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 .
Drawings
The drawings were received on February 3, 2024. These drawings are acceptable.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-3 and 4-25 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-24 of prior U.S. Patent No. 12,203,549 B1. This is a statutory double patenting rejection.
Current application
Patent No. US 12,203,549 B1
Claim 1: A method of sealing an access to a thermally insulated container containing a controlled gaseous composition, comprising: providing a hyperboloid polymeric tube which extends through a wall of the thermally insulated container, having granular insulated material positioned between the exterior of the polymeric tube and the adjacent portion of the wall; providing at least one item extending through the bore of the tube; and twisting the tube in a first direction to cause it to constrict around the item and provide a seal around the item; and, optionally, twisting the tube in the opposite direction to open the tube.
Claim 1: A method of sealing an access to a thermally insulated container containing a controlled gaseous composition, comprising: providing a hyperboloid polymeric tube which extends through a wall of the thermally insulated container, having granular insulated material positioned between the exterior of the polymeric tube and the adjacent portion of the wall; providing at least one item extending through the bore of the tube; and twisting the tube in a first direction to cause it to constrict around the item and provide a seal around the item; and, optionally, twisting the tube in the opposite direction to open the tube.
Claim 2: The method of claim 1 wherein the polymer is silicone.
Claim 2: The method of claim 1 wherein the polymer is silicone.
Claim 3: The method of claim 1 wherein the container is an incubator, refrigerator or freezer.
Claim 3: The method of claim 1 wherein the container is an incubator, refrigerator or freezer.
Claim 5: The method of claim 1 wherein the granular insulated material can flow in and out of a reservoir under the control of the relative degree of twisting of the tube.
Claim 4: The method of claim 1 wherein the granular insulated material can flow in and out of a reservoir under the control of the relative degree of twisting of the tube.
Claim 6: The method of claim 1 further including flanges at either end of the tube.
Claim 6: The method of claim 1 further including flanges at either end of the tube.
Claim 7: The method of claim 6 further including engaging the flanges or the tube to twist the tube.
Claim 7: The method of claim 6 further including engaging the flanges or the tube to twist the tube.
Claim 8: A method of sealing an access to a thermally insulated container containing a controlled gaseous composition, comprising: providing a hyperboloid polymeric tube which extends through a wall of the thermally insulated container, having granular insulated material positioned between the exterior of the polymeric tube and the adjacent portion of the wall; providing at least one item extending through the bore of the tube; and twisting the tube in a first direction to cause it to constrict around the item and provide a seal around the item; and, optionally, twisting the tube in the opposite direction, using gearing, chains, screws or a ratchet system, to open the tube.
Claim 20: A method of sealing an access to a thermally insulated container containing a controlled gaseous composition, comprising: providing a hyperboloid polymeric tube which extends through a wall of the thermally insulated container, having granular insulated material positioned between the exterior of the polymeric tube and the adjacent portion of the wall; providing at least one item extending through the bore of the tube; and twisting the tube in a first direction to cause it to constrict around the item and provide a seal around the item; and, optionally, twisting the tube in the opposite direction, using gearing, chains, screws or a ratchet system, to open the tube.
Claim 9: The method of claim 8 further including a digital system that controls selective closing or opening and of the tube by controlling the system that twists and untwists the tube.
Claim 21: The method of claim 20 further including a digital system that controls selective closing or opening and of the tube by controlling the system that twists and untwists the tube.
Claim 10: The method of claim 1 wherein the items are conduits.
Claim 8: The method of claim 1 wherein the items are conduits.
Claim 11: The method of claim 8 wherein the tube is opened to allow the addition, removal or repair of the conduits.
Claim 9: The method of claim 8 wherein the tube is opened to allow the addition, removal or repair of the conduits.
Claim 12: The method of claim 1 wherein the granular insulated material is expanded polystyrene beads.
Claim 10: The method of claim 1 wherein the granular insulated material is expanded polystyrene beads.
Claim 13: The method of claim 5 wherein the granular insulated material flows out of the reservoir when the tube is closed, and into the reservoir when the tube is opened.
Claim 5: The method of claim 4 wherein the granular insulated material flows out of the reservoir when the tube is closed, and into the reservoir when the tube is opened.
Claim 14: The method of claim 8 further including a lever or gearing system to assist in twisting the tube closed
Claim 22: The method of claim 20 further including a lever or gearing system to assist in twisting the tube closed
Claim 15: The method of claim 14 further including a motor, or pneumatic or hydraulic pressurizing device to drive the twisting of the tube.
Claim 23: The method of claim 22 further including a motor, or pneumatic or hydraulic pressurizing device to drive the twisting of the tube.
Claim 16: The method of claim 8 further including an autonomous digital control system that can initiate opening or closing of the tube in the event of a trigger, which includes: the venting or exchanging of a gaseous environment in the event of unintended excessive heat generation or loss, or gas leakage leading to excess addition of gases; detection of the beginning or end of an experimental protocol, where opening and or closing is part of the automated disconnection and connection of one or more conduits; and to access containers, tissue culture flasks or vessels within a thermally insulated environment with a controlled gaseous composition without fully opening the system, or to pass controlled gaseous compositions through the tube between thermally insulated environments.
Claim 24: The method of claim 20 further including an autonomous digital control system that can initiate opening or closing of the tube in the event of a trigger, which includes: the venting or exchanging of a gaseous environment in the event of unintended excessive heat generation or loss, or gas leakage leading to excess addition of gases; detection of the beginning or end of an experimental protocol, where opening and or closing is part of the automated disconnection and connection of one or more conduits; and to access containers, tissue culture flasks or vessels within a thermally insulated environment with a controlled gaseous composition without fully opening the system, or to pass controlled gaseous compositions through the tube between thermally insulated environments.
Claim 17: The method of claim 1 for inputting or removing cell culture reagents including cell culture media and waste products.
Claim 11: The method of claim 1 for inputting or removing cell culture reagents including cell culture media and waste products.
Claim 18: The method of claim 1 for gaseous exchange.
Claim 12: The method of claim 1 for gaseous exchange.
Claim 19: The method of claim 1 wherein the gases exchanged include CO2, O2, atmosphere and any other gas or gaseous medium.
Claim 13: The method of claim 1 wherein the gases exchanged include CO2, O2, atmosphere and any other gas or gaseous medium.
Claim 20: The method of claim 1 for the connection of two separate environments with heterogeneous controlled thermal and gaseous properties, including for venting an undesirable gaseous composition before resealing.
Claim 14: The method of claim 1 for the connection of two separate environments with heterogeneous controlled thermal and gaseous properties, including for venting an undesirable gaseous composition before resealing.
Claim 21: The method of claim 1 for providing a connection between sensors housed within a thermally sealed environment with a controlled gaseous composition.
Claim 15: The method of claim 1 for providing a connection between sensors housed within a thermally sealed environment with a controlled gaseous composition.
Claim 22: The method of claim 21 wherein the sensors are for logging, tracking or controlling sensing data housed outside of the container.
Claim 16: The method of claim 15 wherein the sensors are for logging, tracking or controlling sensing data housed outside of the container.
Claim 23: The method of claim 1 further including fluidic conduits that interface directly with vessels for use in production methods.
Claim 17: The method of claim 1 further including fluidic conduits that interface directly with vessels for use in production methods.
Claim 24: The method of claim 1 wherein an operator without fully opening the environment manipulates a vessel, sensor or other device located inside the container.
Claim 18: The method of claim 1 wherein an operator without fully opening the environment manipulates a vessel, sensor or other device located inside the container.
Claim 25: The method of claim 1 wherein an automated system such as a robotic arm manipulates a vessel, sensor or other device located inside the container.
Claim 19: The method of claim 1 wherein an automated system such as a robotic arm manipulates a vessel, sensor or other device located inside the container.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bodewadt et al (US 2015/0374383 A1) n implantable medical device includes a support structure which is twistable in a longitudinal direction of the device. A sleeve of filter or occluding material is attached to the ends of the structure. The structure in practice twists on itself in the longitudinal direction, causing the sleeve to twist on itself and as a result to close the lumen through the sleeve. The device provides reliable closure and as a result occlusion of a vessel. It is also able to be delivered over a guide wire. In another embodiment, the support structure includes a wire which coils around the sleeve to constrict the sleeve and as a result to close a lumen of the sleeve (See abstract and Figs. 1-2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY I FISHER whose telephone number is (469)295-9182. The examiner can normally be reached IFP.
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/BRITTANY I FISHER/Examiner, Art Unit 1796 June 13, 2026
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