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 1-5 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.
With regards to claim 1, “wherein when the sheath assembly is inserted in the catheter” is unclear. It is unclear whether the phrase is intended use of the device or is requiring a catheter as part of a system with the device. It is taken to be intended use as if it said “wherein the device is configured such that when the sheath assembly is inserted within a catheter” or something similar.
Claim 5 also blurs the intended use and system requiring the catheter line more. Claim 5 appears to require the catheter as it is recited as being inserted in the lines of the catheter. This is confusing as a catheter is not previously clearly positively recited as part of the device/system.
Dependent claims are rejected for the same reasons as which they depend.
Allowable Subject Matter
Claims 6-10 are allowed.
The following is an examiner’s statement of reasons for allowance:
The closest prior art is Ziebol et al. (US 2010/0106103). It teaches a device for disinfecting a catheter (p.1, 1.14-16), comprising:
- a stem (i.41 );
- an expandable member fixed at a front portion of the stem (i.5),
- the expandable member is wetted with a disinfectant (abstract, p.14, i.32-33); and
- a sheath assembly (i.11) housing the stem and the expandable member (fig.3),
- the sheath assembly includes a front end that is closed (fig.3, left part of i.11) and a plurality of slots near the front end (see the slots formed by i.14 and i.16).
Ziebol also teaches the use of the device for cleaning a catheter.
Ziebol et al. differs from the claimed invention in that:
i) the plurality of slots allow for outward expansion of the expandable member when the expandable member is pushed towards the front end by the stem,
ii) the sheath assembly is configured to be inserted within the catheter to bring the outward the expandable member in contact with an inner surface of the catheter through the slots to disinfect the catheter by pushing the stem as claimed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONALD R SPAMER whose telephone number is (571)272-3197. The examiner can normally be reached Monday to Friday from 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached at (571)272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DONALD R SPAMER/Primary Examiner, Art Unit 1799
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