`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/294,301
`
`200663
`
`7590
`
`08/26/2024
`
`05/14/2021
`
`Yang Zheng
`
`80798US004/083749-0018
`
`1290
`
`EXAMINER
`
`ALLEN, ROBERT F
`
`Vorys-Solventum
`Vorys, Sater, Seymour and Pease LLP
`909 Fannin St.
`
`HOUSTON,TX 77010
`
`3783
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/26/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`IPDocketing @ Solventum.com
`VDocketHou @vorys.com
`vorys_docketing @cardinal-ip.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`Application No.
`Applicant(s)
`17/294,301
`Zheng et al.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`ROBERT F ALLEN
`3783
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 6/18/2024.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-10 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-10 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)[¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a) All
`1.¥) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240819
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AJA.
`
`Response to Amendment
`
`2.
`
`This Office Action is in response to the Applicant’s amendmentfiled 6/18/2024 wherein
`
`Claims 1 — 10 are amended, no claimsare cancelled, and no claims are newly added. Therefore,
`
`Claims 1 — 10 are currently pending within the application.
`
`3,
`
`The Applicant’s replacement Drawing Sheets dated 6/18/2024 are accepted and entered
`
`by the Examiner. The Applicant’s replacement Drawing Sheets dated 6/18/2024 have overcome
`
`each Drawing Objection set forth in the Non-Final Rejection dated 2/23/2024.
`
`4.
`
`The Applicant’s amendments to the Specification dated 6/18/2024 are accepted and
`
`entered by the Examiner. The Applicant’s replacement paragraphs of the Specification dated
`
`6/18/2024 overcome each Specification Objection set forth in the Non-Final Rejection dated
`
`2/23/2024.
`
`5.
`
`The Applicant’s amendments to the Claims dated 6/18/2024 have overcome each Claim
`
`Objection set forth in the Non-Final Rejection dated 2/23/2024. Therefore, the Claim Objections
`
`set forth in the Non-Final Rejection dated 2/23/2024 are withdrawnatthis time.
`
`6.
`
`The Applicant’s amendments to the Claims dated 6/18/2024 have overcome each Claim
`
`Rejection set forth under 35 U.S.C. 112(b) in the Non-Final Rejection dated 2/23/2024.
`
`Therefore, each Claim Rejection set forth under 35 U.S.C. 112(b) in the Non-Final Rejection
`
`dated 2/23/2024 are withdrawnat this time.
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 3
`
`Response to Arguments
`
`7.
`
`Applicant’s arguments, see pages 8 — 9, filed 6/18/2024, with respect to the rejection(s)
`
`of claim(s) 1 and its dependent claims under 35 U.S.C. 102 and 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 Smith et al. (US
`
`2007/0265572 A1).
`
`Claim Objections
`
`8.
`
`Claim 5 is objected to because of the following informalities:
`
`e Claim 5 should be amendedas follows to resolve a typographicalerror:
`
`The catheter fixing assembly according to claim 3, wherein the slot on each of the
`two [[the]] wing fixing portions engages with one of the two snaps on the fixing
`surface to lock the two wing fixing portions in the second position.
`
`9.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 103
`
`10.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejections set forth in this Office action:
`
`A patent for a claimed invention maynotbe obtained, notwithstanding that the claimed inventionis 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 obviousbefore the effective
`filing date of the claimed invention to a person having ordinaryskill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the mannerin which the invention was made.
`
`11.
`
`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 betweenthe prior art and the claimsat issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 4
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`12.
`
`Claim(s) 1 —7 and 9 — 10 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Smith et al. (US 2007/0265572 A1; hereinafter referred to as Smith).
`
`13. With regards to claim 1, Smith (Figs. 1 —7) discloses a catheter fixing assembly (10; see
`
`[0048] “catheter anchoring assembly 10”) for fixing a catheter (16; see [0052] “The single
`
`lumencatheter 16”) with a catheter fixing wing (46, 48, 50; see [0052] “The catheter 16
`
`further includes a suture hub 46 with the tubing 42 extending outwardly therefrom. As
`
`shownparticularly in FIG.6, the suture hub 46 includes a body 48 and oppositely
`
`extending wing-shaped projections 50.”) to skin of a patient (P; see [0052] “The catheter 16
`
`further includes tubing 42 with a single lumen 44 that extends into and outof the patient's
`
`arm A andis configured in the usual mannerto carry fluids to and from the patient P.”
`
`and see Figs. 1 — 2).
`
`However, this embodiment of Smith is silent with regards to the catheter fixing assembly
`
`comprising:
`
`a base, comprising;
`
`an adhering surface for adhering the base to the skin of the patient;
`
`a fixing surface for fixing coupling with the catheter;
`
`a groove on the fixing surface for accommodating a fixing wing body ofthe
`
`catheter fixing wing;
`
`two rotation shafts on the fixing surface, on opposite sides of the groove; and
`
`two snaps on the fixing surface, located apart from the two rotation shafts on the
`
`opposite sides of the groove.
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 5
`
`Nonetheless, a second embodimentof the intravenous catheter anchoring assembly of
`
`Smith teaches (Fig. 8 and see [0081] “Turning to FIGS. 8-26, alternative embodimentsof the
`
`present invention are depicted. For the sake of brevity, the remaining description will focus
`
`primarily on the differences of these alternative embodiments from the preferred
`
`embodiment.”) the catheter fixing assembly comprising:
`
`a base (204; see [0082] and [0083] “a second embodimentof the present invention is
`
`an intravenous catheter anchoring assembly 200 including an alternative platform 202. The
`
`platform includes a base 204”), comprising;
`
`an adhering surface (see the bottom of the base 204; see [0083] and Fig. 8) for
`
`adhering the baseto the skin of the patient (see [0055] and Figs. 1 — 2);
`
`a fixing surface (206; see Fig. 8 and [0083] “a base 204 presenting an upper
`
`surface 206”) for fixing coupling with the catheter (see Figs. 6 and 8, [0060], and
`
`[0083] “The protrusions 210 are parallel to each other and extend between primary
`
`attachmentsides 212 of the platform 202 for securing the catheter (not shown)
`
`therebetween.”);
`
`a groove (see the Examiner annotated Fig. 8 below; hereinafter referred to as
`
`Fig. A and see [0083]) on the fixing surface for accommodating a fixing wing body (48;
`
`see [0052] “The catheter 16 further includes a suture hub 46 with the tubing 42
`
`extending outwardly therefrom. As shown particularly in FIG.6, the suture hub 46
`
`includes a body 48 and oppositely extending wing-shaped projections 50.” And
`
`[0083]) of the catheter fixing wing;
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 6
`
`Fig. A
`
`psya
`
`two rotation shafts (208; see [0083] “connectors 208”) on the fixing surface (see
`
`Fig. 8) , on opposite sides of the groove (see Fig. 8 where the two rotation shafts 208
`
`are on opposite sides of the groove, shown betweenthe rib-like protrusions 210); and
`
`two snaps (see Fig. A above) on the fixing surface (see Fig. 8), located apart from
`
`the two rotation shafts on the opposite sides of the groove (see Fig. A where the two
`
`snapsare located apart from the two rotation shafts 208 on opposite sides of the
`
`groove, shown betweenthe rib-like protrusions 210).
`
`It would have been obviousto one of ordinary skill in the art before the effective filing
`
`date of the present invention to replace the platform 20 of the first embodiment of Smith with the
`
`platform 202 of the second embodiment of Smith. One of ordinary skill in the art would have
`
`been motivated to makethis modification, as Smith teaches these embodiments may be used
`
`together or interchangeably (see [0047], [0081] and [0124] of Smith). Additionally, one of
`
`ordinary skill in the art would have been motivated to make this replacement, as the platform 202
`
`further includes rib-like protrusions 210 forming part of the upper surface 206. The protrusions
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 7
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`are formed on the upper surface of the base for securing the catheter therebetween (see [0083] of
`
`Smith).
`
`Thefirst embodiment of Smith modified in view of a second embodiment of Smith will
`
`hereinafter be referred to as the catheter fixing assembly of Smith.
`
`However, neither embodiment of Smith teaches the catheter fixing assembly comprising:
`
`two wing fixing portions, wherein each of the two wing fixing portionsis rotatably
`
`attached to one of the two rotation shafts of the base; and wherein each of the two wingfixing
`
`portions comprises;
`
`a through hole for rotatably attaching to one of the rotation shafts on the base;
`
`a wing accommodation slot for accommodating one of two wings extending from
`
`the fixing wing body of the catheter fixing wing;
`
`a pressing portion for pressing against one of the two wings, wherein the pressing
`
`portion comprises an elastic material; and
`
`a slot for locking with one of the two snaps on the fixing surface of the base.
`
`Nonetheless, a fifth embodiment of the present invention is an intravenouscatheter
`
`anchoring assembly of Smith teaches(see Fig. 11, [0081] “Turning to FIGS.8-26, alternative
`
`embodiments of the present invention are depicted. For the sake of brevity, the remaining
`
`description will focus primarily on the differences of these alternative embodiments from
`
`the preferred embodiment.” , and [0087] “In FIG.11, a fifth embodiment of the present
`
`invention is an intravenous catheter anchoring assembly 500 including an alternative
`
`retaining strap 502”) the catheter fixing assembly comprising:
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 8
`
`two wing fixing portions (see Examiner annotated Fig. 11 below; hereinafter referred
`
`to as Fig. B), wherein each of the two wing fixing portionsis rotatably attached to one of the two
`
`rotation shafts of the base (see [0065] and Fig.7);
`
`Wing fixing portion
`
`H
`
`PIC. 10
`
`Wing
`accommodation slot
`
`Wing accommodation slot
`
`Slot for locking with one or * —
`more of the two snaps on the
`fixing surface of the base
`
`,
`Fig. B
`
`and wherein each of the two wing fixing portions comprises;
`
`a through hole (128; see [0065] “The pull-tabs 118 provide a grasping surface
`
`for the retaining strap 22 and each provides an attachmentlocation preferably in
`
`the form of a through-hole 128 for receiving a respective one of the connectors 92 as
`
`will be discussed.” and [0081] wherein the through-hole would receive one of the
`
`connectors 208) for rotatably attaching to one of the rotation shafts on the base (see
`
`[0069] and [0072]);
`
`a wing accommodation slot (see Fig. B above) for accommodating one of two
`
`wings (50; see [0052] “The catheter 16 further includes a suture hub 46 with the
`
`tubing 42 extending outwardly therefrom. As shownparticularly in Fig. 6, the
`
`suture hub 4 includes a body 48 and oppositely extending wing-shaped projections
`
`50”) extending from the fixing wing body ofthe catheter fixing wing (see Fig. 4);
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 9
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`a pressing portion (512; see [0086] “The protrusion 412 is preferably
`
`compressible to the extent that it is compressed during use of the assembly 400,
`
`whereby gripping of the catheter is further enhanced.” and [0087] “The protrusions
`
`512 form partof the lower surface 510 for receiving the catheter (not shown).
`
`Moreover,the protrusions 512 preferably function similar to the protrusion 412
`
`shownin FIG.10.”) for pressing against one of the two wings (see [0086] — [0087]) ,
`
`wherein the pressing portion comprises an elastic material (see [0066] and [0081]); and
`
`a slot (see Fig. B above) for locking with one of the two snaps onthe fixing
`
`surface of the base (see the snaps annotated in Fig. A above and or the rounded end
`
`106 of the post 104 in Fig. 6; also see [0069] “The undersized hole 128 and rounded
`
`end 106 further restrict the pull-tab 118 from becoming unintentionally removed
`
`from the attached position.”).
`
`It would have been obviousto one of ordinary skill in the art before the effective filing
`
`date of the present invention to replace the retaining strap 22 of the catheter fixing assembly of
`
`Smith with the retaining strap 502 of the fifth embodiment of Smith. One of ordinary skill in the
`
`art would have been motivated to make this modification, as Smith teaches these embodiments
`
`may be used together or interchangeably (see [0047], [0081] and [0124] of Smith). Additionally,
`
`one of ordinary skill in the art would have been motivated to make this replacement, as the
`
`retaining strap 502 further includesrib-like protrusions 512 forming part of the lower surface
`
`510. The protrusions are formed on the lowersurface of the retaining strap for securing the
`
`catheter therebetween. The rib-like protrusions are compressible to the extent that gripping the
`
`catheter is further enhanced (see [0086] and [0087] of Smith).
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 10
`
`Thecatheter fixing assembly of Smith modified in view of a teaching ofthe fifth
`
`embodiment of Smith will hereinafter be referred to as the catheter fixing assembly of Smith.
`
`14. With regards to claim 2, the catheter fixing assembly of Smith teaches the claimed
`
`invention of claim 1, and Smith further teaches (Fig. 8) the groove (see Fig. A reiterated below)
`
`of the fixing surface (206; see Fig. 8 and [0083] “a base 204 presenting an upper surface
`
`206”) comprises a central area (see the Examiner’s annotated Fig. 8 below; hereinafter
`
`referred to as Fig. C) having two sides (see Fig. C below) configured to accommodate the
`
`fixing wing body (48; see [0052] “The catheter 16 further includes a suture hub 46 with the
`
`tubing 42 extending outwardly therefrom. As shown particularly in FIG.6, the suture hub
`
`46 includes a body 48 and oppositely extending wing-shaped projections 50.”), so that the
`
`two wings (50; see [0052] “The catheter 16 further includes a suture hub 46 with the tubing
`
`42 extending outwardly therefrom. As shownparticularly in Fig. 6, the suture hub 4
`
`includes a body 48 and oppositely extending wing-shaped projections 50”) of the catheter
`
`fixing wing (46, 48, 50; see [0052] “The catheter 16 further includes a suture hub 46 with
`
`the tubing 42 extending outwardly therefrom. As shown particularly in FIG.6, the suture
`
`hub 46 includes a body 48 and oppositely extending wing-shaped projections 50.”) can be
`
`carried by areas of the fixing surface at the two sides of the groove(see Fig. 4, [0083], and
`
`[0087]).
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 11
`
`area
`
`Central
`
`FIG. 8
`
`Fig. C
`
`15. With regards to claim 3, the catheter fixing assembly of Smith teaches the claimed
`
`invention of claim 1, and Smith further teaches (Fig. 8) wherein each of the two wing fixing
`
`portions (see Fig. B reiterated below) is rotatably connected to one of the two the rotation shafts
`
`(208; see [0083] “connectors 2087’) to allow it to rotate betweena first position (see Fig. 7) and
`
`a secondposition (see Fig. 4; see [0077] — [0080]);
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 12
`
`Wing fixing portion
`
`PIG. 10Xe
`
`Wing
`_@ccommodation siot
`
`fixing surface of the base
`
`Slot for locking with one or*
`more of the two snaps on the
`
`wherein, when the two wing fixing portionsare in the first position (see Fig. 7), the
`
`catheter fixing wing can be separated from the catheter fixing assembly ([0049] “permit
`
`removable attachmentof the tubing of a catheter”, [0069], [0070] “The other
`
`corresponding platform 20 or retaining strap 22 could then include correspondingholes,
`
`slots, sockets, or other female ends to achieve a removable connection with the respective
`
`male projections”, and [0081));
`
`wherein, when the two wing fixing portions are in the second position (see Fig. 4, [0066]
`
`“As will be apparent, the greatest degree of elastic stretching or elongation of the strap 22
`
`occurs within the central portion 122 during use whichfacilitates the desired gripping of
`
`the catheter 12 or 16.”), the two wing fixing portions apply force to the catheter fixing wing
`
`(46, 48, 50; see [0052]) to hold the catheter fixing wing onto the fixing surface (206; see Fig. 8
`
`and [0083]).
`
`16. With regards to claim 4, the catheter fixing assembly of Smith teaches the claimed
`
`invention of claim 1, and Smith further teaches (Fig. 8) wherein a diameter of the through hole
`
`(128; see [0065] “The pull-tabs 118 provide a grasping surface for the retaining strap 22
`
`andeach provides an attachmentlocation preferably in the form of a through-hole 128 for
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 13
`
`receiving a respective one of the connectors 92 as will be discussed.”, [0069], [0070], [0072],
`
`[0076] and [0081] wherein the through-hole would receive one of the connectors 208) of
`
`each of the two wing fixing portions (see Fig. B reiterated above) is large enough to
`
`accommodate a diameter of the rotation shaft (208; see [0083] and Fig.3).
`
`17. With regardsto claim 5, the catheter fixing assembly of Smith teaches the claimed
`
`invention of claim 3, and Smith further teaches (Fig. 8) wherein the slot (see Fig. B reiterated
`
`below) on each of the two the wing fixing portions (see Fig. B reiterated below) engages with
`
`one of the two snaps (see Fig. A reiterated below) on the fixing surface (206; see Fig. 8, [0069]
`
`“The rounded end 106 of post 104 is larger in diameter than the hole 128. Therefore, the
`
`elastic pull-tab 118 stretches outwardly so as to pass over end 106 and thenbe received on
`
`the post 104. The undersized hole 128 and rounded end 106 further restrict the pull-tab 118
`
`from becoming unintentionally removed from the attached position.”, and [0083]) to lock
`
`the two wing fixing portions in the secondposition (see Fig. 4 and [0066]).
`
`Fig. A
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 14
`
`Wing fixing portion
`
`PIG. 10Xe
`
`Wing
`_@ccommodation siot
`
`fixing surface of the base
`
`Slot for locking with one or*
`more of the two snaps on the
`
`18. With regards to claim 6, the catheter fixing assembly of Smith teaches the claimed
`
`invention of claim 5, and Smith further teaches (Fig. 8) wherein each of the two wing fixing
`
`portions (see Fig. B reiterated above) further comprises a protrusion (132; see Fig. 6 and Fig. 8
`
`which includes the same grasping ribs 132) configured to be grabbedto release the wing fixing
`
`portions from the second position (see Fig. 4, [0049] “permit removable attachmentof the
`
`tubing of a catheter”, [0070], and [0071)).
`
`19. With regards to claim 7, the catheter fixing assembly of Smith teaches the claimed
`
`invention of claim 3, and Smith further teaches (Fig. 8) wherein the wing accommodationslot
`
`(see Fig. B reiterated above) of each of the two wing fixing portions (see Fig. B reiterated
`
`above) faces the fixing surface (206; see Fig. 8 and [0083]) and is configured to accommodate
`
`one of the two wings (50; see [0052]) when the wing fixing portion is rotated to the second
`
`position (see Fig. 4, [0069], and [0072])).
`
`20. With regards to claim 9, the catheter fixing assembly of Smith teaches the claimed
`
`invention of claim 7, and Smith further teaches (Fig. 11) wherein each of the wing
`
`accommodationslots (see Fig. B reiterated below) comprises multiple pressing portions (see
`
`the Examiner annotated Fig. 8 below; hereinafter referred to as Fig. D and see the
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 15
`
`disclosure of paragraph [0066] describing how these pressing portions would be stretched
`
`or elongated to press on the catheter) configured to be in contact with the catheter fixing wing
`
`(46, 48, 50; see [0052]) and to incur deformation under compression whenthe wing fixing
`
`portionsare rotated to the second position (see Fig. 4 and see [0066], [0077], [0080] and [0081]
`
`which describetheelastic stretching or elongation of the restraining strap).
`
`Wingfixing portion
`
`PUG. 1 Qe
`
`Wing
`acegmmodation slot
`
`portions
`
`Slot for locking with one or*
`more of the two snaps on the
`fixing surface of the base
`
`Wing fixing portion
`ric
`Fig. BO
`Wing accommodation slot
`
`, Multiple pressing
`portions
`
`*%
`
`ric.1 {2SMultiple pressing
`Fig. D
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 16
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`21. With regardsto claim 10, the catheter fixing assembly of Smith teaches the claimed
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`invention of claim 1, and Smith further teaches (Figs. 2 and 8) further comprising an adhesive
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`tape (see [0055] “first adhesive layer 82”) attached to the adhering surface (see the bottom of
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`the base 204; see [0083] and Fig. 8) of the base (204; see [0082] and [0083]) and configured to
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`adhere the baseto the skin (see [0055], Fig. 1 and Fig. 2).
`
`22.
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`Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in
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`view of Biermanet al. (US 2006/0276752; hereinafter referred to as Bierman).
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`23. With regardsto claim 8, the catheter fixing assembly of Smith teaches the claimed
`
`invention of claim 7, however, Smith is silent with regards to the catheter fixing assembly further
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`comprising two limiting columnsonthefixing surface, located on opposite sides of the groove,
`
`wherein each ofthe limiting columnsfits into a round hole on one of the two wingsto limit
`
`positions of the two wings whenthe two wingfixing portionsare rotated to the second position.
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`Nonetheless, Bierman which is within the analogousart of medical article anchoring
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`systems (see abstract), teaches (Figs. 1 — 8) the catheter fixing assembly (10; see [0041] “the
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`anchoring system 10”) further comprising two limiting columns (22; see [0050] “The holes 40
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`are suitably disposed on the wing portions 38. The posts 22 of the securement device 14 are
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`sized to fit within the holes’) on the fixing surface (64; see [0072] “a bottom wall 64 of the
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`base 20”), located on opposite sides of the groove (see at 78 in Fig. 2), wherein each of the
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`limiting columnsfits into a round hole (40; see [0050]) on one of the two wings (26, 28; see
`
`[0041] “Two covers 26, 28”) to limit positions of the two wings whenthe two wing fixing
`
`portions are rotated to the second position (see Fig. 6 and [0078] “the posts 22 have a large
`
`enough diameterto provide stiffness, as well as to minimize longitudinal or lateral
`
`movement between the openings 40 andthe posts 22.).
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 17
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`It would have been obviousto one of ordinary skill in the art before the effective filing
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`date of the present invention to modify the fixing surface of the catheter fixing assembly of
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`Smith in view of a teaching of Bierman suchthat the catheter fixing assembly further comprising
`
`two limiting columnsonthe fixing surface, located on opposite sides of the groove, wherein each
`
`of the limiting columnsfits into a round hole on one of the two wingsto limit positions of the
`
`two wings when the two wingfixing portions are rotated to the second position. One of ordinary
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`skill in the art would have been motivated to make this modification, as Bierman teaches the
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`limiting columns further help to secure the catheter to the catheter fixing assembly. The limiting
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`columnsalso provide stiffness that minimizes longitudinal or lateral movement between the
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`round hole and the limiting column (see [0078], [0086], and [0105] of Bierman).
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`Conclusion
`
`24.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADEFINAL. See MPEP § 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
`
`MONTHSof the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTHshortened statutory period, then the shortened statutory period
`
`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
`
`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
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`however,will the statutory period for reply expire later than SIX MONTHSfrom the date of this
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`final action.
`
`
`
`Application/Control Number: 17/294,301
`Art Unit: 3783
`
`Page 18
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`25.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ROBERT F ALLEN whosetelephone numberis (571)272-6232.
`
`The examiner can normally be reached Monday-Friday 8:00 AM - 4:30 PM ET.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO Automated Interview Request (AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Chelsea Stinson can be reached on (571)270-1744. The fax phone numberfor the
`
`organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Center is available
`
`to registered users. To file and manage patent submissions in Patent Center, visit:
`
`https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more
`
`information about Patent Center and https://www.uspto.gov/patents/docx for information about
`
`filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC)
`
`at 866-217-9197 (toll-free). If you would like assistance from a USPTO CustomerService
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/ROBERT F ALLEN/
`Examiner, Art Unit 3783
`
`/WILLIAM R CARPENTER/
`Primary Examiner, Art Unit 3783
`08/21/2024
`
`