses wherein the directional tear element comprises a tear tape or tear strip ([0025], fig 2)
Regarding claim 14, Kendrick discloses, wherein the directional tear element comprises a material of the front and rear panels ([0024-25, and fig 2).
Regarding claim 15, Kendrick discloses wherein the package further includes a gripping member to assist in tearing of the package (36- fig 2, [0082]).
Regarding claim 16, Kendrick fails to disclose the front and rear panels comprise a foil.
Hickmott teaches a portable urinary catheter in a resealable package ([0049] and abstract) thereby being in the related field of endeavor as the instant claims and prior art. Hickmott teaches the catheter is a hydrophilic urinary catheter for ease of insertion for intermittent catheters ([0019]). Hickmott also teaches the package maybe formed from a foil material to provide an opaque option to the user ([0047])
It would have been obvious to one of ordinary skill in the art to have use a hydrophilic urinary catheter as taught by Kickmott in the device of Kendrick since these catheters are typically portable and used temporarily and Kendricks’s packaging is designed specifically to address portability of the packaging needs for catheter users (Kendrick [0002] which notes the problems of “typical” catheter packaging). Additionally, making the package opaque would have obvious to benefits to the user by making the contents discreet if the package is dropped or if a clear bag is needed for a large event security. The user can still be afforded privacy by the contents are not readily apparent.
Regarding claim 17, Kendrick discloses reclosable member forms a water-tight seal when closed ([0039]).
Regarding claim 18, Kendrick discloses wherein the male and female members of the reclosable are configured in a discontinuous manner ([0039] when the member are open providing access to the interior the members are discontinuous, fig 3).
Regarding claim 19, Kendrick discloses wherein the male and female members of the reclosable are configured in a continuous manner ([0039] when the member are closed for sealing the package the members are continuous).
Regarding claim 20, Kendrick discloses wherein the package has a shape and the shape comprises a round, oval, or polygonal shape (see fig 1 for a polygonal shape).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIELLA E BURNETTE whose telephone number is (571)272-9574. The examiner can normally be reached M-S: 0830-1900 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GABRIELLA E BURNETTE/Examiner, Art Unit 3781 /REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781