Ex Parte Miller

Patent Trial and Appeal Board

Jul 6, 2018

14272918 (P.T.A.B. Jul. 6, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
14/272,918 05/08/2014
23405 7590 07/06/2018
HESLIN ROTHENBERG FARLEY & MESITI PC
5 COLUMBIA CIRCLE
ALBANY, NY 12203
UNITED ST A TES OF AMERICA
Stephen Miller
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
N-008 CON2 (3608.021) 4006
EXAMINER
HALL, DEANNA K
ART UNIT PAPER NUMBER
3763
MAILDATE DELIVERY MODE
07/06/2018 PAPER
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.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte STEPHEN MILLER
Appeal2017-008330
Application 14/272,918
Technology Center 3700
Before LYNNE H. BROWNE, ERIC C. JESCHKE, and
SEAN P. O'HANLON, Administrative Patent Judges.
BROWNE, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134 from the rejection of claims
1-10 under 35 U.S.C. § 102(b) as anticipated by Blanchard (US
2007 /0161940 Al, pub. July 12, 2007). We have jurisdiction under 35
U.S.C. § 6(b ).
We reverse.
Appeal2017-008330
Application 14/272,918
CLAIMED SUBJECT MATTER
Claim 1, reproduced below, is illustrative of the claimed subject
matter:
1. A device to provide access to the vascular system of a patient,
compnsmg:
a valve component comprising:
a first mateable housing portion;
a second mateable housing portion, the second
mateable housing portion including a protrusion;
a recess defined by the first mateable housing
portion, the recess comprising a first surface and a second
surface, the first surface and second surface coming together to
create an edge, the protrusion extending into the recess when the
first and the second mateable housing portions are mated in an
operative configuration; and
a flexible membrane comprising a slit configured to
open under a threshold fluid pressure and a radially outer portion
displaced into the recess by the protrusion, the first surface of the
recess facing away from the flexible membrane and the second
surface of the recess facing the flexible membrane;
a catheter in fluid communication with the valve
component.
DISCUSSION
The Examiner finds that Blanchard discloses each and every
limitation of claim 1. See Final Act. 2--4. In particular, the Examiner finds
that Blanchard discloses a "recess comprising a first surface, a second
surface" and "a flexible membrane 155" wherein "the first surface of the
recess facing away from a central portion of the flexible membrane and the
second surface of the recess facing the central portion of the flexible
membrane." Id. at 3 (emphasis added).
2
Appeal2017-008330
Application 14/272,918
Appellant contends that "Blanchard fails to disclose a recess
comprising a first surface and a second surface, where the first surface of the
recess faces away from the flexible membrane and the second surface faces
the flexible membrane." Appeal Br. 4. In support of this argument,
Appellant notes that, as shown in Blanchard's Figure 8, "both the first and
second surfaces that form the recess, as defined by the Examiner, face the
diaphragm." Id.
Appellant is correct. As shown in the enlarged partial annotated
version of Blanchard's Figure 8 included in the Answer and reproduced
below, the first and second surfaces face the diaphragm.
This Figure is an enlarged partial annotated illustration of a cross
section view of one embodiment of a valve assembly. See Ans. 4; see also
Blanchard Fig. 8. As shown in this Figure, Blanchard's first and second
surfaces face the L-shaped portion of Blanchard's flexible membrane 155.
Thus, the Examiner's finding is in error.
For this reason, we do not sustain the Examiner's decision rejecting
claim 1, and claims 2-10, which depend therefrom.
3
Appeal2017-008330
Application 14/272,918
DECISION
The Examiner's rejection of claims 1-10 is REVERSED.
REVERSED
4