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 .
Acknowledgment
Claims 1, 10, 15, 21 are amended and filed on 4/1/2026.
Claim Rejections - 35 USC § 112
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.
Claims 10-12, 15-17, 19-22, 24-26 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 10 recites the limitation "the fluid flow path" in lines 10-11. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the fluid flow path" in lines 9-10. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the fluid flow path" in line 10. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 3, 8, 21-23, 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US. 20200338260A1) in view Shaw et al. (US. 5891223) (“ Shaw”) and further in view of Minh Miner et al. (US. 20050171491A1) (“Minh”).
Re claim 1, Kim discloses an air venting device (Fig. 1a- 11) for facilitating self-priming of a fluid line (abstract, ¶0151), comprising: an adapter (715, ¶0072) for connecting vascular access devices (¶0105, the injection can be used to inject a fluid to the vascular system), the adapter comprising a tubular body (715) having a hollow interior defining a fluid flow path (F6, ¶0086); and a vent plug (730) detachably coupled to at least a portion of the tubular body (the body can be releasably attached vent plug by threads, ¶0154), the vent plug comprising: an inner circumferential surface (inner surface of 734) defining an internal chamber of the vent plug (space within 733 Fig. 11), wherein the fluid flow path of the adapter fluidly communicates the adapter with the internal chamber of the vent plug (Fig. 11, ¶0154); a raised pedestal portion extending longitudinally from a distal end of the tubular body (raised area under 732, Annotated Fig. 11 of Kim) and defining an inlet port (Annotated Fig. 11 of Kim); and an absorbent polymer material disposed in the internal chamber of the vent plug (sponge 732, ¶0152), the absorbent polymer material configured to (i) vent air in the fluid to an exterior of the air venting device (¶0152) (ii) absorb a liquid entering the internal chamber from the fluid flow path (¶0152), and wherein air entrained in the liquid entering the internal chamber from the fluid flow path is vented to the exterior of the air venting device (¶0152), and further discloses an upper chamber (chamber for the absorbent material 732), but it fails to specifically disclose that a porous membrane layer disposed between the inlet port of the raised pedestal portion and an upper chamber of the internal chamber, wherein the porous membrane layer is non-hydrophobic permits weeping of the fluid though a material of the porous membrane layer extending continuously across an entirety of the inlet port and under pressure from the fluid flow path; and the absorbent polymer material is superabsorbent polymer material configured to (iii) expand in volume as the liquid is absorbed into the superabsorbent polymer material and (iv) once expanded, vent the air entrained in the liquid to the exterior of the air venting device.
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Annotated Fig. 1 of Kim
However, Shaw discloses a vent filter (Fig. 1-2) and wherein raised portion (11), Fig. 2) and a porous membrane layer (lower layer 14, Col. 1, lines 59-65 and Col. 3, lines 55-65) disposed between the inlet port (upper opening of 12) of the raised pedestal portion (11) and an upper chamber (chamber of 22); a polymer material (13, Col. 2, lines 30-35) and wherein the porous membrane layer is non-hydrophobic (abstract, Col. 2, lines 30-40 as does not absorb water) and permits weeping of the fluid though a material of the porous membrane layer extending continuously across an entirety of the inlet port and under pressure from the fluid flow path (Fig. 2, Col. 2, lines 20-26, Col. 3, lines 15-25).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Kim to include a porous membrane layer disposed between the inlet port of the raised pedestal portion and an upper chamber of the internal chamber, wherein the porous membrane layer is non-hydrophobic permits weeping of the fluid though a material of the porous membrane layer extending continuously across an entirety of the inlet port and under pressure from the fluid flow path as taught by Shaw for the purpose of retaining the filter and hold the filter in place so it does not deform under pressure (Shaw, Col. 3, lines 60-65).
The modified Kim fails to disclose that the absorbent polymer material is superabsorbent polymer material configured to (iii) expand in volume as the liquid is absorbed into the superabsorbent polymer material and (iv) once expanded, vent the air entrained in the liquid to the exterior of the air venting device.
However, Minh discloses a vent plug (Figs. 1-4, abstract, ¶0014) and wherein the vent plug has a superabsorbent polymer material (¶0014,¶0037, ¶0038). configured to (iii) expand in volume as the liquid is absorbed into the superabsorbent polymer material (¶0036) and (iv) once expanded, vent the air entrained in the liquid to the exterior of the air venting device (¶0036, Note the super absorbent polymer in Minh ¶0037are similar to the material are used in the application in ¶0034).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the vent of Kim so that the absorbent polymer material is superabsorbent polymer material configured to (iii) expand in volume as the liquid is absorbed into the superabsorbent polymer material and (iv) once expanded, vent the air entrained in the liquid to the exterior of the air venting device as taught by Minh for the purpose of using a suitable absorptive material in vent plug which increase liquid trapping withing the filter in the chamber (Minh,¶0037, ¶0038).
Re claim 3, Kim discloses wherein the vent plug further comprises a lower chamber (annotated Fig. 11 of Kim.) and a perforated screen (filter 731) disposed at a proximal end of the vent plug upper chamber (close to 733a), wherein the air is vented to the exterior of the venting device via the perforated screen (¶0151).
Re claim 8, Kim fails to disclose wherein the superabsorbent polymer material expands at least 300 percent in volume upon absorbing the liquid entering the internal chamber from the fluid flow path.
However, Minh discloses a vent plug (Figs. 1-4, abstract, ¶0014) and wherein the vent plug has a superabsorbent polymer material (¶0014,¶0037, ¶0038) and wherein the superabsorbent polymer material expands at least 300 percent in volume upon absorbing the liquid entering the internal chamber from the fluid flow path (the material of Minh is capable to expand as it made from the same material as the current application see Minh ¶0037 the current application in ¶0034 ).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the filter of Kim to so that the superabsorbent polymer material expands at least 300 percent in volume upon absorbing the liquid entering the internal chamber from the fluid flow path as taught by Minh for the purpose of using a suitable absorptive material in vent plug which increase liquid trapping withing the filter in the chamber (Minh,¶0037, ¶0038).
Re claim 20, Kim fails to disclose wherein the superabsorbent polymer material is impregnated on a base material.
However, Urfig discloses a vent plug (Figs. 1-3, abstract) and wherein the vent plug (10) has a superabsorbent polymer material (15, ¶0013, ¶0046) configured to (ii) expand in volume as the liquid is absorbed into the superabsorbent polymer material and wherein the superabsorbent polymer material comprises at least one material selected from the group consisting of acrylic acid sodium salt (¶0048, sodium polyacrylate which the generic name for the acrylic acid sodium salt) and further comprises a porous membrane (20, ¶0041) interposed between the upper and lower chambers (14, 30), wherein the superabsorbent polymer material is impregnated on a base material (Urfig discloses in ¶0045 and ¶0055 that the material can be doped on polymer).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified device of Urfig to include a porous membrane so that the superabsorbent polymer material is impregnated on a base material. as taught by Urfig for the purpose of using a suitable absorptive material in vent plug which increase liquid trapping within the filter in the chamber (Urfig,¶0041 ¶0045).
Re claim 21, Kim discloses a vent plug (Figs.1a-11, abstract), comprising: a substantially tubular body (733, Fig. 11) having an upper chamber (space fir 732), a lower chamber (annotated Fig. 11 of Kim) and an inner circumferential surface defining an internal chamber of the tubular body ( inner of 733, Fig. 11); a raised pedestal portion (annotated Fig. 11 of Kim) extending longitudinally from a distal end of the tubular body and defining an inlet port (port close to 715a, annotated Fig. 11 of Kim); a perforated screen (731, ¶0152) coupled to the inner circumferential surface at a proximal end of the tubular body (Fig. 11); and a absorbent polymer material (732, ¶0152) configured to (i) vent air in the fluid to an exterior of the air venting device (¶0152), (ii) absorbs a liquid entering the internal chamber from the fluid flow path (¶0086, ¶0152), but it fails to disclose a porous membrane layer disposed between the inlet port of the raised pedestal portion and the upper chamber, wherein the porous membrane layer is non hydrophobic and permits weeping of fluid through a material of the porous membrane layer extending continuously across an entirety of the inlet port and under pressure from the fluid flow path; wherein absorbent material is the superabsorbent polymer material is configured expand in volume as the liquid absorbed into the superabsorbent polymer material and (iv) once expanded, vent the air entrained in the liquid to the exterior of the air venting device .
However, Shaw discloses a vent filter (Fig. 1-2) and wherein raised portion (11), Fig. 2) and a porous membrane layer (lower layer 14, Col. 1, lines 59-65 and Col. 3, lines 55-65) disposed between the inlet port (upper opening of 12) of the raised pedestal portion (11) and an upper chamber (chamber of 22); a polymer material (13, Col. 2, lines 30-35) and wherein the porous membrane layer is non-hydrophobic (abstract, Col. 2, lines 30-40 as does not absorb water) and permits weeping of the fluid though a material of the porous membrane layer extending continuously across an entirety of the inlet port and under pressure from the fluid flow path (Fig. 2, Col. 2, lines 20-26, Col. 3, lines 15-25).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Kim to include a porous membrane layer disposed between the inlet port of the raised pedestal portion and the upper chamber, wherein the porous membrane layer is non hydrophobic and permits weeping of fluid through a material of the porous membrane layer extending continuously across an entirety of the inlet port and under pressure from the fluid flow path as taught by Shaw for the purpose of retaining the filter and hold the filter in place so it does not deform under pressure (Shaw, Col. 3, lines 60-65).
The modified Kim fails to disclose wherein absorbent material is the superabsorbent polymer material is configured expand in volume as the liquid absorbed into the superabsorbent polymer material and (iv) once expanded, vent the air entrained in the liquid to the exterior of the air venting device .
However, Minh discloses a vent plug (Figs. 1-4, abstract, ¶0014) and wherein the vent plug has a superabsorbent polymer material (¶0014,¶0037, ¶0038). configured to (iii) expand in volume as the liquid is absorbed into the superabsorbent polymer material (¶0036) and (iv) once expanded, vent the air entrained in the liquid to the exterior of the air venting device (¶0036, Note the super absorbent polymer in Minh ¶0037are similar to the material are used in the application in ¶0034).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the vent of Kim so that absorbent material is the superabsorbent polymer material is configured expand in volume as the liquid absorbed into the superabsorbent polymer material and (iv) once expanded, vent the air entrained in the liquid to the exterior of the air venting device as taught by Minh for the purpose of using a suitable absorptive material in vent plug which increase liquid trapping withing the filter in the chamber (Minh,¶0037, ¶0038).
Re Claim 22, Kim discloses a seating surface (top surface of the raised portion, Kim, Fig. 11) extending axially in the lower chamber, the seating surface comprising a fluid channel fluidly (channel within 734, Kim, Fig. 11) communicated with a lumen of a needle device configured to be inserted into a patient ( 610, Fig.1a, ¶0044 ).
Re Claim 23, Kim discloses wherein the inlet port terminates at a seating surface of the raised pedestal portion (annotated Fig, 11 of Kim).
Re Claim 26, Kim discloses wherein the inlet port terminates at a seating surface of the raised pedestal portion (annotated Fig, 1 of Kim).
Re Claim 27, the modified Kim discloses wherein the porous membrane is disposed on the seating surface of the raised pedestal portion (top of 263, Fig. 3 of Kim).
Claim(s) 4, 10-12, 15-17, 19-20, 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view Shaw and Minh and further in view of Urfig et al. (US. 20060248917A1) (“Urfig”).
Re claim 4, Kim in view Shaw and Minh fails to disclose wherein the superabsorbent polymer material comprises a plurality of powder or granulated material disposed in a common volume between the porous membrane and the perforated screen the porous membrane configured to permit the liquid with entrained air to flow into the internal chamber from the fluid flow path and to restrain the powder or granulated material from entering the fluid flow path.
However, Urfig discloses a vent plug (Figs. 1-3, abstract) and wherein the vent plug (10) has a superabsorbent polymer material (15, ¶0013, ¶0046) configured to (ii) expand in volume as the liquid is absorbed into the superabsorbent polymer material and wherein the superabsorbent polymer material comprises at least one material selected from the group consisting of acrylic acid sodium salt (¶0048, sodium polyacrylate which the generic name for the acrylic acid sodium salt) and further comprises a porous membrane (18, ¶0041) interposed between the upper and lower chambers (14, 30), wherein the superabsorbent polymer material comprises a plurality of powder or granulated material disposed (15, ¶0045) in a common volume between the porous membrane and the perforated screen (28) the porous membrane configured to permit the liquid with entrained air to flow into the internal chamber from the fluid flow path and to restrain the powder or granulated material from entering the fluid flow path (Fig. 1).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified device of Kim in view Shaw and Minh so that the superabsorbent polymer material comprises a plurality of powder or granulated material disposed in a common volume between the porous membrane and the perforated screen the porous membrane configured to permit the liquid with entrained air to flow into the internal chamber from the fluid flow path and to restrain the powder or granulated material from entering the fluid flow path as taught by Urfig for the purpose of using a suitable absorptive material form in vent plug which increase liquid trapping withing the filter in the chamber (Urfig,¶0041 ¶0045, Note all arts are related to venting and trapping liquid by using an absorbing material and let the gas to penetrate).
Re claim 10, Kim discloses a method of assembling an auto-priming vent plug (abstract, ¶0151, Figs.1a -11), the method comprising the steps of: providing a substantially tubular body (733) having an upper chamber (space for 732 ), a lower chamber (annotated Fig. 11 of Kim), a raised pedestal portion (annotated Fig. 11 of Kim) extending longitudinally from a distal end of the tubular body including an inlet port ( 715a) defining a seating surface (inner surface around 734) extending longitudinally in the lower chamber (Fig. 11), and an inner circumferential surface defining an internal chamber of the tubular body (chamber inside 733); coupling a perforated screen to the inner circumferential surface at a proximal end of the tubular body (731, ¶0151); and interposing an absorbent polymer material (732) in the upper chamber between the perforated screen and the seating surface (insertion of 732 on the top surface of the raised pedestal portion), and the absorbent polymer material id configured to vent air in the fluid to an exterior of the air venting device (¶0152), absorb a liquid entering the internal chamber from the fluid flow path (¶0086, ¶0152), but it fails to specifically disclose that coupling a porous membrane to the seating surface, between the inlet port of the raised pedestal portion and the upper chamber, wherein the porous membrane layer is non-hydrophobic and permits weeping of the fluid though a material of the porous membrane layer extending continuously across an entirety of the inlet port and under pressure from the fluid flow path; the absorbing material is a superabsorbent polymer material and expand in volume and once expanded, vent the air entrained in the liquid to the exterior of the venting device and the superabsorbent polymer material comprises at least one material selected from the group consisting of acrylic acid sodium salt an ethylene maleic anhydride copolymer, polyvinyl alcohol copolymers, or a starch grafted copolymer of polyacrylonitrile.
However, Shaw discloses a vent filter (Fig. 1-2) and wherein raised portion (11), Fig. 2) and a porous membrane layer (lower layer 14, Col. 1, lines 59-65 and Col. 3, lines 55-65) disposed between the inlet port (upper opening of 12) of the raised pedestal portion (11) and an upper chamber (chamber of 22); a polymer material (13, Col. 2, lines 30-35) and wherein the porous membrane layer is non-hydrophobic (abstract, Col. 2, lines 30-40 as does not absorb water) and permits weeping of the fluid though a material of the porous membrane layer extending continuously across an entirety of the inlet port and under pressure from the fluid flow path (Fig. 2, Col. 2, lines 20-26, Col. 3, lines 15-25).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Kim to include a porous membrane layer so that the method includes a step of coupling a porous membrane to the seating surface, between the inlet port of the raised pedestal portion and the upper chamber, wherein the porous membrane layer is non-hydrophobic and permits weeping of the fluid though a material of the porous membrane layer extending continuously across an entirety of the inlet port and under pressure from the fluid flow path as taught by Shaw for the purpose of retaining the filter and hold the filter in place so it does not deform under pressure (Shaw, Col. 3, lines 60-65).
The modified Kim fails to disclose that the absorbent polymer material is superabsorbent polymer material configured to expand in volume and once expanded, vent the air entrained in the liquid to the exterior of the venting device and the superabsorbent polymer material comprises at least one material selected from the group consisting of acrylic acid sodium salt an ethylene maleic anhydride copolymer, polyvinyl alcohol copolymers, or a starch grafted copolymer of polyacrylonitrile
However, Minh discloses a vent plug (Figs. 1-4, abstract, ¶0014) and wherein the vent plug has a superabsorbent polymer material (¶0014,¶0037, ¶0038) and configured to expand in volume as the liquid is absorbed into the superabsorbent polymer material (¶0036) and once expanded, vent the air entrained in the liquid to the exterior of the air venting device (¶0036, Note the super absorbent polymer in Minh ¶0037are similar to the material are used in the application in ¶0034).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the filter of Kim so that the absorbent polymer material is superabsorbent polymer material configured to expand in volume and once expanded, vent the air entrained in the liquid to the exterior of the venting device as taught by Minh for the purpose of using a suitable absorptive material in vent plug which increase liquid trapping withing the filter in the chamber (Minh,¶0037, ¶0038).
The modified Kim in view of Shaw and Minh fails to disclose the superabsorbent polymer material comprises at least one material selected from the group consisting of acrylic acid sodium salt an ethylene maleic anhydride copolymer, polyvinyl alcohol copolymers, or a starch grafted copolymer of polyacrylonitrile
However, Urfig discloses a vent plug (Figs. 1-3, abstract) and wherein the vent plug (10) has a porous membrane layer (18) disposed between the inlet port of the raised pedestal portion (30) and the upper chamber (chamber of 12 or 14); a superabsorbent polymer material (15, ¶0013, ¶0046) configured to (ii) expand in volume as the liquid is absorbed into the superabsorbent polymer material and wherein the superabsorbent polymer material comprises at least one material selected from the group consisting of acrylic acid sodium salt (¶0048, sodium polyacrylate which the generic name for the acrylic acid sodium salt), an ethylene maleic anhydride copolymer, polyvinyl alcohol copolymers, or a starch grafted copolymer of polyacrylonitrile (Note the material are similar to the material are used in the application in ¶0034. So the material expected to expand in similar manner. Also, both arts are related as the venting with absorbing material that absorb the liquid and let the gas to penetrate).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Kim so that the superabsorbent polymer material comprises at least one material selected from the group consisting of acrylic acid sodium salt an ethylene maleic anhydride copolymer, polyvinyl alcohol copolymers, or a starch grafted copolymer of polyacrylonitrile as taught by Urfig for the purpose of using a suitable absorptive material in vent plug which increase liquid trapping withing the filter in the chamber (Urfig,¶0041 ¶0045).
Re claim 11, the modified Kim discloses wherein the superabsorbent polymer material comprises at least one material selected from the group consisting of a sponge, a sheet, or a mesh material (Kim discloses 732 is a sponge, ¶0152).
Re claim 12, Kim fails to disclose coupling wherein the superabsorbent polymer material comprises a plurality of powder or granulated material disposed in a common volume between the porous membrane and the perforated screen and the porous membrane and the perforated screen prevent the powder or granulated material from entering the internal chamber.
However, Urfig discloses a vent plug (Figs. 1-3, abstract) and wherein the vent plug (10) has a superabsorbent polymer material (15, ¶0013, ¶0046) configured to (ii) expand in volume as the liquid is absorbed into the superabsorbent polymer material and wherein the superabsorbent polymer material comprises at least one material selected from the group consisting of acrylic acid sodium salt (¶0048, sodium polyacrylate which the generic name for the acrylic acid sodium salt) and further comprises a porous membrane (18, ¶0041) interposed between the upper and lower chambers (14, 30), wherein the superabsorbent polymer material comprises a plurality of powder or granulated material disposed (15, ¶0045) in a common volume between the porous membrane and the perforated screen (28) the porous membrane configured to permit the liquid with entrained air to flow into the internal chamber from the fluid flow path and to restrain the powder or granulated material from entering the fluid flow path (Fig. 1).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified device of Urfig so that the superabsorbent polymer material comprises a plurality of powder or granulated material disposed in a common volume between the porous membrane and the perforated screen and the porous membrane and the perforated screen prevent the powder or granulated material from entering the internal chamber as taught by Urfig for the purpose of using a suitable absorptive material in vent plug which increase liquid trapping within the filter in the chamber (Urfig,¶0041 ¶0045).
Re claim 15, Kim discloses a vent plug (Figs.1a-11), comprising: a substantially tubular body (733) having an upper chamber (space for 732), a lower chamber (annotated Fig. 11 of Kim) and an inner circumferential surface defining an internal chamber of the tubular body (chamber inside 733); a raised pedestal portion (annotated Fig. 11 of Kim) extending longitudinally from a distal end of the tubular body (annotated Fig. 11 of Kim) and defining an inlet port (annotated Fig. 11 of Kim); a perforated screen coupled to the inner circumferential surface at a proximal end of the tubular body (731, ¶0152); and an absorbent polymer material (732 ¶0152) disposed in the upper chamber between the perforated screen and a proximal end of the lower chamber (annotated Fig. 11 of Kim), wherein the absorbent material is configured to vent air in the fluid to an exterior of the vent plug (¶0152), absorb a liquid entering the internal chamber from the fluid flow path (¶0086, ¶0152), but it fails to disclose a porous membrane layer disposed on the seating surface between the inlet port of the raised pedestal portion and the upper chamber, wherein the porous membrane layer is hydrophobic and permits weeping of fluid through a material of the porous membrane layer extending continuously across an entirety of the inlet port and under pressure from the fluid flow path and the absorbent polymer material is a superabsorbent polymer material is configured to vent the air entrained in the liquid to the exterior of the vent plug and wherein the superabsorbent polymer material comprises at least one material selected from the group consisting of acrylic acid sodium salt, a an ethylene maleic anhydride copolymer, polyvinyl alcohol copolymers, or a starch grafted copolymer of polyacrylonitrile.
However, Shaw discloses a vent filter (Fig. 1-2) and wherein raised portion (11, Fig. 2) and a porous membrane layer (lower layer 14, Col. 1, lines 59-65 and Col. 3, lines 55-65) disposed between the inlet port (upper opening of 12) of the raised pedestal portion (11) and an upper chamber (chamber of 22); a polymer material (13, Col. 2, lines 30-35) and wherein the porous membrane layer is non-hydrophobic (abstract, Col. 2, lines 30-40 as does not absorb water) and permits weeping of the fluid though a material of the porous membrane layer extending continuously across an entirety of the inlet port and under pressure from the fluid flow path (Fig. 2, Col. 2, lines 20-26, Col. 3, lines 15-25).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Kim to include a porous membrane layer disposed on the seating surface between the inlet port of the raised pedestal portion and the upper chamber, wherein the porous membrane layer is hydrophobic and permits weeping of fluid through a material of the porous membrane layer extending continuously across an entirety of the inlet port and under pressure from the fluid flow path as taught by Shaw for the purpose of retaining the filter and hold the filter in place so it does not deform under pressure (Shaw, Col. 3, lines 60-65).
The modified Kim fails to disclose that the absorbent polymer material the absorbent polymer material is a superabsorbent polymer material is configured to vent the air entrained in the liquid to the exterior of the vent plug and wherein the superabsorbent polymer material comprises at least one material selected from the group consisting of acrylic acid sodium salt, a an ethylene maleic anhydride copolymer, polyvinyl alcohol copolymers, or a starch grafted copolymer of polyacrylonitrile.
However, Minh discloses a vent plug (Figs. 1-4, abstract, ¶0014) and wherein the vent plug has a superabsorbent polymer material (¶0014,¶0037, ¶0038) and the absorbent polymer material is a superabsorbent polymer material is configured to vent the air entrained in the liquid to the exterior of the vent plug (t¶0038, and he material of Minh is capable to expand as it made from the same material as the current application see Minh ¶0037 the current application in ¶0034 ).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the filter of Kim to so that the absorbent polymer material is a superabsorbent polymer material is configured to vent the air entrained in the liquid to the exterior of the vent plug as taught by Minh for the purpose of using a suitable absorptive material in vent plug which increase liquid trapping withing the filter in the chamber (Minh,¶0037, ¶0038).
The modified Kim in view of Shaw and Minh fails to disclose that the superabsorbent polymer material comprises at least one material selected from the group consisting of acrylic acid sodium salt, a an ethylene maleic anhydride copolymer, polyvinyl alcohol copolymers, or a starch grafted copolymer of polyacrylonitrile.
However, Urfig discloses a vent plug (Figs. 1-3, abstract) and wherein the vent plug (10) has a porous membrane layer (18) disposed between the inlet port of the raised pedestal portion (30) and the upper chamber (chamber of 12 or 14); a superabsorbent polymer material (15, ¶0013, ¶0046) configured to (ii) expand in volume as the liquid is absorbed into the superabsorbent polymer material and wherein the superabsorbent polymer material comprises at least one material selected from the group consisting of acrylic acid sodium salt (¶0048, sodium polyacrylate which the generic name for the acrylic acid sodium salt), an ethylene maleic anhydride copolymer, polyvinyl alcohol copolymers, or a starch grafted copolymer of polyacrylonitrile (Note the material are similar to the material are used in the application in ¶0034. So the material expected to expand in similar manner. Also, both arts are related as the venting with absorbing material that absorb the liquid and let the gas to penetrate).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the filter of Kim to so that comprises at least one material selected from the group consisting of acrylic acid sodium salt, a an ethylene maleic anhydride copolymer, polyvinyl alcohol copolymers, or a starch grafted copolymer of polyacrylonitrile as taught by Urfig for the purpose of using a suitable absorptive material in vent plug which increase liquid trapping withing the filter in the chamber (Urfig,¶0041 ¶0045).
Re claim 16, Kim discloses wherein the seating surface comprising a fluid channel fluidly (channel 715a) communicated with a lumen of a needle device (610, Fig.1a) configured to be inserted into a patient (¶0044).
Re claim 17, Kim fails to disclose wherein the superabsorbent polymer material comprises a plurality of powder or granulated material interposed in a common volume between the perforated screen and the porous membrane and the porous membrane and the perforated screen prevent the powder or granulated material from entering the internal chamber.
However, Urfig discloses a vent plug (Figs. 1-3, abstract) and wherein the vent plug (10) has a superabsorbent polymer material (15, ¶0013, ¶0046) configured to (ii) expand in volume as the liquid is absorbed into the superabsorbent polymer material and wherein the superabsorbent polymer material comprises at least one material selected from the group consisting of acrylic acid sodium salt (¶0048, sodium polyacrylate which the generic name for the acrylic acid sodium salt) and further comprises a porous membrane (20, ¶0041) interposed between the upper and lower chambers (14, 30), wherein the superabsorbent polymer material comprises a plurality of powder or granulated material disposed (15, ¶0045) in a common volume between the porous membrane and the perforated screen (28) the porous membrane configured to permit the liquid with entrained air to flow into the internal chamber from the fluid flow path and to restrain the powder or granulated material from entering the fluid flow path (Fig. 1).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified device of Urfig so that the superabsorbent polymer material comprises a plurality of powder or granulated material interposed in a common volume between the perforated screen and the porous membrane and the porous membrane and the perforated screen prevent the powder or granulated material from entering the internal chamber as taught by Urfig for the purpose of using a suitable absorptive material in vent plug which increase liquid trapping within the filter in the chamber (Urfig,¶0041 ¶0045).
Re claim 19, Kim discloses wherein the superabsorbent polymer material comprises at least one material selected from the group consisting of a sponge, a sheet, or a mesh material (Kim the absorbent material is a sponge, ¶0152).
Re Claim 24, the modified Kim discloses wherein the porous membrane is disposed on the seating surface of the raised pedestal portion (show Fig. 2).
Re Claim 25, Kim discloses wherein the inlet portion terminates at the seating surface of the raised pedestal portion ( annotated Fig, 11 of Kim).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view Shaw Minh and further in view of Kim (US. 20050203460A1) (“Kim II”).
Re claim 2, Kim discloses a catheter (320, Fig. 1a) having a needle to be inserted into a patient (610, ¶0042), the needle being fluidly communicated with the fluid flow path of the adapter and the internal chamber of the vent plug to transport the liquid to the vent plug (Fig. 1a), but it fails to disclose wherein the liquid absorbed by the superabsorbent polymer material comprises blood of the patient.
However, Kim II discloses a vent plug (Fig. 3) and absorbent material (40) may absorb liquid or blood (¶0002, ¶0026).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified liquid of Kim to so that the liquid absorbed by the superabsorbent polymer material comprises blood of the patient as taught by Kim II for the purpose of absorbing a fluid such as blood during medical procedure as common fluid in medical injection (Kim II, ¶0002)
Response to Arguments
Applicant’s arguments, see remark, filed 4/1/2026, with respect to the rejection(s) of claim(s) 1, 10, 15, 21 under 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 over Kim in view Shaw and Minh ( for claim 1, 21) and Kim in view Shaw, Minh and Urfig (for claim 10, 15).
In response to applicant's argument that Urfig is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Urfig and other reference discloses a material that absorb a liquid and passes the air, so Urfig is an analogous art with regards to the material and form of absorbent material (powder ..etc.).
The argument that the application use for flashback of the blood and the vent plug permit the air to escape. This is found not persuasive as the such argument is not claimed.
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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/HAMZA A DARB/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
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