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 instant application includes copies of the Written Opinion and ISR which include a list of references. This listing of references is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office. Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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 1-20 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.
Claim 1 recites “the medial pad edge of the first pad abutting the medial pad edge of the first pad”. It is not clear how the medial pad edge of the first pad can abut itself and therefore the claim is indefinite. For the purposes of this examination, it is assumed that the claim recites that the medial pad edge of the first pad abuts the medial pad edge of the second pad, or vice versa.
Claims 2-20 inherit the deficiencies of claim 1.
Allowable Subject Matter
Claims 1-20 are allowable over the prior art of record but for the 112(b) rejection above.
The following is a statement of reasons for the indication of allowable subject matter: the subject matter of the independent claims could not be found and was not suggested by the prior art of record. Regarding claim 1, the prior art not found is a catheter securement device, comprising: a base having a perforation positioned between the first end and second end and perpendicular to the width Wb; and, a first pad disposed over the top surface of the base, the first pad having a medial pad edge adjacent to and over the perforation of the base; and, a second pad disposed over the top surface of the base, the second pad having a medial pad edge adjacent to and over the perforation of the base, the medial pad edge of the first pad abutting the medial pad edge of the second pad; the first pad and second pad forming a disunited body, the disunited body configured to separate upon application of a shear force on the base such that the first pad is separated from the second pad; wherein the first pad and second pad are non-removably adhered to the top surface of the base, in combination with the features of the invention, substantially as claimed.
The closest prior art of record is Elsamahy et al (US 2012/0109070) which discloses a catheter securement device comprising a base having a perforation 52 that separates upon application of a shear force on the base from removal of the system from beneath a catheter (fig. 1; page 2, para. 0021; page 3, para. 0026), but fails to disclose the pad as claimed. And Howell et al (US 10,549,070) which discloses a catheter securement device including a base and a pad arranged in a similar fashion to the claimed invention (fig. 3), however Howell fails to disclose the pad having a first pad and a second pad forming a disunited body.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA A BOUCHELLE whose telephone number is (571)272-2125. The examiner can normally be reached Mon-Fri 8:00-5:00 CST.
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LAURA A. BOUCHELLE
Primary Examiner
Art Unit 3783
/LAURA A BOUCHELLE/Primary Examiner, Art Unit 3783
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