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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hordum (US 2011/0282293 A1).
With regard to claims 1, 3, and 5, Hordum teaches a liquid medicine administration device comprising: a catheter configured to be left in place in a living body (Fig. 1 member 22); a catheter hub that holds a proximal end of the catheter (Fig. 1 member 7); a holder that holds the catheter hub (Fig. 1 member 1); an adhesive member that has an adhesive surface having adhesiveness and configured to be affixed onto a body surface of the living body, the adhesive member being fused to a back surface of the holder (Fig. 1 member 2); a release sheet that is overlaid on the adhesive surface so as to cover the adhesive member and is configured to be peeled off from the adhesive surface when the holder is fixed to the body surface (Figs. 2 members 31); and a fusion portion that extends along an outer periphery of the holder between the holder and the adhesive member and bonds the holder and the adhesive member to each other (Figs. 2C-3D portion(s) 32); wherein: the fusion portion comprises a general fusion portion, and a peeling assisting portion having a smaller bonding force than the general fusion portion ([0040]-[0046], spot welding may be used for fusion, in the areas where the weld is not present there is a smaller bonding force).
With regard to claim 2, see various configurations in Figs. 2C-3D, as shown in Figs. 2A and 2B the release sheet is pulled from the end in the area about 30, areas without a weld may be present in this location.
With regard to claim 4, there are areas without a weld interior to portions 32.
With regard to claim 6, see Figs. 2C-3D, the first portion is in the area of 12B when the catheter is inserted, the second portion is proximal to the first along which the remainder of member 1 is attached. There are areas without a weld between the portions.
With regard to claim 7, see Figs. 2A and 2C, hub body 7, side port is fluid connection with 17 which is held within 3, the tube is taken as the fluid connection to 6 in portion 8, areas of no weld are space away from 3 and are circumferentially positioned relative to 32 (Figs. 2E-2G, [0023], [0028]).
With regard to claim 8, Hordum teaches a liquid medicine administration device comprising: a catheter configured to be left in place in a living body (Fig. 1 member 22); a catheter hub (Fig. 1 member 7) that holds a proximal end of the catheter; a holder that holds the catheter hub (Fig. 1 member 1); an adhesive member that has an adhesive surface having adhesiveness and configured to be affixed onto a body surface of the living body, the adhesive member being fused to a back surface of the holder (Fig. 1 member 2); a release sheet that is overlaid on the adhesive surface so as to cover the adhesive member and is configured to be peeled off from the adhesive surface when the holder is fixed to the body surface (Figs. 2 members 31); a fusion portion that extends along an outer periphery of the holder between the holder and the adhesive member and bonds the holder and the adhesive member to each other, the fusion portion being a portion at which the back surface of the holder has been thermally welded to the adhesive member (Figs. 2C-3D portion(s) 32); and a non-fusion portion having a shape of a cut-out in the fusion portion ([0040]-[0046], spot welding may be used for fusion, there are areas where a weld is not present).
With regard to claim 9, Hordum teaches a liquid medicine administration device comprising: a catheter configured to be left in place in a living body (Fig. 1 member 22); a catheter hub that holds a proximal end of the catheter (Fig. 1 member 7); a holder that holds the catheter hub (Fig. 1 member 1); an adhesive member that has an adhesive surface having adhesiveness and configured to be affixed onto a body surface of the living body, the adhesive member being fused to a back surface of the holder (Fig. 1 member 2); a release sheet that is overlaid on the adhesive surface so as to cover the adhesive member and is configured to be peeled off from the adhesive surface when the holder is fixed to the body surface Figs. 2 members 31); and a fusion portion that extends along an outer periphery of the holder between the holder and the adhesive member and bonds the holder and the adhesive member to each other, wherein the fusion portion comprises: a first fusion portion at which the back surface of the holder has been thermally welded to the adhesive member at a first temperature (Figs. 2C-3D portion(s) 32), and a second fusion portion at which the back surface of the holder has been thermally welded to the adhesive member at a second temperature less than the first temperature such that a bonding force of the second fusion portion is less than a bonding force of the first fusion portion ([0040]-[0046], spot welding may be used for fusion, in the areas where the weld is not present this is taken as the second fusion portion with a lower temperature as the temperature is zero. The applicant is advised that patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process MPEP 2113. The same product occurs with the areas of no fusion).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bierman (US 2006/0270994 A1) discloses a catheter with a side port held in a holder on an adhesive pad.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY L SCHMIDT whose telephone number is (571)270-3648. The examiner can normally be reached Monday through Thursday 7:00 AM to 4:30 PM.
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, Kevin Sirmons can be reached at 571-272-4965. 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.
/EMILY L SCHMIDT/ Primary Examiner, Art Unit 3783
Prosecution Insights