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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
The disclosure is objected to because of the following informalities:
The filed specification missing some headings, for example; Field of the Invention, Description of Related Art, BRIEF SUMMARY OF THE INVENTION, etc.
Appropriate correction is required.
The abstract of the disclosure is objected to because the abstract should not refer to elements by numbers. The mentioned numbers in the filed abstract need to be eliminated.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 2, 4-7, and 10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, 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, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 2 is referring to a “flexible hose”, a matter not supported by the filed specification. It is noted that the files specification is completely silent regarding any “flexible hose”!
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.
Claims 1-23 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.
The filed claims repeatedly using broad and confusing terms render the claimed invention to be indefinite and unclear. For example, “capable of”, “such that”, “configuration”, “in which”, etc.
Claim 10 recites the limitation "the strilising" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 2, line 1; the claimed “conduit comprises a flexible hose” is vague and indefinite as it is not clear what “flexible hose” applicant is referring to.
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 claimed “conduit comprises a flexible hose” as suggested by claim 2 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 § 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)(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, 8-9, and 11-23 the best understood is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Brossard et al. (U.S. Pat. No. 5,263,521).
Regarding claim 1: Brossard discloses a transfer device comprising an active and a passive member (Fig. 1; via container 10 and hopper 12) capable of mating and creating a seal therebetween such that two members may be releasably secured and sealed to one another, see for example (Fig. 1; showing sealed 10 with 12),
each member having a housing having a port and a door for selectively opening or closing the port to control the movement of material therethrough, wherein the door has a closed configuration in which the door is secured to the port and a seal is formed therebetween and the door is closed, and an open configuration wherein the seal is released and the door is open (Figs. 1-3; via door transfer systems 26 & 44),
wherein the housing of the active member further comprises an outlet that is capable of communicating with the port of the active member by means of a conduit moveable relative to the active member housing (via device 14), said conduit moveable within the housing between a stowed configuration in which the port and outlet are not in communication with one another and an extended configuration in which the port and outlet are in communication with one another via the conduit such that material may pass therethrough, see for example (Figs. 2-4; via attaching and/or detaching of element 14 and/or mobile piece 56 between 10 and 12).
Regarding claim 3: wherein the conduit comprises a telescopically extending member (via member 56).
Regarding claim 8: wherein the conduit facilitates communication between the port of the passive member and the outlet of the active member (via 56 between both 10 and 12).
Regarding claim 9: wherein the active and passive member have a mated configuration in which a chamber comprising an inlet is formed between the outer surface of the doors of the active and passive members (Fig. 1; via 10 and 12); into which sterilising medium may pass (intended use limitations of the active and passive members; not given much patentable weight).
Regarding claim 11: wherein one of the doors comprises a male mating member comprising a protrusion and the other door comprises a complimentarily shaped female mating member, said male and female members capable of mating with one another to releasably secure and unlock at least one of the doors, see for example (Figs. 3-4; via 26 & 44 appears to have the male/female mechanism).
Regarding claim 12: wherein the passive member comprises means to selectively prevent the movement of material through the passive port when the passive door is in an open configuration (Fig. 1; via sliding door 20).
Regarding claim 13: wherein the means to selectively prevent the movement of material through the passive port when the passive door is in an open configuration comprises a valve closure member (via 20).
Regarding claim 14: wherein the valve closure member has an open and a closed configuration to permit the passage of material therethrough or prevent the passage of material therethrough respectively (Fig. 1; via the movement of 20 between open/close configurations).
Regarding claim 15: wherein the male member is associated with the active door and the female member associated with the passive door, see for example the shown mechanisms in (Figs. 1-4; via doors shapes and links of 26/44).
Regarding claim 16: wherein the female member is associated with the active door and the male member associated with the passive door, see for example the shown mechanisms in (Figs. 1-4; via doors shapes and links of 26/44).
Regarding claim 17: wherein the male member has a polygonal cross section (Fig. 3; via the shape of 26/44).
Regarding claim 18: wherein the male member has a hexagonal cross section (Fig. 3; via the shape of 26/44).
Regarding claim 19: wherein the male member comprises a main body one end of which is connected to a door and the free end having at least a portion thereof moveable relative to the main body (Figs. 6-9; via 44 shows a man body moving in two opposite directions to get connected and link between 10 and 12).
Regarding claim 20: wherein the male member is moveable between a first configuration in which the main body and free end are aligned, a second configuration in which the main body and the free end are misaligned, (Figs. 6-9; via 44 shows a man body moving in two opposite directions to get connected and link between 10 and 12).
Regarding claim 21: wherein the male member is movable to a third configuration in which the main body and misaligned free end are both displaced from the first, aligned, configuration (Fig. 6; via 56 and 54 appears to move 44 in a further vertical direction).
Regarding claim 22: wherein the male member is moveable to unlock the door comprising the female member (inherently attachment device 14 with its doors lock/unlock to the 10 and 12 members).
Regarding claim 23: wherein the door comprising the female member comprises at least one locking member moveable between an extended configuration locking the door and a retracted configuration unlocking the door, see for example (Figs. 6-9; via the shown movement and locking/unlocking mechanism of 14 and 56; further; intended use limitations of the claimed “locking member” not given much patentable weight).
Regarding claims 2, 4-7, and 10; as rejected above under 112 (a) & (b) due to a confusion and unclarity of the claimed conduit comprising “a flexible hose”, yet the applied art of Brossard appears to be lacking any use of conduit with “flexible hose”.
The claimed subject matter needs to be clarified in record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731