DETAILED ACTION
This is a non-final Office action for Application 18/763,412 filed 07/03/2024.
Status of Claims
Claims 1-20 are pending;
Claims 1-11 are original; claims 12-20 are new;
Claims 1-20 are rejected herein.
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 statements (IDS) submitted 09/04/2024 and 07/22/2025 have been considered by the Examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature "wherein the conduit comprises one or more of an IV tube, a power cord, a cable, an oxygen tube, and a feeding tube" (claim 3, lines 1 and 2). must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings fail to show more than one tube/cable received and retained in each slot (102).
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature "wherein each of the slots defines a pair of fingers extending from the edge margin of the plate on either side of the slot between the pair of fingers" (claim 7, lines 1-3) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings fail to show a pair of fingers on either side, i.e., one side, of the slot between the pair of fingers.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature "A medical line organizing system for organizing a plurality of medical lines connected to one or more medical devices, the medical line organizing system comprising: a substantially planar plate comprising a first section and a second section separated by a perforation, the first and second sections each comprising a plurality of slots shaped and sized to receive and retain the plurality of medical lines; wherein the plate is configured to be split at the perforation to define a first organizer at the first section and a second organizer at the second section" (claim 12, lines 1-8). must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings fail to show the medical line organizing system of claim 12.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature "wherein the slots of the first organizer are configured to receive and retain a first group of medical lines, and the slots of the second organizer are configured to receive and retain a second group of medical lines different from the first group of medical lines" (claim 13, lines 1-4). must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings fail to show the medical line organizing system of claim 13.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature "wherein the first organizer is configured to receive and retain the plurality of medical lines at a first location, and the second organizer is configured to receive and retain the plurality of medical lines at a second location different from the first location to keep entire lengths of the medical lines organized" (claim 14, lines 1-5). must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings fail to show the medical line organizing system of claim 14.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature "wherein the first section comprises a different number of slots than the second section" (claim 15, lines 1 and 2). must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings fail to show the medical line organizing system of claim 15.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature "wherein each of the slots defines a pair of fingers extending from the edge margin of the respective plate on either side of the slot between the pair of fingers" (claim 19, lines 1-3) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings fail to show a pair of fingers on either side, i.e., one side, of the slot between the pair of fingers.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informality:
Paragraph 0001, line 1, "claim" appears to be --claims--.
Appropriate correction is required.
Claim Interpretation
Regarding claim 16, the limitation "first and second organizers" in line 4 is considered as --a first organizer and a second organizer--, since claim 16 recites the limitation "the first organizer" in line 7 and the limitation "the second organizer" in line 8.
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 3, 4, 7, and 17-20 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.
Regarding claim 3, the "conduit" is positively recited in the body of claim 3, "wherein the conduit comprises one or more of an IV tube, a power cord, a cable, an oxygen tube, and a feeding tube" in lines 1 and 2, as a required structure within the scope of claim 3, since the term "wherein" (line 1) introduces positive recitation(s) thereafter in the instant case. However, the "conduit" is functionally recited in the body of claim 2, "wherein each of the slots is shaped and sized to receive and retain a conduit" in lines 1 and 2, as a functional element that is not a required structure within the scope of claim 2. The positive recitation of the "conduit" in the body of claim 3, which requires the functional recitation of the "conduit" in the body of claim 2, renders the scope of claim 3 indefinite. It is not clear as to whether claim 3 is directed to a combination of the "organizer" and the "conduit" or directed to a subcombination of the "organizer" adapted to be used with the "conduit." Applicant is advised to clearly claim the combination in the preamble of clam 3 or properly place the "conduit" in intended use consistently throughout claim 3. For the purpose of examination, based on the positive recitation of the "conduit" in the body of claim 3, claim 3 is considered as directed to a combination that includes the "organizer" and the "conduit." Appropriate correction is required.
Regarding claim 4, the limitations "wherein the plate comprises a designated area associated with each of the slots for labeling the conduit received within the associated slot" in lines 1-3 are indefinite because they are amenable to two plausible claim constructions. Do the instant limitations mean --wherein the plate comprises one designated area, wherein the one designated area is associated with each of the slots for labeling the conduit received within the associated slot--- or --wherein the plate comprises a plurality of designated areas, wherein each of the designated areas is associated with a respective one of the slots for labeling the conduit received within the associated slot--? "[I]f a claim is amenable to two or more plausible claim constructions, the USPTO is justified in requiring the applicant to more precisely define the metes and bounds of the claimed invention by holding the claim… indefinite." Ex parte Miyazaki, 89 USPQ2d 1207, 1211 (BPAI 2008). Similar rejection applies to the limitations in claim 20 (lines 1-3). Appropriate correction is required.
Regarding claim 7, the limitations "wherein each of the slots defines a pair of fingers extending from the edge margin of the plate on either side of the slot between the pair of fingers" in lines 1-3 are indefinite. It is not clear as to how one pair of fingers (108) can possibly be positioned "on either side of the slot between the pair of fingers" as claimed. As shown in Figure 1, a first finger (108) is positioned on a first side of the slot (102) and a second finger (108) is positioned on a second side of the slot (102). Similar rejection applies to the limitations in claim 19 (lines 1-3). Appropriate correction is required.
Regarding claim 7, the limitation "the opening" in claim 7 (line 4) is indefinite. Based on the limitations in claim 7, lines 1-4, each pair of fingers defines an opening. As such, it is not clear as to whose opening, i.e., the opening of which pair of fingers, the limitation "the opening" in claim 7 (line 4) refers to. Similar rejection applies to the limitation "the opening" in claim 19 (line 5). Appropriate correction is required.
Regarding claim 7, the limitation "the narrow slot section" in claim 7 (line 5) is indefinite. Based on the limitations in claim 5, lines 1 and 2, each of the slots comprises a narrow slot section. As such, it is not clear as to whose narrow slot section, i.e., the narrow slot section of which one of the slots, the limitation "the narrow slot section" in claim 7 (line 5) refers to. Similar rejection applies to the limitation "the narrow slot section" in claim 19 (lines 5 and 6). Appropriate correction is required.
Regarding claim 7, the limitation "the pair of fingers" in claim 7 (lines 5 and 6) is indefinite. Based on the limitations in claim 7, lines 1-3, each of the slots defines a pair of fingers. As such, it is not clear as to which pair of fingers the limitation "the pair of fingers" in claim 7 (lines 5 and 6) refers to. Similar rejection applies to the limitation "the pair of fingers" in claim 19 (lines 3 and 6). Appropriate correction is required.
Regarding claim 17, the limitation "said slots" in claim 17 (line 1) is indefinite. Based on the limitations in claim 16 (lines 4-10), the plate of each of the first and second organizers comprises a plurality of slots. As such, it is not clear as to whose slots, i.e., the slots of the plate of which one of the first and second organizers, the limitation "said slots" in claim 17 (line 1) refers to. Similar rejection applies to the limitation "the keyhole-shaped slots" in claim 18 (lines 1 and 2) and the limitation "the slots" in claim 19 (lines 1 and 2). Appropriate correction is required.
Regarding claim 18, there is insufficient antecedent basis for the limitation "the edge" (claim 18, line 2) in the claim. Appropriate correction is required.
Regarding claim 20, there is insufficient antecedent basis for the limitation "the medical conduit" (lines 2 and 3) in the claim. Appropriate correction is required.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 7, 11-14, and 16-20, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Savagian et al. (US 7,073,282 B2), hereinafter Savagian.
Regarding claim 1, Savagian discloses an organizer (400, fig 1) comprising a substantially planar plate (400, fig 1) having a plurality of keyhole-shaped slots (401, 430, fig 1) formed therein along at least one edge margin of the plate (see Figure 1), the slots extending from an edge of the plate toward a central portion of the plate (see Figure 1).
Regarding claim 2, wherein each of the slots is shaped and sized to receive and retain a conduit (see Figure 1, see col 1, lines 17-20, col 2, lines 56-65, each of the slots 401, 430 is capable of performing the above intended use).
Regarding claim 3, wherein the conduit comprises one or more of an IV tube, a power cord, a cable, an oxygen tube, and a feeding tube (col 1, lines 17-20, col 2, lines 62-65).
Regarding claim 4, wherein the plate comprises a designated area (400a, fig 1, see annotation below, the middle area of the marker 400, where the indicia 410 is located) associated with each of the slots for labeling the conduit received within the associated slot (see Figure 1, see col 1, lines 17-20, col 2, lines 56-65, the designated area 400a is capable of performing the above intended use).
[AltContent: textbox (400a – Designated Area)][AltContent: arrow]
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Regarding claim 5, wherein each of the keyhole-shaped slots comprises a narrow slot section (430, fig 1) extending form the edge of the plate and terminating at a wide slot section (401, fig 1).
Regarding claim 7, wherein each of the slots defines a pair of fingers (400b, fig 1, see annotation, the fingers at the notch 440) extending from the edge margin of the plate on either side of the slot between the pair of fingers (see Figure 1), each pair of fingers defining an opening (440, fig 1) therebetween that is substantially wider than the narrow slot section of the slot therebetween (see Figure 1), the opening configured to facilitate insertion of a conduit into the narrow slot section between the pair of fingers (see Figure 1, see col 1, lines 17-20, col 2, lines 56-65, the opening 440 has the configuration to perform the above intended use).
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[AltContent: textbox (400b – Finger)][AltContent: arrow][AltContent: textbox (400b – Finger)][AltContent: arrow][AltContent: textbox (400b – Finger)][AltContent: arrow]
Regarding claim 11, wherein the plate is disposable (see Figure 1, see col 1, lines 17-20, col 2, lines 56-65, the marker 400 is capable of performing the above intended use).
Regarding claim 12, Savagian discloses a medical line organizing system (700, fig 4) for organizing a plurality of medical lines connected to one or more medical devices (see Figure 4, see col 1, lines 17-20, col 3, lines 28-46, the ribbon 760 is capable of performing the above intended use), the medical line organizing system comprising: a substantially planar plate (760, fig 4) comprising a first section (700A, fig 4, see annotation, the top marker 700) and a second section (700B, fig 4, see annotation, the marker immediately below the top marker 700A) separated by a perforation (720, fig 4), the first and second sections each comprising a plurality of slots (701, 730, fig 4) shaped and sized to receive and retain the plurality of medical lines (see Figure 4, see col 1, lines 17-20, col 3, lines 28-46, the markers 700 each are capable of performing the above intended use); wherein the plate is configured to be split at the perforation to define a first organizer (700A, fig 4, see annotation, the top marker 700) at the first section and a second organizer (700B, fig 4, see annotation, the marker immediately below the top marker 700A) at the second section (see Figure 4, see col 1, lines 17-20, col 3, lines 28-46, the ribbon 760 has the configuration to perform the above intended use).
[AltContent: textbox (700B – Second Section / Second Organizer)]
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[AltContent: textbox (700A – First Section / First Organizer)]
[AltContent: arrow]
[AltContent: arrow]
Regarding claim 13, wherein the slots of the first organizer are configured to receive and retain a first group of medical lines (see Figure 4, see col 1, lines 17-20, col 3, lines 28-46, the slots 701, 730 of the first organizer 700A have the configuration to perform the above intended use), and the slots of the second organizer are configured to receive and retain a second group of medical lines different from the first group of medical lines (see Figure 4, see col 1, lines 17-20, col 3, lines 28-46, the slots 701, 730 of the second organizer 700B have the configuration to perform the above intended use).
Regarding claim 14, wherein the first organizer is configured to receive and retain the plurality of medical lines at a first location (see Figure 4, see col 1, lines 17-20, col 3, lines 28-46, the first organizer 700A has the configuration to perform the above intended use), and the second organizer is configured to receive and retain the plurality of medical lines at a second location different from the first location to keep entire lengths of the medical lines organized (see Figure 4, see col 1, lines 17-20, col 3, lines 28-46, the second organizer 700B has the configuration to perform the above intended use).
Regarding claim 16, Savagian discloses a medical line organizing system (760, fig 4) for organizing a plurality of medical lines connected to one or more medical devices (see Figure 4, see col 1, lines 17-20, col 3, lines 28-46, the ribbon 760 is capable of performing the above intended use), the medical line organizing system comprising: first and second organizers (700A, 700B, fig 4, see annotation, the first organizer is the top marker 700; the second organizer is the marker 700 immediately below the top marker 700) each comprising a substantially planar plate (700, fig 4) comprising a plurality of slots (701, 730, fig 4) shaped and sized to receive and retain the plurality of medical lines (see Figure 4, see col 1, lines 17-20, col 3, lines 28-46, the slots 701, 730 are capable of performing the above intended use); wherein the first organizer is configured to receive and retain the plurality of medical lines at a first location (see Figure 4, see col 1, lines 17-20, col 3, lines 28-46, the first organizer 700A has the configuration to perform the above intended use), and the second organizer is configured to receive and retain the plurality of medical lines at a second location different from the first location to keep entire lengths of the medical lines organized (see Figure 4, see col 1, lines 17-20, col 3, lines 28-46, the second organizer 700B has the
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configuration to perform the above intended use).
[AltContent: textbox (700A – First Organizer)]
[AltContent: arrow]
[AltContent: arrow][AltContent: textbox (700B – Second Organizer)]
Regarding claim 17, wherein said slots comprise keyhole-shaped slots (701, 730, fig 4) formed along at least one edge margin of the respective plate (see Figure 4).
Regarding claim 18, wherein each of the keyhole-shaped slots comprises a narrow slot section (730, fig 4) extending from the edge of the respective plate and terminating at a wide slot section (701, fig 4).
Regarding claim 19, wherein each of the slots defines a pair of fingers (700C, fig 4, see annotation, the fingers at the notch 740) extending from the edge margin of the respective plate on either side of the slot between the pair of fingers (see Figure 4), each pair of fingers defining an opening (740, fig 4) therebetween that is substantially wider than the narrow slot section of the slot therebetween (see Figure 4), the opening configured to facilitate insertion of a medical line into the narrow slot section between the pair of fingers (see Figure 4, see col 1, lines 17-20, col 3, lines 28-46, the opening 740 has the configuration to perform the above intended use)
[AltContent: textbox (700C – Finger)][AltContent: arrow]
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[AltContent: textbox (700C – Finger)][AltContent: arrow][AltContent: arrow]
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (700C – Finger)]
[AltContent: textbox (700C – Finger)][AltContent: textbox (700C – Finger)]
[AltContent: textbox (700C – Finger)]
Regarding claim 20, wherein each plate comprises a designated area (400D, fig 1, see annotation below, the middle area of the marker 700) associated with each of the slots for labeling the medical line received within the associated slot (see Figures 1 and 4, see col 1, lines 17-20, col 3, lines 28-46, the designated area 400D is capable of performing the above intended use).
[AltContent: arrow]
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[AltContent: textbox (700D – Designated Area)][AltContent: arrow]
[AltContent: textbox (700D – Designated Area)]
Claims 1-3, 5, 7, 11, and 16-18, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Underwood (US 4,654,026).
Regarding claim 1, Underwood discloses an organizer (40, fig 4) comprising a substantially planar plate (40, fig 4) having a plurality of keyhole-shaped slots (42, 43, fig 4) formed therein along at least one edge margin of the plate (see Figure 4), the slots extending from an edge of the plate toward a central portion of the plate (see Figure 4).
Regarding claim 2, wherein each of the slots is shaped and sized to receive and retain a conduit (see Figure 4, see col 5, lines 29-39, each of the slots 42, 43 is capable of performing the above intended use).
Regarding claim 3, wherein the conduit comprises one or more of an IV tube, a power cord, a cable, an oxygen tube, and a feeding tube (see Figure 4, see col 5, lines 29-39).
Regarding claim 5, wherein each of the keyhole-shaped slots comprises a narrow slot (43, fig 4) section extending form the edge of the plate and terminating at a wide slot section (42, fig 4).
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Regarding claim 7, wherein each of the slots defines a pair of fingers (40a, fig 4, see annotation, the fingers at the notch 45) extending from the edge margin of the plate on either side of the slot between the pair of fingers (see Figure 4), each pair of fingers defining an opening (45, fig 4) therebetween that is substantially wider than the narrow slot section of the slot therebetween (see Figure 4), the opening configured to facilitate insertion of a conduit into the narrow slot section between the pair of fingers (see Figure 4, see col 5, lines 29-39, the opening 45 has the configuration to perform the above intended use).
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (40a – Finger)]
[AltContent: textbox (40a – Finger)]
[AltContent: textbox (40a – Finger)]
[AltContent: textbox (40a – Finger)]
Regarding claim 11, wherein the plate is disposable (see Figure 4, see col 5, lines 29-39, the separator 40 is capable of performing the above intended use).
Regarding claim 16, Underwood discloses a medical line organizing system (25, fig 1) for organizing a plurality of medical lines connected to one or more medical devices (see Figures 1-3, see col 3, lines 59-68, col 2, lines 1-68, col 3, lines 1-28, the medical line organizing system 25 is capable of performing the above intended use), the medical line organizing system comprising: first and second organizers (25, fig 1, the first organizer is the uppermost separator 25 and the second organizer is the bottommost separator 25) each comprising a substantially planar plate (25, fig 2) comprising a plurality of slots (30, 32, fig 2) shaped and sized to receive and retain the plurality of medical lines (see Figures 1-3, see col 3, lines 59-68, col 2, lines 1-68, col 3, lines 1-28, the slots 30, 32 are capable of performing the above intended use); wherein the first organizer is configured to receive and retain the plurality of medical lines at a first location (see Figures 1-3, see col 3, lines 59-68, col 2, lines 1-68, col 3, lines 1-28, the uppermost separator 25 has the configuration to perform the above intended use), and the second organizer is configured to receive and retain the plurality of medical lines at a second location different from the first location to keep entire lengths of the medical lines organized (see Figures 1-3, see col 3, lines 59-68, col 2, lines 1-68, col 3, lines 1-28, the bottommost separator 25 has the configuration to perform the above intended use),.
Regarding claim 17, wherein said slots comprise keyhole-shaped slots (30, 32, fig 2) formed along at least one edge margin of the respective plate (see Figure 2).
Regarding claim 18, wherein each of the keyhole-shaped slots comprises a narrow slot section (32, fig 2) extending from the edge of the respective plate and terminating at a wide slot section (30, fig 2).
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.
Claims 4 and 20, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Underwood (US 4,654,026) in view of Shuman et al. (US 8,679,065 B2), hereinafter Shuman.
Regarding claim 4, Underwood does not explicitly disclose the organizer, wherein the plate comprises a designated area associated with each of the slots for labeling the conduit received within the associated slot.
Shuman teaches an organizer (10, fig 4A) comprising a plate (28, fig 4A, see annotation, the rightmost panel 28) having a plurality of keyhole-shaped slots (32, 34, fig 3, also see annotation in Figure 4A) formed therein along at least one edge margin of the plate (see Figure 4A), the slots extending from an edge of the plate toward a central portion of the plate (see Figure 4A), wherein the plate comprises a designated area (28a, fig 4A, see annotation, the rectangular area adjacent to the slot 32, 34) associated with each of the slots for labeling a conduit received within the associated slot (see Figures 4A and 5, the rectangular area 28a is capable of performing the above intended use).
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[AltContent: textbox (28)]
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[AltContent: textbox (28a – Designated Area)][AltContent: arrow][AltContent: arrow][AltContent: textbox (34 )][AltContent: arrow][AltContent: textbox (32 )]
Underwood and Shuman are analogous art because they are at least from the same field of endeavor, i.e., organizers. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the plate (Underwood: 40, fig 4) with a designated area (Shuman: 28a, fig 4A, see annotation) associated with each of the slots (Underwood: 42, 43, fig 4) for labeling the conduit received within the associated slot (Shuman: see Figures 4A and 5, the rectangular area 28a is capable of performing the above intended use), as taught by Shuman, with a reasonable expectation of success. The motivation would have been to allow the user to place an indicia or label on the separator for easily identifying lines without any labels printed thereon. Therefore, it would have been obvious to combine Underwood and Shuman to obtain the invention as specified in claim 4.
Regarding claim 20, Underwood does not explicitly disclose the medical line organizing system, wherein each plate comprises a designated area associated with each of the slots for labeling the medical line received within the associated slot.
Shuman teaches an organizer (10, fig 4A) comprising a plate (28, fig 4A, see annotation, the rightmost panel 28) having a plurality of keyhole-shaped slots (32, 34, fig 3, also see annotation in Figure 4A) formed therein along at least one edge margin of the plate (see Figure 4A), the slots extending from an edge of the plate toward a central portion of the plate (see Figure 4A), wherein the plate comprises a designated area (28a, fig 4A, see annotation, the rectangular area adjacent to the slot 32, 34) associated with each of the slots for labeling the medical line received within the associated slot (see Figures 4A and 5, the rectangular area 28a is capable of performing the above intended use).
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[AltContent: textbox (28)][AltContent: arrow][AltContent: textbox (32 )][AltContent: arrow][AltContent: textbox (34 )][AltContent: arrow][AltContent: arrow][AltContent: textbox (28a – Designated Area)]
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the plate (Underwood: 25, fig 2) of each of the first and second organizers (Underwood: 25, fig 1, the first organizer is the uppermost separator 25 and the second organizer is the bottommost separator 25) with a designated area (Shuman: 28a, fig 4A, see annotation) associated with each of the slots (Underwood: 30, 32, fig 2) for labeling the medical line received within the associated slot (Shuman: see Figures 4A and 5, the rectangular area 28a is capable of performing the above intended use), as taught by Shuman, with a reasonable expectation of success. The motivation would have been to allow the user to place an indicia or label on each separator for easily identifying lines without any labels printed thereon. Therefore, it would have been obvious to combine Underwood and Shuman to obtain the invention as specified in claim 20.
Claims 6, 8-10, and 19, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Underwood (US 4,654,026), alone.
Regarding claim 6, Underwood discloses the organizer, wherein the wide slot section of each of the slots is substantially circular in shape (see Figure 4) and has a diameter (see Figure 4).
Underwood does not explicitly disclose the organizer, wherein the wide slot section of each of the slots has a diameter between about 0.15 inches and about 0.07 inches.
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to form the wide slot section (42, fig 4) of each of the slots (42, 43, fig 4) with a diameter between about 0.15 inches and about 0.07 inches, with a reasonable expectation of success, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). The motivation would have been to form the slots of the separator with appropriate sizes to accommodate lines with various sizes. Therefore, it would have been obvious to modify Underwood to obtain the invention as specified in claim 6.
Regarding claim 8, Underwood discloses the organizer, wherein each of the slots has a length (see Figure 4).
Underwood does not explicitly disclose the organizer, wherein each of the slots has a length of at least about 0.3 inches.
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to form each of the slots (42, 43, fig 4) with a length of at least about 0.3 inches, with a reasonable expectation of success, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). The motivation would have been to form the slots of the separator with appropriate sizes to securely retain lines therein. Therefore, it would have been obvious to modify Underwood to obtain the invention as specified in claim 8.
Regarding claim 9, Underwood discloses the organizer, wherein the plate has a thickness (see Figure 4).
Underwood does not explicitly disclose the organizer, wherein the plate has a thickness between about 0.2 inches and 0.4 inches.
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to form the plate (40, fig 4) with a thickness between about 0.2 inches and 0.4 inches, with a reasonable expectation of success, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). The motivation would have been to form the separator with an appropriate size to securely retain lines therein. Therefore, it would have been obvious to modify Underwood to obtain the invention as specified in claim 9.
Regarding claim 10, Underwood does not explicitly disclose the organizer, wherein the plate comprises EVA foam.
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to form the plate (40, fig 4) with EVA foam, with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. The motivation would have been to provide the separator with great flexibility and exceptional cushioning for the lines placed therein. Therefore, it would have been obvious to modify Underwood to obtain the invention as specified in claim 10.
Regarding claim 19, Underwood discloses the medical line organizing system, wherein each of the slots defines a pair of fingers (25a, fig 2, see annotation, the fingers at the slots 30, 32) extending from the edge margin of the respective plate on either side of the slot between the pair of fingers (see Figure 2).
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Underwood does not disclose the medical line organizing system, wherein each pair of fingers defines an opening therebetween that is substantially wider than the narrow slot section of the slot therebetween, the opening configured to facilitate insertion of a medical line into the narrow slot section between the pair of fingers.
Underwood teaches an alternate organizer (40, fig 4) comprising a substantially planar plate (40, fig 4) having a plurality of keyhole-shaped slots (42, 43, fig 4) formed therein along at least one edge margin of the plate (see Figure 4), the slots extending from an edge of the plate toward a central portion of the plate (see Figure 4), wherein each of the slots defines a pair of fingers (40a, fig 4, see annotation, the fingers at the notch 45) extending from the edge margin of the plate on either side of the slot between the pair of fingers (see Figure 4), each pair of fingers defining an opening (45, fig 4) therebetween that is substantially wider than the narrow slot section of the slot therebetween (see Figure 4), the opening configured to facilitate insertion of a medical line into the narrow slot section between the pair of fingers (see Figure 4, see col 5, lines 29-39, the opening 45 has the configuration to perform the above intended use).
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Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have each pair of fingers (25a, fig 2, see annotation) of each of the first and second organizers define an opening (45, fig 4) therebetween that is substantially wider than the narrow slot section (32, fig 2) of the slot (30, 32, fig 2) therebetween (see Figure 4), the opening configured to facilitate insertion of a medical line into the narrow slot section between the pair of fingers (see Figure 4, see col 5, lines 29-39, the opening 45 has the configuration to perform the above intended use), as taught by Underwood, with a reasonable expectation of success. The motivation would have been to allow the lines to be inserted into the slots of the separators more easily. Therefore, it would have been obvious to modify Underwood to obtain the invention as specified in claim 19.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Underwood (US 4,654,026) in view of Gallucci et al. (US 2017/0299091 A1), hereinafter Gallucci.
Regarding claim 12, Underwood discloses a medical line organizing system (25, fig 1) for organizing a plurality of medical lines connected to one or more medical devices (see Figures 1-3, see col 3, lines 59-68, col 2, lines 1-68, col 3, lines 1-28, the medical line organizing system 25 is capable of performing the above intended use), the medical line organizing system comprising: a first substantially planar plate section (25, fig 1, the uppermost separator 25) defining a first organizer (25, fig 1) and a second substantially planar plate section (25, fig 1, the bottommost separator 25) defining a second organizer (25, fig 1), the first and second sections each comprising a plurality of slots (30, 32, fig 2) shaped and sized to receive and retain the plurality of medical lines (see Figures 1-3, see col 3, lines 59-68, col 2, lines 1-68, col 3, lines 1-28, the slots 30, 32 are capable of performing the above intended use).
Underwood does not disclose the medical line organizing system comprising: a substantially planar plate comprising the first section and the second section separated by a perforation, wherein the plate is configured to be split at the perforation to define the first organizer at the first section and the second organizer at the second section.
Gallucci teaches a medical line organizing system (100, fig 1) for organizing a plurality of medical lines connected to one or more medical devices (see Figure 1, see paragraph 0030, the multi-conduit assembly 100 is capable of performing the above intended use), the medical line organizing system comprising: an assembly (100, fig 1) comprising a first section (1011, 1012, fig 1) and a second section (106, fig 1) separated by a perforation (120, fig 1); wherein the assembly is configured to be split at the perforation to define a first organizer (1011, 1012, fig 1) at the first section and a second organizer at the second section (106, fig 1, paragraph 0036).
Gallucci is analogous art because it is at least from the same field of endeavor, i.e., organizers. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to from the first substantially planar plate section (Underwood: 25, fig 1, the uppermost separator 25) and the second substantially planar plate section (Underwood: 25, fig 1, the bottommost separator 25) as a substantially planar plate with a perforation (Gallucci: 120, fig 1) separating the first substantially planar plate section from the second substantially planar plate section (Gallucci: see Figure 1; Underwood: see Figure 1), wherein the plate is configured to be split at the perforation to define a first organizer (Underwood: 25, fig 1, the uppermost separator 25) at the first section and a second organizer at the second section (Underwood: 25, fig 1, the bottommost separator 25; Gallucci: see Figure 1, see paragraph 0036), as taught by Gallucci, with a reasonable expectation of success. The motivation would have been to allow the separators to be formed from a larger plate, which could be usable as one separator to accommodate a large number of lines and be separable into smaller separators to accommodate a small number of lines, as desired by the user. Therefore, it would have been obvious to combine Underwood and Gallucci to obtain the invention as specified in claim 12.
Accordingly, Underwood, as modified by Gallucci with respect to claim 12, teaches a medical line organizing system (Underwood: 25, fig 1; after modification, the uppermost separator 25 of Underwood and the lowermost separator 25 of Underwood are joined by the perforation 120 of Gallucci) for organizing a plurality of medical lines connected to one or more medical devices (Underwood: see Figures 1-3, see col 3, lines 59-68, col 2, lines 1-68, col 3, lines 1-28, the medical line organizing system 25 is capable of performing the above intended use), the medical line organizing system comprising: a substantially planar plate (Underwood: 25, fig 1; after modification, the substantially planar plate is formed by the uppermost separator 25 of Underwood, the lowermost separator 25 of Underwood, and the perforation 120 of Gallucci joining the uppermost separator 25 of Underwood and the lowermost separator 25 of Underwood) comprising a first section (Underwood: 25, fig 1, the uppermost separator 25) and a second section (Underwood: 25, fig 1, the bottommost separator 25) separated by a perforation (Gallucci: 120, fig 1), the first and second sections each comprising a plurality of slots (Underwood: 30, 32, fig 2) shaped and sized to receive and retain the plurality of medical lines (Underwood: see Figures 1-3, see col 3, lines 59-68, col 2, lines 1-68, col 3, lines 1-28, the slots 30, 32 are capable of performing the above intended use); wherein the plate is configured to be split at the perforation to define a first organizer (Underwood: 25, fig 1, the uppermost separator 25) at the first section and a second organizer (Underwood: 25, fig 1, the bottommost separator 25) at the second section (Gallucci: see Figure 1, see paragraph 0036; Underwood: see Figure 1).
Regarding claim 13, wherein the slots of the first organizer are configured to receive and retain a first group of medical lines (Underwood: see Figures 1-3, see col 3, lines 59-68, col 2, lines 1-68, col 3, lines 1-28, the slots 30, 32 of the uppermost separator 25 have the configuration to perform the above intended use), and the slots of the second organizer are configured to receive and retain a second group of medical lines different from the first group of medical lines (Underwood: see Figures 1-3, see col 3, lines 59-68, col 2, lines 1-68, col 3, lines 1-28, the slots 30, 32 of the bottommost separator 25 have the configuration to perform the above intended use).
Regarding claim 14, wherein the first organizer is configured to receive and retain the plurality of medical lines at a first location (Underwood: see Figures 1-3, see col 3, lines 59-68, col 2, lines 1-68, col 3, lines 1-28, the uppermost separator 25 has the configuration to perform the above intended use), and the second organizer is configured to receive and retain the plurality of medical lines at a second location different from the first location to keep entire lengths of the medical lines organized (Underwood: see Figures 1-3, see col 3, lines 59-68, col 2, lines 1-68, col 3, lines 1-28, the bottommost separator 25 has the configuration to perform the above intended use).
Regarding claim 15, Underwood, as modified by Gallucci with respect to claim 12, does not teach the medical line organizing system, wherein the first section comprises a different number of slots than the second section.
Gallucci teaches a medical line organizing system (100, fig 6A) for organizing a plurality of medical lines connected to one or more medical devices (see Figure 6A, the multi-conduit assembly 100 is capable of performing the above intended use), the medical line organizing system comprising: an assembly (600, fig 6A) comprising a first section (230a, fig 6A) and a second section (230b, fig 6A), wherein the first section comprises a different number of conduits than the second section (see Figure 6A, see paragraph 0011).
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to form the first section (Underwood: 25, fig 1, the uppermost separator 25) with a different number of slots (Underwood: 30, 32, fig 2) than the second section (Underwood: 25, fig 1, the bottommost separator 25; Gallucci: see Figure 6A, see paragraph 0011), as taught by Gallucci, with a reasonable expectation of success. The motivation would have been to provide smaller separators of various sizes to accommodate different needs of the user. Therefore, it would have been obvious to combine Underwood and Gallucci to obtain the invention as specified in claim 15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. See the attached PTO-892 for various organizers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Guang H Guan whose telephone number is (571) 272-7828. The examiner can normally be reached weekdays (10:00 AM - 6:00 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G. H. G./Examiner, Art Unit 3631
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631