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 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 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duijsens et al. (WO 2021078446 A1), hereinafter referred to as “Duijsens”.
Regarding Claim 1, Duijsens teaches an artery cannula (500, see Figures 14-20; pg. 6 line 26- pg. 7 line 16) comprising: a catheter (lower part of cannula 520, see Figure 14) inserted into a body (inserted into a patient) and having a tube form (see Figure 14); a main body (upper part 520 and 550) being in fluid communication with the catheter and having a graspable tube form (see Figure 14); and an auxiliary lumen (preformed channel 512) having an exit provided in an outer surface of the catheter (an exit indicated by arrow 540) and an inlet provided in an outer surface of the main body (an entrance indicated by arrow 530).
Regarding Claim 2, Duijsens further teaches wherein the auxiliary lumen is formed in an outer wall of the catheter and the main body (see Figure 14) and is separated from a main lumen that is provided at a center of the catheter and the main body (The main cannula 510 includes a preformed channel 512 in a rigid part of a sidewall of the main cannula, see pg. 6 lines 26-32).
Regarding Claim 3, Duijsens further teaches wherein the auxiliary lumen has a U shape (see Figures 15-16).
Regarding Claim 5, Duijsens further teaches a cannula set for ECMO (bi-directional perfusion cannula for use in peripheral veno-arterial extracorporeal membrane oxygenation of a patient, see Abstract), comprising: the artery cannula (500) according to claim 1; and a distal catheter that is inserted into the inlet provided in the main body and that is inserted into the body through the exit provided in the catheter (the preformed channel is configured to allow a secondary or reperfusion cannula 542 to pass through it for providing an anterograde blood supply, see pg.6 lines 26-32).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Duijsens (WO 2021078446 A1) in view of Mooney et al. (WO 0074760 A2), hereinafter referred to as “Mooney”.
Regarding Claim 4, Duijsens teaches all of the limitations as discussed above in claim 1. However, Duijsens do not explicitly disclose wherein the auxiliary lumen is provided in a plural number in a length direction of the main body and the catheter so that the plurality of auxiliary lumens is spaced apart from each other at predetermined intervals.
Mooney teaches a multiple lumen access device for use in providing a single entry port into the human body for selectively introducing medical implements therethrough and for providing simultaneous auxiliary access into the body (see Abstract) wherein the auxiliary lumen is provided in a plural number in a length direction of the main body and the catheter so that the plurality of auxiliary lumens is spaced apart from each other at predetermined intervals (access device 100 includes three separation barriers 132, 134 and 136 which, in combination with the interior surface of the outer tube 120 and exterior surface of the inner tube 126, form three auxiliary lumens 138, 140 and 142, see Figures 6-7).
Duijsens and Mooney are analogous art because both disclose a cannula used for the artery.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the auxiliary lumen and further include wherein the auxiliary lumen is provided in a plural number in a length direction of the main body and the catheter so that the plurality of auxiliary lumens is spaced apart from each other at predetermined intervals, as taught by Mooney. Mooney teaches it is beneficial for multiple lumen catheters since been developed which allow simultaneous introduction of two or more liquids into the vein. The central venous pressure catheter is a type of common multiple lumen catheter which allows the simultaneous introduction and withdrawal of fluids as well as the capability of monitoring blood pressure and other vital parameters (see pg. 2 lines 5-12).
Conclusion
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/ERIC RASSAVONG/ (7/8/2026)Examiner, Art Unit 3781 /JESSICA ARBLE/Primary Examiner, Art Unit 3781
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