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 .
Election/Restrictions
Claims 9-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/29/26.
Claim Objections
Claims 12-20 are objected to because of the following informalities:
As to claim 12, “wherein the plunger and the barrel cooperatively defining a syringe volume” in lines 4-5 is grammatically incorrect and should likely read “wherein the plunger and the barrel cooperatively define a syringe volume”.
Dependent claims inherit the deficiencies of the claims from which they depend.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 1-8, 18 and 20 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.
Claim 1 introduces “A syringe adapter for coupling with a syringe…” in the preamble, “an adapter body defining a fluid channel in fluid communication with the syringe” in line 3, “a vent channel in fluid communication with the syringe” in lines 4-5, and “a syringe portion configured to be coupled to the syringe” in line 7. The claim thus flip-flops between positively and non-positively referring to the syringe. It is unclear if applicant intends to claim the adapter in some intermediate state of being partially coupled with the syringe (if this is even possible). Assuming this is not the case, the examiner recommends making the language consistent as to whether the adapter is coupled to the syringe or is in a non-coupled state but configured to be coupled to the syringe. The examiner further notes that claim 7 and claim 8 non-positively refer to the syringe.
Claim 18 recites “a cannula extending into the vent channel and configured to extend into the syringe” which is unclear because it recites the syringe in a non-positive state and as the examiner best understands, when the syringe is coupled with the syringe adapter (which is required in claim 12), then the cannula would be extended into the syringe and is therefore no longer in a state of being configured to extend into the syringe.
Claim 20 recites “wherein the syringe comprises a syringe luer connector configured to couple to the adapter luer connector” which is unclear because it implies the syringe is not coupled to the adapter luer connector, which is contrary to claim 12.
Dependent claims inherit the deficiencies of the claims from which they depend.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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.
(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, 5-8, 12 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greenland (US 4,576,594).
As to claim 1, Greenland discloses a syringe adapter (32, 34; see Figs. 1-4) for coupling with a syringe (12), the syringe adapter comprising:
an adapter body (32) defining a fluid channel (22) in fluid communication with the syringe and configured to permit medical fluid flow from the syringe through the syringe adapter (see para beginning line 21 col. 3) and a vent channel (24) in fluid communication with the syringe and configured to permit air flow into the syringe (see para beginning line 41 col. 3);
a coupling portion (34) defining an adapter portion (lower, enlarged portion) configured to be coupled to the adapter body and a syringe portion (upper portion that includes ears 36) configured to be coupled to the syringe (see para beginning line 53 col. 3); and
a bulb (10) coupled to the adapter body and defining a bulb volume, wherein the bulb volume is in fluid communication with the fluid channel and is movable between a collapsed configuration configured to displace air from the bulb volume and the fluid channel and an expanded configuration configured to draw medical fluid from the syringe into the fluid channel and bulb volume (see paragraph beginning line 5 col. 3; the chamber 10 is capable of being squeezed and thus capable of fulfilling the claimed functional limitations inasmuch as the instantly-described bulb).
As to claim 5, Greenland discloses the syringe adapter of Claim 1, further comprising a check valve (44) in fluid communication with the vent channel, wherein the check valve is configured to permit air flow into the syringe and prevent medial fluid flow out of the vent channel (para beginning line 41 col. 3).
As to claim 6, Greenland discloses the syringe adapter of Claim 5, wherein the check valve comprises a ball mechanism (Figs. 2, 4, para beginning line 41 col. 3).
As to claim 7, Greenland discloses the syringe adapter of Claim 1, further comprising a cannula (20) extending into the vent channel and configured to extend into the syringe, wherein a cannula lumen of the cannula is in fluid communication with the vent channel (Figs. 2-4, paragraphs beginning line 28 col. 3 and line 67 col. 3).
As to claim 8, Greenland discloses the syringe adapter of Claim 1, wherein the syringe portion of the coupling portion defines a luer connector configured to couple with the syringe (para beginning line 53 col. 3).
As to claim 12, Greenland discloses an intravenous (IV) set (see Figs. 1-4), comprising:
a syringe (12) comprising:
a barrel (not numbered, but seen in Fig. 1); and
a plunger (42) movably disposed in the barrel, wherein the plunger and the barrel cooperatively defining a syringe volume (interior of 12; see Fig. 1); and
a syringe adapter (32, 34) comprising:
an adapter body (32) defining a fluid channel (22) in fluid communication with the syringe volume and configured to permit medical fluid flow from the syringe volume through the syringe adapter (see para beginning line 21 col. 3) and a vent channel (24) in fluid communication with the syringe volume and configured to permit air flow into the syringe volume (see para beginning line 41 col. 3);
a coupling portion (34) defining an adapter portion (lower, enlarged portion) coupled to the adapter body and a syringe portion (upper portion that includes ears 36) coupled to the syringe (see Figs. 1-2 and para beginning line 53 col. 3); and
a bulb (10) coupled to the adapter body and defining a bulb volume, wherein the bulb volume is in fluid communication with the fluid channel and the syringe volume and is movable between a collapsed configuration configured to displace air from the bulb volume and the fluid channel and an expanded configuration configured to draw medical fluid from the syringe volume into the fluid channel and bulb volume (see paragraph beginning line 5 col. 3; the chamber 10 is capable of being squeezed and thus capable of fulfilling the claimed functional limitations inasmuch as the instantly-described bulb).
As to claim 16, Greenland discloses the IV set of Claim 12, further comprising a check valve (44) in fluid communication with the vent channel, wherein the check valve is configured to permit air flow into the syringe volume and prevent medial fluid flow out of the vent channel (para beginning line 41 col. 3).
As to claim 17, Greenland discloses the IV set of Claim 16, wherein the check valve comprises a ball mechanism (Figs. 2, 4, para beginning line 41 col. 3).
As to claim 18, Greenland discloses the IV set of Claim 12, further comprising a cannula (20) extending into the vent channel and configured to extend into the syringe, wherein a cannula lumen of the cannula is in fluid communication with the vent channel (Figs. 2-4, paragraphs beginning line 28 col. 3 and line 67 col. 3).
As to claim 19, Greenland discloses the IV set of Claim 12, wherein the syringe portion of the coupling portion defines an adapter luer connector (para beginning line 53 col. 3).
As to claim 20, Greenland discloses the IV set of Claim 19, wherein the syringe comprises a syringe luer connector configured to couple to the adapter luer connector (para beginning line 53 col. 3).
Claim Rejections - 35 USC § 103
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 of this title, 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) 2-4 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greenland in view of Burke (US 3,316,908).
As to claims 2-4, Greenland discloses the syringe adapter of claim 1 as described above, but is silent to wherein the adapter body further defines a spike portion extending from the adapter body, wherein the fluid channel and the vent channel extend through the spike portion of the adapter body, and wherein the adapter portion of the coupling portion is configured to be coupled to the spike portion of the adapter body.
Burke discloses an adapter body (20) that defines a spike portion (portion above shoulder portion 28; as seen in Figs. 3-4) extending from the adapter body (20), wherein the fluid channel (36) and the vent channel (40) extend through the spike portion of the adapter body (Figs. 3, 4), and wherein the adapter portion of the coupling portion is configured to be coupled to the spike portion of the adapter body (see para beginning line 48 col. 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Greenland in view of Burke such that the adapter body further defines a spike portion extending from the adapter body, wherein the fluid channel and the vent channel extend through the spike portion of the adapter body, and wherein the adapter portion of the coupling portion is configured to be coupled to the spike portion of the adapter body. One would have been motivated to do so in order to allow the adapter body to be inserted in the hole of an intravenous or blood bottle if desired (see para beginning line 21 col. 5 of Burke).
As to claims 13-15, Greenland disclose the IV set of Claim 12 as described above, but is silent to wherein the adapter body further defines a spike portion extending from the adapter body, wherein the fluid channel and the vent channel extend through the spike portion of the adapter body, and wherein the adapter portion of the coupling portion is configured to be coupled to the spike portion of the adapter body.
Burke discloses an adapter body (20) that defines a spike portion (portion above shoulder portion 28; as seen in Figs. 3-4) extending from the adapter body (20), wherein the fluid channel (36) and the vent channel (40) extend through the spike portion of the adapter body (Figs. 3, 4), and wherein the adapter portion of the coupling portion is configured to be coupled to the spike portion of the adapter body (see para beginning line 48 col. 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Greenland in view of Burke such that the adapter body further defines a spike portion extending from the adapter body, wherein the fluid channel and the vent channel extend through the spike portion of the adapter body, and wherein the adapter portion of the coupling portion is configured to be coupled to the spike portion of the adapter body. One would have been motivated to do so in order to allow the adapter body to be inserted in the hole of an intravenous or blood bottle if desired (see para beginning line 21 col. 5 of Burke).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James D Ponton whose telephone number is (571)272-1001. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at 571-270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James D Ponton/Primary Examiner, Art Unit 3783
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