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 .
Acknowledgments
In the reply, filed on December 16, 2025, Applicant amended claims 1, 8, 10, 18, and 21.
In the non-final rejection of September 18, 2025, Examiner objected to the Drawings under 37 CFR 1.83(a). Applicant amended Figures 1-7, and argued: Further, the undersigned attorney respectfully traverses the need to show a urology drainage bag in the drawings. 37 C.F.R. @ 1.83(a) states, "[t]he drawing in a nonprovisional application must show every feature of the invention specified in the claims. However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or labeled representation...." (Emphasis added). Paragraph [0021] of the application as originally filed clearly states that the urology drainage bag is "a conventional urology drainage bag". While 37 C.F.R. @1.83(a) encourages the inclusion of conventional features of an invention, the inclusion of the conventional features are not strictly necessary (Remarks, page 6). Objection is withdrawn.
Examiner noted that Figure 8 should be designated by a legend such as --Prior Art--. Applicant amended Figure 8. Concern is withdrawn.
Examiner objected to the Abstract. Applicant amended the Abstract. Objection is withdrawn.
Examiner objected to the Disclosure. Applicant amended the Disclosure. Objection is withdrawn.
Examiner objected to claims 1, 8, 10, 18, and 21. Applicant amended claims 1, 8, 10, 18, and 21. Objection is withdrawn.
Currently, claims 1-22 are under examination.
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.
Claims 1-4 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (JP 7-236696).
In regards to claim 1, Nakamura teaches a three-way urology catheter stopcock (Figures 1-4B) comprising:
a stopcock body (15) defining a longitudinally extending fluid flow passage (Figure 3B), the body having three connector mounting openings in a wall of the body (Figure 3B)
an on/off selector (1) movably mounted within the fluid flow passage of the body (Figure 1), the on/off selector including a longitudinally extending, cylindrical selector body (2) having a first portion (7), a second portion (labeled in Figure 2B below), an open end (9), a closed end (Figure 2B), and three fluid flow openings (10) in a wall of the selector body (Figures 2A, 2B), the first portion having a first diameter, the entire second portion having a second diameter, the first diameter being greater than the second diameter, the second portion extending from the first portion to the three fluid flow openings (Figures 2A, 2B)
wherein the closed end includes one of a plurality of fluid flow indicator members and fluid flow indicia (4/5/6)
two first connectors (16/18)
a second connector (17)
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Nakamura does not teach the two first connectors “mounted in opposing connector mounting openings of the three connector mounting openings of the stopcock body” and the second connector “mounted in a connector mounting opening of the three connector mounting openings that is between the opposing connector mounting openings in which the two first connectors are mounted”, as Nakamura instead teaches the two first connectors integral to the stopcock body adjacent opposing connector mounting openings of the three connector mounting openings of the stopcock body (Figure 3B) and the second connector integral to the stopcock body adjacent a connector mounting opening of the three connector mounting openings that is between the opposing connector mounting openings the two first connectors are adjacent to (Figure 3A). But it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the two first connectors and the second connector, of the stopcock of Nakamura, to be mounted in opposing connector mounting openings of the three connector mounting openings of the stopcock body and mounted in a connector mounting opening of the three connector mounting openings that is between the opposing connector mounting openings in which the two first connectors are mounted, respectively, as an obvious matter of design choice, as either the two first connectors and the second connector being integral to the stopcock body, or the two first connectors and the second connector being mounted in the connector mounting openings of the stopcock body, thus being separable components, will allow for the same end result of allowing fluid flow through the stopcock. And the two first connectors and the second connector being mounted in the connector mounting openings of the stopcock body, thus being separable components, additionally will allow for replacement of damaged components and continued use of undamaged components.
In regards to claim 2, in the modified stopcock of Nakamura, Nakamura teaches wherein the stopcock body is cylindrical (Figure 3A).
In regards to claim 3, in the modified stopcock of Nakamura, Nakamura teaches wherein the two first connectors define a catheter port and a drainage bag port (Figures 1, 3A, 3B).
In regards to claim 4, in the modified stopcock of Nakamura, Nakamura teaches wherein the two first connectors are barbed fittings configured for push-on connection to a flexible tube (Figures 1, 3A, 3B).
In regards to claim 7, in the modified stopcock of Nakamura, Nakamura teaches wherein the second connector defines a medication dispensing port (Figure 3A).
In regards to claim 8, in the modified stopcock of Nakamura, Nakamura teaches wherein the three connector mounting openings of the stopcock body are positioned around the wall of the stopcock body at 90 degree intervals (Figures 3A, 3B).
In regards to claim 9, in the modified stopcock of Nakamura, Nakamura teaches wherein the three fluid flow openings of the on/off selector are positioned around the wall of the selector body at 90 degree intervals (Figure 2A).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura, as applied to claim 1 above, and further in view of Matsumoto et al (US 2011/0233435) and Chen (CN 201337692).
In regards to claim 5, in the modified stopcock of Nakamura, Nakamura teaches wherein the second connector is a needle-free fitting (17) (Figure 3A); however, Nakamura is silent about whether the needle-free fitting is normally closed with a male Luer thread. Matsumoto et al teaches a three-way urology catheter stopcock (Figures 1-14B) wherein a second connector is a normally closed needle-free fitting (22/38) with a male Luer thread (74). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the needle-free fitting, of the modified stopcock of Nakamura, with a male Luer thread, as taught by Matsumoto et al, as such will allow for connection of a syringe with a luer lock connector to the needle-free fitting (paragraph [0071]) to make it possible for drug solution filled inside the syringe to be coinjected through the stopcock (paragraph [0072]) for treatment of the patient. However, Matsumoto et al is silent about why the needle-free connector is normally closed. Chen teaches a three-way urology catheter assembly (Figure 1) wherein a second connector is a normally closed needle-free fitting (6/7). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the needle-free fitting, of the modified stopcock of Nakamura and Matsumoto et al, to be normally closed, as taught by Chen, as such will allow for continuously puncturing infusing without leaking, and especially can be used in the clinical treatment to the patient who needs to perform repeated rinsing and injection (Abstract).
In regards to claim 6, in the modified stopcock of Nakamura, Matsumoto et al, and Chen, Nakamura is silent about wherein the second connector is configured for connection to a corresponding female Luer fitting on a medication dispensing device. Matsumoto et al teaches wherein the second connector is configured for connection to a corresponding female Luer fitting (104/108) on a medication dispensing device (Figures 14A, 14B)(paragraph [0071]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the second connector, of the modified stopcock of Nakamura, Matsumoto et al, and Chen, to be configured for connection to a corresponding female Luer fitting on a medication dispensing device, as taught by Matsumoto et al, as such will allow for connection of a syringe with a luer lock connector to the needle-free fitting (paragraph [0071]) to make it possible for drug solution filled inside the syringe to be coinjected through the stopcock (paragraph [0072]) for treatment of the patient.
Claims 10-14 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura, and further in view of JP 59-140977.
In regards to claim 10, Nakamura teaches a three-way urology catheter stopcock assembly (Figures 1-4B) comprising:
a three-way urology catheter stopcock (Figures 1-4B)
wherein the three-way urology catheter stopcock includes:
a stopcock body (15) defining a longitudinally extending fluid flow passage (Figure 3B), the body having three connector mounting openings in a wall of the body (Figure 3B)
an on/off selector (1) movably mounted within the fluid flow passage of the body (Figure 1), the on/off selector including a longitudinally extending, cylindrical selector body (2) having a first portion (7), a second portion (labeled in Figure 2B above), an open end (9), a closed end (Figure 2B), and three fluid flow openings (10) in a wall of the selector body (Figures 2A, 2B), the first portion having a first diameter, the entire second portion having a second diameter, the first diameter being greater than the second diameter, the second portion extending from the first portion to the three fluid flow openings (Figures 2A, 2B)
wherein the closed end includes one of a plurality of fluid flow indicator members and fluid flow indicia (4/5/6)
two first connectors (16/18)
a second connector (17)
Nakamura is silent about a urology catheter. JP 59-140977 teaches a three-way urology catheter stopcock assembly (Figures 1-12) comprising a urology catheter (22). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly, of Nakamura, with a urology catheter, as taught by JP 59-140977, as such will allow for draining urine from a patient in need (DETAILED DESCRIPTION OF THE INVENTION) for managing urinary incontinence or retention, providing temporary drainage after surgery or during medical procedures, or monitoring urine output in certain medical conditions.
Further, Nakamura does not teach the two first connectors “mounted in opposing connector mounting openings of the three connector mounting openings of the stopcock body” and the second connector “mounted in a connector mounting opening of the three connector mounting openings that is between the opposing connector mounting openings in which the two first connectors are mounted”, as Nakamura instead teaches the two first connectors integral to the stopcock body adjacent opposing connector mounting openings of the three connector mounting openings of the stopcock body (Figure 3B) and the second connector integral to the stopcock body adjacent a connector mounting opening of the three connector mounting openings that is between the opposing connector mounting openings the two first connectors are adjacent to (Figure 3A). But it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the two first connectors and the second connector, of the modified stopcock of Nakamura and JP 59-140977, to be mounted in opposing connector mounting openings of the three connector mounting openings of the stopcock body and mounted in a connector mounting opening of the three connector mounting openings that is between the opposing connector mounting openings in which the two first connectors are mounted, respectively, as an obvious matter of design choice, as either the two first connectors and the second connector being integral to the stopcock body, or the two first connectors and the second connector being mounted in the connector mounting openings of the stopcock body, thus being separable components, will allow for the same end result of allowing fluid flow through the stopcock. And the two first connectors and the second connector being mounted in the connector mounting openings of the stopcock body, thus being separable components, additionally will allow for replacement of damaged components and continued use of undamaged components.
In regards to claim 11, in the modified assembly of Nakamura and JP 59-140977, Nakamura is silent about a urology drainage bag. JP 59-140977 teaches a urology drainage bag (23). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified assembly, of Nakamura and JP 59-140977, with a urology drainage bag, as taught by JP 59-140977, as such will allow for collecting urine from a patient in need, will prevent exterior bacteria from invading the collected urine, will prevent interior bacteria from flowing out outside (DETAILED DESCRIPTION OF THE INVENTION) and will allow monitoring urine output in certain medical conditions.
In regards to claim 12, in the modified assembly of Nakamura and JP 59-140977, Nakamura teaches wherein the stopcock body is cylindrical (Figure 3A).
In regards to claim 13, in the modified assembly of Nakamura and JP 59-140977, Nakamura teaches wherein the two first connectors define a catheter port and a drainage bag port (Figures 1, 3A, 3B).
In regards to claim 14, in the modified assembly of Nakamura and JP 59-140977, Nakamura teaches wherein the two first connectors are barbed fittings configured for push-on connection to a flexible tube (Figures 1, 3A, 3B).
In regards to claim 17, in the modified assembly of Nakamura and JP 59-140977, Nakamura teaches wherein the second connector defines a medication dispensing port (Figure 3A).
In regards to claim 18, in the modified assembly of Nakamura and JP 59-140977, Nakamura teaches wherein the three connector mounting openings of the stopcock body are positioned around the wall of the stopcock body at 90 degree intervals (Figures 3A, 3B).
In regards to claim 19, in the modified assembly of Nakamura and JP 59-140977, Nakamura teaches wherein the three fluid flow openings of the on/off selector are positioned around the wall of the selector body at 90 degree intervals (Figure 2A).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura and JP 59-140977, as applied to claim 10 above, and further in view of Matsumoto et al and Chen (CN 201337692).
In regards to claim 15, in the modified assembly of Nakamura and JP 59-140977, Nakamura teaches wherein the second connector is a needle-free fitting (17) (Figure 3A); however, Nakamura is silent about whether the needle-free fitting is normally closed with a male Luer thread. Matsumoto et al teaches a three-way urology catheter stopcock assembly (Figures 1-14B) wherein a second connector is a normally closed needle-free fitting (22/38) with a male Luer thread (74). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the needle-free fitting, of the modified assembly of Nakamura and JP 59-140977, with a male Luer thread, as taught by Matsumoto et al, as such will allow for connection of a syringe with a luer lock connector to the needle-free fitting (paragraph [0071]) to make it possible for drug solution filled inside the syringe to be coinjected through the stopcock (paragraph [0072]) for treatment of the patient. However, Matsumoto et al is silent about why the needle-free connector is normally closed. Chen teaches a three-way urology catheter assembly (Figure 1) wherein a second connector is a normally closed needle-free fitting (6/7). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the needle-free fitting, of the modified assembly of Nakamura, JP 59-140977, and Matsumoto et al, to be normally closed, as taught by Chen, as such will allow for continuously puncturing infusing without leaking, and especially can be used in the clinical treatment to the patient who needs to perform repeated rinsing and injection (Abstract).
In regards to claim 16, in the modified assembly of Nakamura, JP 59-140977, Matsumoto et al, and Chen, Nakamura is silent about wherein the second connector is configured for connection to a corresponding female Luer fitting on a medication dispensing device. Matsumoto et al teaches wherein the second connector is configured for connection to a corresponding female Luer fitting (104/108) on a medication dispensing device (Figures 14A, 14B)(paragraph [0071]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the second connector, of the modified assembly of Nakamura, JP 59-140977, Matsumoto et al, and Chen, to be configured for connection to a corresponding female Luer fitting on a medication dispensing device, as taught by Matsumoto et al, as such will allow for connection of a syringe with a luer lock connector to the needle-free fitting (paragraph [0071]) to make it possible for drug solution filled inside the syringe to be coinjected through the stopcock (paragraph [0072]) for treatment of the patient.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura and JP 59-140977, as applied to claim 10 above, and further in view of Muffly (US 2009/0182309).
In regards to claim 20, in the modified assembly of Nakamura and JP 59-140977, Nakamura is silent about a sterile cap configured to be attached to the second connector via a threaded connection. Muffly teaches a three-way urology catheter stopcock assembly (Figures 1-3) comprising a sterile cap (330) configured to be attached to a second connector (112) via a threaded connection (136/332). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified assembly, of Nakamura and JP 59-140977, with a sterile cap, as taught by Muffly, as such will prevent inadvertent leakage of fluid or subsequent contamination of the second connector (paragraph [0009]).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura, and further in view of JP 59-140977, Matsumoto et al, and Chen.
In regards to claim 21, Nakamura teaches a three-way urology catheter stopcock assembly (Figures 1-4B) comprising:
a three-way urology catheter stopcock (Figures 1-4B)
wherein the three-way urology catheter stopcock includes:
a stopcock body (15) defining a longitudinally extending fluid flow passage (Figure 3B), the body having three connector mounting openings in a wall of the body (Figure 3B)
an on/off selector (1) movably mounted within the fluid flow passage of the body (Figure 1), the on/off selector including a longitudinally extending, cylindrical selector body (2) having a first portion (7), a second portion (labeled in Figure 2B above), an open end (9), a closed end (Figure 2B), and three fluid flow openings (10) in a wall of the selector body (Figures 2A, 2B), the first portion having a first diameter, the entire second portion having a second diameter, the first diameter being greater than the second diameter, the second portion extending from the first portion to the three fluid flow openings (Figures 2A, 2B)
wherein the closed end includes one of a plurality of fluid flow indicator members and fluid flow indicia (4/5/6)
two first connectors (16/18), wherein the two first connectors are barbed fittings configured for push-on connection to a flexible tube (Figures 1, 3A, 3B)
a second connector (17), wherein the second connector is a needle-free fitting (17) (Figure 3A)
Nakamura is silent about a urology drainage bag. JP 59-140977 teaches a three-way urology catheter stopcock assembly (Figures 1-12) comprising a urology drainage bag (23). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly, of Nakamura, with a urology drainage bag, as taught by JP 59-140977, as such will allow for collecting urine from a patient in need, will prevent exterior bacteria from invading the collected urine, will prevent interior bacteria from flowing out outside (DETAILED DESCRIPTION OF THE INVENTION) and will allow monitoring urine output in certain medical conditions.
Further, Nakamura is silent about a urology catheter. JP 59-140977 teaches a urology catheter (22). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified assembly, of Nakamura and JP 59-140977, with a urology catheter, as taught by JP 59-140977, as such will allow for draining urine from a patient in need (DETAILED DESCRIPTION OF THE INVENTION) for managing urinary incontinence or retention, providing temporary drainage after surgery or during medical procedures, or monitoring urine output in certain medical conditions.
Further, Nakamura does not teach the two first connectors “mounted in opposing connector mounting openings of the three connector mounting openings of the stopcock body” and the second connector “mounted in a connector mounting opening of the three connector mounting openings that is between the opposing connector mounting openings in which the two first connectors are mounted”, as Nakamura instead teaches the two first connectors integral to the stopcock body adjacent opposing connector mounting openings of the three connector mounting openings of the stopcock body (Figure 3B) and the second connector integral to the stopcock body adjacent a connector mounting opening of the three connector mounting openings that is between the opposing connector mounting openings the two first connectors are adjacent to (Figure 3A). But it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the two first connectors and the second connector, of the modified stopcock of Nakamura and JP 59-140977, to be mounted in opposing connector mounting openings of the three connector mounting openings of the stopcock body and mounted in a connector mounting opening of the three connector mounting openings that is between the opposing connector mounting openings in which the two first connectors are mounted, respectively, as an obvious matter of design choice, as either the two first connectors and the second connector being integral to the stopcock body, or the two first connectors and the second connector being mounted in the connector mounting openings of the stopcock body, thus being separable components, will allow for the same end result of allowing fluid flow through the stopcock. And the two first connectors and the second connector being mounted in the connector mounting openings of the stopcock body, thus being separable components, additionally will allow for replacement of damaged components and continued use of undamaged components.
Further, Nakamura is silent about whether the needle-free fitting is normally closed with a male Luer thread. Matsumoto et al teaches a three-way urology catheter stopcock assembly (Figures 1-14B) wherein a second connector is a normally closed needle-free fitting (22/38) with a male Luer thread (74). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the needle-free fitting, of the modified assembly of Nakamura and JP 59-140977, with a male Luer thread, as taught by Matsumoto et al, as such will allow for connection of a syringe with a luer lock connector to the needle-free fitting (paragraph [0071]) to make it possible for drug solution filled inside the syringe to be coinjected through the stopcock (paragraph [0072]) for treatment of the patient. However, Matsumoto et al is silent about why the needle-free connector is normally closed. Chen teaches a three-way urology catheter assembly (Figure 1) wherein a second connector is a normally closed needle-free fitting (6/7). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the needle-free fitting, of the modified assembly of Nakamura, JP 59-140977, and Matsumoto et al, to be normally closed, as taught by Chen, as such will allow for continuously puncturing infusing without leaking, and especially can be used in the clinical treatment to the patient who needs to perform repeated rinsing and injection (Abstract).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura, JP 59-140977, Matsumoto et al, and Chen, as applied to claim 21 above, and further in view of Muffly.
In regards to claim 22, in the modified assembly of Nakamura, JP 59-140977, Matsumoto et al, and Chen, Nakamura is silent about a sterile cap configured to be attached to the second connector via a threaded connection. Muffly teaches a three-way urology catheter stopcock assembly (Figures 1-3) comprising a sterile cap (330) configured to be attached to a second connector (112) via a threaded connection (136/332). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified assembly, of Nakamura, JP 59-140977, Matsumoto et al, and Chen, with a sterile cap, as taught by Muffly, as such will prevent inadvertent leakage of fluid or subsequent contamination of the second connector (paragraph [0009]).
Response to Arguments
Applicant's arguments filed December 16, 2025, have been fully considered but they are not persuasive:
In regards to claim 1, Applicant argued: Nakamura does not present a prima facie showing of obviousness for any rejected claim at least because Nakamura fails to teach or suggest each and every element and limitation of independent claim 1. For example, as amended herein, independent claim 1 requires a cylindrical selector body having a first portion and a second portion and "the first portion having a first diameter, the entire second portion having a second diameter, the first diameter being greater than the second diameter, the second portion extending from the first portion to the three fluid flow openings." Nakamura fails to teach or suggest each of these limitations. Indeed, Nakamura requires a flange portion 7 which is essential for the operation of the stopcock taught by Nakamura. The flange portion 7 includes projecting portions 11, 12, 13, and 14, as shown in FIGS. 2A and 2B, that are configured to extend into recesses 21, 22, 23, and 24 formed in the cylindrical part surface 20, as shown in FIG. 3A. (Nakamura EPO Translation, paragraphs [0006] and [0007]). This interaction between the projecting portions 11, 12, 13, and 14 and the recesses 21, 22, 23, and 24 are required to prevent the cylindrical portion 2 from rotating relative to the stopcock main body 1. Therefore, modifying the reference such that it meets the limitations of claim 1, as amended, would destroy an essential feature of the stopcock taught by Nakamura (Remarks, pages 7-8). Examiner disagrees. Nakamura teaches the on/off selector (1) including a longitudinally extending, cylindrical selector body (2) having a first portion (7), a second portion (labeled in Figure 2B above), an open end (9), a closed end (Figure 2B), and three fluid flow openings (10) in a wall of the selector body (Figures 2A, 2B), the first portion having a first diameter, the entire second portion having a second diameter, the first diameter being greater than the second diameter, the second portion extending from the first portion to the three fluid flow openings (Figures 2A, 2B).
In regards to claim 10, Applicant argued: The combination of Nakamura and JP59-140977 does not present a prima facie showing of obviousness for any rejected claim at least because the combination fails to teach or suggest each and every element and limitation of independent claim 10. For example, as amended herein, independent claim 10 requires a cylindrical selector body having a first portion and a second portion and "the first portion having a first diameter, the entire second portion having a second diameter, the first diameter being greater than the second diameter, the second portion extending from the first portion to the three fluid flow openings." As detailed above, Nakamura does not teach or suggest the above-mentioned structural features. JP59-140977 does not cure the defects of Nakamura because JP59-140977 also fails to teach or suggest the above-mentioned structural features. Indeed, JP59-140977 shows a diameter that tapers (Remarks, page 9). Examiner disagrees. Nakamura teaches the on/off selector (1) including a longitudinally extending, cylindrical selector body (2) having a first portion (7), a second portion (labeled in Figure 2B above), an open end (9), a closed end (Figure 2B), and three fluid flow openings (10) in a wall of the selector body (Figures 2A, 2B), the first portion having a first diameter, the entire second portion having a second diameter, the first diameter being greater than the second diameter, the second portion extending from the first portion to the three fluid flow openings (Figures 2A, 2B).
In regards to claim 21, Applicant argued: The combination of Nakamura, JP59-140977, Matsumoto, and Chen does not present a prima facie showing of obviousness for any rejected claim at least because the combination fails to teach or suggest each and every element and limitation of claim 21. For example, as amended herein, claim 21 requires a cylindrical selector body having a first portion and a second portion and "the first portion having a first diameter, the entire second portion having a second diameter, the first diameter being greater than the second diameter, the second portion extending from the first portion to the three fluid flow openings." As detailed above, the combination of Nakamura, JP59-140977, Matsumoto, and Chen fails to teach or suggest "the first portion having a first diameter, the entire second portion having a second diameter, the first diameter being greater than the second diameter, the second portion extending from the first portion to the three fluid flow openings." (Remarks, page 11). Examiner disagrees. Nakamura teaches the on/off selector (1) including a longitudinally extending, cylindrical selector body (2) having a first portion (7), a second portion (labeled in Figure 2B above), an open end (9), a closed end (Figure 2B), and three fluid flow openings (10) in a wall of the selector body (Figures 2A, 2B), the first portion having a first diameter, the entire second portion having a second diameter, the first diameter being greater than the second diameter, the second portion extending from the first portion to the three fluid flow openings (Figures 2A, 2B).
Conclusion
THIS ACTION IS MADE FINAL. 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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/SHEFALI D PATEL/Primary Examiner, Art Unit 3783
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