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
Applicant’s election without traverse of Group I in the Telephonic Restriction and Election Summary conducted on February 10, 2026 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group/Invention, there being no allowable generic or linking claim. Election was made without traverse in the telephone interview conducted on February 10, 2026.
Claim Objections
Claim 10 is objected to because of the following informalities: in line 2 the word “are” should be deleted for the claim to read more clearly. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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) 1, 2, 4, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by European Patent No. EP 1615014 to Magyar.
Regarding Claim 1, Magyar discloses an extraction system 1 (see Figures 1 and 2) having all the features of the instant invention including: a main body 10 having a longitudinal axis (see Figure 1 and the longitudinal axis along conduit 23), a first body end (see Figure 1 and the end of element 10 nearest element 16), and a second body end (see Figure 1 and the end of portion 10 nearest element 20) opposite and spaced apart along the longitudinal axis from the first body end (see Figure 1), wherein the first body end (i.e., the end of element 10 nearest element 16) includes a collar coupler 16 for coupling the main body 10 to a pierceable portion 4 of a container 2 defining a container chamber 3 (see page 4 of the examiner provided translation, first and fourth paragraphs), the first body end defining a first channel 17 extending along the longitudinal axis toward the second body end (i.e., the end of portion 10 nearest element 20) such that the first channel 17 is in fluid communication with the pierceable portion 4 when the container 2 is coupled to the coupler 16 (see page 4 of the examiner provided translation, second full paragraph), wherein the second body end defines a second channel (see Figure 1 and the central channel of duct 10 in which orifices 21 and 22 open into) extending along the longitudinal axis toward the first body end such that the second channel is in fluid communication with the first channel 17 (see page 4 of the examiner provided translation, first and second paragraphs), and a piston 20 having a first piston end (see Figure 1 and the end of element 20 nearest elements 21 and 22) and a second piston end (see Figure 1 and the end of element 20 nearest element 15) opposite and spaced from the first piston end (see Figure 1), the piston 20 defining a piston channel 23 extending from the first piston end to the second piston end (see Figure 1), the piston 20 including a hollow needle 31,32 extending from the first piston end and in fluid communication with the piston channel 23 (through orifices 21 and 22), wherein the piston 20 is slidably disposable within the second channel (i.e., the central channel of element 10) such that, when the piston 20 slides through the second channel toward the first body end, the hollow needle 31,32 of the piston 20 extends through the first channel 17 to pierce the pierceable portion 4 of the container 2 such that the container chamber 3 of the container 2 is in fluid communication with the second body end through the hollow needle 31,32, the piston channel 23, and the second channel (see page 3 of the translation, fifth-eleventh paragraphs and page 4 of the translation, first-nineth paragraphs).
Regarding Claim 2, Magyar further discloses that the main body 10 is oriented such that the longitudinal axis is parallel to a gravitational axis and the first body end (i.e., the end of element 10 nearest element 16) is below the second body end (i.e., the end of element 10 nearest element 20), the piston 20 is slidable through the second channel (i.e., the central channel of element 10 in which orifices 21 and 22 open into) toward the first body end by gravity (see Figure 1).
Regarding Claim 4, Magyar further discloses a containment vessel (see Figure 1 and the lower containment portion surrounding container 2), the containment vessel comprising an opening configured to couple to the main body 10 (see Figure 1 and page 4 of the examiner provided translation, fourth and fifth paragraphs).
Regarding Claim 10, Magyar further discloses that the collar coupler 16 includes two collar portions (see Figure 1 and the ends of element 16) movable radially inwardly to contact a portion of the container 2 (see Figure 1).
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, 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.
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over European Patent No. EP 1615014 to Magyar.
Regarding Claim 3, Magyar discloses most all the features of the instant invention and further including that the pierceable portion 4 of the container 2 is a cap (see Figure 1).
However, Magyar does not disclose that the cap is a foil cap.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the cap of Magyar to be a foil cap as a matter of design preference dependent upon the desired material and overall desired strength of the pierceable portion itself.
Allowable Subject Matter
Claims 5-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
PG Publication No. 2009/0038419 to Hiller et al., U.S. Patent No. 8,609,024 to Ronsick et al., PG Publication No. 2014/0083565 to Kressirer et al., PG Publication No. 2015/0276780 to Bremer et al., PG Publication No. 2016/0324507 to Herget et al., U.S. Patent No. 10,670,746 to Hill, and European Patent No. EP 0357998 to Mente all disclose extraction systems similar to applicant’s.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA RODRIGUEZ whose telephone number is (571)272-7122. The examiner can normally be reached Monday - Thursday 7 AM - 5 PM.
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PAMELA RODRIGUEZ
Primary Examiner
Art Unit 3616
/PAMELA RODRIGUEZ/ Primary Examiner, Art Unit 3616 03/02/26