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 1-7 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 “a portion of the catheter” in line 9. The phrase "a portion" renders the claim indefinite because it is unclear whether the limitation is the same or a part of the distal or proximal portions of the catheter previously claimed.
Claims 2-7 are similarly rejected by virtue of their dependency upon claim 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Slim et al. (U.S. Patent Pub. 20130102888) hereinafter Slim, and further in view of Gable et al. (U.S. Patent Pub. 20060189925), hereinafter Gable.
Regarding claim 1, Slim discloses an apparatus, comprising: a catheter (20, see FIG. 2) having a proximal end portion (right side of catheter in FIG. 2) and a distal end portion (left side of catheter in FIG. 2) and defining a lumen (internal lumen of catheter 20) extending through the proximal end portion and the distal end portion;
a housing (casing 11) configured to house at least a portion of the catheter, the housing having a proximal side (right side of housing in FIG. 2) and a distal side (left side of housing in FIG. 2) and having a first port (opening in casing 11 for lumen 48 on proximal side) configured to receive the proximal end portion of the catheter and a second port (opening in casing 11 for lumen 48 on distal side) configured to couple the housing to an indwelling vascular access device,
an actuator (handle 16 and core 18) configured to receive a portion of the catheter (see [0029]), the actuator configured to be moved in a distal direction along the housing to move the distal end portion of the catheter in the distal direction, from a first position to a second position (see [0032]),
the distal end portion of the catheter being disposed within the housing when in the first position, the distal end portion of the catheter extending through the second port such that the distal end portion of the catheter is distal to the housing when in the second position (see FIG. 2).
However, Slim does not expressly state wherein both the first port and the second port are disposed on the distal side of the housing.
Gable teaches a system for bodily fluid sampling and analysis (Abstract) wherein both the first port and the second port are disposed on the distal side of the housing (see ports for passageways 111 and 112/113 on housing 209, see FIG. 1A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the ports of Slim to be disposed on the distal side of the housing. Doing so allows for a closer connection from the housing to the patient and fluid supply, as taught by Gable (see FIG. 1A).
Allowable Subject Matter
Claims 2-7 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NELSON ALVARADO whose telephone number is (703) 756-5301. The examiner can normally be reached on M-F 8:30am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached on (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is (571)-273-8300. 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. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Nelson Alvarado/
Junior Examiner , Art Unit 3783
09/26/2026
/CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
