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
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, 3-10, 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vinci et al. (US 2010/0300945 A1).
With regard to claim 1, Vinci discloses A leakage connector (formed by 103, 109,113a, 112, 113b shown in Fig. 5) comprising a leakage connector adapter (103/109/113a, 112, 113b) formed and configured for attachment to an opening of a leakage collecting device (111) of a dialysis machine (100, [0054]), the leakage connector having a main body (formed by all the elements of the adapter as listed above) with a leakage inlet (113a) and a leakage outlet (113b) interconnected with the leakage inlet via a channel (112) formed in or on the main body, the leakage inlet being formed in a mounting/contact plate (103/109) forming a contact surface (109) and comprising a seal ([0022], 110 is sealed to the wall) that is fixed to the main body (the contact surface 110 is fixed the main body) and on the contact surface and surrounds the leakage inlet (113a).
With regard to claim 3, Vinci discloses wherein the leakage outlet (113b) is formed by or on a sleeve that is formed integrally with the main body (113b is a tubing piece that can be considered a sleeve).
With regard to claim 4, Vinci discloses wherein the seal (at 110, [0022]) is partially or completely surrounded by the contact surface (109).
With regard to claim 5, Vinci discloses wherein the channel (112) is inclined or slanted with respect to the contact surface (see Fig. 5, showing the channel 112 that is inclined from 113a to 113b).
With regard to claim 6, Vinci discloses wherein the channel (112) comprises a bending or angulation (112 is angled upwards).
With regard to claim 7, Vinci discloses A leakage construction for or of a dialysis machine (Fig. 1 and 5) comprising: a leakage connector according to claim 1 (see rejection above); and a leakage collecting device 111) comprising an opening (at 114), the leakage connector being attached to the opening in a sealing manner via a retaining device ([0068]).
With regard to claim 8, Vinci discloses wherein the leakage collecting device (111) comprises a land having an edge (where 112 is pointing in fig. 6 or where 114 is located) inserted between a first land contact and a second land contact of the main body (Fig. 6 shows element 109 being a ribbed structure and each of the ribs c can be considered a first or second land. The term land may need to be further defined in order to overcome the current rejection).
With regard to claim 9, Vinci discloses wherein the land has a recess (113 is inserted into 114) into which the main body is inserted in portions ([0068]).
With regard to claim 10, Vinci discloses wherein the recess and/or the main body has/have at least one insertion chamfer (main body of the leakage adapter as shown in Fig. 3 which includes a box portion right at 103, has a well portion that holds element 109 and this well portion can be considered chamfered).
With regard to claim 12, Vinci discloses wherein the leakage collecting device is formed by a filter box (111) of the dialysis machine (100), and wherein the land is flat and integrally formed with a bottom or bottom portion of the filter box (114 is formed at the bottom of 111).
With regard to claim 13, Vinci discloses A dialysis machine (Fig. 1) comprising: a leakage construction having: a leakage connector according to claim 1 (see rejection above); and a leakage collecting device (111, shown in Fig. 5) comprising an opening (where 111 connects with 114), the leakage connector being attached to the opening (at 114) in a sealing manner via a retaining device (114, [0068]); and a leakage detector (108) connected to the leakage construction.
With regard to claim 14, Vinci disclose wherein: the opening is arranged at a lowest point of the leakage collecting device (where 114 connects to 111 is at the bottom of the container 111), the leakage outlet (113b) of the leakage adapter is arranged below the leakage inlet (113a) of the leakage adapter, the leakage detector (108) is arranged below the leakage outlet, and the leakage detector is connected to the leakage adapter via a monotonically descending hose (see fig. 6).
With regard to claim 15, Vinci discloses wherein: the opening (where 114 and 111 meet) is arranged at a lowest point of the leakage collecting device (see Fig.5), the leakage outlet (113b) of the leakage adapter is arranged below the leakage inlet (113a) of the leakage adapter, the leakage detector (108) is arranged below the leakage outlet (see Fig.6), and the leakage detector is arranged below an exit of a monotonically descending hose (see Fig. 6).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vinci et al. (US 2010/0300945 A1) in view of Bayard et al. (US 4,366,816).
With regard to claim 2, Vinci discloses the seal except for the PU seal.
Bayard teaches that a sealing member for a medical device can be a PU foam (Col 5, lines 55 to Col 6, line 13).
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the seal of Vinci with the PU foam as taught by Bayard because the substitution of one seal material for another is well-known in the art and does not alter the overall function of the device (Col 5, line 55 to Col 6, line 13).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vinci et al. (US 2010/0300945 A1) in view of Trocki et al. (US 2001/0047153 A1).
With regard to claim 11, Vinci discloses the claimed invention except for screws.
Trocki teaches connecting a medical component to a housing and further uses screws to secure the connection ([0376]). Thus screws can be used with the retaining device of Vinci to secure the attachment.
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the seal of Vinci with the screws as taught by Trocki for the purpose of connecting the medical connector ([0376]).
Conclusion
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/Lauren P Farrar/Primary Examiner, Art Unit 3783