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 .
Response to Amendment
This Office Action is in response to the Applicant’s amendment filed 11 February 2026 wherein Claims 1, 5, 8, 9, and 12 are amended, claims 13, 16, and 20 are cancelled, no claims are newly added, and Claims 2 – 4, 6, 7, and 11 are withdrawn. Therefore, Claims 1 – 12, 14, 15, and 17 – 19 are currently pending wherein Claims 2 – 4, 6, 7, and 11 are withdrawn therefrom.
The Applicant’s replacement Drawing Sheets dated 11 February 2026 has overcome some of the Drawing Objections set forth in the Non-Final Rejection dated 21 August 2025 (hereinafter referred to as the “Non-Final Rejection”). However, the Applicant’s response has not addressed the Drawing Objection set forth on Page 6 of the Non-Final Rejection where the drawings are objected to as failing to comply with 37 CFR 1.95(p)(5) because they include reference character 202 not mentioned in the description in Figures 2 and 4. The Examiner has reiterated the Drawing Objection below.
The Applicant’s amendment to the Claims dated 11 February 2026 has overcome each Claim Objection set forth in the Non-Final Rejection. Therefore each Claim Objection set forth in the Non-Final Rejection is withdrawn.
Response to Arguments
Applicant’s arguments, see pages 8 – 12, filed 11 February 2026, with respect to the rejection(s) of independent claim(s) 1 and 12 and their respective dependent claims under 35 U.S.C. § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Geller (US 6,976,595 B1), Higham et al. (US 5,805,456 A), and Zhai et al. (US 2021/0030169 A1).
Election/Restrictions
Applicant's arguments pertaining to the rejoining of Claims 6 and 7 filed 11 February 2026 have been fully considered but they are not persuasive.
The Applicant alleges that the limitations of Claims 6 and 7 should not be withdrawn from the present case because the number of hooks and circuit boards has nothing to do with having or not having a telescoping apparatus. The Examiner respectfully disagrees.
The Applicant elected to prosecute the invention of Species 2 which is a catheter hanging system with a telescoping apparatus. See page 7 of the Remarks dated 11 February 2026. This embodiment is shown in Figs. 8 – 11 of the Drawings and described within paragraphs [0044] – [0049] of the Specification. Neither the figures nor the paragraphs teach or describe the hanging system with a telescoping apparatus having the plurality of hooks being at least 12 hooks and two or fewer circuit boards (Claim 6) or the plurality of hooks being at least 20 hooks and four or fewer circuit boards (Claim 7). Rather Figure 9 shows and paragraph [0048] recites that there is only one circuit board (914) and 8 hooks.
The non-elected Species (Figs. 1 – 7) and its respective disclosure is the embodiment that teaches the plurality of hooks being at least 12 hooks and two or fewer circuit boards (Claim 6) or the plurality of hooks being at least 20 hooks and four or fewer circuit boards (Claim 7). For example, see [0033] which explicitly recites hanging system 100 has 12 hooks and 12 load cells, chassis 104 may utilize two circuit boards (Claim 6) and hanging system 200 has 20 hooks and 20 load cells, chassis 204 may utilize four circuit boards (Claim 7). Therefore, the Applicant’s argument that Claims 6 and 7 should be rejoined is unpersuasive because each Claims respective subject matter is directed to the non-elected species rather than the elected species so the withdrawal of Claims 6 and 7 is maintained.
Drawings
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:
202 as shown in Figures 2 and 4.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 Objections
Claim(s) 1 and 12 are objected to because of the following informalities:
Claim 1 recites “in to.” The Examiner suggests amending this to recite “into” to correct the spelling of the word.
Claim 12 recites “in to.” The Examiner suggests amending this to recite “into” to correct the spelling of the word.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1, 5, 8 – 10, 12, 14, 15, and 17 – 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites:
A catheter hanging system including:
(a) a plurality of hooks;
(b) a plurality of load cells, wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks;
(c) at least one circuit board configured to receive signals from the plurality of load cells; and
(d) a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame, wherein each hook of the plurality of hooks is attached to a bottom surface of the inner frame of the telescopic apparatus, wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame, and wherein the telescopic apparatus is configured to slide out to an extended state and slide in to a retracted state.
Claim 1 is rejected under 35 U.S.C. § 112(a) as failing to comply with the written description requirement because the claim contains the claim language of “wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame” which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor of a joint inventor had possession of the claimed invention. The Application’s Drawings and Specification do not provide sufficient support to comply with the written description requirement. Figure 9 and paragraph [0048] provide the closest support for this limitation. However, Figure 9 does not show the load cells 912 attached to an inner side wall of the outer frame nor does paragraph [0048] describe this.
Rather, Figure 9 and paragraph [0048] discloses that the load cells 912 rest on top of the bottom surface of the inner frame 822 which is materially different than what is recited within Claim 1. Since the load cells is disclosed to rest on top of the bottom surface of the inner frame and then the inner frame is inserted into the outer frame there is no configuration in which each load cell is attached to an inner side wall of the outer frame while also resting on the top of the bottom surface of the inner frame. The inner frame separates the attachment as it is disposed between the load cell and the outer frame. Therefore, Claim 1 is rejected under 35 U.S.C. § 112(a) for failing to comply with the written description requirement because of this claim limitation.
Claims 5 and 8 – 10 are dependent upon rejected Claim 1 and are therefore rejected under 35 U.S.C. § 112(a) for the same rationale.
Claim 12 recites:
A catheter hanging system including:
(a) a plurality of hooks;
(b) a plurality of load cells, wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks;
(c) at least one circuit board configured to receive signals from the plurality of load cells;
(d) a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame, wherein each hook of the plurality of hooks is attached to a bottom surface of the inner frame of the telescopic apparatus, wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame, and wherein the telescopic apparatus is configured to slide out to an extended state and slide in to a retracted state; and
(e) a mounting bracket configured to attach the catheter hanging system to a storage unit system.
Claim 12 is rejected under 35 U.S.C. § 112(a) as failing to comply with the written description requirement because the claim contains the claim language of “wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame” which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor of a joint inventor had possession of the claimed invention. The Application’s Drawings and Specification do not provide sufficient support to comply with the written description requirement. Figure 9 and paragraph [0048] provide the closest support for this limitation. However, Figure 9 does not show the load cells 912 attached to an inner side wall of the outer frame nor does paragraph [0048] describe this.
Rather, Figure 9 and paragraph [0048] discloses that the load cells 912 rest on top of the bottom surface of the inner frame 822 which is materially different than what is recited within Claim 12. Since the load cells rest on top of the bottom surface of the inner frame and then the inner frame is inserted into the outer frame there is no configuration in which each load cell is attached to an inner side wall of the outer frame and resting on top of the bottom surface of the inner frame. The inner frame separates the attachment as it is disposed between the load cell and the outer frame. Therefore, Claim 12 is rejected under 35 U.S.C. § 112(a) for failing to comply with the written description requirement because of this claim limitation.
Claims 14 – 15 and 17 – 19 are dependent upon rejected Claim 12 and are therefore rejected under 35 U.S.C. § 112(a) for the same rationale.
Claim 12 recites:
A catheter hanging system including:
(a) a plurality of hooks;
(b) a plurality of load cells, wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks;
(c) at least one circuit board configured to receive signals from the plurality of load cells;
(d) a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame, wherein each hook of the plurality of hooks is attached to a bottom surface of the inner frame of the telescopic apparatus, wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame, and wherein the telescopic apparatus is configured to slide out to an extended state and slide in to a retracted state; and
(e) a mounting bracket configured to attach the catheter hanging system to a storage unit system.
Claim 17 recites:
The catheter hanging system of claim 12, wherein each load cell of the plurality of load cells is configured to be attached to the plurality of hooks when the telescopic apparatus is in the retracted position, and wherein each load cell of the plurality of load cells is configured to be detachable from the plurality of hooks when the telescopic apparatus is in the extended position.
Claim 17 is rejected under 35 U.S.C. § 112(a) as failing to comply with the written description requirement because the claim contains subject matter (e.g., wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame recited in claim 12 and wherein each load cell of the plurality of load cells is configured to be detachable from the plurality of hooks when the telescopic apparatus is in the extended position as recited in claim 17) which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention.
The Applicant’s disclosure does not describe with sufficient detail how the plurality of load cells are attached to an inner side wall of the outer frame while also being detachable from the plurality of hooks when the telescopic apparatus is in the extended position. The Applicant’s disclosure only recites the term “detached” or “detachable” nominally in paragraphs [0048] and [0084]. There is no explanation as to how the subject matter of Claims 12 and 17 is combined together. Therefore, Claim 17 is rejected under 35 U.S.C. § 112(a) for failing to comply with the written description requirement because the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention.
Claim(s) 1, 5, 8 – 10, 12, 14, 15, and 17 – 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 1 is rejected under 35 U.S.C. §112(a) for failing to comply with the enablement requirement because Claim 1 recites “a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame…wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame…” which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The test for “undue experimentation” is an analysis of the Wands factors [see MPEP 2164.01(a)]. Analysis of multiple Wands factors is below:
The breadth of the claims: Claim 1 recites that the catheter hanging system comprises a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame and wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame. Currently, the Specification (paragraph [0048]) and the Drawings (Figure 9) do not show each load cell of the plurality of load cells being attached to an inner side wall of the outer frame. Rather the disclosure shows each load cell of the plurality of load cells being rested on top of the bottom surface of the inner frame, in order to be in proximity with the hooks which are hanging vertically down from the bottom of the bottom surface of the inner frame. As currently recited in the claims, the load cells attached to the inner frame would prevent the extension and retraction of the telescopic apparatus. Therefore, the breadth of the claim would not enable one of skill in the art to make or use the invention because the disclosure directly contradicts with the claim language.
The amount of direction provided by the inventor: The Specification and Drawings do not describe or show how the catheter hanging system comprises a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame…wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame. Currently, the Specification (paragraph [0048]) and the Drawings (Figure 9) do not show each load cell of the plurality of load cells being attached to an inner side wall of the outer frame. Rather the disclosure shows each load cell of the plurality of load cells being rested on top of the bottom surface of the inner frame, in order to be in proximity with the hooks which are hanging vertically down from the bottom of the bottom surface of the inner frame. As currently recited in the claims, the load cells attached to the inner frame would prevent the extension and retraction of the telescopic apparatus. Therefore, the amount of direction provided by the inventor would not enable one of skill in the art to make or use the invention because the disclosure directly contradicts with the claim language.
The existence of working examples: The current disclosure lacks any working examples showing catheter hanging system comprising…a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame…wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame because if the load cells are located attached to the inner side wall of the outer frame. Rather the Specification and Drawings recite that each load cell of the plurality of load cells are rested on top of the bottom surface of the inner frame, in order to be in proximity with the hooks which are hanging vertically down from the bottom of the bottom surface of the inner frame. See Paragraph [0048] and Figure 9. As currently recited in the claims, the load cells attached to the inner frame would prevent the extension and retraction of the telescopic apparatus. Therefore, the absence of a working example of the claimed scope combined with the presence of working examples of a different scope suggests that a person of skill in the art would not be enabled to make or use the claimed invention.
The quantity of experimentation needed to make or use the invention based on the content of the disclosure: As explained above, a person of skill in the art would not know how to make or use the claimed invention of a catheter hanging system comprising…a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame…wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame because if the load cells are located attached to the inner side wall of the outer frame then they would be in the way of the extension and retraction of the inner frame from the outer frame. The Specification and Drawings do not show how the load cells could be located in the manner claimed. Rather the Specification and Drawings recite that each load cell of the plurality of load cells are rested on top of the bottom surface of the inner frame, in order to be in proximity with the hooks which are hanging vertically down from the bottom of the bottom surface of the inner frame. See Paragraph [0048] and Figure 9. Based on the content of the disclosure, the amount of experimentation needed to obtain the claimed configuration (i.e., the load cells being attached to the inner side wall of the outer frame) would be extensive to ensure that the load cells do not inhibit the extension or retraction of the inner frame from the outer frame. Therefore, the quantity of experimentation needed to make or use the invention would not enable one of skill in the art to make or use the claimed invention because the disclosure directly contradicts the claim language.
In view of the aforementioned Wands factors, Claim 1 fails the enablement requirement and is rejected under 35 U.S.C. § 112(a).
Claims 5 and 8 – 10 are dependent upon rejected Claim 1 and are therefore rejected under 35 U.S.C. § 112(a) for the same rationale.
Claim 12 is rejected under 35 U.S.C. §112(a) for failing to comply with the enablement requirement because Claim 12 recites “a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame…wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame…” which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The test for “undue experimentation” is an analysis of the Wands factors [see MPEP 2164.01(a)]. Analysis of multiple Wands factors is below:
The breadth of the claims: Claim 12 recites that the catheter hanging system comprises a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame and wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame. Currently, the Specification (paragraph [0048]) and the Drawings (Figure 9) do not show each load cell of the plurality of load cells being attached to an inner side wall of the outer frame. Rather the disclosure shows each load cell of the plurality of load cells being rested on top of the bottom surface of the inner frame, in order to be in proximity with the hooks which are hanging vertically down from the bottom of the bottom surface of the inner frame. As currently recited in the claims, the load cells attached to the inner frame would prevent the extension and retraction of the telescopic apparatus. Therefore, the breadth of the claim would not enable one of skill in the art to make or use the invention because the disclosure directly contradicts with the claim language.
The amount of direction provided by the inventor: The Specification and Drawings do not describe or show how the catheter hanging system comprises a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame…wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame. Currently, the Specification (paragraph [0048]) and the Drawings (Figure 9) do not show each load cell of the plurality of load cells being attached to an inner side wall of the outer frame. Rather the disclosure shows each load cell of the plurality of load cells being rested on top of the bottom surface of the inner frame, in order to be in proximity with the hooks which are hanging vertically down from the bottom of the bottom surface of the inner frame. As currently recited in the claims, the load cells attached to the inner frame would prevent the extension and retraction of the telescopic apparatus. Therefore, the amount of direction provided by the inventor would not enable one of skill in the art to make or use the invention because the disclosure directly contradicts with the claim language.
The existence of working examples: The current disclosure lacks any working examples showing catheter hanging system comprising…a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame…wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame because if the load cells are located attached to the inner side wall of the outer frame. Rather the Specification and Drawings recite that each load cell of the plurality of load cells are rested on top of the bottom surface of the inner frame, in order to be in proximity with the hooks which are hanging vertically down from the bottom of the bottom surface of the inner frame. See Paragraph [0048] and Figure 9. As currently recited in the claims, the load cells attached to the inner frame would prevent the extension and retraction of the telescopic apparatus. Therefore, the absence of a working example of the claimed scope combined with the presence of working examples of a different scope suggests that a person of skill in the art would not be enabled to make or use the claimed invention.
The quantity of experimentation needed to make or use the invention based on the content of the disclosure: As explained above, a person of skill in the art would not know how to make or use the claimed invention of a catheter hanging system comprising…a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame…wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame because if the load cells are located attached to the inner side wall of the outer frame then they would be in the way of the extension and retraction of the inner frame from the outer frame. The Specification and Drawings do not show how the load cells could be located in the manner claimed. Rather the Specification and Drawings recite that each load cell of the plurality of load cells are rested on top of the bottom surface of the inner frame, in order to be in proximity with the hooks which are hanging vertically down from the bottom of the bottom surface of the inner frame. See Paragraph [0048] and Figure 9. Based on the content of the disclosure, the amount of experimentation needed to obtain the claimed configuration (i.e., the load cells being attached to the inner side wall of the outer frame) would be extensive to ensure that the load cells do not inhibit the extension or retraction of the inner frame from the outer frame. Therefore, the quantity of experimentation needed to make or use the invention would not enable one of skill in the art to make or use the claimed invention because the disclosure directly contradicts the claim language.
In view of the aforementioned Wands factors, Claim 12 fails the enablement requirement and is rejected under 35 U.S.C. § 112(a).
Claims 14 – 15 and 17 – 19 are dependent upon rejected Claim 12 and are therefore rejected under 35 U.S.C. § 112(a) for the same rationale.
Claim 12 recites:
A catheter hanging system including:
(a) a plurality of hooks;
(b) a plurality of load cells, wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks;
(c) at least one circuit board configured to receive signals from the plurality of load cells;
(d) a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame, wherein each hook of the plurality of hooks is attached to a bottom surface of the inner frame of the telescopic apparatus, wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame, and wherein the telescopic apparatus is configured to slide out to an extended state and slide in to a retracted state; and
(e) a mounting bracket configured to attach the catheter hanging system to a storage unit system.
Claim 17 recites the following:
The catheter hanging system of claim 12, wherein each load cell of the plurality of load cells is configured to be attached to the plurality of hooks when the telescopic apparatus is in the retracted position, and wherein each load cell of the plurality of load cells is configured to be detachable from the plurality of hooks when the telescopic apparatus is in the extended position.
Claim 17 is rejected under 35 U.S.C. § 112(a) as failing to comply with the enablement requirement because the claim contains subject matter (e.g., wherein each load cell of the plurality of load cells is configured to be detachable from the plurality of hooks when the telescopic apparatus is in the extended position in addition to the subject matter of claim 12) which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The test for “undue experimentation” is an analysis of the Wands factors [see MPEP 2164.01(a)]. Analysis of multiple Wands factors is below:
The breadth of the claims: Claim 12 recites that each load cell of the plurality of load cells is attached to an inner side wall of the outer frame. Claim 17 recites that each load cell of the plurality of load cells is configured to be detachable from the plurality of hooks when the telescopic apparatus is in the extended position. Under the current claim language, each load cell of the plurality of load cells must be attached to an inner side wall of the outer frame while also being detachable from the plurality of hooks when the telescopic apparatus is in the extended position. The claims do not describe what type of detachment is achieved in the extended position while still achieving the attachment to the inner side wall of the outer frame. Therefore, the breadth of the claim would not enable one of skill in the art to make or use the invention because the claim limitations contradict one another.
The amount of direction provided by the inventor: Claim 12 recites that each load cell of the plurality of load cells is attached to an inner side wall of the outer frame. Claim 17 recites that each load cell of the plurality of load cells is configured to be detachable from the plurality of hooks when the telescopic apparatus is in the extended position. The Applicant’s disclosure does not describe how the plurality of load cells are attached to an inner side wall of the outer frame while also being detachable from the plurality of hooks when the telescopic apparatus is in the extended position. The Applicant’s disclosure only recites the term “detached” or “detachable” nominally in paragraphs [0048] and [0084]. There is also no explanation as to how the subject matter of Claims 12 and 17 is combined together. Therefore, the amount of direction provided by the inventor would not enable one skilled in the art to make or use the invention because the disclosure does not describe how the plurality of load cells is attached to an inner side wall of the outer frame and that each load cell of the plurality of load cells are detachable from the plurality of hooks when the telescopic apparatus is in the extended position. Furthermore, the disclosure does not describe what the term “detachable” mean so the metes and bounds of the claims cannot be determined further suggesting non-enablement for the breadth of what the term could mean.
The quantity of experimentation needed to make or use the invention based on the content of the disclosure: Claim 12 recites that each load cell of the plurality of load cells is attached to an inner side wall of the outer frame. Claim 17 recites that each load cell of the plurality of load cells is configured to be detachable from the plurality of hooks when the telescopic apparatus is in the extended position. Substantial experimentation is needed to make or use the invention based on the content of disclosure because the disclosure does not describe how the load cells can be attached to an inner side wall of the outer frame and be detachable from the plurality of hooks when the telescopic apparatus is in the extended position. The disclosure does not describe if the detachment is electronic detachment, physical detachment or something separate altogether. The disclosure only nominally recites the terms “detached” and “detachable” but besides reciting the term does not describe what the term means. There are no drawings showing the detaching of the load cells while the telescopic apparatus is in the extended position. Therefore, the quantity of experimentation needed to make or use the invention would not enable one of skill in the art to make or use the claimed invention because the disclosure directly contradicts the amended claim language.
In view of the aforementioned Wands factors, Claim 17 fails the enablement requirement and is rejected under 35 U.S.C. § 112(a).
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.
Claim(s) 1, 5, 8 – 10, 12, 14, 15, and 17 – 19 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:
A catheter hanging system including:
(a) a plurality of hooks;
(b) a plurality of load cells, wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks;
(c) at least one circuit board configured to receive signals from the plurality of load cells; and
(d) a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame, wherein each hook of the plurality of hooks is attached to a bottom surface of the inner frame of the telescopic apparatus, wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame, and wherein the telescopic apparatus is configured to slide out to an extended state and slide in to a retracted state.
Claim 1 is rejected as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention because it cannot be determined what the metes and bounds of the term “attached” is. Claim 1 recites “wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame.” However, Figure 9 of the Drawing and paragraph [0048] of the Specification discloses that the load cells 912 rest on top of the bottom surface of the inner frame 822 and the inner frame 822 is then inserted within the outer frame 824. So, the inner frame 822 is disposed between the load cells 912 and the inner side wall of the outer frame. How is it possible then that “each load cell of the plurality of load cells is attached to an inner side wall of the outer frame?”
Therefore, the term “attached” must encompass indirect attachment in order to read upon the elected embodiment shown in Figures 8A – 11. The Examiner is interpreting the term “attached” to encompass indirect attachment where parts may be attached via an intervening part. If it is determined that “attached” only means direct attachment then the Examiner refers the applicant to the 35 U.S.C. § 112(a) written description rejection above.
Claims 5 and 8 – 10 are dependent upon rejected Claim 1 and are therefore rejected under 35 U.S.C. § 112(a) for the same rationale.
Claim 12 recites:
A catheter hanging system including:
(a) a plurality of hooks;
(b) a plurality of load cells, wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks;
(c) at least one circuit board configured to receive signals from the plurality of load cells;
(d) a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame, wherein each hook of the plurality of hooks is attached to a bottom surface of the inner frame of the telescopic apparatus, wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame, and wherein the telescopic apparatus is configured to slide out to an extended state and slide in to a retracted state; and
(e) a mounting bracket configured to attach the catheter hanging system to a storage unit system.
Claim 12 is rejected as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention because it cannot be determined what the metes and bounds of the term “attached” is. Claim 12 recites “wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame.” However, Figure 9 of the Drawing and paragraph [0048] of the Specification discloses that the load cells 912 rest on top of the bottom surface of the inner frame 822 and the inner frame 822 is then inserted within the outer frame 824. So, the inner frame 822 is disposed between the load cells 912 and the inner side wall of the outer frame. How is it possible then that “each load cell of the plurality of load cells is attached to an inner side wall of the outer frame?”
Therefore, the term “attached” must encompass indirect attachment in order to read upon the elected embodiment shown in Figures 8A – 11. The Examiner is interpreting the term “attached” to encompass indirect attachment where parts may be attached via an intervening part. If it is determined that “attached” only means direct attachment then the Examiner refers the applicant to the 35 U.S.C. § 112(a) written description rejection above.
Claims 14 – 15 and 17 – 19 are dependent upon rejected Claim 12 and are therefore rejected under 35 U.S.C. § 112(a) for the same rationale.
Claim 17 recites the following:
The catheter hanging system of claim 12, wherein each load cell of the plurality of load cells is configured to be attached to the plurality of hooks when the telescopic apparatus is in the retracted position, and wherein each load cell of the plurality of load cells is configured to be detachable from the plurality of hooks when the telescopic apparatus is in the extended position.
Claim 17 is rejected under 35 U.S.C. § 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention because the scope of the term “detachable” cannot be determined. Claim 12, upon which Claim 17 depends, recites “a catheter hanging system including:…a plurality of load cells, wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks…a telescopic apparatus including an outer frame and an inner frame configured to slidably extend out of the outer frame and retract into the outer frame, wherein each hook of the plurality of hooks is attached to a bottom surface of the inner frame of the telescopic apparatus, wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame, and wherein the telescopic apparatus is configured to slide out to an extended state and slide in to a retracted state. It is unclear how the load cells are detachable from the plurality of hooks when the telescopic apparatus is in the extended position? The Specification lacks any clarifying explanation for what the term “detachable” means. This term is only nominally recited within paragraphs [0048] and [0084]. Does this mean that the load cells are electronically detached, physically detached, or some other form of detachment? Does the telescopic apparatus need to be deconstructed in order to gain access to the load cells such that they may be disconnected?
For the purpose of examination, the term “detachable” is interpreted under the broadest reasonable interpretation in view of the claim language and clarifying disclosure in the specification wherein “detachable” means being capable of being or designed to be detached or being capable of being separated or withdrawn without loss or damage. See Merriam-Webster Dictionary’s definition of the term.
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(s) 1, 5, 9, 10, 12, 14, and 17 – 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geller (US 6,976,595 B1), Higham et al. (US 5,805,456 A; hereinafter referred to as “Higham”), Zhai et al. (US 2021/0030169 A1; hereinafter referred to as “Zhai”).
Geller, Zhai, and Higham are each cited in the Notice of References Cited form dated 21 August 2025.
With regards to claim 1, Geller discloses (Figs. 1 – 4) a hanging system (see Col. 3, lines 25 – 44 “The storage system is composed of three parts, being a bracket, FIG. 3, a slide arm FIG. 4”) including:
(a) a plurality of hooks (30) (see Col. 3, line 59 – Col. 4, line 14 “hooks 30”);
(d) a telescopic apparatus (bracket, slide arm) (see Col. 3, lines 25 – 44) including an outer frame (bracket formed of 22, 32, 34, 36) (see Col. 3, lines 45 – 58 and Fig. 3) and an inner frame (slide arm formed of 26, 28, 29) (see Col. 3, line 59 – Col. 4, line 14 and Fig. 4) configured to slidably extend out of the outer frame and retract into the outer frame (see Fig. 2 and Col. 4, lines 33 – 39), wherein each hook of the plurality of hooks is attached to a bottom surface of the inner frame of the telescopic apparatus (see Fig. 4 and Col. 3, line 59 – Col. 4, line 14 “There are 5 hooks 30 that extend from the bottom side of the extended center section of the slide arm 28”), and wherein the telescopic apparatus is configured to slide out to an extended state and slide in to a retracted state (see Abstract, Fig. 2, and Col. 4, lines 33 – 39).
However Geller does not disclose the following:
the hanging system is used for hanging catheters;
(b) a plurality of load cells, wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks;
(c) at least one circuit board configured to receive signals from the plurality of load cells; and
wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame.
Nonetheless Higham, which is within the analogous art of devices and methods for providing access to items to be dispensed (see abstract and title), teaches (Figs. 3 – 3C) the hanging system is used for hanging catheters (see Col. 12, lines 7 – 24 “At least some of the racks 48 include a plurality of pegs 51 for holding items 52. Exemplary items to be held on the pegs 51 include catheters which can be vertically hung from pegs 51.”).
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 items to be held by the hanging system of Geller in view of a teaching of Higham such that the hanging system is a catheter hanging system. One of ordinary skill in the art would have been motivated to make this modification because Higham teaches that it is common to hang catheters from a hanging system. Here, a person of ordinary skill would be motivated to hang catheters on the hanging system of Geller in order to store catheters in a vertical orientation as taught by Higham (see Col. 12, lines 7 – 24).
The hanging system of Geller modified in view of a teaching of Higham will hereinafter be referred to as the catheter hanging system of Geller and Higham.
Neither Geller nor Higham teaches the following:
(b) a plurality of load cells, wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks;
(c) at least one circuit board configured to receive signals from the plurality of load cells; and
wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame.
Nonetheless Zhai, which is within the analogous art of item hanging systems (see abstract and title), teaches (b) a plurality of load cells (26) (see [0029]), wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks (28) (see [0019]) (see [0034] “When a user picks a certain item from a certain suspension bracket or returns a certain product on a certain suspension bracket, a weight sensing device obtains the real-time weight sensing values of all the goods on the suspension bracket at this time” and [0045] “each weight sensing device 26 (such as weight sensor) collects the weight sensing value of each suspension bracket 28 in real time”);
(c) at least one circuit board (see [0031] “a circuit board”) configured to receive signals from the plurality of load cells (see [0031] “The weight sensing device 26 is connected to the circuit board through a wire 261, and real-time sensing data is sent to the data processing device”); and
wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame (see Examiner annotated Figs. 5 - 6 below; hereinafter referred to as “Fig. A”) (see the 35 U.S.C. §§ 112(a) and (b) rejections above wherein “attached” encompasses indirect attachment through an intervening structure).
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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 inner frame of the telescopic apparatus of the catheter hanging system of Geller and Higham in view of a teaching of Zhai such that the catheter hanging system further comprises (b) a plurality of load cells, wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks; (c) at least one circuit board configured to receive signals from the plurality of load cells; and wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame. Here, the inner frame 26 of the telescopic apparatus of Geller is modified such that it is hollow thereby allowing the incorporation of load cells, circuit board, and respective electronic circuitry as shown and taught by the disclosure of Zhai. See Figures 5 – 6 and their respective paragraphs of Zhai. Wherein after making this modification each load cell of the plurality of load cells is attached to an inner side wall of the outer frame based on the broadest reasonable interpretation of the term “attached” meaning indirect attachment through an intervening component. Here, the intervening component is the inner frame 26 of Geller.
One of ordinary skill in the art would have been motivated to make this modification because Zhai teaches that incorporating weight sensors and their respective electronic components into a hanging system allows for obtaining real-time weight sensing values from each hook thereby allowing the tracking of inventory (see [0033] and [0034] of Zhai). Data processing equipment can then record which hook is lighter than before as well as when, where, what quantity, and what kinds of items are taken away. This capability would be beneficial when applied to the medical device inventory. Hospital supply chain and procurement teams could utilize this technology to track which catheters are being used and in what quantities such that they can efficiently restock and replace them.
The catheter hanging system of Geller and Higham modified in view of a teaching of Zhai will hereinafter be referred to as the catheter hanging system of Geller, Higham and Zhai.
With regards to claim 5, the catheter hanging system of Geller, Higham and Zhai teaches the claimed invention of claim 1, however, Geller is silent with regards to the catheter hanging system further including a network of wiring configured to connect the plurality of hooks, plurality of load cells, and the at least one circuit board.
Nonetheless Zhai, which is within the analogous art of item hanging systems (see abstract and title), teaches the (see Figs. 1 – 9) a network of wiring (see [0031] “The weight sensing device 26 is connected to the circuit board through a wire 261, and real-time sensing data is sent to the data processing device 4 through the communication interface” and [0032] “the data processing device 4 can be connected to each communication interface through the cover through holes through wires to facilitate the connection with various weight sensing devices 26, so the data processing device 4 may obtain the real-time weight sensing value from each weight sensing device 26 in real time.”) configured to connect the plurality of hooks (28) (see [0019]), plurality of load cells (26) (see [0029]), and circuit board (see [0031] “a circuit board”).
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 catheter hanging system of Geller, Higham, and Zhai in view of a further teaching of Zhai such that the catheter hanging system further includes a network of wiring configured to connect the plurality of hooks, plurality of load cells, and circuit board. One of ordinary skill in the art would have been motivated to make this modification because Zhai teaches that the network of wires facilitates the data connection between the weight sensing devices to the data processing device and circuit board (see [0031] and [0032] of Zhai).
With regards to claim 9, the catheter hanging system of Geller, Higham, and Zhai teaches the claimed invention of claim 1, however, Geller is silent with regards to wherein the at least one circuit board is configured to provide real-time monitoring of inventory.
Nonetheless Zhai, which is within the analogous art of item hanging systems (see abstract and title), teaches (see Figs. 1 – 9) the circuit board (see [0031] “a circuit board”) is configured to provide real-time monitoring of inventory (see [0031] “real-time sensing data, ” [0032], and [0034]).
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 catheter hanging system of Geller, Higham, and Zhai in view of a further teaching of Zhai such that the circuit board is configured to provide real-time monitoring of inventory. One of ordinary skill in the art would have been motivated to make this modification because Zhai teaches that the real-time sensing of weight changes allows for the real-time monitoring of the quantity change of the goods on each suspension bracket/hook (see [0031], [0032], [0034], and [0043] of Zhai).
With regards to claim 10, the catheter hanging system of Geller, Higham, and Zhai teaches the claimed invention of claim 1, however, Geller is silent with regards to further including a display screen.
Nonetheless Higham, which is within the analogous art of devices and methods for providing access to items to be dispensed (see abstract and title), teaches (Figs. 3 – 3C) the catheter hanging system (see Fig. 3 and Col. 12, lines 7 – 24) further including a display screen (60) (see Col. 12, lines 36 – 52).
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 catheter hanging system of Geller, Higham, and Zhai in view of a further teaching of Higham such that the catheter hanging system further includes a display screen. One of ordinary skill in the art would have been motivated to make this modification because the visual indicators identify which hook has the item to be removed (see Col. 13, lines 44 – 59 of Higham). This would allow a user to quickly identify which hook has the catheter to be removed.
With regards to claim 12, Geller discloses (see Figs. 1 – 4) a hanging system (see Col. 3, lines 25 – 44 “The storage system is composed of three parts, being a bracket, FIG. 3, a slide arm FIG. 4”) including:
(a) a plurality of hooks (30) (see Col. 3, line 59 – Col. 4, line 14 “hooks 30”);
(d) a telescopic apparatus (bracket, slide arm) (see Col. 3, lines 25 – 44) including an outer frame (bracket formed of 22, 32, 34, 36) (see Col. 3, lines 45 – 58 and Fig. 3) and an inner frame (slide arm formed of 26, 28, 29) (see Col. 3, line 59 – Col. 4, line 14 and Fig. 4) configured to slidably extend out of the outer frame and retract into the outer frame (see Fig. 2 and Col. 4, lines 33 – 39), wherein each hook of the plurality of hooks is attached to a bottom surface of the inner frame of the telescopic apparatus (see Fig. 4 and Col. 3, line 59 – Col. 4, line 14 “There are 5 hooks 30 that extend from the bottom side of the extended center section of the slide arm 28”), and wherein the telescopic apparatus is configured to slide out to an extended state and slide in to a retracted state (see Abstract, Fig. 2, and Col. 4, lines 33 – 39).
However, Geller is silent with regards to:
the hanging system is used for hanging catheters;
(b) a plurality of load cells, wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks;
(c) at least one circuit board configured to receive signals from the plurality of load cells;
wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame; and
(e) a mounting bracket configured to attach the catheter hanging system to a storage unit system.
Nonetheless Higham, which is within the analogous art of devices and methods for providing access to items to be dispensed (see abstract and title), teaches (Figs. 3 – 3C) the hanging system is used for hanging catheters (see Col. 12, lines 7 – 24 “At least some of the racks 48 include a plurality of pegs 51 for holding items 52. Exemplary items to be held on the pegs 51 include catheters which can be vertically hung from pegs 51.”); and
(e) a mounting bracket (see Col. 12, lines 7 – 35 “the sensors 56 can also be provided with locks so that when one rack 48 is pulled out the others are locked until the extended rack 48 is returned” wherein the lock is the mounting bracket) configured to attach the catheter hanging system (see Fig. 3 and Col. 12, lines 7 – 24) to a storage unit system (46) (see Col. 12, lines 7 – 24).
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 items to be held by the hanging system of Geller in view of a teaching of Higham such that the hanging system is a catheter hanging system and the catheter hanging system further includes a mounting bracket configured to attach the catheter hanging system to a storage unit system. One of ordinary skill in the art would have been motivated to make this modification because Higham teaches that it is common to hang catheters from a hanging system. Here, a person of ordinary skill would be motivated to hang catheters on the hanging system of Geller in order to store catheters in a vertical orientation as taught by Higham (see Col. 12, lines 7 – 24). Similarly, a person of ordinary skill would replace the double-sided adhesive strip 20 of Geller with the mounting bracket of Higham in order to lock the rack within the dispensing unit when not in use. This mounting bracket would also prevent multiple telescopic apparatuses from being pulled out together thereby causing the dispensing unit to tip over due to weight imbalance.
The hanging system of Geller modified in view of a teaching of Higham will hereinafter be referred to as the catheter hanging system of Geller and Higham.
Neither Geller nor Higham teaches the following:
(b) a plurality of load cells, wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks;
(c) at least one circuit board configured to receive signals from the plurality of load cells; and
wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame.
Nonetheless Zhai, which is within the analogous art of item hanging systems (see abstract and title), teaches (b) a plurality of load cells (26) (see [0029]), wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks (28) (see [0019]) (see [0034] “When a user picks a certain item from a certain suspension bracket or returns a certain product on a certain suspension bracket, a weight sensing device obtains the real-time weight sensing values of all the goods on the suspension bracket at this time” and [0045] “each weight sensing device 26 (such as weight sensor) collects the weight sensing value of each suspension bracket 28 in real time”);
(c) at least one circuit board (see [0031] “a circuit board”) configured to receive signals from the plurality of load cells (see [0031] “The weight sensing device 26 is connected to the circuit board through a wire 261, and real-time sensing data is sent to the data processing device”); and
wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame (see Fig. A reiterated below) (see the 35 U.S.C. §§ 112(a) and (b) rejections above wherein “attached” encompasses indirect attachment through an intervening structure).
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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 inner frame of the telescopic apparatus of the catheter hanging system of Geller and Higham in view of a teaching of Zhai such that the catheter hanging system further comprises (b) a plurality of load cells, wherein each load cell of the plurality of load cells is configured to continuously measure a weight applied to one of the hooks of the plurality of hooks; (c) at least one circuit board configured to receive signals from the plurality of load cells; and wherein each load cell of the plurality of load cells is attached to an inner side wall of the outer frame. Here, the inner frame 26 of the telescopic apparatus of Geller is modified such that it is hollow thereby allowing the incorporation of load cells, circuit board, and respective electronic circuitry as shown and taught by the disclosure of Zhai. See Figures 5 – 6 and their respective paragraphs of Zhai. Wherein after making this modification each load cell of the plurality of load cells is attached to an inner side wall of the outer frame based on the broadest reasonable interpretation of the term “attached” meaning indirect attachment through an intervening component. Here, the intervening component is the inner frame 26 of Geller.
One of ordinary skill in the art would have been motivated to make this modification because Zhai teaches that incorporating weight sensors and their respective electronic components into a hanging system allows for obtaining real-time weight sensing values from each hook thereby allowing the tracking of inventory (see [0033] and [0034] of Zhai). Data processing equipment can then record which hook is lighter than before as well as when, where, what quantity, and what kinds of items are taken away. This capability would be beneficial when applied to the medical device inventory. Hospital supply chain and procurement teams could utilize this technology to track which catheters are being used and in what quantities such that they can efficiently restock and replace them.
The catheter hanging system of Geller and Higham modified in view of a teaching of Zhai will hereinafter be referred to as the catheter hanging system of Geller, Higham and Zhai.
With regards to claim 14, the catheter hanging system of Geller, Higham and Zhai teaches the claimed invention of claim 12, and Geller further teaches (see Fig. 4) wherein each hook of the plurality of hooks (30) is aligned in a straight line (see Fig. 4), such that each hook of the plurality of hooks is directly in front of adjacent hooks (see Fig. 4).
With regards to claim 17, the catheter hanging system of Geller, Higham and Zhai teaches the claimed invention of claim 12, and the catheter hanging system of Geller, Higham, and Zhai teaches wherein each load cell of the plurality of load cells (26) (see [0029] taught by Zhai and incorporated into the pull out rack 48 of Higham in claim 12 above) is configured to be attached to the plurality of hooks (30) (see Col. 3, lines 59 – Col. 4, line 14 of Geller) when the telescopic apparatus (bracket, slide arm) (see Col. 3, lines 25 – 44 of Geller) is in the retracted position (see abstract and Figure 1 when the slide arm 26 is retracted of Geller), and wherein each load cell of the plurality of load cells is configured to be detachable from the plurality of hooks when the telescopic apparatus is in the extended position (see abstract and Figure 1 when the slide arm 26 is extended of Geller) (The language of “wherein each load cell of the plurality of load cells is configured to be detachable from the plurality of hooks when the telescopic apparatus is in the extended position” constitutes functional claim language, indicating that the claimed device need only be capable of being used in such a manner. MPEP 2173.05(g) and 2114. Furthermore, the claim is an apparatus claim, and is to be limited by structural limitations. The Office submits that each load cell of the plurality of load cells of the catheter hanging system of Geller, Higham, and Zhai is capable of being detachable from the plurality of hooks when the telescopic apparatus is in the extended position based on the broadest reasonable interpretation of the term “detachable” as set forth in the 35 U.S.C §§ 112(a) and (b) rejections above. For example, when the slide arm 26 of Geller is extended the telescopic apparatus could be deconstructed thereby providing access to the load cells such that they may be replaced or repaired. The telescopic apparatus would then be put back together for continued use.).
With regards to claim 18, the catheter hanging system of Geller, Higham and Zhai teaches the claimed invention of claim 12, however, Geller is silent with regards to wherein the mounting bracket is configured to attach the catheter hanging system to a wall of a storage unit system.
Nonetheless Higham, which is within the analogous art of devices and methods for providing access to items to be dispensed (see abstract and title), further teaches (Figs. 3 – 3C) wherein the mounting bracket (see Col. 12, lines 7 – 35 “the sensors 56 can also be provided with locks so that when one rack 48 is pulled out the others are locked until the extended rack 48 is returned” wherein the lock is the mounting bracket) is configured to attach the catheter hanging system to a wall of a storage unit system (46) (see Col. 12, lines 7 – 24) (see the location of the sensor 56 with a lock in Fig. 3).
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 catheter hanging system of Geller, Higham, and Zhai in view of a further teaching of Higham such that the mounting bracket is configured to attach the catheter hanging system to a wall of a storage unit system. Here, a person of ordinary skill would be motivated to use the mounting bracket in order to store catheters in a vertical orientation as taught by Higham (see Col. 12, lines 7 – 24). Similarly, a person of ordinary skill would replace the double-sided adhesive strip 20 of Geller with the mounting bracket of Higham in order to lock the rack within the dispensing unit/storage unit system when not in use. This mounting bracket would also prevent multiple telescopic apparatuses from being pulled out together thereby causing the dispensing unit to tip over due to weight imbalance.
With regards to claim 19, the catheter hanging system of Geller, Higham and Zhai teaches the claimed invention of claim 12, however, Geller is silent with regards to wherein the mounting bracket is configured to attach the catheter hanging system to a ceiling of a storage unit system.
Nonetheless Higham, which is within the analogous art of devices and methods for providing access to items to be dispensed (see abstract and title), further teaches (Figs. 3 – 3C) wherein the mounting bracket (see Col. 12, lines 7 – 35 “the sensors 56 can also be provided with locks so that when one rack 48 is pulled out the others are locked until the extended rack 48 is returned” wherein the lock is the mounting bracket) is configured to attach the catheter hanging system to a ceiling of a storage unit system (46) (see Col. 12, lines 7 – 24) (see the location of the sensor 56 with a lock in Fig. 3).
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 catheter hanging system of Geller, Higham, and Zhai in view of a further teaching of Higham such that the mounting bracket is configured to attach the catheter hanging system to a ceiling of a storage unit system. Here, a person of ordinary skill would be motivated to use the mounting bracket in order to store catheters in a vertical orientation as taught by Higham (see Col. 12, lines 7 – 24). Similarly, a person of ordinary skill would replace the double-sided adhesive strip 20 of Geller with the mounting bracket of Higham in order to lock the rack within the dispensing unit/storage unit system when not in use. This mounting bracket would also prevent multiple telescopic apparatuses from being pulled out together thereby causing the dispensing unit to tip over due to weight imbalance.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geller, Higham, and Zhai as applied to claim 1 above, and further in view of Raterman (US 2023/0389704 A1).
Raterman is cited in the Notice of References Cited form dated 21 August 2025.
With regards to claim 8, the catheter hanging system of Geller, Higham, and Zhai teaches the claimed invention of claim 1, however, Geller is silent with regards to wherein each load cell of the plurality of load cells is configured such that multiple load cells of the plurality of load cells may be connected in tandem to measure the weight of one hook of the plurality of hooks.
Nonetheless Ratermann, which is within the analogous art of multiple load cells connected in tandem (see Abstract), teaches each load cell of the plurality of load cells is configured such that multiple load cells (33) (see [0020], [0022], [0023]) may be connected in tandem to measure the weight of one hook (see Abstract, [0003], [0004] and [0008]).
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 plurality of load cells of the catheter hanging system of Geller, Higham, and Zhai in view of a teaching of Ratermann such that each load cell of the plurality of load cells is configured such that multiple load cells may be connected in tandem to measure the weight of one hook. One of ordinary skill in the art would have been motivated to make this modification because Ratermann teaches the usage of a plurality of load cells working in tandem as weight sensors to register the weight of an item on a storage rack (see Abstract, [0003], [0004], and [0008] of Ratermann).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geller, Higham, and Zhai as applied to claim 12 above, and further in view of Creed (US 2007/0262683 A1).
With regards to claim 15, the catheter hanging system of Geller, Higham, and Zhai teaches the claimed invention of claim 12, however, Geller is silent with regards to wherein each hook of the plurality of hooks is aligned in a staggered arrangement, such that each hook of the plurality of hooks is not directly in front of adjacent hooks.
Nonetheless Creed, which is within the analogous art of staggered hook configurations (see [0022]), teaches (Figs. 2 – 3) wherein each hook of the plurality of hooks (46) (see [0022]) is aligned in a staggered arrangement, such that each hook of the plurality of hooks is not directly in front of adjacent hooks (see [0022] “Hooks 46 are preferably arrayed in a staggered configuration”).
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 arrangement of the plurality of hooks of the catheter hanging system of Geller, Higham, and Zhai in view of a teaching of Creed such that each hook of the plurality of hooks is aligned in a staggered arrangement, such that each hook of the plurality of hooks is not directly in front of adjacent hooks. One of ordinary skill in the art would have been motivated to make this modification because Creed teaches that the staggered configuration allows the user to easily grasp the item that is hung (see [0022] of Creed).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ROBERT F ALLEN/Examiner, Art Unit 3783
/WILLIAM R CARPENTER/Primary Examiner, Art Unit 3783
03/11/2026