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Does the patent US20090292295A1 prevent manufacture or sale of an umbilical cord ligature device in the US?

Title: Umbilical cord ligature device Patent: US 20090292295 A1

1st Claim

A device for ligating an umbilical cord, said device comprising:

  1. a ligature assembled on the external surface of a ring; wherein,

    • by liberating said ligature in one continuous motion while said ring is positioned on an umbilical cord,
    • said ligature compresses and closes the umbilical cord thereby assuring hemostasis and preventing fluid leakage.

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US20090292295 is a US Patent Application not an issued Patent.

The application has received a Final Rejection by the US Patent Office as seen from thes screen shot from Public PAIR below.

The applicant has modified the claims as follows and paid the USPTO for a Request for Continued Examination:

A device positionable on an umbilical cord, said device comprising:

  1. a ligature assembled on a substantially smooth external surface of a semi rigid ring having a slit therethrough; wherein,

    • by manually twisting said rigid ring into a helical shape said ligature is liberated while said ring is positioned on an umbilical cord such that
    • said ligature compresses and closes the umbilical cord assuring hemostasis and preventing fluid leakage

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At this point (prior to any allowance and grant) this is just an application for a patent is not enforceable unless and until grant.

To learn more about Public PAIR and how to determine whether a patent application is issued see this question:

Is this patent still valid and in force?

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  • Thank you very much for your reply, I hes very pleased to receive good news about our project ... We have two years trying to negotiate with the inventor of this divice without achieving us access with your permission to manufacture and market, all this despite the interest shown in us to do ... now understand why the inventor has not been seriously with the commitments we have relied on mutual agreement. Last question please! We understand then we can perform without fear manufacturing and marketing legal issues regarding Patent and Trademark? Regards!
    – Rodolfo Sanchez Herrera
    Commented Sep 6, 2013 at 12:19
  • Rodolfo, Glad to help. The answer above shouldn't be construed as legal advice and you'd need to consult legal counsel to get a legal opinion on whether you can manufacture and market your device. Note that the claims have been amended as above and the applicant has paid for a continued examination. so the patent application could eventually be allowed and granted. Also, there may be other patents or trademarks which your device could infringe. Hopefully the information above is helpful to your attorney when you consult him or her about your specific situation.
    – Micah Siegel
    Commented Sep 6, 2013 at 18:05

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