MEDCOMP EXHIBIT 2001
`C.R. Bard v. Medical Components
`IPR2015-01660
`
`

`
`Application No. l 1/368,954
`Reply to Office Action of October 2, 2009
`
`IN THE CLAIMS
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`Please amend the claims as follows:
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`Claims 1-41 (Canceled).
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`Claim 42 (New): A venous access port assembly for implantation into a patient,
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`comprising:
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`a plastic housing having an outlet and a housing base,
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`a metal disk, and
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`a needle-penetrable septum, the needle-penetrable septum and the plastic housing
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`together defining a reservoir,
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`wherein the metal disk is incorporated in the housing base and includes a radiopaquc
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`feature that conveys information indicative of an attribute of the assembly when an X—ray of
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`the patient is taken after implantation so that a practitioner can be advised after implantation
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`by the information indicative of an attribute of the assembly.
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`Claim 43 (New): The assembly of claim 42, wherein the radiopaque feature is etched
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`into the metal disk.
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`Claim 44 (New): The assembly of claim 42, wherein the radiopaque feature includes
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`an alphanumeric message.
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`Claim 45 (New): The assembly of claim 42, wherein the radiopaque feature includes
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`radiographically discemable markings applied to the metal disk.
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`

`
`Application No. 1 1/368,954
`Reply to Office Action of October 2, 2009
`
`Claim 46 (New): The assembly of claim 42, wherein the housing includes
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`radiotransparent material surrounding the housing base.
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`Claim 47 (New): A venous access port assembly for implantation into a patient,
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`comprising:
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`a housing having an outlet, and
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`a needle-penetrable septum, the needle-penetrable septum and the housing together
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`defining a reservoir,
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`wherein:
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`the assembly includes at least one feature observable through interaction with X-rays
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`subsequent to subcutaneous implantation of the assembly, and
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`the at least one feature conveys information indicative of an attribute of the assembly.
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`Claim 48 (New): The assembly of claim 47, wherein the feature is metal and
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`provided on an exterior of the assembly.
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`Claim 49 (New): The assembly of claim 47, wherein the feature includes
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`an alphanumeric message.
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`Claim 50 (New): The assembly of claim 48, wherein the feature includes
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`radiographically discemable markings applied to the exterior of the assembly.
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`Claim 51 (New): The assembly of claim 47, wherein the housing has a base and the
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`assembly includes radiotransparent material surrounding the base.
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`

`
`Application No. 1 l/368,954
`Reply to Office Action of October 2, 2009
`
`Claim 52 (New): A venous access port assembly for implantation into a patient,
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`comprising:
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`a housing having a discharge port, a needle-penetrable septum, and a cap securable to
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`the housing and retaining the septum securely in the assembly, the housing has a housing
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`base defining a bottom wall of at least one reservoir, and the housing base has an outwardly
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`facing bottom surface, and
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`the housing base includes radiopaque markings, the radiopaque markings include
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`indicia that convey information indicative of an attribute of the assembly when an X-ray of
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`the patient is taken after implantation so that a practitioner can be advised after implantation
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`by the indicia of the attribute of the assembly.
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`Claim 53 (New): The assembly of claim 52, wherein the radiopaque markings are
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`applied to a surface of the housing base.
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`Claim 54 (New): The assembly of claim 52 wherein the radiopaque markings are
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`applied to the outwardly facing bottom surface of the housing base.
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`Claim 55 (New): The assembly of claim 52, wherein the housing includes
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`radiotransparent material molded around the housing base.
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`Claim 56 (New): The assembly of claim 52, wherein the radiopaque indicia include
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`alphanumeric characters.
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`Claim 57 (New) A venous access port assembly for implantation into a patient,
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`comprising:
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`

`
`Application No. 1 1/368,954
`Reply to Office Action of October 2, 2009
`
`a housing and a needle-penetrable septum together defining a reservoir; and
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`the housing including an outlet, the housing also including a radiopaque geometry
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`observable through interaction with X-rays subsequent to subcutaneous implantation of the
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`assembly into the patient, the radiopaque geometry identifying an attribute of the assembly.
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`Claim 58 (New): The assembly of claim 57, wherein the radiopaque geometry
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`includes an alphanumeric message.
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`Claim 59 (New): The assembly of claim 57, wherein the radiopaque geometry
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`includes at least one radiographically discemable marking.
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`Claim 60 (New): The assembly of claim 57, wherein the housing has a base and the
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`assembly includes radiotransparent material surrounding the housing base.
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`Claim 61 (New) A venous access port assembly for implantation into a patient,
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`comprising:
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`a housing and a needle-penetrable septum together defining a reservoir; and
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`the housing including an outlet, the housing also including radiopaque markings, and
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`the radiopaque markings including indicia that convey information indicative of an attribute
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`of the assembly when an X-ray of the patient is taken after implantation so that a practitioner
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`can be advised after implantation by the indicia of the attribute of the assembly.
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`Claim 62 (New): The assembly of claim 61 , wherein the radiopaque indicia includes
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`an alphanumeric message.
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`

`
`Application No. 1 1/368,954
`Reply to Office Action of October 2, 2009
`
`REMARKS/ARGUMENTS
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`Applicants herein amend the present application. Active claims 1, 8, 20-26, and 28-
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`40 are herein canceled. Claims 2-7, 9-19, 27, and 41 were previously canceled. Claims 42-
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`62 are added. Support for the added claims is found at least in the specification at Figures
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`1A, 1B, 52A, and 52B, and in paragraphs [0043] and [OO73]. No new matter is added.
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`Of the added claims, claims 52-56 are closely modeled on claims 1, 2, 3, 5, and 12 of
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`U.S. Patent Application No. 11/725,287 to 1. Moreover, claims 42-51 and 57-62 also
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`substantially correspond to the same claims. Applicants submit herewith a Suggestion of an
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`Interference with the Zinn application and an amendment of inventorship.
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`In the outstanding Office Action, the Office rejected claims 1, 8, 20-26, and 28-40
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`under 35 U.S.C. § l03(a) as obvious over U.S. Patent No. 6,527,754 to Tallarida in view of
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`U.S. Patent No. 5,044,955 to J_agmin. These rejections are obviated by the cancelation of all
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`of the claims under rejection.
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`Newly added claims 42-62 are patentable over the cited references.
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`Claim 42, from which claims 43-46 depend, is directed to a venous access port
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`assembly for implantation into a patient, comprising a plastic housing base including a
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`radiopaque feature that conveys information. The information is indicative of an attribute of
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`the assembly when an X-ray of the patient is taken after implantation so that the practitioner
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`can be advised after implantation by the information indicative of the attribute of the
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`assembly.
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`Claim 47, from which claims 48-51 depend, is directed to a venous access port
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`assembly for implantation into a patient, in which at least one feature of the assembly is
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`observable via X-ray subsequent to subcutaneous implantation of the assembly. The feature
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`conveys information indicative of an attribute of the assembly.
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`

`
`Application No. 11/368,954
`Reply to Office Action of October 2, 2009
`
`Claim 52, from which claims 53-56 depend, is directed to a venous access port
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`assembly having a housing base including radiopaque markings. The radiopaque markings
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`include indicia which convey information indicative of an attribution of the assembly.
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`Claim 57, from which claims 58-60 depend, is directed to a Venous access port
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`assembly in which a housing of the assembly includes a radiopaque geometry observable
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`through interaction with X-rays. The radiopaque geometry identifies an attribute of the
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`assembly.
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`Claim 61, from which Claim 62 depends, is directed to a venous access port in which
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`the housing includes radiopaque markings. The markings include indicia that convey
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`information indicative of an attribute of the assembly when an X—ray of the patient is taken
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`after implantation.
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`Tallarida discloses a vascular access port that has a reservoir with a metallic bottom.
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`Further, Tallarida teaches providing palpable indication features in the port septa. However,
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`Tallarida does not teach or suggest a port having a housing base that include radiopaque
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`markings or features that are observable through interaction with X-rays subsequent to
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`subcutaneous implantation of the port, or that include indicia that convey information
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`regarding an attribute of the device.
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`Jagmin cannot remedy the deficiency of Tallarida. Jagmin discloses a radiographic—
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`readable personal information carrier that is installed in a person’s tooth that can carry
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`personal information about the person. J agmin teaches nothing about venous access ports.
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`Further, the information conveyed in the i carrier is identification data for the person in
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`whose tooth the carrier is installed. i Abstract.
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`It is not information identifying an
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`attribute of the carrier itself.
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`One of skill in the art at the relevant time would not have been led to modify the port
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`of Tallarida to include the teachings of Jagmin to make the claimed invention. If the
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`

`
`Application No. 11/368,954
`Reply to Office Action of October 2, 2009
`
`proposed combination of two references would render the devices disclosed in the references
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`unsatisfactory for their intended purpose, a person of ordinary skill in the art would have no
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`reason to make the combination. In re Gordon, 733 F.2d 900, 221 USPQ 1 125 (Fed. Cir.
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`1984).
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`In the present case, the Tallarida port is described as having a metallic bottom of the
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`reservoir that provides a hard surface that will resist abrasion and puncture by access needles.
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`Tallarida Abstract. In order to do so, the port comprises a titanium or stainless steel cup
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`portion. Tallarida, col. 7, 11. 18-27. This cup portion is radiopaque, and it would obscure any
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`positive radiographic—readable information included on the cup.
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`The other cited reference, ggfl, teaches two different forms of a carrier.
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`In one
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`form, radiopaque material is applied to a radiolucent plate, which is installed, such that a
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`positive radiographic image is formed. J_agm_m, col. 4, ll.
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`1 1-31, Fig. 1A. In the other form,
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`Qgmig teaches forming a negative image by cutting identifying characters out of a plate of
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`radiopaque material. ggm_in, col. 4, 11. 32-42, Fig. 2. As noted, a positive radiographic
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`image as taught by Qgngin would be obscured by the titanium or stainless steel plate of plate
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`of Tallarida. Thus, the only possible method of modifying the Tallarida cup to include
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`radiographic—readable information as taught by J_agm_in would be to cut identifying characters
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`out of the titanium or stainless steel cup, to form a negative image. However, cutting out
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`portions of the titanium or stainless steel cup would compromise the integrity of the cup, and
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`the cup would no longer effectively function to resist abrasion and puncture by access
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`needles. Thus, the modification would render the Tallarida port unsatisfactory for its
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`intended purpose.
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`As demonstrated above, one skilled in the art in the 2006 time frame would have had
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`no reason to make the combination of Tallarida and %. Thus, the combination would
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`not have been obvious.
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`

`
`Application No. 11/368,954
`Reply to Office Action of October 2, 2009
`
`Failing to teach or suggest a venous access port assembly for implantation into a
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`patient having a housing base including a radiopaque feature that conveys information
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`indicative of an attribute of the assembly, a venous access port assembly having a housing
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`base including radiopaque markings with indicia that convey information indicative of an
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`attribute of the assembly, or a venous access port assembly in which at least one feature of
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`the access port which conveys information indicative of an attribute of the assembly is
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`observable through interaction with imaging technology subsequent to subcutaneous
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`implantation of the access port, the combination of Tallarida and Jagmin cannot render any of
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`claims 42-62 obvious.
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`In light of the above discussion, the present application is believed to be in condition
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`for allowance but for the fact that the claims interfere with the claims of the Zinn application.
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`Hence, it is respectfully suggested that, if the Examiner finds Zinn claims to be otherwise
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`allowable, he should recommend the declaration of an interference.
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`Respectfully submitted,
`
`MAIER & NEUSTADT, L.L.P.
`0
`
`4
`w. Todd Baker
`
`Attorney of Record
`Registration No. 45,265
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`Customer Number
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`Tel: (703) 413-3000
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`Fax: (703) 413 -2220
`<0SMMN 07/09)
`
`Of Counsel
`
`Charles L . Gholz, Esq.
`Registration No. 26,395
`OBLON, SPIVAK, MCCLELLAND,
`MAIER & NEUSTADT, P.C.
`1940 Duke Street
`
`Alexandria, Virginia 22314
`(703) 412-6485 (Direct dial)
`(703) 413-2220 (Facsimile)
`CGHOLZ@OBLON.COM (E-Mail)
`
`

`
`Application No. 11/368,954
`Reply to Office Action of October 2, 2009
`
`John D. Dellinger, Esq.
`Registration No. 50,436
`OBLON, SPIVAK, MCCLELLAND,
`MAIER & NEUSTADT, P.C.
`1940 Duke Street
`
`Alexandria, Virginia 22314
`(703) 412-1425 (Direct dial)
`(703) 413-2220 (Facsimile)
`JDELLINGER@OBLON.COM (E-Mail)
`
`10
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`

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`Electronic Acknowledgement Receipt
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`Application Number:
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`International Application Number:
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`6351202
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`11368954
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`Confirmation Number:
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`5778
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`Title of Invention:
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`Access port identification systems and methods
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`First Named Inventor/Applicant Name:
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`Customer Number:
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`Filer Authorized By:
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`Attorney Docket Number:
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`Receipt Date:
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`Filing Date:
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`Time Stamp:
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`Application Type:
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`Payment information:
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`Submitted with Payment
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`Payment Type
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`Payment was successfully received in RAM
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`RAM confirmation Number
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`Credit Card
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`$570
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`7655
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`Authorized User
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`FHeLBfing:
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`Multi
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`Pages
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`347719USfeetrans.pdf
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`8477687
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`ce64f4ed28e6c7ba2c7753d6f9ffc04683b7 '
`f9a
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`Multipart Description/PDF files in .zip description
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`Miscellaneous Incoming Letter
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`Request under Rule 48 correcting inventorship
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`Amendment/Req. Reconsideration-After Non-Final Reject
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`Applicant Arguments/Remarks Made in an Amendment
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`Miscellaneous Incoming Letter
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`Rule 130, 131 or 132 Affidavits
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`89fb8C740b65532d6el a38ff279db86597a 2‘
`bb7a
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