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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “second holding door”, “connector connection elements”, “connector housing detent element” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 10 and dependent claim 12 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 second side" and “the first side” in line 9. There is insufficient antecedent basis for this limitation in the claim. The claim in line 3 only mentions a side of the door not that the door has a first and a second side.
Claim 12 is also rejected as it depends from claim 10.
It is not clear what is trying to be claimed in claim 10. The term “a first position the second side” seems to be missing something. The examiner’s understanding is the door is attached to a first side of the connector housing, there is a closing mechanism on a second side of the connector housing which allows the door to be closed. The door can pivot between an open and closed position and is shaped specifically to accommodate the container adaptor. That understanding is based on the figures, which are missing reference numbers, however, this is not how the instant claim currently reads. The examiner is happy to do an interview to help clarify claim 10.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 and 5-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brehm US 2003/0168120 A1.
With regards to claim 1, Brehm discloses a concentrate container adapter for a blood treatment device (abstract) comprising: a fastening body (or wide middle part (6), fig 1, [0019]) on which a concentrate bag is able to be fastened ([0019]), wherein the fastening body has a filling opening (or orifice (11), fig 1,[0020]) and two connection openings (or first and second orifices (3 and 5), fig 1, [0018]) arranged laterally to the filling opening (see fig 1), a housing receiving region (or handle (12), fig 1) on the fastening body (see fig 1), which is arranged in such a way that by means of the housing receiving region the concentrate container adapter is able to be mounted on a connector housing (the handle of Brehm has an opening formed between the handle and the fastening body thereby allowing for the handle to be mounted or placed on a connector housing), wherein the housing receiving region is arranged externally on the material forming the filling opening and/or connection openings (see fig 1 which shows the housing arrangement (12) arranged externally on the material forming the filling opening (11) and/or connection openings (3 and 5)).
With regards to claim 2, Brehm discloses wherein the housing receiving region follows an opening contour of the filling opening (see figure 1, where the handle has a circular contour like the opening).
With regards to claim 3, Brehm discloses wherein the housing receiving region extends in a frame-like manner via two longitudinal struts on two opposite sides of the fastening body away from the latter, and has at least one transverse strut which connects the longitudinal struts (see annotated figure below).
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With regards to claim 5, Brehm discloses further having a concentrate container detent element (or ledge 15, fig 3, [0023]) on the fastening body, which is arranged in such a way that it limits at least a degree of freedom of movement of the concentrate container adapter when the latter is mounted on a connector housing ([0023] and [0034] by insuring proper mating and allowing activation of the device the ledge will limit the movement).
With regards to claim 6, Brehm discloses wherein a connector housing (50, [0034]) for connecting to a blood treatment device comprising: having at least one container receiving region (see figure annotated below and [0032]), which is formed in such a way that it can receive the concentrate container adapter of claim1 ([0032]) on a lower region of the connector housing (see figure annotated below), and connector connection elements on an underside of the connector housing (51 and 52), which are movable out from the connector housing and are arranged in such a way that a fluidic connection with the concentrate container adapter is able to be produced ([0033] which notes a fluid connection between 51 and the adaptor).
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With regards to claim 7, Brehm discloses wherein the container receiving region is a groove-shaped recess on the upper side of the connector housing (see figure annotated above).
With regards to claim 8, Brehm discloses wherein a restriction element is associated with the groove-shaped recess, which restriction element extends away from and/or to the upper side of the connector housing (see figure annotated above).
With regards to claim 9, Brehm discloses wherein a connector housing detent element (58, fig 4) is formed on an underside of the connector housing.
With regards to claim 10, Brehm discloses wherein further having a door element (or hinge (65)), with a first holding device on a side of the door element, a second holding device for the movable fastening of the door element on the connector housing, wherein the container receiving region for receiving the concentrate container adapter is formed on the door element, wherein the door element is pivotable about the second holding device in such a way so that in a first position the second side, lying opposite the first side of the door element, is movable under the connector housing, and in a second position the door element extends away from the connector housing (as seen below the lid on the connector housing pivots away from or to the container adaptor thereby allowing access to the container).
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With regards to claim 11, Brehm discloses wherein wherein a wall material of the container receiving region is formed so as to be flat, or the container receiving region has a contour which serves for the support of the concentrate container adapter (see figure above under claim 10).
With regards to claim 12, Brehm discloses wherein further having a first engagement element, which is formed on the second side of the door element, a second engagement element, which is formed on the connector housing, so that in the first position of the door element the first engagement element can engage with the second engagement element (the door or lid has closure part which engages with the insertion chamber when closed, [0035]).
With regards to claim 13, Brehm discloses further having a detection unit (58, fig4) for detecting a concentrate container adapter ([0034]).
With regards to claim 14, Brehm discloses wherein the detection unit is a radar sensor for detecting the movement and/or position of the concentrate container adapter, and/or the detection unit is at least one microswitch ([0034] discloses he used of microswitch).
With regards to claim 15, Brehm discloses wherein, having a connector housing comprising at least one container receiving region, which is formed in such a way that it can receive the concentrate container adapter of claim1 on a lower region of the connector housing, and connector connection elements on an underside of the connector housing, which are movable out from the connector housing, and are arranged in such a way that a fluidic connection with the concentrate container adapter is able to be produced and concentrate container adapter (see fig 4 which show a connector housing where the container adaptor is placed on the underside of the housing and provides a fluid connection [0034-36]).
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
No prior art was found to teach wherein the container adapter at least one transverse strut has a projection and/or an indent, which is arranged in such a way that it limits a degree of freedom of movement of the concentrate container adapter when the latter is mounted on a connector housing. While prior art which taught a snap or clip type mechanism for connecting two parts is abundant, adding the projection and or indent specifically to the transverse strut of the frame and having this specific element interact to limit movement between the adaptor and housing was not found. The closest prior art of record Brehm US 2003/0168120 A1 teaches a frame like handle but the handle does not interact with a connector housing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIELLA E BURNETTE whose telephone number is (571)272-9574. The examiner can normally be reached M-S: 0830-1900 EST.
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, Rebecca Eisenberg can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GABRIELLA E BURNETTE/Examiner, Art Unit 3781
/REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781