DETAILED ACTION
Response to Amendment
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.
Claim(s) 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koska (US 10,835,678).
In regard to claim 1, Koska discloses an auto-disable prefillable integrated package apparatus (10; see Figs. 10-11 for reference), comprising: a first chamber (30a); a second chamber (30b); a connector (36) configured to form a communicable channel between the first chamber and the second chamber (see at least Fig. 11); a frangible membrane (“temporary seal”; see col. 13, line 42- col. 14, line 10) configured to form a rupturable barrier within the connector that separates the first chamber and the second chamber (the temporary seal is placed at the end of first chamber 30a adjacent to the one-way valve 26; this is considered within valve cover 36); and a hub (11 and 20) configured to be communicably coupled to the second chamber (see at least Figs. 1 and 11); and a bonded periphery (see peripheral portions of 14) coupled to the hub and surrounding the first chamber and the second chamber (see at least Figs. 1 and 10-11; see col. 9, line 4- col. 11, line 4).
In regard to claim 2, Koska discloses wherein the second chamber (30b) comprises a compressible inner volume (“second compressible reservoir member 30b”; see col. 13, line 56).
In regard to claim 3, Koska discloses further comprising a valve (26) configured to prevent fluid flow from the second chamber into the first chamber via the connector (see at least col. 13, line 22- col. 14, line 10).
In regard to claim 4, Koska discloses further comprising a needle assembly (11) configured to be communicatively coupled to the hub (in this interpretation, only 20 would be considered the hub).
In regard to claim 5, Koska discloses wherein the bonded periphery comprises a bond formed between a top half (14) of the integrated package apparatus and a bottom half (12) of the integrated package apparatus (see col. 10, line 60-col. 11, line 4).
In regard to claim 6, Koska discloses wherein the frangible membrane is configured to rupture when a mechanical force above a rupture threshold is applied by a user to the connector (see col. 13, line 42- col. 14, line 10).
In regard to claim 7, Koska discloses wherein the hub comprises a port (22).
In regard to claim 8, Koska discloses wherein the valve (26) comprises a disc valve (see col. 10, lines 22-33).
In regard to claim 9, Koska discloses wherein the frangible membrane comprises a polymer compound (see col. 5, lines 25-32).
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 THEODORE J STIGELL whose telephone number is (571)272-8759. The examiner can normally be reached M-F 9-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached at 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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THEODORE J. STIGELL
Primary Examiner
Art Unit 3783
/THEODORE J STIGELL/ Primary Examiner, Art Unit 3783
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