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 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.
Claim(s) 10-12 and 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takemoto (US 2013/0076019), as disclosed in the May 1, 2024 IDS.
Regarding claim 10, Takemoto discloses a syringe adapter (see Figs. 2-8, par. 24) comprising: a housing 4 having a first end and a second end (see Fig. 2), the first end configured to be secured to a first container (see Fig. 2, par. 52, syringe); a cannula 54 having a first end and second end, the second end of the cannula positioned within the housing (see Fig. 2); a collet 7 having a first end and a second end, at least a portion of the collet received within the housing (see Fig. 2), the collet comprising a body defining a passageway (see Fig. 5, passageway of collet through which cannula travels), a seal member 61 received by the passageway (see Figs. 2-5), and an arcuate, resilient locking member 771, 77 connected to the body of the collet (see Fig. 3), the collet is movable from a first position where the locking member is open to receive a mating connector to a second position where radially outward movement of the locking member is restricted (see Figs. 3-5) wherein the seal member of the collet is sleeve-shaped (see Fig. 5) and configured to retract upon engagement with the mating connector (see Figs. 2, 5, par. 113).
Regarding claim 11, Takemoto discloses the locking member is connected to the body via a plurality of arms 77 (see Fig. 2, par. 99).
Regarding claim 12, Takemoto discloses the locking member is ring-shaped and defines an opening extending in a direction perpendicular to a longitudinal axis of the collet (see Fig. 10).
Regarding claim 14, Takemoto discloses the locking member protrudes radially inward and radially outward relative to the plurality of arms (see Fig. 3).
Regarding claim 15, Takemoto discloses the locking member is connected to the body via an extension portion of the body (see Fig. 3, body has a length that is extended) the extension portion of the body and the locking member defining a slit configured to permit the locking member to expand radially outward (see Figs. 2-5, connection between the body and locking member allows for a slit between the arms and surrounding circumferential portion of outer tube 4 through which arms radially expand, as shown in Fig. 4).
Claim Rejections - 35 USC § 103
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 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takemoto in view of Kramer (US 2016/0000653).
Regarding claim 13, Takemoto discloses the limitations of claim 11 but does not specifically teach the locking member is a continuous ring having a plurality of notches configured to permit the locking member to expand radially outward.
Kramer discloses a transfer set with a locking ring in the form of a continuous ring with webs/notches 256 connecting adjacent arms 252, 254 (see Figs. 5-6) configured to permit the locking member to expand radially outwardly (see par. 84-85). It would have been obvious before the effective filing date of the claimed invention to have the locking member include the webs/notches such as those disclosed by Kramer, which would help align/support the arms during repeated use and predictably result in the required latching attachment to the mating connector.
Allowable Subject Matter
Claims 1-9 are allowable.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art is Takemoto, which discloses a syringe adapter (see Figs. 2-8, par. 24) comprising: a housing 4 having a first end and a second end (see Fig. 2), the first end configured to be secured to a first container (see Fig. 2, par. 52, syringe); a cannula 54 having a first end and second end, the second end of the cannula positioned within the housing (see Fig. 2); a collet 7 having a first end and a second end, at least a portion of the collet received within the housing (see Fig. 2), the collet comprising a body defining a passageway (see Fig. 5, passageway of collet through which cannula travels), a seal member 61 received by the passageway (see Figs. 2-5), and an arcuate, resilient locking member 771, 77 connected to the body of the collet (see Fig. 3), the collet is movable from a first position where the locking member is open to receive a mating connector to a second position where radially outward movement of the locking member is restricted (see Figs. 3-5), wherein the collet comprises at least one resilient button interface portion (see Figs. 3-5 portion interfacing with button 76 of the collet), the at least one resilient button interface portion configured to lock the collet to the housing when the collet is in the second position (see Figs. 2-5). Takemoto does not disclose the housing comprises at least one button, the at least one button configured to be pressed to allow the collet to move from the second position to the first position, as Takemoto discloses the housing comprising an opening in which the button of the collet pokes through in order to move the button to then move positions of the collet (see par. 92-94). Furthermore, one of ordinary skill in the art would not place the button on the housing, as it would not allow for the direct movement required of the collet via the button from Figure 7 to Figure 9. Additionally, Elstrom et al. (US 2009/0069783), disclosed by applicant in the May 1, 2024 IDS, discloses a syringe adapter (see Figs. 1-3, 5-7) comprising a housing 104, 103, 102, a cannula 105, collet 101, locking member 136, and button 135 but also fails to disclose the housing comprising the button, as the button of Elstrom is part of the collet that is moved via an opening of the housing (see Figs. 1-2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIANA ZIMBOUSKI whose telephone number is (303)297-4665. The examiner can normally be reached 8:30 - 5:00 PST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, REBECCA E EISENBERG can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARIANA ZIMBOUSKI/ Primary Examiner, Art Unit 3781