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 .
Status of Claims
Claims 1-20 are currently pending. Claims 1-2, 4-7, and 9 are currently amended. Claims 15-20 are newly added. No new subject matter is added.
Response to Arguments
Applicant’s arguments with respect to Claims 1, 4, and 9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claims 1, 4, and 9 are now rejected under 103 in view of Kraft et al. (US 8657341 B2).
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.
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.
Claims 1-6 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sasso (US 20020127150 A1) in view of Kraft et al. (US 8657341 B2), hereinafter referred to as “Kraft”.
Regarding Claim 1, Sasso teaches an adapter device for coupling with medical vials of different sizes (an adapter 20 for mounting on drug vial of various sizes 10A-B, see Abstract; Paragraph [0017]), the adapter device comprising:
a housing (housing an adaptor 20, see Figures 1-4) with a center longitudinal axis (central longitudinal axis 26) oriented in an axial direction and an inner surface (see Figures 1-2);
a plurality of first latching portions (cam surfaces 74) that are each arranged on the inner surface (see Figure 4) and configured for latching with a first closing cover of a vial of a first size (in order to facilitate the passage of the cap 18 of the small vial 10A through the second discontinuous circular ledge formed by the projections 66, 68 and 70 to mount the adaptor on the small vial 10A, the underside of each of those ledges is in the form of a cam surface 74 to facilitate the mounting of the adaptor 20 onto that vial, see Paragraph [0033]; Figures 4 and 6); and
a plurality of second latching portions (cam surfaces 62) that are each arranged on the inner surface and configured for latching with a second closing cover of a vial of a second size (in order to facilitate the passage of the cap 18 through the first discontinuous circular ledge formed by projections 56, 58 and 60 to mount the adaptor on the large vial 10B, the underside of each of those ledges is in the form of a cam surface 62, see Paragraph [0028]; Figure 4 and 7), the second size being greater than the first size,
the housing comprising:
a base (circular top wall 22),
a plurality of web portions that are offset to one another in a circumferential direction of the housing and each extend axially from the base (side walls between slits 44 and 46, between 48 and 50, between 52 and 42 extending from wall 22, see Figure 4), and spring arm portions that are spring-elastic (resiliently mounted projections 66, 68 and 70; these projection are resiliently mounted on the sidewall to enable the cap of the first vial to pass between the projections and then return to a position wherein the ledge has inside diameter, see Paragraph [0008]) and extend between the web portions and on which at least the first latching portions are arranged (which cam surfaces 74 are form, see Figure 4),
the housing being elastically deformable under axial action of the second closing cover (the resilient mounting of the projections also enables the cap of the second vial to pass between the projections and then return to a position wherein the ledge has an inside diameter just slightly less than the outside diameter of the rim of the second vial, see Paragraph [0008]), and
the housing being elastically deformable starting from an undeformed state (resting state before use), to a first deformation state, in which the spring arm portions are arranged relative to the center longitudinal axis with the first latching portions at a first diameter about the center longitudinal axis for latching with the first closing cover (projections 66, 68, and 70 are resiliently mounted on the sidewall to enable the cap of the first vial to pass between the projections and then return to a position wherein the ledge has inside diameter, see Paragraph [0008]; see Figure 4), and into a second deformation state, in which the spring arm portions are spring-elastically shifted radially outwardly relative to the center longitudinal axis to allow a latching connection between the second latching portions and the second closing cover (projections 56, 58, and 60 are resiliently mounted on the sidewall to enable the cap of the second vial to pass between the projections and then return to a position wherein the ledge has inside diameter, see Paragraph [0008]).
However, Sasso does not explicitly disclose wherein radial outward shifting of the spring arm portions generates a tensile force to spring-elastically shift the web portions radially inward relative to the center longitudinal axis.
Kraft teaches an adapter device for coupling with medical vials of different sizes (a connecting element for establishing a frictional connection with a neck portion of a liquid container, like a vial, see Abstract) comprising: a housing (1), a plurality of first latching portions (contact surfaces 3 for a smaller vial), a plurality of second latching portions (contact surface 3 for a larger vial), a plurality of web portions that are offset to one another in a circumferential direction of the housing and each extend axially from the base (web 9); spring arm portions (contacting elements 2), and wherein radial outward shifting of the spring arm portions generates a tensile force to spring-elastically shift the web portions radially inward relative to the center longitudinal axis (under an elastic deformation of this contact element 2 between its two ends, can be moved apart from the contact surfaces 3 of the other contact elements 2 against reset forces generated by the deformation of this contact element 2; and due to the design of the contact elements 2 that makes use of a compound/curved beam design which has a highly non-linear force-displacement relationship, the reset forces and thus the contact forces between the neck portion and the contact surfaces 3, which generate the frictional connection, are substantially similar for both neck portion diameters, resulting in substantially similar frictional connecting forces for both neck portion diameters, see Col. 6 ln 6-29).
Sasso and Kraft are analogous art because both disclose an adapter device for coupling with medical vials of different sizes.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the spring arm portions of Sasso and replace them with the spring arm portions wherein radial outward shifting of the spring arm portions generates a tensile force to spring-elastically shift the web portions radially inward relative to the center longitudinal axis, as taught by Kraft. Kraft teaches it is beneficial for allowing for receipt of the neck portion of a standard vial having a diameter of about 14 mm as well as the neck portion of a pen-cartridge having a diameter of about 7 mm within the receiving space, see Col. 6 ln 18-21).
Regarding Claim 2, Sasso and Kraft teaches all of the limitations as discussed above in claim 1 and Sasso further teaches wherein at least in the first deformation state, the housing, viewed in a direction oriented along the center longitudinal axis, has a plurality of radially inward bulges offset to one another in the circumferential direction (inward bulges of projections 66, 68 and 70, see Figures 2 and 4), wherein the radially inward bulges are each formed by a radially inwardly curved wall portion of the spring arm portions as compared to the undeformed state (see Figures 2 and 4) and are less pronounced in the second deformation state (projections 66, 68 and 70 are not in use when the larger vial 10B is secured, see Figure 7).
Regarding Claim 3, Sasso and Kraft teaches all of the limitations as discussed above in claim 2 and Sasso further teaches wherein the first latching portions are each arranged on one of the radially inwardly curved wall portions and/or at an apex point of the radially inward bulges (cam surface 74 are arranged on the undersurface of projections 66, 68 and 70, see Figure 2).
Regarding Claim 4, Sasso and Kraft teaches all of the limitations as discussed above in claim 1 and Sasso further teaches wherein the housing, viewed in a radial direction (see Figure 6), has a plurality of axially inward bulges offset to one another in the circumferential direction and configured for allowing simplified insertion of the respective closing cover (see Figure 6; Paragraph [0008]), wherein the axially inward bulges are each formed by an axially inwardly curved portion of the upper edge of the spring arm portions (cam top surface 76, see Figure 2 and 6). Kraft further teaches wherein each of the spring arm portions (2) extends in the axial direction from a lower edge facing the base to an upper edge facing away from the base (connecting elements 2 extend from a lower edge to a lower edge of structure 1, see Figure 1a).
Regarding Claim 5, Sasso and Kraft teaches all of the limitations as discussed above in claim 1 and Sasso further teaches wherein, in the second deformation state, the second latching portions are moved closer together in the radial direction and/or in the circumferential direction of the housing relative to the undeformed state (in the second deformation state, continued pressure will also cause those portions of the sidewall mounting the ledges 56, 58 and 60 to flex outwardly by a sufficient distance so that the cap clears them, whereupon those portions of the sidewall will immediately snap-back into place to seat the adaptor on the cap of the vial, see Paragraph [0035]; in the undeformed state, there is no movements of the second latching portion)
Regarding Claim 6, Sasso and Kraft teaches all of the limitations as discussed above in claim 1 and Kraft further teaches wherein each web portion (9) extends in the axial direction form a respective first end at the base to a respective free end spaced from the base (web portions 9 extend from a first end to a second end of structure 1, see Figure 1a), wherein each spring arm (2) portion extends between and connects an adjacent pair of web portions at a location spaced in the axial direction form the base to form a closed circumferential ring (see Figure 1a and 1b).
Regarding Claim 11, Sasso and Kraft teaches all of the limitations as discussed above in claim 1 and Kraft further teaches wherein the housing has three web portions that are offset to one another by 120° around the center longitudinal axis (see Figure 1b).
Regarding Claim 12, Sasso and Kraft teaches all of the limitations as discussed above in claim 1 and Kraft further teaches the housing has three spring arm portions that are offset to one another by 120° around the center longitudinal axis (connecting elements 2 offset at 120 degrees, see Figure 1b).
Regarding Claim 13, Sasso and Kraft teaches all of the limitations as discussed above in claim 1 and Sasso further teaches wherein the first latching portions and the second latching portions are positioned differently in the axial direction of the housing so as to match different axial dimensions of the closing covers (projections 66, 68, and 70 are positioned axially different from projections 56, 58 and 60, see Figures 2 and 4).
Regarding Claim 14, Sasso and Kraft teaches all of the limitations as discussed above in claim 1 and Sasso further teaches wherein the housing is made as one piece from a plastic material (the adaptor is preferably an integral or one-piece member molded of the heretofore identified plastic, see Paragraph [0021]).
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Sasso and Kraft, as applied in claim 6 above, and in further view of Whelan et al. (WO 2015021499 A1), hereinafter referred to as “Whelan”.
Regarding Claim 7, Sasso and Kraft teaches all of the limitations as discussed above in claim 6. However, Sasso and Kraft do not explicitly disclose wherein, in the second deformation state, the web portions with the second latching portions arranged thereon are each bent inward in the radial direction relative to the first deformation state.
Whelan teaches an adapter device (sampling port 10) having a generally tubular body (12) defined by a wall (18) arranged about an axis (42) which defines a space (21) for a sampling vial (72, 102), like a vial (see Abstract), wherein the wall (18) is expandable radially in at least the waisted region (60) to accommodate different sized sampling vials (72, 102); having a plurality of first latching portions (wall members 40 having sloping waisted portions 62, see Figure 5-6) that are each arranged on the inner circumference and configured for latching with a first closing cover of a vial of a first size (latching to a smaller vial 72, see Figures 5-6); wherein, in the second deformation state (Figures 9-10), the web portions (wall members 40) with the second latching portions (each wall member is attached to a ring member 44 at the open end, see Figure 1) arranged thereon are each bent inward in the radial direction relative to the first deformation state (ring members are bent inwards, see Figure 1 and 6).
Sasso, Kraft, and Whelan are analogous art because both teach and adaptor that can accommodate different diameter sampling bottles and/or vials.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the second latching portions of Modified Sasso and replace them with the ring members arranged thereon are each bent inward in the radial direction relative to the first deformation state, as taught by Whelan. Whelan teaches accommodation of "small" vials is achieved by elastic flexing of the waisted portion of the wall members, accommodation of "large" vials is achieved by gross movement of the wall members. It will be appreciated that forming the body of a more elastic material may allow the wall of the tubular body to expand elastically to accommodate "large" vials (see Col. 11 ln 24-27; Col. 12 ln 1-2).
Regarding Claim 8, Sasso and Kraft teach all of the limitations as discussed above in claim 1. However, Sasso and Kraft do not explicitly disclose wherein the second latching portions are each arranged on one of the spring arm portions.
Whelan teaches an adapter device (sampling port 10) having a generally tubular body (12) defined by a wall (18) arranged about an axis (42) which defines a space (21) for a sampling vial (72, 102), like a vial (see Abstract), wherein the wall (18) is expandable radially in at least the waisted region (60) to accommodate different sized sampling vials (72, 102); having a plurality of first latching portions (wall members 40 having sloping waisted portions 62, see Figure 5-6) that are each arranged on the inner circumference and configured for latching with a first closing cover of a vial of a first size (latching to a smaller vial 72, see Figures 5-6); wherein the second latching portions (each wall member is attached to a ring member 44 at the open end, see Figure 1) are each arranged on one of the spring arm portions (arranged on the wall members 40).
Sasso, Kraft, and Whelan are analogous art because both teach and adaptor that can accommodate different diameter sampling bottles and/or vials.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the second latching portions of Modified Sasso and replace them with the ring members each arranged on one of the spring arm portions, as taught by Whelan. Whelan teaches accommodation of "small" vials is achieved by elastic flexing of the waisted portion of the wall members, accommodation of "large" vials is achieved by gross movement of the wall members. It will be appreciated that forming the body of a more elastic material may allow the wall of the tubular body to expand elastically to accommodate "large" vials (see Col. 11 ln 24-27; Col. 12 ln 1-2).
Regarding Claim 9, Modified Sasso teach all of the limitations as discussed above claim 8 and Whelan further teaches wherein, in the first deformation state (accommodating the small vial 72, see Figure 6), the second latching portions are oriented pointing away from the center longitudinal axis (ring member 44 having curve portions 48 pointing away from the center axis, see Figure 1) to allow a latching connection between the first latching portions and the first closing cover (wall members 40 having sloping waisted portions 62 latching to a smaller vial 72, see Figure 5-6), and wherein in the second deformation state (accommodating the large vial 102, see Figures 7-10), the second latching portions with the spring arm portions are shifted radially outward and are oriented pointing towards the center longitudinal axis for latching to the second closing cover (ring member 44 straightened relative to the end portions to accommodate the bottle body, see Figure 10; Col. 10 ln 7-11).
Regarding Claim 10, Modified Sasso teach all of the limitations as discussed above claim 8 and Whelan further teaches wherein the second latching portions (ring member 44) are arranged in pairs on one of the spring arm portions and on both sides of the first latching portion (each wall member 40 is attached to a ring member 44 at the open end; the ring member extends around the open end and preferably is attached to each wall member at connection points 46. see Figure 4; see Col. 7 ln 20-26).
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sasso (US 20020127150 A1) in view of Whelan (WO 2015021499 A1).
Regarding Claim 15, Sasso teaches an adapter device for coupling with medical vials of different sizes (an adapter 20 for mounting on drug vial of various sizes 10A-B, see Abstract; Paragraph [0017]), the adapter device comprising:
a housing (housing an adaptor 20, see Figures 1-4) with a center longitudinal axis (central longitudinal axis 26) oriented in an axial direction and an inner surface facing the center longitudinal axis (see Figures 1-2), the housing comprising:
a plurality of web portions extending axially along the center longitudinal axis and spaced apart around the center longitudinal axis to be offset to one another in a circumferential direction of the housing (side walls between slits 44 and 46, between 48 and 50, between 52 and 42 extending from wall 22, see Figure 4), and
a plurality of spring arm portions (resiliently mounted projections 66, 68 and 70; these projection are resiliently mounted on the sidewall to enable the cap of the first vial to pass between the projections and then return to a position wherein the ledge has inside diameter, see Paragraph [0008]), each spring arm portion being attached to and extending between an adjacent pair of the web portions (which cam surfaces 74 are form, see Figure 4);
a plurality of first latching portions (cam surfaces 74) that are each arranged on and extend radially towards the center longitudinal axis from a respective one of the spring arm portions (see Figure 4); and
a plurality of second latching portions (cam surfaces 62) that are each arranged on and extend radially towards the center longitudinal axis from the inner surface (see Figures 2 and 4);
wherein the housing is deformable, starting from an undeformed state (resting state before use), to a first deformation state, in which the spring arm portions are arranged relative to the center longitudinal axis with the first latching portions at a first diameter about the center longitudinal axis (projections 66, 68, and 70 are resiliently mounted on the sidewall to enable the cap of the first vial to pass between the projections and then return to a position wherein the ledge has inside diameter, see Paragraph [0008]; see Figure 4), and into a second deformation state, in which the spring arm portions are spring-elastically shifted radially outwardly relative to the center longitudinal axis and the second latching portions are at a second diameter about the center longitudinal axis, the second diameter being greater than the first diameter (projections 56, 58, and 60 are resiliently mounted on the sidewall to enable the cap of the second vial to pass between the projections and then return to a position wherein the ledge has inside diameter, see Paragraph [0008]), and
wherein each spring arm portion (66, 68, and 70) comprises a respective portion of an inner surface between the adjacent pair of web portions (see Figure 4).
However, Sasso does not explicitly disclose in the first deformation state, a middle point of the respective portion of the inner surface defines a convex surface, and in the second deformation state, the middle point of the respective portion of the inner surface defines a concave surface.
Whelan teaches an adapter device (sampling port 10) having a generally tubular body (12) defined by a wall (18) arranged about an axis (42) which defines a space (21) for a sampling vial (72, 102), like a vial (see Abstract), wherein the wall (18) is expandable radially in at least the waisted region (60) to accommodate different sized sampling vials (72, 102); having a plurality of first latching portions (wall members 40 having sloping waisted portions 62, see Figure 5-6) that are each arranged on the inner surface and configured for latching with a first closing cover of a vial of a first size (latching to a smaller vial 72, see Figures 5-6); wherein, in the second deformation state (Figures 9-10), the web portions (wall members 40) with the second latching portions (each wall member is attached to a ring member 44 at the open end, see Figure 1) in the first deformation state, a middle point of the respective portion of the inner surface defines a convex surface (middle point of ring member 44 is convex, see Figure 9), and in the second deformation state, the middle point of the respective portion of the inner surface defines a concave surface (middle point of ring member 44 is concave, see Figure 12 ).
Sasso and Whelan are analogous art because both teach and adaptor that can accommodate different diameter sampling bottles and/or vials.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the second latching portions of Sasso and replace them with the ring members in the first deformation state, a middle point of the respective portion of the inner surface defines a convex surface, and in the second deformation state, the middle point of the respective portion of the inner surface defines a concave surface, as taught by Whelan. Whelan teaches it is beneficial for accommodation of "small" vials is achieved by elastic flexing of the waisted portion of the wall members, accommodation of "large" vials is achieved by gross movement of the wall members. It will be appreciated that forming the body of a more elastic material may allow the wall of the tubular body to expand elastically to accommodate "large" vials (see Col. 11 ln 24-27; Col. 12 ln 1-2).
Regarding Claim 16, Sasso teaches all of the limitations as discussed above in claim 15 and Whelan further teaches wherein each first latching portion is located at the respective middle point of a respective spring arm portion.
Whelan teaches an adapter device (sampling port 10) having a generally tubular body (12) defined by a wall (18) arranged about an axis (42) which defines a space (21) for a sampling vial (72, 102), like a vial (see Abstract), wherein the wall (18) is expandable radially in at least the waisted region (60) to accommodate different sized sampling vials (72, 102); having a plurality of first latching portions (wall members 40 having sloping waisted portions 62, see Figure 5-6) that are each arranged on the inner are each arranged on one of the spring arm portions (arranged on the wall members 40).
Sasso and Whelan are analogous art because both teach and adaptor that can accommodate different diameter sampling bottles and/or vials.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the first latching portions of Sasso and replace them with the first latching portion each arranged on one of the spring arm portions, as taught by Whelan. Whelan teaches it is beneficial for accommodation of "small" vials is achieved by elastic flexing of the waisted portion of the wall members, accommodation of "large" vials is achieved by gross movement of the wall members. It will be appreciated that forming the body of a more elastic material may allow the wall of the tubular body to expand elastically to accommodate "large" vials (see Col. 11 ln 24-27; Col. 12 ln 1-2).
Regarding Claim 17, Sasso and Whelan teach all of the limitations as discussed above in claim 16 and Whelan further teaches wherein each first latching portion comprises a protrusion extending towards the center longitudinal axis from the respective portion of the inner surface (sloping waisted portions 62 protrude towards the center longitudinal axis, see Figures 5 and 6).
Regarding Claim 18, Sasso and Whelan teach all of the limitations as discussed above in claim 16 and Whelan further teaches wherein, in the first deformation state, the respective portion of the inner surface of each spring arm portion consists of:
a first concave portion (adjacent connection points 46) connecting a first one of the adjacent pair of web portions (connection points 46) to an end of the convex surface closest to the first one of the adjacent pair of web portions (see Figure 4 and 9); and
a second concave portion (another adjacent connection point 46) connecting a second one of the adjacent pair of web portions (connected to another connection point 46) to an end of the convex surface closest to the second one of the adjacent pair of web portions (see Figure 4 and 9).
Regarding Claim 19, Sasso teaches an adapter device for coupling with medical vials of different sizes (an adapter 20 for mounting on drug vial of various sizes 10A-B, see Abstract; Paragraph [0017]), the adapter device comprising:
a housing (housing an adaptor 20, see Figures 1-4) with a center longitudinal axis (central longitudinal axis 26) oriented in an axial direction and an inner surface facing the center longitudinal axis (see Figures 1-2), the housing comprising:
a plurality of web portions extending axially along the center longitudinal axis and spaced apart around the center longitudinal axis to be offset to one another in a circumferential direction of the housing (side walls between slits 44 and 46, between 48 and 50, between 52 and 42 extending from wall 22, see Figure 4), and
a plurality of spring arm portions (resiliently mounted projections 66, 68 and 70; these projection are resiliently mounted on the sidewall to enable the cap of the first vial to pass between the projections and then return to a position wherein the ledge has inside diameter, see Paragraph [0008]), each spring arm portion being attached to and extending between an adjacent pair of the web portions (which cam surfaces 74 are form, see Figure 4);
a plurality of first latching portions (cam surfaces 74) that are each arranged on and extend radially towards the center longitudinal axis from a respective one of the spring arm portions (see Figure 4); and
a plurality of second latching portions (cam surfaces 62) that are each arranged on and extend radially towards the center longitudinal axis from the inner surface (see Figures 2 and 4);
wherein the housing is deformable, starting from an undeformed state (resting state before use), to a first deformation state, in which the spring arm portions are arranged relative to the center longitudinal axis with the first latching portions at a first diameter about the center longitudinal axis (projections 66, 68, and 70 are resiliently mounted on the sidewall to enable the cap of the first vial to pass between the projections and then return to a position wherein the ledge has inside diameter, see Paragraph [0008]; see Figure 4), and into a second deformation state, in which the spring arm portions are spring-elastically shifted radially outwardly relative to the center longitudinal axis and the second latching portions are at a second diameter about the center longitudinal axis, the second diameter being greater than the first diameter (projections 56, 58, and 60 are resiliently mounted on the sidewall to enable the cap of the second vial to pass between the projections and then return to a position wherein the ledge has inside diameter, see Paragraph [0008]);
wherein each spring arm portion (66, 68, and 70) comprises a respective portion of the inner surface (see Figure 4).
However, Sasso does not explicitly disclose in the first deformation state, each of the second latching portions extends from the respective portion of the inner surface in a first direction pointed at a first angle away from the center longitudinal axis, and
in the second deformation state, each of the second latching portions extends from the respective portion of the inner surface in a second direction pointed at a second angle away from the center longitudinal axis, wherein the second angle is less than the first angle.
Whelan teaches an adapter device (sampling port 10) having a generally tubular body (12) defined by a wall (18) arranged about an axis (42) which defines a space (21) for a sampling vial (72, 102), like a vial (see Abstract), wherein the wall (18) is expandable radially in at least the waisted region (60) to accommodate different sized sampling vials (72, 102); having a plurality of first latching portions (wall members 40 having sloping waisted portions 62, see Figure 5-6) that are each arranged on the inner circumference and configured for latching with a first closing cover of a vial of a first size (latching to a smaller vial 72, see Figures 5-6); wherein, in the first deformation state, each of the second latching portions (ring member 44) extends from the respective portion of the inner surface (peaks 50) in a first direction pointed at a first angle away from the center longitudinal axis (peaks pointing away from the center axis, see Figure 4 and 9); and
in the second deformation state, each of the second latching portions (ring member 44) extends from the respective portion of the inner surface (peaks 50) in a second direction pointed at a second angle away from the center longitudinal axis (peaks 50 are pointed a lower angle away from the center axis, see Figures 11 and 12), wherein the second angle is less than the first angle (see Figures 9 and 12).
Sasso and Whelan are analogous art because both teach and adaptor that can accommodate different diameter sampling bottles and/or vials.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the second latching portions of Sasso and replace them with the ring members wherein in the first deformation state, each of the second latching portions extends from the respective portion of the inner surface in a first direction pointed at a first angle away from the center longitudinal axis, and in the second deformation state, each of the second latching portions extends from the respective portion of the inner surface in a second direction pointed at a second angle away from the center longitudinal axis, wherein the second angle is less than the first angle, as taught by Whelan. Whelan teaches it is beneficial for accommodation of "small" vials is achieved by elastic flexing of the waisted portion of the wall members, accommodation of "large" vials is achieved by gross movement of the wall members. It will be appreciated that forming the body of a more elastic material may allow the wall of the tubular body to expand elastically to accommodate "large" vials (see Col. 11 ln 24-27; Col. 12 ln 1-2).
Regarding Claim 20, Sasso and Whelan teaches all of the limitations as discussed above in claim 19 and Whelan further teaches wherein each of the spring arm portions (wall members 40) extends in the axial direction from a lower edge facing the base to an upper edge facing away from the base (wall members 40 extend from lower edge of base 16 to a upper edge adjacent ring member 44 forming waist region 60, see Figure 5), and a distance between the lower edge and the upper edge (distance of wall member 40) reduces from each adjacent web portion towards the first latching portion (see Figure 12).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ERIC RASSAVONG/ (5/21/2026)Examiner, Art Unit 3781
/Adam Marcetich/Primary Examiner, Art Unit 3781
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