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 .
Response to Amendment
This office action is responsive to the amendment filed on 9/22/2025. As directed by the amendment: claim(s) 1, 14, and 19 have been amended, and claims 6-7 were cancelled. Thus, claims 1-5 and 8-20 are presently pending in this application.
Response to Arguments
Applicant's arguments filed 9/22/2025 have been fully considered but they are not persuasive.
Regarding applicant’s argument regarding the independent claim on page 5-7:
Applicant particularly argues the proposed modification of Finneran in view of its other embodiment involving disposing a collar around a cap would render the collar unsatisfactory for its intended purpose because "the collar would appear to no longer exert radial pressure against the cap", and points to col 5 line 54-58, provided below, as supporting this notion.
"The continuous contact 33 provides radial pressure against the cap 1 and from the cap 1 against the container 10 since the inner diameter 35 of the collar 30 is slightly smaller than, but in tight tolerance with, the outer diameter of the cap 1."
Examiner notes that this radial pressure provides additional pressure between the points of contact between the cap and container, which as noted in the subsequent col 5 line 59-65 improves the sealing between the two elements.
Accordingly, it is clear from the excerpt from Finneran cited by applicant, that there would is in fact teaching and motivation to dispose the collar 30 around the cap 70, to improve the sealing between cap 70 and container 80.
Applicant argues that the prior art relied upon in the preceding office action does not teach the following limitations of the presently amended claims:
" the interior cavity is configured to couple with a fluid container"
Examiner notes that claim language of “configured to” implies a functional language and the prior art must at least be capable of performing the recited function of coupling the interior cavity to the fluid container, therein the manner by which Finneran's tabs 34 secure its collar 30 and its cap 1 and how collar 30 applies sealing pressure via area 33 to improve the sealing between cap 1 and container 10, the interior cavity of the collar may be considered indirectly coupled to the fluid container via the connection from collar to cap and the connection from cap to container.
Applicant argues that the prior art relied upon in the preceding office action does not teach the following new limitations of the presently amended claims:
"an interior cavity defined by a proximal wall comprising one or more openings extending therethrough and a cylindrical wall extending distal from the proximal wall" and "a set of one or more tubes extending through the one or more openings in the proximal wall of the shell"
See examiner's rejection as necessitated by the amendment, below, detailing the elements of the prior art relied upon which disclose/teach the above new claim limitations.
Regarding applicant’s argument regarding dependent claims on page 7:
Applicant argues that their preceding arguments render the independent claims allowable, and consequently likewise the dependent claims are allowable.
See examiner's rejection as necessitated by the amendment, below, detailing the prior art which discloses/teaches the limitations of the dependent claims.
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.
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 between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1-5 and 8-20 are rejected under 35 U.S.C. 103 as being unpatentable over of US 5662230 A, henceforth written as Finneran.
Regarding Claim 1,
Finneran discloses:
A fluid container adapter, comprising: --
(cap and container combination 100; fig 16-19)
-- and an elastic member --
(col 4 line 5-6; cap 1 is a resilient, therein elastic, material; col 8 line 36-44; cap 1 is provide in name, therein incorporating its elastic material, as cap 70 in the present embodiment)
the elastic member comprising a cylindrical shape
(fig 16-19 demonstrate cylindrical shape of cap 70)
and a portion of the elastic member -- is configured to interface with an exterior threaded portion of the fluid container.
(section (not enumerated) of cap 70 inclusive of its flexible locking rib 3 engage with thread neck finish 90 on container 80; fig 16-19)
Finneran discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
a shell with an interior cavity defined by a proximal wall and a cylindrical wall extending distal from the proximal wall, wherein the interior cavity is configured to couple with a fluid container and the proximal wall defines one or more passages configured to receive a tube set for placement in fluid communication with the fluid container; and an elastic member disposed in the interior cavity, the elastic member comprising -- a distal end proximal of a distal end of the cylindrical wall and a portion of the elastic member disposed in the interior cavity is configured to interface with an exterior threaded portion of the fluid container.
However Finneran teaches a further embodiment:
a shell with an interior cavity defined by a proximal wall and a cylindrical wall extending distal from the proximal wall,
(collar 30 has a top surface (not enumerated) of upper edge 31 which can be considered the claimed proximal wall with an opening (not enumerated) and has an outer radial surface (not enumerated), extending distally from the top surface, and thus can be considered the claimed cylindrical wall which together define the interior cavity (not enumerated) of collar 30; see examiner's annotation of Finneran's figure 8 denoting the top surface, outer radial surface, opening, and interior cavity)
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wherein the interior cavity is configured to couple with a fluid container; and an elastic member disposed in the interior cavity
(col 6 line 18-27 and col 9 line 34-42; collar 30, of the embodiment of fig 9, is mounted onto cap 1, and secured via tabs 34, to further improve the seal between cap and container; best illustrated in fig 7-12; claim language of “configured to” implies a functional language and the prior art must at least be capable of performing the recited function of the interior cavity couple to fluid container, therein the manner by which tabs 34 secure collar 30 and cap 1 and how collar 30 applies sealing pressure via area 33 to improve the sealing between cap 1 and container 10, the interior cavity (not enumerated) may be considered to couple to container 10)
[wherein there is] a distal end of the cylindrical wall
(bottom edge 32; fig 7-9)
and a portion of the elastic member disposed in the interior cavity is configured to interface with an exterior threaded portion of the fluid container.
(fig 7-12 and fig 16-19 demonstrate that the 70 is disposed in the claimed interior cavity of collar 30)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Finneran’s teachings of securing a collar onto a flexible cap to the flexible cap embodiment disclosed by Finneran in order to advantageously arrive at an invention which improves the seal between the cap and the container, see col 9 line 34-42 of Finneran.
Notably the modified device of Finneran remains silent regarding:
the elastic member -- a distal end proximal of a distal end of the cylindrical wall
However, Finneran teaches in col 5 line 43-65 that the collar 30 "creates an area of continuous contact 33 around the entire circumference of the cap 1" from its upper edge 31 to its bottom edge 32, such that the "continuous contact 33 enhances the perpendicular pressure" which improve ability of the invention to "withstand high internal pressure and improves sealability for long term storage". Examiner notes that increasing the distance between upper edge 31 and bottom edge 32, increases the area of continuous contact 33 around the cap 1, such that if the entire exterior of cap 1 were enveloped by collar 30, the perpendicular sealing pressure would be maximized.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply Finneran's teachings of how contact area between a collar and cap contributes to the sealing effect and internal pressure limitations between the cap and container to the collar of the modified device of Finneran from above, by distancing the upper edge 31 and lower edge 32 of Finneran's collar 30 such that those edges envelops the upper end and bottom end of cap 70 of Finneran, therein arriving at the claimed distal end of the claimed elastic member proximal of the claimed distal end of the claimed shell, in order to arrive at an invention which is assured that the area of continuous contact between the collar and cap has been maximized, and thus advantageously improve/maximize the internal pressure which the cap and container can withstand and likewise improves its sealability for long term storage, see col 5 line 43-65 of Finneran.
Regarding claim 2, Finneran discloses:
The fluid container adapter of claim 1, wherein the elastic member is configured to seal with the exterior threaded portion of the fluid container.
(col 8 line 36-37; cap 70 sealingly engages screw thread neck finish 90 of container 80; fig 16-19)
Regarding claim 3, Finneran discloses:
The fluid container adapter of claim 1. wherein the elastic member comprises a first portion with a first thickness
(cap skirt 5 has a thickness in a radial direction; fig 17-18)
and a second portion with a second thickness,
(flexible locking rib 3 has a thickness in an axial direction; fig 17-18)
wherein the second portion is configured to flex more than the first portion.
(col 9 line 33-48 and col 10 line 7-21; rib 3 is disclosed as being configured to deflect while skirt 5 is sealing around container 80, and further skirt 5 and rib 3 are formed of a same material as skirt 5, as noted by the continuous hatching in fig 17-18 see MPEP 608.02(V)(h)(3), such that a thinner element formed of a same material would be configured to flex more than a thicker element)
Regarding claim 4, Finneran discloses:
The fluid container adapter of claim 3, wherein the second thickness is less than the first thickness.
(fig 17-18, demonstrate that the axial thickness of rib 3 is less than the radial thickness of skirt 5)
Regarding claim 5, Finneran discloses:
The fluid container adapter of claim 3, wherein the second portion comprises an adjustable thread.
(locking rib 3 is flexible, therein adjustable between flexed and unflexed positions, and are disposed in a radially descending manner, therein comprising a threading system for engaging threads 90)
Regarding claim 8, the modified device of Fanneran teaches:
The fluid container adapter of claim 1, comprising a gap between the elastic member and a portion of the shell, the elastic member configured to displace into at least a portion of the gap when interfaced with the exterior threaded portion of the fluid container.
(fig 9 and col 6 line 18-27 demonstrate that tabs 34 on cap 70, referenced as cap 1 in the citation, are displaced into gaps (not enumerated) on collar 30 to secure collar 30 and cap 70 when cap 70 is mated to container 80)
Regarding claim 9, Finneran discloses:
The fluid container adapter of claim 1. wherein the elastic member comprises a shape memory elastomer.
Examiner notes that the claim term ‘shape memory elastomer’ may be understood as a polymeric material which is elastic, an elastic material is one which can undergo elastic deformation where it retains to its original shape after deformation. Examiner notes that a resilient plastic, which the claimed elastic member is composed of see col 4 line 5-6, therein constitutes a shape memory elastomer by its nature of being a plastic polymer and being resilient, such that it can return to its original form after deformation.
Regarding claim 10, Finneran discloses:
The fluid container adapter of claim 1, wherein the shell comprises one or more slides with at least one carriage
Examiner notes that the broadest reasonable interpretation, not inconsistent with the specification, of the claim term “carriage” to a person of ordinary skill in the art may be provided by Encyclopedia Brittanica’s dictionary: “a moving part of a machine that supports or carries some other movable object or part”.
(col 6 line 18-26; tab 34 of the claimed cap is movable relative to collar 30 before tabs 34 support the claimed cap being secured to collar 30, therein constituting a carriage)
disposed in each of the one or more slides.
Examiner notes that the broadest reasonable interpretation, not inconsistent with the specification, of the claim term “slide” to a person of ordinary skill in the art may be provided by Oxford’s english dictionary: “A sliding part of some mechanism; a device which slides or may be slid”
(col 5 line 49-58; the inner diameter 35 of collar 30 is in continuous contact 33 with the claimed cap due to its tight tolerance, such that the tabs 34 of the claimed cap would slide against the inner surface (not enumerated) of collar 30 until the cap are collar are secured, therein inner surface (not enumerated) of collar 30 constitutes a slide)
Regarding claim 11, Finneran discloses:
The fluid container adapter of claim 10. wherein at least a portion of the elastic member is disposed on each of the one or more carriages.
(fig 9 demonstrates that tabs 34 is an element of the top member 9 of the claimed cap)
Regarding claim 12, Finneran discloses:
The fluid container adapter of claim 1, wherein an elastic disc is disposed on a flat-planar surface in the interior cavity.
( col 4 line 7-17; liner 2 is resilient, therein elastic, disposed on top surface 7; fig 17-18)
Regarding claim 13, Finneran discloses:
The fluid container adapter of claim 12, wherein the elastic disc is configured to seal with a top of the fluid container.
(col 9 line 16-24; liner 2 is urged by ridge 26 to seal against top of container 80; fig 17-18)
Regarding Claim 14,
Finneran discloses:
A system, comprising:
(system (not enumerated) of fig 16-19, including syringe (not enumerated/illustrated) for accessing contents; col 4 line 13-17)
a fluid container;
(container 80; fig 16-19)
a fluid container adapter, comprising: --
(cap and container combination 100; fig 16-19)
--and an elastic member –
(col 4 line 5-6; cap 1 is a resilient, therein elastic, material; col 8 line 36-44; cap 1 is provide in name, therein incorporating its elastic material, as cap 70 in the present embodiment)
the elastic member comprising a cylindrical shape
(fig 16-19 demonstrate cylindrical shape of cap 70)
and a portion of the elastic member -- is configured to interface with an exterior threaded portion of the fluid container;
(section (not enumerated) of cap 70 inclusive of its flexible locking rib 3 engage with thread neck finish 90 on container 80; fig 16-19)
Finneran discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
a shell with an interior cavity defined by a proximal wall comprising one or more openings extending therethrough and a cylindrical wall extending distal from the proximal wall, wherein the interior cavity is configured to couple with a fluid container; and an elastic member disposed in the interior cavity, and a portion of the elastic member disposed in the interior cavity is configured to interface with an exterior threaded portion of the fluid container; and a set of one or more tubes extending through the one or more openings in the proximal wall of the shell of the fluid container adapter
However Finneran teaches a further embodiment:
a shell with an interior cavity defined by a proximal wall comprising one or more openings extending therethrough and a cylindrical wall extending distal from the proximal wall,
(collar 30 has a top surface (not enumerated) of upper edge 31 which can be considered the claimed proximal wall with an opening (not enumerated) and has an outer radial surface (not enumerated), extending distally from the top surface, and thus can be considered the claimed cylindrical wall which together define the interior cavity (not enumerated) of collar 30; see examiner's annotation of Finneran's figure 8 denoting the top surface, outer radial surface, opening, and interior cavity)
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wherein the interior cavity is configured to couple with a fluid container; and an elastic member disposed in the interior cavity
(col 6 line 18-27 and col 9 line 34-42; collar 30, of the embodiment of fig 9, is mounted onto cap 1, and secured via tabs 34, to further improve the seal between cap and container; best illustrated in fig 7-12; claim language of “configured to” implies a functional language and the prior art must at least be capable of performing the recited function of the interior cavity couple to fluid container, therein the manner by which tabs 34 secure collar 30 and cap 1 and how collar 30 applies sealing pressure via area 33 to improve the sealing between cap 1 and container 10, the interior cavity (not enumerated) may be considered to couple to container 10)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Finneran’s teachings of securing a collar onto a flexible cap to the flexible cap embodiment disclosed by Finneran in order to advantageously arrive at an invention which improves the seal between the cap and the container, see col 9 line 34-42 of Finneran.
Notably the modified device of Finneran remains silent regarding:
a set of one or more tubes extending through the shell of the fluid container adapter.
However, Finneran further teaches
a set of one or more tubes extending through the shell of the fluid container adapter.
(col 4 line 13-17; syringe (not enumerated/illustrated) accesses interior of the claimed container through opening 4 and inner diameter 35 of collar 30, therein the inner lumens of the syringe may be considered a tube extending through the claimed shell; fig 9+19)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply Finneran’s teachings of using a syringe to access the fluid contents with its container to the modified device of Finneran, in order to advantageously arrive at an invention where the fluid contents within the container may be accessed without having to remove the cap, see col 4 line 13-17 of Finneran, therein improving the ease of using the invention.
Regarding claim 15, Finneran discloses:
The system of claim 14, wherein the shell comprises one or more slides
See examiner’s interpretation of the claim term “slide” in claim 10 above.
(col 5 line 49-58; the inner diameter 35 of collar 30 is in continuous contact 33 with the claimed cap due to its tight tolerance, such that the tabs 34 of the claimed cap would slide against the inner surface (not enumerated) of collar 30 until the cap are collar are secured, therein inner surface (not enumerated) of collar 30 constitutes a slide)
with at least one carriage disposed in each of the one or more slides.
See examiner’s interpretation of the claim term “carriage” in claim 10 above.
(col 6 line 18-26; tab 34 of the claimed cap is movable relative to collar 30 before tabs 34 support the claimed cap being secured to collar 30, therein constituting a carriage)
Regarding claim 16, Finneran discloses:
The system of claim 15, wherein at least a portion of the elastic member is disposed on each of the one or more carriages.
(fig 9 demonstrates that tabs 34 is an element of the top member 9 of the claimed cap)
Regarding claim 17, Finneran discloses:
The system of claim 15, wherein the elastic member is configured to seal with the exterior threaded portion of the fluid container.
(col 8 line 36-37; cap 70 sealingly engages screw thread neck finish 90 of container 80; fig 16-19)
Regarding claim 18, Finneran discloses:
The system of claim 17, wherein the exterior threaded portion of the fluid container comprises male threads.
(fig 16-18 demonstrate that screw thread neck finish 90 comprises male threads)
Regarding Claim 19,
Finneran discloses:
A method, comprising –
(method of making invention of fig 16-19)
and disposing an elastic member --,
(col 4 line 5-6; cap 1 is a resilient, therein elastic, material; col 8 line 36-44; cap 1 is provide in name, therein incorporating its elastic material, as cap 70 in the present embodiment)
the elastic member comprising a cylindrical shape
(fig 16-19 demonstrate cylindrical shape of cap 70)
and a portion of the elastic member -- is configured to seal with an exterior threaded portion of the fluid container
(section (not enumerated) of cap 70 inclusive of its flexible locking rib 3 engage with thread neck finish 90 on container 80; fig 16-19)
Finneran discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
forming a shell with an interior cavity defined by a proximal wall and a cylindrical wall extending distal from the proximal wall, the proximal wall defining one or more holes extending through the shell and into the interior cavity; and disposing an elastic member in the interior cavity, and a portion of the elastic member disposed in the interior cavity is configured to seal with an exterior threaded portion of the fluid container
However Finneran teaches a further embodiment:
forming a shell with an interior cavity defined by a proximal wall and a cylindrical wall extending distal from the proximal wall, the proximal wall defining one or more holes extending through the shell and into the interior cavity;
(collar 30 has a top surface (not enumerated) of upper edge 31 which can be considered the claimed proximal wall with an opening (not enumerated) and has an outer radial surface (not enumerated), extending distally from the top surface, and thus can be considered the claimed cylindrical wall which together define the interior cavity (not enumerated) of collar 30; see examiner's annotation of Finneran's figure 8 denoting the top surface, outer radial surface, opening, and interior cavity)
and disposing an elastic member in the interior cavity, and a portion of the elastic member disposed in the interior cavity is configured to seal with an exterior threaded portion of the fluid container
(col 6 line 18-27 and col 9 line 34-42; collar 30, of the embodiment of fig 9, is mounted onto cap 70, and secured via tabs 34, to further improve the seal between cap 70 and container 80; best illustrated in fig 7-12)
a shell with an interior cavity, wherein the interior cavity is configured to couple with a fluid container; and an elastic member disposed in the interior cavity
(col 6 line 18-27 and col 9 line 34-42; collar 30, of the embodiment of fig 9, is mounted onto cap 70, and secured via tabs 34, to further improve the seal between cap 70 and container 80; best illustrated in fig 7-12)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Finneran’s teachings of securing a collar onto a flexible cap to the flexible cap embodiment disclosed by Finneran in order to advantageously arrive at an invention which improves the seal between the cap and the container, see col 9 line 34-42 of Finneran.
Regarding Claim 20,
Finneran discloses all of the elements of the current invention which the present claim is dependent upon, as described above, including the following limitations of the present claim:
The method of claim 19, [forming] the elastic member -- via overmolding
(col 10 line 37-42; cap 70 is molded over a mold core, therein overmolded, and removed from the core using a sleeve (not enumerated/illustrated) )
However, Finneran is silent regarding:
disposing the elastic member in the interior cavity via overmolding.
However, Finneran teaches
In col 4 line 54-58 that it is desirable for the collar 30 and cap to have tight dimensional tolerances. Further it is clear that the collar may be understood as a sleeve that is intended to fit tightly/secure to the cap.
Examiner notes that overmolding is a well understood manufacturing procedure where a liquid material is injected into a mold, where the mold already contains an object, such that when the injected material solidifies, the injected material at least partially envelops/mates with the contained object such that tolerance between the enveloping/mating surfaces is very small if not infinitesimal.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate Finneran’s teachings of the criticality of the tight tolerancing between a cap and collar to the molding procedure disclosed by Finneran, by substituting the stripper sleeve with the collar 30, such that the claimed cap is molded into the claimed shell and the surfaces of the cap 70 intended to contact collar 30 have a tight dimensional tolerance with the surfaces of collar 30 intended to contact the cap 70, in order to advantageously arrive at an invention which provides continuous radial pressure from a collar to a cap, therein improving the sealing of the invention on the container, see col 5 line 54-58 of Finneran and MPEP 2144.02.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FORREST DIPERT whose telephone number is (703)756-1704. The examiner can normally be reached M-F 8:30am-5pm eastern.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is 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, Michael Tsai can be reached on (571) 270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FORREST BLAKE DIPERT/ Examiner, Art Unit 3783
/MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783
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