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 .
Claim Objections
Claim 1 is objected to because of the following informalities: “bottom part” should be corrected to “bottom wall” for claim language consistency. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-12 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henry (US 20200206411 A1), in view of Foley (US 20180043087 A1), and further in view of Burns (US 20180215506 A1).
Henry discloses a liquid container for an anal irrigation system (liquid container 252 for TAI system, see [0118] & Fig. 1 and 9-9A), where the liquid container comprises a top part and a bottom wall, at least one side wall connecting the bottom wall with the top part forming a cavity for storage of liquid (container 252 comprising one end, a bottom wall including opening 256, and another end, opposite the opening 256, and a pair of facing sidewalls defining a hollow interior configured to receive an amount of irrigant or liquid, the pair of facing sidewalls connect both ends, see [0116] & Fig. 9-11), and where the liquid container further comprises a handle (handle 262, [0116] & Fig. 9)
However, the embodiment of Figs. 9-11 of Henry fails to explicitly disclose the liquid container comprising a filling spout located in the at least one side wall such that the filling spout is closer to the top part than the bottom part, the filling spout having a periphery, and that the handle is rotatable around the periphery of the filling spout.
However, the embodiment of Fig. 22 of Henry teaches a liquid container (liquid container 500, [0129] & Fig. 22) comprising a filling spout located in the at least one side wall such that the filling spout is closer to the top part than the bottom part (port/opening 506 defined in one of sidewalls 502 being closer to the top than the bottom surface 504, [0129]-[0130] & Fig. 22), the filling spout having a periphery (port 506 seen being a cylindrical, extending body having a perimeter, or periphery, see Fig. 22).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the liquid container of Figs. 9-11 with the liquid container of Fig. 22 to include a filling spout located in the at least one side wall such that the filling spout is closer to the top part than the bottom part, the filling spout having a periphery, since it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art, Boston Scientific v. Cordis Fed. Cir. 2009. Henry discloses that “Numerous modifications may be made by those skilled in the art without departing from the spirit and scope of the claimed subject matter, including those combinations of features that are individually disclosed or claimed herein.” ([0159]).
The Examiner notes that the embodiment of Fig. 22 explicitly discloses that a “lower port or opening (which may be… a second port) may include a valve (as in FIGS. 4 and 4A) for interaction with a conduit of a frame, as described above.” ([0129]). The second port referenced with respect to Fig. 22 which may include a valve is synonymous to opening/port 256 comprising valve 260 (see [0116]-[0117] & Fig. 9A-9B). As modified, the liquid container 252 would include port 506.
Further, Foley teaches a liquid container for an anal irrigation system (reservoir 52 for TAI platform 26, [0041] & Fig. 8), where the liquid container further comprises, a handle disposed around a periphery of a filling spout (handle 56 seen disposed around a cylindrically protruding body of reservoir 52, [0041] & Fig. 8; the Examiner notes that the structure on which handle 56 is disposed on is not explicitly recited in Foley but one of ordinary skill in the art would understand that the structure is a port or opening, similar to port 506 of Henry).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the handle of Henry with Foley to include the handle disposed around the periphery of the filling spout since Foley teaches this to be an art effective configuration for a handle of a liquid container for a TAI system and would yield predictable results pertaining to the carrying or hanging of a liquid container (see [0041] & Fig. 8 of Foley). As modified, handle 262 of Henry would be disposed around port 506, as modified onto container 252, like handle 56 of Foley.
Further, Burns teaches a liquid container (bottle 502, [0030] & Fig. 5A-5C) comprising a handle, the handle being rotatable around the periphery of the filling spout (handle 508 allowed to rotate freely around the neck 522 of bottle 502, [0030] & Fig. 5A-5C). Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the container of Henry, as modified, with Burns to include the handle, the handle being rotatable around the periphery of the filling spout, since such a modification would provide a more comfortable, ergonomic, and user friendly handle with a visual cue as to the grip area of the handle and would yield the same predictable results pertaining to the carrying or hanging of a liquid container ([0001]-[0002] of Burns). As modified, handle 508 would replace modified handle 262 and be rotatably disposed around port 506, as modified onto container 252 of Henry.
Alternatively, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the handle of Henry, as modified, with Burns to include the handle being rotatable around the periphery of the filling spout since such a modification would allow for the user to adjust the position of the handle, allowing for multiple handling/carrying configurations ([0001]-[0002] of Burns). As modified in this alternate configuration, handle 262, as modified, would be rotatably disposed around port 506, as modified onto container 252 of Henry.
Regarding claim 2, Henry, as modified, discloses all the limitations of claim 1. Henry further discloses the liquid container wherein the handle is rotatable in a tangential direction around the periphery of the filling spout (handle 508 would be rotatable in a tangential direction around the cylindrical, extending body, or periphery, of port 506, see Fig. 9-11 and 22 of Henry and Fig. 5A-5C of Burns). Alternatively, handle 262, as modified, would be rotatable in a tangential direction around the cylindrical, extending body, or periphery, of port 506 (see Fig. 9-11 and 22 of Henry).
Regarding claim 3, Henry, as modified, discloses all the limitations of claim 1. Henry further discloses the liquid container wherein the handle is rotatable around the periphery of the filling spout to at least a first and a second position relative to the liquid container (handle 508 would be rotatable around the cylindrical, extending body, or periphery, of port 506 in at least a first and second position relative to container 252 as handle 508 would be capable of complete rotation around all of port 506, see Fig. 9-11 and 22 of Henry and [0030] & Fig. 5A-5C of Burns).
Alternatively, handle 262, as modified, would be rotatable around the cylindrical, extending body, or periphery, of port 506 in at least a first and second position relative to container 252 since handle 262 would be capable of complete rotation around all of port 506 (see Fig. 9-11 and 22 of Henry and [0030] & Fig. 5A-5C of Burns).
Regarding claim 4, Henry, as modified, discloses all the limitations of claim 3. Henry further discloses the liquid container wherein at least a part of the handle extends beyond the top part of the liquid container, when the handle is in the second position (at least part of lateral regions 526a and 526b (collectively 526) and grip region 528 would extend beyond the top part of container 252 when handle 508 is in a position with grip region 528 rotated above container 252, which is being interpreted as the second position, see Fig. 9-11 and 22 of Henry, [0030] & Fig. 5A-5C of Burns, and Fig. 8 of Foley).
Alternatively, handle 262, as modified, would extend beyond the top part of container 252 when handle 262 is in a position with the gripping portion of the handle rotated above container 252, which is being interpreted as a second position (see Fig. 9-11 and 22 of Henry, [0030] & Fig. 5A-5C of Burns, and Fig. 8 of Foley).
The Examiner notes that a configuration in which the handle extends beyond the top of the container appears to also be taught in Fig. 8 of Foley, in which handle 56 can be seen extending beyond the top of reservoir 52.
Regarding claim 5, Henry, as modified, discloses all the limitations of claim 1. Henry further discloses the liquid container wherein the handle comprises an eight-shaped inner face having two inwardly extending flanges (handle 508 comprises a shaped inner face resembling an eight (see Fig. 5A) having two transition points 540a and 540b which extend inwardly from band region 524, [0031] & Fig. 5A).
Regarding claim 6, Henry, as modified, discloses all the limitations of claim 1. Henry further discloses the liquid container wherein the handle comprises two parts,
a gripping part (lateral regions 526a and 526b, transition points 542a and 542b, and grip region 528 are being interpreted as a gripping part, [0031] & Fig. 5A) and
a spout periphery part (band region 524, which is configured to be mounted onto neck 522, see [0032]-[0033] & Fig. 5A-6C; also see [0003]), which extend in two planes angled in relation to each other, where the angle between the two planes is in the range of 0-45 degrees (“The lateral region 526 may include a second pair of transition points 542a and 542b (collectively 542), at which the lateral region 526 transitions from a lateral direction toward a longitudinal direction, so that the handle 508 starts converging to form a loop… Curvature starting from the transition points 542 may have a radius that causes between about a 20 degree to about 60 degree curve toward a vertical angle.”, [0031] & Fig. 2E and 5A-5C).
Regarding claim 7, Henry, as modified, discloses all the limitations of claim 1. Henry further discloses the liquid container wherein the filling spout is positioned at a centre of gravity of the liquid container in a first direction (as modified, port 506 is positioned along the center of container 252 when viewed from the front, see Fig. 22 and 9, which renders port 506 positioned at a centre of gravity of container 252 in a first, front direction considering container 252 is symmetrical, see Figs. 9-11) and
offset from the centre of gravity of the liquid container in a second direction, the first direction and the second direction extending transverse each other (as modified, port 506 is positioned closer to the top of container 252 than the bottom of container 252, synonymously to how it is positioned on container 500, see Figs. 9-11 and 22, which renders port 506 positioned offset from the centre of gravity of container 252 in a second, transverse direction considering container 252 is symmetrical and port 506 is positioned asymmetrically in the second, transverse direction, see Figs. 9-11).
Regarding claim 8, Henry, as modified, discloses all the limitations of claim 1. Henry further discloses the liquid container wherein the bottom wall comprises an outlet connector for fluidly connecting the liquid container to a pump base unit (the bottom wall comprises port/opening 256 for fluidly connecting container 252 to base 254, which comprises a pump, [0116] and [0118] & Fig. 9-11; also see [0107]).
Regarding claim 9, Henry, as modified, discloses all the limitations of claim 1. Henry further discloses the liquid container wherein the filling spout is positioned in the at least one sidewall such that the filling spout is placed symmetrically along a centreline of the at least one sidewall (port 506 can be seen in Fig. 22 positioned symmetrically along a centerline of sidewalls 502, see Fig. 22; as modified, port 506 would remain positioned symmetrically along a centerline of the sidewalls of container 252, see Fig. 9).
Regarding claim 10, Henry, as modified, discloses all the limitations of claim 1. Henry further discloses the liquid container wherein the bottom wall comprises an oblong rectangular shape (“The filled liquid container 252 is then advanced cap-first into a cavity 264 defined in the top of the base 254, with the cap 258 positioned away from the port 256, as in FIGS. 9-9B. In the illustrated embodiment, the perimeter of the cavity 264 of the base 254 has a shape generally commensurate with the end of the liquid container 252 at which the cap 258 is positioned.”, [0118] & Fig. 9-11; in Figs. 9A and 10, the bottom wall of container 252 can be seen comprising an oblong rectangular shape) and
the filling spout is positioned such that it is vertically aligned with a middle of one of the sides of the oblong rectangular shape of the bottom wall (port 506 can be seen in Fig. 22 positioned symmetrically along a centerline of sidewalls 502, see Fig. 22; as modified, port 506 would remain positioned symmetrically along a centerline of the sidewalls of container 252, which would also render port 506 vertically aligned with a middle of one of the sides of the oblong rectangular shape of the bottom wall, see Fig. 9-9A, 10, and 11).
Regarding claim 11, Henry, as modified, discloses all the limitations of claim 1. Henry discloses the liquid container wherein the filling spout comprises a ring-shape (port 506 seen in Fig. 22 having a circular, ring-shape) but fails to explicitly disclose the liquid container wherein the filling spout comprises a ring-shaped collar surrounding the periphery, the handle being rotatably connected to the ring-shaped collar.
However, Burns teaches the filling spout comprising a ring-shaped collar surrounding the periphery (continuous groove 548 surrounds the neck 522 of bottle 502, [0032] & Fig. 5B-5C), the handle being rotatably connected to the ring-shaped collar (handle 508 is mounted and positioned within groove 548, [0032] & Fig. 5C).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the filling spout of Henry with Burns to include a ring-shaped collar surrounding the periphery, the handle being rotatably connected to the ring-shaped collar, since such a modification would provide means for securely connecting the handle to the filling spout while maintain the handles rotating function ([0030]-[0032] & Fig. 5A-5C of Burns).
Regarding claim 12, Henry, as modified, discloses all the limitations of claim 1. However, Henry fails to explicitly disclose the liquid container wherein the handle is made of plastic material. However, Burns further teaches the handle made of plastic material (handle 506 may be made of thermoplastic elastomers or other plastics, see [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the handle of Henry, as modified, with Burns to include the handle made of plastic material since Burns teaches plastic to be an art effective material for a handle of a liquid container ([0026] of Burns).
Regarding claim 14, Henry, as modified, discloses an anal irrigation system (TAI system 40, [0090]-[0092] and [0118] & Fig. 1, 9-11, and 22) comprising the liquid container of claim 1 (see the rejection of claim 1 above) and a pump base unit attachable to the liquid container (base 254 attachable to container 252, [0118] & Figs. 9-11; also see [0100] and [0106]).
Regarding claim 15, Henry, as modified, discloses all the limitations of claim 14. Henry further discloses the anal irrigation system wherein the liquid container is detachable from the pump base unit (container 252 is detachable from base 254, [0118] & Fig. 9-11; also see [0100] and [0106]).
Regarding claim 16, Henry, as modified, discloses all the limitations of claim 14. Henry further discloses the anal irrigation system further comprising a liquid transport tube attachable to the pump base unit and an anal probe attachable to the liquid transport tube (“The port 268 of the base 254 may be connected to a tubing segment 274 or the like (FIG. 9) to allow fluid flow to other components of the TAI system.”, [0118] & Fig. 9; an example of a component of the TAI system that tubing segment 274 could allow fluid flow to is rectal catheter 46, [0092] & Fig. 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARTIN ADAM RADOMSKI whose telephone number is (571)272-2703. The examiner can normally be reached Monday-Friday: 7:30-4:30 CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at (571) 272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARTIN A RADOMSKI/Examiner, Art Unit 3783 /EMILY L SCHMIDT/Primary Examiner, Art Unit 3783