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 2 is objected to because of the following informalities: there appears to be a typo regarding “insertible” as opposed to “insertable” in line 2. Appropriate correction is required.
Claim 4 is objected to because there appears to be a typo regarding “the flow path is penetrates through the barrier portion” in line 5 as opposed to “the flow path penetrates through the barrier portion” (for example). Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a scattering prevention mechanism that…prevents the body fluid from scattering to the filter” in claims 1 and 19 and “a filter fixing portion…that is configured to prevent the filter from moving to the distal side” in claim 15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-13 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bell (USPN 5125415).
Regarding claim 1, Bell discloses an air bubble removal cap (Figure 4) comprising:
a main body portion (tubular member 1) that is formed in a tubular shape and defines a hollow portion inside (Figure 4), the hollow portion being configured to communicate with a collection tube (syringe 50) that accommodates a body fluid from a living body (Figure 4; “The syringe tip cap is then screwed onto the luer 53 of the syringe 50.” [Col 3, lines 6-4]);
a connection portion (Figure 4: proximal end having tabs 92 and female luer lock 3) that is located on a proximal side of the hollow portion and to which the collection tube is connectable (Figure 4);
an exhaust portion (Figure 4: distal end having shoulders 90 and vent hole 5) that is located on a distal side of the hollow portion and is configured to discharge gas discharged from the collection tube (Figure 4; “The reservoir 11 fills with the initial blood expelled from the choke 10, leaving the outer annulus of the filter 75 dry so that air can escape.” [Col 3, line 60-63]);
a filter (filter 75) that is disposed in the hollow portion and divides the exhaust portion and the connection portion (Figure 4); and
a scattering prevention mechanism (choke 10) that covers a proximal side of the filter and prevents the body fluid from scattering to the filter (Figure 4; “The more narrow diameter of the choke outlet 10 restricts the area in which the blood initially strikes the filter 75 to a small circumference directly in the middle of the filter 75 cross section.” [Col 3, lines 48-51]).
Regarding claim 2, Bell discloses the air bubble removal cap according to claim 1, wherein the collection tube (syringe 50) is insertible into the hollow portion from a side of the filter (filter 75) closer to the scattering prevention mechanism (choke 10; Figure 4).
Regarding claim 3, Bell discloses the air bubble removal cap according to claim 1, wherein the scattering prevention mechanism defines a flowpath (flow path through choke 10; Figure 4), wherein a diameter of the flow path is smaller than a diameter of the hollow portion (“a cylindrical axial flow restricter or choke 10 which serves to narrow the flow cross-section of the blood prior to contacting the filter.” [Col 4, lines 38-40]; “The more narrow diameter of the choke outlet 10 restricts the area in which the blood initially strikes the filter 75 to a small circumference directly in the middle of the filter 75 cross section.” [Col 3, line 48-51]).
Regarding claim 4, Bell discloses the air bubble removal cap according to claim 3, wherein the scattering prevention mechanism comprises a barrier portion (see annotated Figure 4 below) that is formed in a wall shape and separates the connection portion and the filter, and the flow path is penetrates through the barrier portion (Figure 4).
Regarding claim 5, Bell discloses the air bubble removal cap according to claim 4, wherein, when the hollow portion is viewed from an axial direction (Figure 4), an area of the barrier portion is larger than an area of the flow path (Figure 4 showing the area of the wall forming barrier portion is larger than the area of the opening through choke 10).
Regarding claim 6, Bell discloses the air bubble removal cap according to claim 4, wherein the scattering prevention mechanism comprises a protruding portion (see annotated Figure 4 above) that is located on the proximal side of the filter and forms a gap (cavity 9) between the filter and the flow path (Figure 4).
Regarding claim 7, Bell discloses the air bubble removal cap according to claim 6, wherein the protruding portion (see annotated Figure 4 above) protrudes from an inner peripheral surface of the main body portion (Figure 4, showing the narrowed proximal opening of the flow path protruding from the inner surface of female luer connector 3) toward a central axis (Figure 4), and the barrier portion protrudes farther toward the central axis than does the protruding portion (Figure 4).
Regarding claim 8, Bell discloses the air bubble removal cap according to claim 6, wherein the protruding portion (see annotated Figure 4 above) is located on a distal side of the scattering prevention mechanism (Figure 4).
Regarding claim 9, Bell discloses the air bubble removal cap according to claim 6, wherein the protruding portion is in contact with the filter (Figure 4, wherein the protruding portion of choke 10 is in contact with filter 75 via the mutual connection to the walls of tubular portion 1).
Regarding claim 10, Bell discloses the air bubble removal cap according to claim 4, wherein the barrier portion (see annotated Figure 4 above) comprises a protrusion (narrowed proximal opening of the flow path protruding from the inner surface of female luer connector 3) on a proximal side (Figure 4), wherein a central axis portion of the protrusion protrudes to a proximal side of an outer peripheral portion of the protrusion (Figure 4).
Regarding claim 11, Bell discloses the air bubble removal cap according to claim 4, wherein the scattering prevention mechanism defines a recess (recess 11) on a distal side of the barrier portion (see annotated Figure 4 above), the recess being recessed toward a proximal side so as to be spaced apart from the filter (Figure 4; “The cavity 9 is extended down around the circumference of the choke 10 to form a reservoir 11.” [Col 3, lines 52-54]).
Regarding claim 12, Bell discloses the air bubble removal cap according to claim 11, wherein a proximal end of the recess (recess 11) is on a proximal side of a distal end of the flow path (Figure 4; “The cavity 9 is extended down around the circumference of the choke 10 to form a reservoir 11.” [Col 3, lines 52-54]).
Regarding claim 13, Bell discloses the air bubble removal cap according to claim 11, wherein a proximal end of the recess (recess 11) communicates with the flow path (Figure 4; “The reservoir 11 fills with the initial blood expelled from the choke 10” [Col 3, lines 60-62]).
Regarding claim 15, Bell discloses the air bubble removal cap according to claim 1, wherein the main body portion comprises a filter fixing portion (see annotated Figure 4 above) that is on a distal side of the filter and that is configured to prevent the filter from moving to the distal side (Figure 4).
Regarding claim 16, Bell discloses the air bubble removal cap according to claim 15, wherein the filter fixing portion comprises an undercut portion formed of a step protruding inward from the inner peripheral surface of the main body portion (see annotated Figure 4).
Regarding claim 17, Bell discloses the air bubble removal cap according to claim 1, wherein the connection portion comprises a lock mechanism (tabs 92 and female luer lock 3; Figure 1 and 4) configured to be fixed to the collection tube (“Tabs 92 extend outwardly from the tubular member 1. The tabs 92 are used when applicable to engage the threads of a luer lock ring on a syringe.” [Col 3, line 44-46]; (“The syringe tip cap is then screwed onto the luer 53 of the syringe 50. The male luer lock of the syringe securely mates with the female luer lock 3 of the syringe tip cap.” [Col 3, lines 3-9]).
Regarding claim 18, Bell discloses the air bubble removal cap according to claim 17, wherein the lock mechanism comprises a portion (female luer lock 3) that is reduced in diameter in a tapered shape (Figure 4) toward a distal end (“The syringe tip cap is then screwed onto the luer 53 of the syringe 50. The male luer lock of the syringe securely mates with the female luer lock 3 of the syringe tip cap.” [Col 3, lines 3-9]).
Regarding claim 19, Bell discloses a syringe set (Figure 4: syringe 50 and syringe tip cap having tubular member 1) comprising:
an air bubble removal cap (syringe tip cap having tubular member 1) comprising:
a main body portion (tubular member 1) that is formed in a tubular shape and defines a hollow portion inside (Figure 4), the hollow portion being configured to communicate with a collection tube (syringe 50) that accommodates a body fluid from a living body (Figure 4; “The syringe tip cap is then screwed onto the luer 53 of the syringe 50.” [Col 3, lines 6-4]);
a connection portion (Figure 4: proximal end having tabs 92 and female luer lock 3) that is located on a proximal side of the hollow portion and to which the collection tube is connectable (Figure 4);
an exhaust portion (Figure 4: distal end having shoulders 90 and vent hole 5) that is located on a distal side of the hollow portion and is configured to discharge gas discharged from the collection tube (Figure 4; “The reservoir 11 fills with the initial blood expelled from the choke 10, leaving the outer annulus of the filter 75 dry so that air can escape.” [Col 3, line 60-63]);
a filter (filter 75) that is disposed in the hollow portion and divides the exhaust portion and the connection portion (Figure 4); and
a scattering prevention mechanism (choke 10) that covers a proximal side of the filter and prevents the body fluid from scattering to the filter (Figure 4; “The more narrow diameter of the choke outlet 10 restricts the area in which the blood initially strikes the filter 75 to a small circumference directly in the middle of the filter 75 cross section.” [Col 3, lines 48-51]); and
a collection tube (syringe 50) that collects a body fluid (“Typical use of the syringe 50 causes a blood sample to become exposed to a certain amount of air. In order to make use of the syringe cap of the present invention, the needle 52 is unscrewed from the syringe 50 using a sheath after a blood sample has been taken.” [Col 3, line 1-6]).
Regarding claim 20, Bell discloses an air bubble removal cap (apparatus 10 having modular stop segment 18; Figures 1 and 12) comprising:
a tubular member (tubular member 1) comprising:
a first tubular portion (female luer lock 3) on a proximal side and configured to be connected to a body fluid collection tube (“The syringe tip cap is then screwed onto the luer 53 of the syringe 50. The male luer lock of the syringe securely mates with the female luer lock 3 of the syringe tip cap.” [Col 3, lines 3-9]; Figure 4), the first tubular portion defining a first space (Figure 4), and
a second tubular portion (Figure 4: distal end having shoulders 90 and vent hole 5) on a distal side and configured to discharge gas, the second tubular portion defining a second space (Figure 4);
a filter (filter 75) that is disposed in the tubular member and divides the first space from the second space (Figure 4); and
a scattering prevention mechanism (choke 10) that covers a proximal side of the filter (Figure 4).
Claims 1-10, 14-16, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hemmerich et al. (USPN 5147309).
Regarding claim 1, Hemmerich discloses an air bubble removal cap (apparatus 10) comprising:
a main body portion (tubular sheath member 21) that is formed in a tubular shape (Figure 1) and defines a hollow portion inside (inner containment chamber 30; Figure 1), the hollow portion being configured to communicate with a collection tube that accommodates a body fluid from a living body (Figure 1; “A removable protector cap 20 may be provided over the open distal end 19 of the connector, to keep the connector and needle sanitary until the connector is to be fitted to the source of supply of the hazardous fluid.” [Col 4, lines 11-15], noted that “a collection tube” and “a bodily fluid” are not positively recited or claimed);
a connection portion (proximal base portion 26 and distal fluid containment portion 28) that is located on a proximal side of the hollow portion and to which the collection tube is connectable (Figure 1);
an exhaust portion (distal end 24) that is located on a distal side of the hollow portion and is configured to discharge gas discharged from the collection tube (Figure 1; “A distal end wall 36 of the containment portion of the sheath preferably includes one or more vents 38 for venting air from the containment chamber which is expelled from the needle.” [Col 4, lines 67-60]);
a filter (filter 39) that is disposed in the hollow portion and divides the exhaust portion and the connection portion (Figure 1); and
a scattering prevention mechanism (deflector member 40) that covers a proximal side of the filter and prevents the body fluid from scattering to the filter (Figures 1 and 2; “a deflector member 40 for preventing escape of the hazardous fluid from the containment portion through the distal end of the tubular sheath member.” [Col 4, line 68 – Col 5, line 3]).
Regarding claim 2, Hemmerich discloses the air bubble removal cap according to claim 1, wherein the collection tube is insertible into the hollow portion from a side of the filter (filter 39) closer to the scattering prevention mechanism (deflector member 40; Figure 1; “A removable protector cap 20 may be provided over the open distal end 19 of the connector, to keep the connector and needle sanitary until the connector is to be fitted to the source of supply of the hazardous fluid.” [Col 4, lines 11-15]).
Regarding claim 3, Hemmerich discloses the air bubble removal cap according to claim 1, wherein the scattering prevention mechanism defines a flowpath (fluid flow passages 44 Figure 2), wherein a diameter of the flow path is smaller than a diameter of the hollow portion (Figures 1 and 2).
Regarding claim 4, Hemmerich discloses the air bubble removal cap according to claim 3, wherein the scattering prevention mechanism comprises a barrier portion (shield portion 42) that is formed in a wall shape and separates the connection portion and the filter (Figures 1 and 2), and the flow path is penetrates through the barrier portion (Figure 2; “a shield portion 42 adjacent to the needle end for deflecting hazardous fluid expelled from the needle away from the means for venting, and is provided with at least one fluid flow passage 44 for communicating air from the needle through the distal vent openings.” [Col 5, lines 22-27]).
Regarding claim 5, Hemmerich discloses the air bubble removal cap according to claim 4, wherein, when the hollow portion is viewed from an axial direction, an area of the barrier portion is larger than an area of the flow path (Figure 2 showing the area of the shield portion 42 is larger than an area of passages 44).
Regarding claim 6, Hemmerich discloses the air bubble removal cap according to claim 4, wherein the scattering prevention mechanism comprises a protruding portion (proximal and distal surface of deflector member 40 extending from outer rim to the passages 44, protruding from the inner surface 31 of the containment chamber) that is located on the proximal side of the filter (Figure 1) and forms a gap (space between filter 39 and deflector member 40) between the filter and the flow path (Figure 1).
Regarding claim 7, Hemmerich discloses the air bubble removal cap according to claim 6, wherein the protruding portion (proximal and distal surface of deflector member 40 extending from outer rim to the passages 44) protrudes from an inner peripheral surface of the main body portion (inner surface 31) toward a central axis (Figures 1 and 2), and the barrier portion (shield portion 42) protrudes farther toward the central axis than does the protruding portion (Figure 2).
Regarding claim 8, Hemmerich discloses the air bubble removal cap according to claim 6, wherein the protruding portion (proximal and distal surface of deflector member 40 extending from outer rim to the passages 44) is located on a distal side of the scattering prevention mechanism (Figure 1, distal surface of the deflector member 40).
Regarding claim 9, Hemmerich discloses the air bubble removal cap according to claim 6, wherein the protruding portion (proximal and distal surface of deflector member 40 extending from outer rim to the passages 44) is in contact with the filter (Figure 1, wherein the deflector member 40 is in contact with filter 39 via the mutual connection to the inner surface 31 of containment portion 28).
Regarding claim 10, Hemmerich discloses the air bubble removal cap according to claim 4, wherein the barrier portion (shied portion 42) comprises a protrusion (proximal and distal surface of deflector member 40 extending from outer rim to the passages 44) on a proximal side (Figure 1, proximal surface of the deflector member 40), wherein a central axis portion of the protrusion protrudes to a proximal side of an outer peripheral portion of the protrusion (Figure 1 showing the deflector member 40 protruding from the inner surface 31 in both the proximal and distal directions).
Regarding claim 14, Hemmerich discloses the air bubble removal cap according to claim 1, wherein:
the scattering prevention mechanism (deflector member 40) comprises:
a wall-shaped barrier portion (shield portion 42) that separates the connection portion and the filter (Figure 1),
a plurality of flow paths (fluid flow passages 40; Figure 2) that are formed in an outer peripheral portion of the barrier portion and penetrate through the barrier portion in an axial direction (Figures 1 and 2; “deflector member…is provided with at least one fluid flow passage 44 for communicating air from the needle through the distal vent openings.” [Col 5, lines 22-27]), and
a protruding portion (proximal and distal surface of deflector member 40 extending from outer rim to the passages 44) that is located on a distal side of the barrier portion (Figure 1, distal surface of deflector member 40) and protrudes toward a central axis from an inner peripheral surface of the main body portion (inner surface 31) at a position other than circumferential positions of the flow paths to form a gap between each of the flow paths and the filter (Figures 1 and 2); and
an end surface (distal surface of the shield portion 42) on the distal side of the barrier portion defines a recess (gap between deflector member 40 and filter 39) that is recessed toward a proximal side at the central axis (Figure 1).
Regarding claim 15, Hemmerich discloses the air bubble removal cap according to claim 1, wherein the main body portion comprises a filter fixing portion that is on a distal side of the filter and that is configured to prevent the filter from moving to the distal side (“The hydrophobic filter may include a disclike housing 41 fitted within the containment chamber, either snap fitted in a recess or bonded by adhesive or heat bonding to the sheath member” [Col 5, line 3-6]).
Regarding claim 16, Hemmerich discloses the air bubble removal cap according to claim 15, wherein the filter fixing portion comprises an undercut portion formed of a step protruding inward from the inner peripheral surface of the main body portion (Figure 1; “The hydrophobic filter may include a disclike housing 41 fitted within the containment chamber, either snap fitted in a recess” [Col 5, line 3-5]).
Regarding claim 19, Hemmerich discloses a syringe set (Figure 1: apparatus 10 and attached syringe: “the invention is accordingly embodied in an apparatus 10 for priming a hypodermic needle with hazardous fluid from a source of supply (not shown) of the hazardous fluid, such as a syringe” [Col 3, line 66 – Col 4, line 2]) comprising:
an air bubble removal cap (apparatus 10) comprising:
a main body portion (tubular sheath member 21) that is formed in a tubular shape (Figure 1) and defines a hollow portion inside (inner containment chamber 30; Figure 1), the hollow portion being configured to communicate with a collection tube that accommodates a body fluid from a living body (Figure 1; “A removable protector cap 20 may be provided over the open distal end 19 of the connector, to keep the connector and needle sanitary until the connector is to be fitted to the source of supply of the hazardous fluid.” [Col 4, lines 11-15], noted that “a bodily fluid” is not positively recited or claimed);
a connection portion (proximal base portion 26 and distal fluid containment portion 28) that is located on a proximal side of the hollow portion and to which the collection tube is connectable (Figure 1);
an exhaust portion (distal end 24) that is located on a distal side of the hollow portion and is configured to discharge gas discharged from the collection tube (Figure 1; “A distal end wall 36 of the containment portion of the sheath preferably includes one or more vents 38 for venting air from the containment chamber which is expelled from the needle.” [Col 4, lines 67-60]);
a filter (filter 39) that is disposed in the hollow portion and divides the exhaust portion and the connection portion (Figure 1); and
a scattering prevention mechanism (deflector member 40) that covers a proximal side of the filter and prevents the body fluid from scattering to the filter (Figures 1 and 2; “a deflector member 40 for preventing escape of the hazardous fluid from the containment portion through the distal end of the tubular sheath member.” [Col 4, line 68 – Col 5, line 3]); and
a collection tube (attached syringe: “the invention is accordingly embodied in an apparatus 10 for priming a hypodermic needle with hazardous fluid from a source of supply (not shown) of the hazardous fluid, such as a syringe” [Col 3, line 66 – Col 4, line 2]) that collects a body fluid (“A removable protector cap 20 may be provided over the open distal end 19 of the connector, to keep the connector and needle sanitary until the connector is to be fitted to the source of supply of the hazardous fluid.” [Col 4, lines 11-15], noted that “a bodily fluid” is not positively recited or claimed).
Regarding claim 20, Hemmerich discloses an air bubble removal cap (apparatus 10) comprising:
a tubular member (tubular sheath member 21) comprising:
a first tubular portion (proximal base portion 26 and distal fluid containment portion 28) on a proximal side and configured to be connected to a body fluid collection tube (Figure 1; “A removable protector cap 20 may be provided over the open distal end 19 of the connector, to keep the connector and needle sanitary until the connector is to be fitted to the source of supply of the hazardous fluid.” [Col 4, lines 11-15], noted that “a bodily fluid collection tube” is not positively recited or claimed), the first tubular portion defining a first space (inner containment chamber 30; Figure 1), and
a second tubular portion (distal end 24) on a distal side (Figure 1) and configured to discharge gas (“A distal end wall 36 of the containment portion of the sheath preferably includes one or more vents 38 for venting air from the containment chamber which is expelled from the needle.” [Col 4, lines 67-60]), the second tubular portion defining a second space (Figure 1);
a filter (filter 39) that is disposed in the tubular member and divides the first space from the second space (Figure 1); and
a scattering prevention mechanism (deflector member 40) that covers a proximal side of the filter (Figure 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Lin et al. (EP 2830683) discloses an air bubble removal cap (10; Figures 1 and 12) comprising: a main body portion (Figure 1); a connection portion (12); and exhaust portion (port 24); a filter (16); and a scattering prevention mechanism (modular stop segment 18 shown in Figure 12 and described in [0028-0030]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEAH J SWANSON whose telephone number is (571)270-0394. The examiner can normally be reached M-F 9 AM- 5 PM ET.
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/LEAH J SWANSON/Examiner, Art Unit 3783
/KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783