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 § 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 1-21 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.
Claims 1 and 13 recite "to vent air bubbles from a collected blood sample within the collection chamber". This phrase is unclear and leaves the reader in doubt as to the meaning of the technical features to which it refers. Clarification is requested via amendments.
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.
Claim(s) 1-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ivosevic et al. (USPN 2021/0315498-Cited by the Applicant)
Regarding claim 1, Ivosevic et al. discloses an arterial blood collection system (10), comprising: an arterial blood collection element (14) defining a collection chamber (20); and an arterial blood module (16)) removably connectable to a portion of the arterial blood collection element (see fig.9), the arterial blood module comprising:
a hub body (30); a needle (32) extending from the hub body; a safety shield engaged with a portion of the hub body and transitionable from a first shield position in which a portion of the needle is exposed to a second shield position in which the needle is shielded by a portion of the safety shield; and a venting chamber (60), wherein the venting chamber is in fluid communication with the hub body to vent air bubbles from a collected blood sample within the collection chamber (20). See [0040]-[0042],[0066]-[0068].
Regarding claim 2, Ivosevic et al. discloses the arterial blood module further comprises an actuator transitionable from a first actuator position to a second actuator position, wherein the second actuator position releases the safety shield to the second shield position. See ([0059], figure 3 actuator 52).
Regarding claim 3, Ivosevic et al. discloses the actuator comprises a push button. See figures 5-9, 14, [0070]-[0075].
Regarding claim 4, Ivosevic et al. discloses the safety shield comprises telescoping shields (figures 5-9, 14, [0070]-[0075]).
Regarding claim 5, Ivosevic et al. discloses the venting chamber is formed within the actuator ([0059], figure 3 actuator 52, figures 11, 12, venting chamber 60, [0066]).
Regarding claim 6, Ivosevic et al. discloses the hub body of the arterial blood module defines the venting chamber (figures 11, 12, venting chamber 60, [0066]).
Regarding claim 7, Ivosevic et al. discloses the arterial blood module further comprises a venting plug that allows air to pass therethrough and prevents a blood sample from passing therethrough, wherein a portion of the venting plug is in communication with the venting chamber (see figure 11, venting plug 62, [0065]).
Regarding claim 8, Ivosevic et al. discloses the needle and safety shield are selectively removable from the hub body (figures 5-9, 14, [0070]-[0075]).
Regarding claim 9, Ivosevic et al. discloses the needle and safety shield are removable from the hub body only when the safety shield is in the second shield position (figures 5-9, 14, [0070]-[0075]).
Regarding claim 10, Ivosevic et al. discloses the actuator comprises an actuator lever and stopcock valve (figures 5-9, 14, [0070]-[0075]).
Regarding claim 11, Ivosevic et al. discloses the arterial blood collection module further comprises an eccentric needle carrier, the eccentric needle carrier comprising a needle carrying portion coupled to and in fluid communication with the needle, a venting chamber portion, and a rotatable lever portion (figures 5-9, 14, [0070]-[0075]).
Regarding claim 12, Ivosevic et al. discloses an insert positioned at a distal end of an interior portion of the safety shield to seal an opening in the safety shield when in the second shield position in which the needle is shielded by a portion of the safety shield (figures 5-9, 14, [0070]-[0075]).
Regarding claim 13, Ivosevic et al. discloses an arterial blood module (16), comprising: a hub body (30); a needle (32) extending from the hub body; a safety shield (38) engaged with a portion of the hub body and transitionable from a first shield position in which a portion of the needle is exposed to a second shield position in which the needle is shielded by a portion of the safety shield; and a venting chamber (60), wherein the venting chamber is in fluid communication with the hub body to vent air bubbles from a collected blood sample within the collection chamber (20). See [0040]-[0042],[0066]-[0068].
Regarding claim 14, Ivosevic et al. discloses the arterial blood module (16) is removably connectable to a portion of an arterial blood collection element (figure 9, [0070]-[0075]).
Regarding claim 15, Ivosevic et al. discloses the arterial blood module is connectable to a portion of the arterial blood collection element by way of a threaded luer connection (figures 5-9, [0070]-[0075]).
Regarding claim 16, Ivosevic et al. discloses the arterial blood module further comprises an actuator transitionable from a first actuator position to a second actuator position, wherein the second actuator position releases the safety shield to the second shield position. See ([0059], figure 3 actuator 52).
Regarding claim 17, Ivosevic et al. discloses the venting chamber is formed within the actuator. See ([0059], figure 3 actuator 52).
Regarding claim 18, Ivosevic et al. discloses the actuator comprises a push button. See figures 5-9, 14, [0070]-[0075].
Regarding claim 19, Ivosevic et al. discloses the actuator comprises an actuator lever and stopcock valve (figures 5-9, 14, [0070]-[0075]).
Regarding claim 20, Ivosevic et al. discloses the hub body of the arterial blood module defines the venting chamber (figures 11, 12, venting chamber 60, [0066]).
Regarding claim 21, Ivosevic et al. discloses venting plug that allows air to pass therethrough and prevents a blood sample from passing therethrough, wherein a portion of the venting plug is in communication with the venting chamber (see figure 11, venting plug 62, [0065]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
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/MARJAN FARDANESH/Primary Examiner, Art Unit 3791
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