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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-8) in the reply filed on 7/31/2026 is acknowledged.
Claims 9-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II-V, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seddon (US 2004/0243104).
Re Claim 1, Seddon discloses an indwelling urinary catheter, comprising:
a catheter body (outer sheath 110) defining a lumen; and
an anchor (retention device 120) disposed at a distal end of the catheter body and transitionable between an insert mode and an anchor mode, the anchor comprising:
a first slit valve and a second slit valve each extending longitudinally and defining a first arm and a second arm ([0026] “at least two slits 124 that separate retention device 120 into two sections or wings 126”);
an indicator aperture (diagnostic port 116, [0025], the port serves an indicating function by allowing fluid to flow through and thus signals that the port and the anchor/retention device is completely within the bladder) disposed proximally of one or both of the first slit valve and the second slit valve (see Figs. 2A-2B), and configured to provide a first fluid flow to the lumen in both the insert mode and the anchor mode ([0028]); and
wherein the first slit valve and the second slit valve are each configured to define a drainage aperture (Fig. 2C, [0027] “The separated wings provide access to a drainage opening 128 in outer sheath 110 that serves as a drainage port in the inlet end portion 112.”) in the anchor mode to allow a second fluid flow into the lumen and prevent the second fluid flow into the lumen in the insert mode ([0027] and Fig. 2A shows the slit valves as being closed and thus fluid flow is prevented).
Re Claim 2, Seddon discloses claim 1 and further disclosing wherein the first fluid flow is less than the second fluid flow (it is inherent because the drainage aperture defined by the open slit valves are many times greater than the diagnostic port 116).
Re Claim 3, Seddon discloses claim 1 and further disclosing wherein the indicator aperture communicates with one of the first slit valve or the second slit valve (the diagnostic port 116 and the slit valves all allow fluid to enter the lumen of the catheter and are thus all in fluid communication with each other).
Re Claim 4, Seddon discloses claim 1 and further disclose wherein one or both of the indicator aperture and the drainage aperture extends through a side wall of the catheter body to communicate with the lumen (Figs. 2A-2C).
Re Claim 5, Seddon discloses claim 1 and further disclosing wherein the first arm and the second arm define a first outer diameter in the insert mode and a second outer diameter in the anchor mode, the first diameter being less than the second diameter (Fig. 2A shows the insert mode and Fig. 2C shows the anchor mode).
Allowable Subject Matter
Claims 6-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Re Claim 6, Seddon discloses the exact opposite of what is claimed. Seddon discloses (best seen in Fig. 4A) that the string (elongated strip 140, which extends proximally to breakable segment 158, release segment 156, locking segment 152 and eventually to handle 142) is coupled to a male/inner-sliding piece of a locking handle (locking segment 152 cooperates with locking device 160 to lock the elongated strip 140) while the catheter body (outer sheath 110) is coupled to the female/outer-sliding piece of the handle. Since Seddon further discloses a locking device (160, which includes gripper 162, lock 166, and spacer 164 to grip the proximal end of the catheter) and a stopper (144) to operate with the locking segment (152) on the elongated strip (140), it would not have been obvious to simply switch the coupling because that would render the device inoperable.
Claims 7-8 are allowable at least for being dependent on Claim 6.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUSAN S SU whose telephone number is (408)918-7575. The examiner can normally be reached M-F 9:00 - 5:00 Pacific.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SUSAN S SU/Primary Examiner, Art Unit 3781 15 September 2026
Prosecution Insights