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 .
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the phrase "box-like" and “plate-like” renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "x-like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Claims 2-5 depend on claim 1; and hence are also rejected.
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.
Claim(s) 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Guala (US 20210046243) in view of DE 3205229 (DE ‘229).
As regarding claim 1, Guala discloses the claimed invention for filter (1 of fig. 4) for infusion medical lines comprising a box-like body (2) formed by a first half-shell (5) and by a second half-shell (6) and provided with an inlet connector (9) for a liquid to be filtered and with an outlet connector (10) for the filtered liquid, within the box-like body there being provided for: a first plate-like element (13) on whose opposite faces there are formed ribs (14) defining respective first channels (15) which extend parallel between said connectors on said ribs of each face of said first plate-like element there being arranged respectively a first filtering, hydrophilic membrane (16) and a second filtering hydrophilic membrane (16) which separate said first channels respectively from a first interspace (23) delimited by said first half-shell and from a second interspace (23 of figs. 5-8), said first interspace and second interspace being placed in communication with the inlet connector and said first interspace being connected with the external through first vent openings (11a and [0031]) with which there are associated respective hydrophobic membranes (24), said first channels being placed in communication with the outlet connector ([0032]).
Guala does not disclose a second plate-like element parallel and spaced apart with respect to said first plate-like element and on whose opposite faces there are formed ribs defining respective second channels which extend parallel between said connectors, wherein on said ribs of each face of said second plate-like element there are arranged respectively a third filtering hydrophilic membrane and a fourth filtering hydrophilic membrane which separate said second channels respectively from the second interspace and from a third interspace delimited by said second half-shell, said third interspace being placed in communication with the inlet connector and being connected with the external through second vent openings with associated hydrophobilic membranes, said second channels being placed in communication with the outlet connector, wherein said second interspace is placed in direct communication with the external through said vent openings and associated hydrophobic membranes.
DE ‘229 teaches a second plate-like element parallel (5, 15 of figs. 3 and 4) and spaced apart with respect to said first plate-like element and on whose opposite faces there are formed ribs (8, 9, 10) defining respective second channels which extend parallel between said connectors, wherein on said ribs of each face of said second plate-like element there are arranged respectively a third filtering hydrophilic membrane and a fourth filtering hydrophilic membrane (15, 5, 5’) which separate said second channels respectively from the second interspace and from a third interspace (7, 11) delimited by said second half-shell, said third interspace being placed in communication with the inlet connector and being connected with the external through second vent openings with associated hydrophobilic membranes (13), said second channels being placed in communication with the outlet connector, wherein said second interspace is placed in direct communication with the external through said vent openings (12) and associated hydrophobic membranes (figs. 3-4; no number).
Both Guala and DE ‘229 are directed to disposable filter having a membrane.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a second plate-like element parallel and spaced apart with respect to said first plate-like element and on whose opposite faces there are formed ribs defining respective second channels which extend parallel between said connectors, wherein on said ribs of each face of said second plate-like element there are arranged respectively a third filtering hydrophilic membrane and a fourth filtering hydrophilic membrane which separate said second channels respectively from the second interspace and from a third interspace delimited by said second half-shell, said third interspace being placed in communication with the inlet connector and being connected with the external through second vent openings with associated hydrophobilic membranes, said second channels being placed in communication with the outlet connector, wherein said second interspace is placed in direct communication with the external through said vent openings and associated hydrophobic membranes as taught by DE ‘229 in order to enhance filter performance.
As regarding claim 2, Guala as modified discloses all of limitations as set forth above. Guala as modified discloses the claimed invention for wherein at the ends of the opposite faces of each of said plate-like elements there are provided for respective first and second transverse manifolds (claim 4; 22 of fig. 4) on which there are arranged respectively said first and second hydrophobic membranes, said first transverse manifolds being placed in communication with said first vent openings, and said second transverse manifolds being placed in communication with said second vent openings.
As regarding claim 3, Guala as modified discloses all of limitations as set forth above. Guala as modified discloses the claimed invention for wherein said outlet connector comprises a double insert sealingly fixed to the box-like body and forming a first duct placed in communication with said first and second interspace through a first passage, and a second duct placed in communication with said second and said third interspace through a second passage therefore the flows of the filtered liquid through said first and said second hydrophylic membranes on one side and said third and said fourth hydrophylic membranes on the other are separated through said first and second duct until the outflow from the filter (DE ‘229 – outlet connector 4 gathers the flow form the two exit ports 11 of fig. 4).
As regarding claim 4, Guala as modified discloses all of limitations as set forth above. Guala as modified discloses the claimed invention for wherein said inlet connector and said outlet connector are designed for tube-tube or luer-tube or tube-luer or luer-luer connections of said medical line ([0027]).
As regarding claim 5, Guala as modified discloses all of limitations as set forth above. Guala as modified discloses the claimed invention for wherein at least one of said filtering hydrophilic membranes is made as a single piece with said hydrophobic membranes ([0025]).
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773