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 .
This office action is in response to applicant’s communication of 6/3/2024. Currently claims 1-10 are pending. Claims 1-3 are rejected and claims 4-10 are objected below.
Claim Objections
There are two sets of claims submitted on 6/3/2024. One set contains only claim 1 and the other set contains claims 1-10 from the PCT.
Examiner advises applicant to submit a complete set of claims and the status of the claims as appropriate.
Claims 4-10 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim 3. See MPEP § 608.01(n). Accordingly, the claims 4-10 have not been further treated on the merits.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2013/0172825 A1 (Forber)
Forber discloses a safety needle assembly (figure 1 and 20) comprising: a medical needle (13) having a distal and a proximal end and a stem extending there between, the needle having a tip (14) at its distal end, the proximal end of the needle being connectable to a fluid path (para [0028]), and the needle stem having a 8-90° bend (figure 2a),and a safety device comprising a base plate (bottom housing 22) and a housing (21), the base plate and the housing enclosing together a cavity (see space between 22 and 21), the safety device being slidably arranged on the needle stem distal from the bend (see 13 slidably disposed as in figures 2a and 3a), and the needle stem passing through a distal opening in the base plate and a proximal opening in the housing, the needle (see figure 2a) having an inserted position with the needle tip extending in distal direction from the base plate (again figure 2a) and a retracted position with the needle tip being in a position inside the cavity (figure 3a), characterized in that the housing (22) consists of a first part (21) attached to the base plate (as in figure 2a) and a second part (33) attached by means of extendible attachment elements (30) to the first part (21) wherein the proximal opening is arranged in the second part (33) of the housing, and wherein the attachment elements (30) allow a movement of the second part (33) of the housing relative to the first part (21) in the proximal direction of the needle stem between a first and a second position (see figures 2b and 3b); the needle stem comprises a dead stop (35) arranged distal from the proximal opening in the second part (33) of the housing that cannot pass through the opening (see para [0037], and [0047]).
Concerning claim 2 and the dead stop section of the needle stem section with a deformed cannula diameter or needle bend (see 35 of Forber).
Concerning claim 3 and the attachment elements are flexible (see 30 and material, function, and construction).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILLIP A GRAY whose telephone number is (571)272-7180. The examiner can normally be reached M-F 9-5 EST (FLEX).
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, Michael Tsai can be reached at (571)270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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PHILLIP A. GRAY
Primary Examiner
Art Unit 3783
/PHILLIP A GRAY/Primary Examiner, Art Unit 3783
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