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 Objections
Claim 19 is objected to because of the following informalities: the claim contains a typographical error. Apparently, the word “ad” should read “and”.
Claim 21 is objected to because of the following informalities: the claim contains a typographical error. Apparently, the word “tube17” should read “tube”.
Claim 21 appears to be composed of multiple sentences. Periods may not be used elsewhere in the claims except for abbreviations. See MPEP 608.01(m).
Appropriate correction is required.
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 1-16 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.
Claim 1 recites the limitation "the lumen of the medical device". There is insufficient antecedent basis for this limitation in the claim because the claim does not introduce a lumen of the medical device. For purposes of examination, the limitation will be read as “a lumen of the medical device”.
Claim 1 recites the limitation "the proximal end" in line 7. There is insufficient antecedent basis for this limitation in the claim because the claim does not introduce a proximal end. For purpose of examination, the limitation will be read as “a proximal end”.
Claim 9 recites the limitation "the fluid and pump system" . There is insufficient antecedent basis for this limitation in the claim because the claim does not introduce a pump system. For purpose of examination, Claim 9 will be read as depending from Claim 8, which positively recites a pump system.
Claim 17 recites the limitation "the fluid reservoir" . There is insufficient antecedent basis for this limitation in the claim because the claim does not introduce a fluid reservoir. For purpose of examination, the limitation will be read as “a fluid reservoir”.
Claim 17 recites the limitation "the UV light source" . There is insufficient antecedent basis for this limitation in the claim because the claim does not introduce a UV light source. For purpose of examination, the limitation will be read as “a UV light source”.
Claim 21 recites the limitation “the fluid reservoir” in line 2. There is insufficient antecedent basis for this limitation in the claim because the claim does not introduce a fluid reservoir. For purposes of examination, the limitation will be read as a “fluid reservoir”.
Claim 21 recites the limitations “an elongated tube having a distal opening coupled to [a] fluid reservoir via a tube” and “a fluid source coupled to the elongated tube configured to deliver a fluid through the elongated tube from the distal opening of the elongated tube.” It is not clear whether the fluid reservoir and the fluid source are discreet or the same structures.
Claims 2-16, 18-20, and 22-24 are indefinite as they depend from an indefinite base and fail to cure the deficiencies of said claim.
Allowable Subject Matter
Claims 1-24 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action
The following is a statement of reasons for the indication of allowable subject matter: The reviewed prior art does not anticipate or fairly suggest a system or method for disinfecting a medical device having all the features of the pending claims. The closest prior art of record is that of Bak (US201/0205498) who teaches a liquid filled light distributor to be inserted within a medical device and Nath (US 3,995,934) who teaches a flexible light guide coupled to a liquid reservoir.
However, neither teaches a fluid reservoir coupled to the distal end of the elongated tube and configured to deliver a fluid through the lumen to the proximal end of the lumen, with a UV light source coupled to the proximal end as required by the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATASHA CAMPBELL whose telephone number is (571)270-7382. The examiner can normally be reached Monday-Friday 9:00 AM- 5:00 PM EST.
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/NATASHA N CAMPBELL/Primary Examiner, Art Unit 1714