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
The amendment filed on July 16, 2026 is acknowledged. Claims 1-23 remain pending wherein claims 14-23 were indicated as containing allowable subject matter. Applicant amended claims 1-10, 12-19 and 21-23. In light of the amendment, all outstanding objections and indefiniteness rejections have been withdrawn.
Response to Arguments
The amendment necessitated the new grounds of rejection set forth below, rendering moot Applicant’s arguments with respect to the patentability of the claims.
Claim Objections
Claims 1, 14 and 19 are objected to because of the following informalities:
In claim 1, each instance of the limitation “the groove” should be changed to “the at least one groove”.
In claim 14, the last clause is grammatically incorrect. It appears that the recitation “…into the port fitting moves the valve connector…” should be changed to “…into the port fitting, which moves the valve connector…”.
In claim 19, the limitation, “port fitting’s threading”, should be changed to “the valve connector’s threading”.
Appropriate corrections are required.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 14-23 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
The amendment to the last clause of claim 14 changes the scope of the claim. Previously, the claim recited that the at least one lower O-ring (an O-ring of the valve connector) forms a seal between the valve connector and the port fitting. After the amendment, the claim now conveys that the gasket of the port fitting forms the seal. It is unclear whether this is the intent of the amendment. If so, it is unclear how this is achieved given that the gasket is provided on an outer surface of the port fitting and the valve connector is fitted inside the port fitting. In fact, claim 1 explicitly recites that the gasket forms a seal between the port fitting and the container, not between the port fitting and the valve connector.
Claims not explicitly rejected are rejected due to dependency.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 14-23 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
As discussed above, the last clause of claim 14 was amended to specify that the gasket recited in claim 1 forms a seal between the valve connector and the port fitting. The specification does not provide support for the amendment. According to the specification, it is the at least one lower O-ring of the valve connector that forms this seal.
Claim Rejections - 35 USC § 103
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kusz et al. (“Kusz”) (US 2012/0284991 A1) in view of Jiang et al. (“Jiang”) (US 2022/0144526 A1).
With respect to claim 1, Kusz discloses an assembly comprising a port fitting 14 for a container W (see Fig. 1), the port fitting 14 comprising (see Figs. 2a-2b):
at least one groove 14b extending circumferentially around the port fitting adjacent to a first end (bottom) of the port fitting 14;
a gasket 22 disposed in the groove 14b; and
two opposing locking arms 18a/18b between the at least one groove 14b and a second end (top) of the port fitting, wherein the port fitting 14 is configured to be mounted onto the container by*:
inserting the first end of the port fitting 14 into a port 12 in the container W such that the gasket 22 forms a seal between the port fitting and the container (see [0051]); and
rotating the port fitting 14 to align and engage the opposing locking arms 18a/18b with respective opposing retention clips 20a/20b of the container (see Fig. 2a).
*The container is not a part of the claimed invention. The limitations directed to the container merely provide context for the claimed port fitting. Consequently, prior art need not disclose the container, let alone the manner in which the container interacts with the port fitting, to anticipate the claim. Nevertheless, Kusz teaches the claimed mounting, as discussed above.
The assembly taught by Kusz differs from the claimed invention in that Kusz does not disclose that the gasket extends from the groove to the first end of the port fitting.
However, Kusz discloses that the gasket is intended to contact the inner surface of wall 12c to form a radial seal (see [0059]). Based on the disclosure, instead of using a gasket in the form of an O-ring, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a gasket in the form of a sleeve that extends from reference numeral 14b to the first end (bottom) of the port fitting (see Fig. 2b) in order to enhance the sealing between the port fitting and connector 12. Such gaskets are well-known in the art (e.g. see Fig. 1 and [0028] of Jiang disclosing a sealing sleeve 8 situated on an inner wall of a tank 11, the sealing sleeve 8 forming a seal with an outer wall of lid 122 so as to establish an air-tight seal between the tank 11 and the lid 122).
With respect to claim 2, each locking arm 18a/18b comprises:
a rotation stop (horizontal part of the arm) configured to stop the rotation of the port fitting relative to the container at one of the retention clips 20a/20b (the horizontal part fits inside the clip, preventing rotation of the port fitting); and
a detent (the curved part of the arm) configured to inhibit removal of the port fitting from the container by rotation (the curved part imparts a biasing force that retains the arm in the clip, and hence it prevents removal of the port fitting from the container using rotational force).
With respect to claim 3, the first end of the port fitting has a curvilinear shape (cylindrical shape) configured to match a curvilinear shape of an interior of the container at the port fitting when the port fitting is mounted onto the container (see Fig. 2a).
With respect to claim 4, the container comprises one or more ports and two opposing retention clips 20a/20b for each port, each port configured to receive the port fitting 14 (see Fig. 2a).
Regarding the limitations to two different port fittings having differently sized passageways, they merely provide context for the port(s) of the container. The assembly merely requires a single port fitting. Consequently, prior art need not teach port fittings having differently sized passageways to reject the claim. In this case, the port taught by Kusz is configured to receive a port fitting comprising any sized passageway that can be made within the port fitting.
With respect to claim 5, as discussed above (see rejection of claim 1), the gasket would extend all the way to the first end of the port fitting, meaning it is disposed over a lateral circumference of the first end. Absent the claim specifying the structure of the limitation “first end”, it is being interpreted to encompass any and all surfaces associated with the terminus (bottom edge) of the port fitting taught by Kusz, including the outer side circumference of the bottom edge.
With respect to claim 6, the container W is a flexible bag chamber (see [0043]) permanently connected (see [0045] disclosing welding) to a rigid canoe 12 having the one or more ports and the two opposing retention clips for each port (see Figs. 1 and 2a).
With respect to claim 7, due to the shape of the gasket (i.e. it’s a sleeve), the gasket forms axial sealing and radial sealing between the port fitting and the container.
With respect to claim 8, the port fitting is a fixed port fitting having:
a channel from an open first end of the port fitting to an opposing open second end of the port fitting (see Fig. 2b); and
a tube barb 16 at the open second end of the port fitting and configured to receive a flexible tube over the tube barb (see Fig. 2b).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kusz in view of Jiang as applied to claims 1-8 above, and further in view of Herweck et al. (“Herweck”) (US 5,380,314).
With respect to claim 9, the combination of Kusz and Jiang does not disclose that the port fitting has one or more additional open ends.
Herweck discloses an analogous port fitting 35 comprising multiple second ends (end 36 and end connected to tubing 31) for connecting to multiple fluid sources (see Fig. 2). In light of the disclosure of Herweck disclosing a need to provide a port fitting with multiple second ends, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the modified Kusz port fitting with an additional second end.
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kusz in view of Jiang as applied to claims 1-8 above, and further in view of Keltner (US 5,168,720).
With respect to claim 10, the combination of Kusz and Jiang does not disclose the claimed threading.
Keltner discloses an analogous port fitting 111 comprising a male barb 139 situated at one (top) end thereof for connecting to a tube 143 of a valve connector 135 (see Fig. 4). Next to the barb 139 is a threaded portion 141 that interacts with a threaded tube retainer 147 through which the tube 143 passes. To connect the valve connector 135 to the port fitting 111, the tube 143 is fed through an opening in the threaded tube retainer 147, the barb 139 is inserted into the tube 143, and the threaded tube retainer 147 is threaded onto the threaded portion 141 (see lines 30-40, col. 7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the modified port fitting of Kusz with a threaded portion between the barb 16 and the locking arms 18a/18b for securing a valve connector 135 such as the one taught by Keltner.
With respect to claim 11, if the valve connector taught by Keltner is connected to the port fitting taught by Kusz, then the assembly would further comprise the threaded tube retainer 147.
With respect to claim 12, the port fitting 111 taught by Keltner further comprises a port fitting stop 142 adjacent the threaded portion for stopping the rotation of the threaded tube retainer (see Fig. 4). Naturally, the modification of the port fitting of Kusz pursuant to the teachings of Keltner would further involve the provision of a port fitting stop 142 between the threaded portion and the locking arms.
With respect to claim 13, the port fitting stop 142 taught by Keltner is in the form of a retainer locking tab (see Fig. 4) configured to engage at least one anti-rotation feature (bottom end) of the threaded tube retainer 147 to lock the threaded tube retainer 147 in place onto the port fitting (i.e. prevent the threaded tube retainer 147 from threading past the threaded portion 141).
Allowable Subject Matter
Claims 14-23 would be allowable if they are rewritten to overcome the applicable objections and the 35 U.S.C. 112 rejections set forth above, and if they are further rewritten as independent claims that include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As discussed above, Kusz discloses an assembly comprising a container having a port, and a port fitting configured to connect to the port. Moreover, it is well-known in the art to connect such port fitting to a valve connector (see Fig. 4 of Keltner illustrating a valve connector 135 connected to an analogous port fitting 111). However, Kusz and other relevant art (e.g. Keltner) do not disclose a valve connector comprising the combination of features recited in claim 14. Naturally, it also would not have been obvious to modify the assembly to arrive at the invention recited in claim 14.
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 PAUL S HYUN whose telephone number is (571)272-8559. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL S HYUN/Primary Examiner, Art Unit 1796
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