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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
DETAILED ACTION
This is the first non-final office action for application #19/006895, Discreet Health System and Apparatus For Intravenous Infusion Equipment, filed 12/31/24. Claims 1-20 are pending.
Election/Restrictions
Applicant’s election without traverse of Species 2 (Figures 2A-2B) in the reply filed on 7/13/26 is acknowledged. Claims 5-10, and 14-20 were withdrawn.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 209.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 208.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the at least one hook coupled via at least one pin joint to allow the at least one hook to fold must be shown or the feature(s) canceled from the claim(s). No new matter will be entered and therefore any structure not originally depicted in the Figures should be deleted from the claims.
The drawings are objected to because the line quality of the hooks and housing in figures 1A-1B, 2A-2B is poor and the hooks and sidewalls of the housing in Figure 2B are barely visible.
The drawings are objected to because the functionality of the base sleeve as depicted in unclear. The base sleeve in the specification, regardless of which embodiment is being disclosed, is not taught as being moveable. Rather, the base sleeve is attached to the housing, either extending out of the housing or creating the cavity within the housing. It is then either the extending arm, or a combination of the extending arm and intermediate arm that telescopes with respect to the base sleeve. However, in Figures 2A and 2B, which is the elected invention, the base sleeve (204) is depicted as significantly extending above the plant in Figure 2B, and then appears to be collapsed in Figure 2A. This is unclear since this was not disclosed in the specification. Additionally, the length of the base sleeve as depicted in Figure 2B would not be able to collapse into the housing to arrive at what is depicted in Figure 2A. If the pole is a different embodiment than shown in the other embodiments, then the structure is not clear since the connection between the pole and the housing is obscured by the plant.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 3, 4, 11 and 13 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 pre-AIA the applicant regards as the invention.
Regarding Claim 3:
-There is no antecedent basis for “the collapsed position”.
-Additionally, it is unclear if the hook being folded is only possible in the collapsed position. The Examiner notes that the pin joint or the hook being foldable was not in the drawings.
Regarding Claim 4:
-The phrase “sufficiently raised” is indefinite. It is claimed that the pole is sufficiently raised to “clear the concealing member to provide access to the at least one hook”. It is unclear if this means that the hook has to be completely located above the concealing member where no portion of the hook or equipment contacts the concealing member, or if any position that the user can access the hook to place the infusion equipment thereon is ‘sufficient’.
Regarding Claim 11:
-It is claimed that the base sleeve is “at least partially concealed in the housing unit”. This is unclear. The connection between the base sleeve and housing unit for the elected invention of Figures 2A and B is not depicted in the Figures and not explained in detail in the specification. Species 1 teaches the base sleeve fixed to the housing unit and extending out of the housing unit. Species 3 teaches the base sleeve fixed within the housing unit. The connection of Species 2 is not clearly disclosed.
Regarding Claim 13:
-It is claimed that the at least one hook extends from “a distal end of the extending arm”. This makes it unclear if this is a different distal end than previously claimed.
-It is further claimed that the at least one hook “extends from the concealing member”. The concealing member in the invention is a plant. It is not clear how the hook could extend from the plant, unless this is referring to the telescoping of the pole.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4, and 11-13 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by https://www.thegreenhead.com/2008/06/self-watering-iv-pot.php#google_vignette (hereinafter ‘GreenHead’).
Regarding Claim 1, GreenHead teaches an apparatus for disguising intravenous infusion equipment (since the equipment is concealed by the plant as depicted in the Figures), comprising:
a housing unit (black or white base) that comprises a concealing member (plant) that is configured to at least partially conceal a telescoping pole therein (pole is adjustable as described in the #Features section, ‘adjustable metal rod’);
the telescoping pole (pole is adjustable as described in the #Features section, ‘adjustable metal rod’ and as depicted in the figures), comprising:
a base sleeve (lower portion of metal rod that is attached to the base) coupled to the housing unit (white or black base),
an extending arm (upper portion of metal rod that comprises the hook) movably coupled to the base sleeve (telescoped within it as depicted with locking structure therebetween), wherein the extending arm is configured to move relative to the base sleeve, and
at least one hook (at upper end of rid that supports the infusion equipment) coupled to a distal end (upper end) of the extending arm.
Regarding Claim 2, GreenHead teaches the apparatus of claim 1, wherein the telescoping pole has a collapsed position wherein the extending arm is at least partially within the base sleeve (since the pole is adjustable when the upper portion is the furthest within the base sleeve, that would be the collapsed position); and wherein the extending arm is at least partially concealed by the concealing member in the collapsed position (as depicted in the figures with the black base).
Regarding Claim 4, as best understood, GreenHead teaches the apparatus of claim 1, further comprising an extended position wherein the at least one hook is sufficiently raised from the housing unit to clear the concealing member to provide access to the at least one hook. Since the pole is adjustable, any position adjusted from the collapsed position would be considered an ‘extended position’. The limitation of being “sufficiently raised” to clear the concealing member is completely dependent upon the size of the concealing member, and the interpretation of the claim language. For example, GreenHead shows in the closeup figure of the IV bag, that the hook has “cleared” the branches of the plant and the hook is accessible to place or remove the IV bag.
Regarding Claim 11, as best understood, GreenHead teaches the apparatus of claim 1, wherein the base sleeve (lower portion of the adjustable pole) is at least partially concealed in the housing unit (as best understood, the lower portion that attaches to the base is ‘concealed’ in the housing).
Regarding Claim 12, GreenHead teaches the apparatus of claim 1, wherein the concealing member resembles foliage (plant).
Regarding Claim 13, as best understood, GreenHead teaches the apparatus of claim 1, wherein the at least one hook extending from a distal end (upper end) of the extending arm extends from the concealing member (as best understood, the hook extends from the pole and in turn then also ‘extends’ from the concealing member to be able to access the hook).
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 of this title, 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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over GreenHead in view of US 8,567,730 (Stevenson).
Regarding Claim 3, as best understood, GreenHead teaches the apparatus of claim 1, but does not specifically teach wherein the at least one hook is coupled to the distal end of the extending arm via at least one pin joint to allow the at least one hook to fold while in the collapsed position. However, Stevenson, which is also drawn to a telescoping pole (col 1, ln 48-56 teaching telescoping poles and securing systems being well-known) having one or more hooks located at a distal end thereof, further teaches that the hook is pivotable collapsible about a pin joint (Figure 2; col 1, ln 57-col 2, ln 6). Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to use a foldable hook as taught by Stevenson on the apparatus of GreenHead, for minimizing the size of the apparatus during storage and transport.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art has been listed in the PTO-892 form.
US 2015/0320929 (Simonds) teaches an IV pole in a housing and having a concealing member.
US 2020/0146933 (Casano) teaches using a stuffed animal or foliage (flower) as a concealing member.
US 2005/004026 (Gaster) teaches a concealed transport of a telescoping pole.
US 6,601,860 (Potter) teaches the housing being a wagon for calming children in hospitals.
US 4,744,536 (Bancalari) teaches a foldable hook about a pin joint.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to INGRID M WEINHOLD whose telephone number is (571)272-8822. The examiner can normally be reached on Monday-Tuesday 7:00am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached on 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/INGRID M WEINHOLD/
Primary Examiner, Art Unit 3632
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