DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11944278. Although the claims at issue are not identical, they are not patentably distinct from each other because they cover the same structural features of the cassette as noted in the below chart. The only differences for claim 11 (transparent material) and claim 16 (size of chamber and having two part chamber) are obvious design choices to one of ordinary skill in the art. The material choice represents a design choice that would have been obvious to one of ordinary skill in the art since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. MPEP 2144.07. The changes in shape claimed represent a design choice, and so a person of ordinary skill in the art at the time of invention would have found that the change in shape did not sufficiently alter the device as it was an obvious change motivated by manufacturing parameters or user preference. See re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1996). The only other difference between the instant application being for waste versus the patent being for fluid. But this is an intended use that would be obvious to one of ordinary skill in the art as a container/cassette for fluid collection would be capable of being used for waste collection.
Instant Application 18/593,065
Conflicting U.S. Patent No. 11944278
1. A specimen collection cassette for use with a medical waste collection assembly, the specimen collection cassette comprising:
a housing comprising a cap portion, and a shell portion coupled to the cap portion to define a chamber, wherein the shell portion comprises a distal base defining an outlet opening, and wherein the cap portion comprises:
a cap end plate;
a sleeve extending forward or proximally from the cap end plate, wherein the sleeve defines a void space in fluid communication with the chamber;
a fitting defining a bore opening into the void space; and
a tissue trap comprising a screen defining porous features, wherein the tissue trap is configured to be removably coupled with the housing with the screen positioned within the void space to collect a tissue sample with fluid waste passing through the porous features during operation of the medical waste collection assembly.
1. A cassette for collecting a tissue sample with a medical fluid collection system including a manifold receiver, said cassette comprising:
a housing configured to be removably coupled with the manifold receiver of the medical fluid collection system, said housing comprising a sleeve defining a first void space, wherein said housing further defines a second void space, an aperture providing fluid communication between said first void space and said second void space, and an outlet opening in fluid communication with said first void space and said second void space;
a catch tray configured to be removably positioned within said first void space, said catch tray comprising a screen defining porous features for collecting the tissue sample; and
a filter element disposed within said second void space of said housing, said filter element defining additional porous features.
2. The cassette of claim 1, wherein said housing further comprises a cap portion defining said first void space, and a shell portion coupled to said cap portion and defining said second void space, and wherein said catch tray is removably coupled to said cap portion and said filter element is disposed within said shell portion.
11. A specimen collection cassette for use with a medical waste collection assembly, the specimen collection cassette comprising:
a housing comprising a cap portion, and a shell portion coupled to the cap portion to define a chamber, wherein the shell portion comprises a distal base defining an outlet opening, and wherein the cap portion comprises a sleeve defining a void space in fluid communication with the chamber, and a fitting defining a bore opening into the void space; and
a tissue trap comprising a screen defining porous features, wherein the tissue trap is configured to be removably coupled with the housing with the screen positioned within the void space to collect a tissue sample with fluid waste passing through the porous features during operation of the medical waste collection assembly,
wherein the sleeve is at least partially formed from partially transparent material so as to allow viewing of the tissue trap when positioned within the void space.
1. A cassette for collecting a tissue sample with a medical fluid collection system including a manifold receiver, said cassette comprising:
a housing configured to be removably coupled with the manifold receiver of the medical fluid collection system, said housing comprising a sleeve defining a first void space, wherein said housing further defines a second void space, an aperture providing fluid communication between said first void space and said second void space, and an outlet opening in fluid communication with said first void space and said second void space;
a catch tray configured to be removably positioned within said first void space, said catch tray comprising a screen defining porous features for collecting the tissue sample; and
a filter element disposed within said second void space of said housing, said filter element defining additional porous features.
2. The cassette of claim 1, wherein said housing further comprises a cap portion defining said first void space, and a shell portion coupled to said cap portion and defining said second void space, and wherein said catch tray is removably coupled to said cap portion and said filter element is disposed within said shell portion.
16. A specimen collection cassette for use with a medical waste collection assembly, the specimen collection cassette comprising:
a housing comprising a cap portion, and a shell portion coupled to the cap portion to define a chamber, wherein the shell portion comprises a distal base defining an outlet opening, wherein the cap portion comprises a sleeve defining a void space in fluid communication with the chamber, and a fitting defining a bore opening into the void space; and
a tissue trap comprising a screen defining porous features, wherein the screen of the tissue trap is configured to be removably positioned within the void space such for collecting a tissue sample while fluid waste passes through the porous features during operation of the medical waste collection assembly,
wherein the sleeve is formed so as that the void space includes an upper chamber and a lower chamber, and wherein the lower chamber a smaller cross-sectional height and a smaller cross-sectional width than the upper chamber.
1. A cassette for collecting a tissue sample with a medical fluid collection system including a manifold receiver, said cassette comprising:
a housing configured to be removably coupled with the manifold receiver of the medical fluid collection system, said housing comprising a sleeve defining a first void space, wherein said housing further defines a second void space, an aperture providing fluid communication between said first void space and said second void space, and an outlet opening in fluid communication with said first void space and said second void space;
a catch tray configured to be removably positioned within said first void space, said catch tray comprising a screen defining porous features for collecting the tissue sample; and
a filter element disposed within said second void space of said housing, said filter element defining additional porous features.
2. The cassette of claim 1, wherein said housing further comprises a cap portion defining said first void space, and a shell portion coupled to said cap portion and defining said second void space, and wherein said catch tray is removably coupled to said cap portion and said filter element is disposed within said shell portion.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 11045171. Although the claims at issue are not identical, they are not patentably distinct from each other because they cover the same structural features of the cassette as noted in the below chart. The only differences for claim 11 (transparent material) and claim 16 (size of chamber and having two part chamber) are obvious design choices to one of ordinary skill in the art. The material choice represents a design choice that would have been obvious to one of ordinary skill in the art since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. MPEP 2144.07. The changes in shape claimed represent a design choice, and so a person of ordinary skill in the art at the time of invention would have found that the change in shape did not sufficiently alter the device as it was an obvious change motivated by manufacturing parameters or user preference. See re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1996). The only other difference between the instant application being for waste versus the patent being for fluid. But this is an intended use that would be obvious to one of ordinary skill in the art as a container/cassette for fluid collection would be capable of being used for waste collection.
Instant Application 18/593,065
Conflicting U.S. Patent No. 11045171
1. A specimen collection cassette for use with a medical waste collection assembly, the specimen collection cassette comprising:
a housing comprising a cap portion, and a shell portion coupled to the cap portion to define a chamber, wherein the shell portion comprises a distal base defining an outlet opening, and wherein the cap portion comprises:
a cap end plate;
a sleeve extending forward or proximally from the cap end plate, wherein the sleeve defines a void space in fluid communication with the chamber;
a fitting defining a bore opening into the void space; and
a tissue trap comprising a screen defining porous features, wherein the tissue trap is configured to be removably coupled with the housing with the screen positioned within the void space to collect a tissue sample with fluid waste passing through the porous features during operation of the medical waste collection assembly.
1. A specimen collection cassette for use with a medical fluid collection system, said cassette including:
a housing configured for removable attachment to the fluid collection system wherein, said housing is shaped to have: a sleeve, the sleeve having first and second opposed and spaced apart interior surfaces that at least partially define a first void space of said housing; an aperture in the second interior surface; and an outlet opening located proximal to the aperture through which fluid is able to flow from the first void space and through the aperture into the medical waste collection system;
a first fitting attached to said housing to which a first suction line that extends from a medical/surgical site can be attached, said first fitting opening into a bore formed in the first interior surface of said sleeve;
a supplemental opening formed in said housing that is separate from the bore in the first interior surface of said sleeve, the aperture in the second interior surface of said sleeve and the outlet opening of said housing, the supplemental opening into the first void space of said housing; and
a cap that is removably attached to said housing so as to seat over the supplemental opening, said cap having an inner surface that is directed toward said housing first void space; and
a catch tray that is removably attached to the inner surface of said cap and shaped to occupy said housing first void space, said catch tray having a porous screen and at least one wall that extends upwardly from an outer perimeter of said screen so that said screen and said at least one wall collectively define an open ended cavity so that, when said catch tray is attached to said cap and said cap is disposed over the supplemental opening, the cavity is open to the bore in the first interior surface of said sleeve into which said first fitting opens and said screen is disposed against the second interior surface of said sleeve so that fluid flows from the first fitting through said housing first void space, across the porous screen and through the aperture in the second interior surface of said sleeve to the outlet opening.
11. A specimen collection cassette for use with a medical waste collection assembly, the specimen collection cassette comprising:
a housing comprising a cap portion, and a shell portion coupled to the cap portion to define a chamber, wherein the shell portion comprises a distal base defining an outlet opening, and wherein the cap portion comprises a sleeve defining a void space in fluid communication with the chamber, and a fitting defining a bore opening into the void space; and
a tissue trap comprising a screen defining porous features, wherein the tissue trap is configured to be removably coupled with the housing with the screen positioned within the void space to collect a tissue sample with fluid waste passing through the porous features during operation of the medical waste collection assembly,
wherein the sleeve is at least partially formed from partially transparent material so as to allow viewing of the tissue trap when positioned within the void space.
1. A specimen collection cassette for use with a medical fluid collection system, said cassette including:
a housing configured for removable attachment to the fluid collection system wherein, said housing is shaped to have: a sleeve, the sleeve having first and second opposed and spaced apart interior surfaces that at least partially define a first void space of said housing; an aperture in the second interior surface; and an outlet opening located proximal to the aperture through which fluid is able to flow from the first void space and through the aperture into the medical waste collection system;
a first fitting attached to said housing to which a first suction line that extends from a medical/surgical site can be attached, said first fitting opening into a bore formed in the first interior surface of said sleeve;
a supplemental opening formed in said housing that is separate from the bore in the first interior surface of said sleeve, the aperture in the second interior surface of said sleeve and the outlet opening of said housing, the supplemental opening into the first void space of said housing; and
a cap that is removably attached to said housing so as to seat over the supplemental opening, said cap having an inner surface that is directed toward said housing first void space; and
a catch tray that is removably attached to the inner surface of said cap and shaped to occupy said housing first void space, said catch tray having a porous screen and at least one wall that extends upwardly from an outer perimeter of said screen so that said screen and said at least one wall collectively define an open ended cavity so that, when said catch tray is attached to said cap and said cap is disposed over the supplemental opening, the cavity is open to the bore in the first interior surface of said sleeve into which said first fitting opens and said screen is disposed against the second interior surface of said sleeve so that fluid flows from the first fitting through said housing first void space, across the porous screen and through the aperture in the second interior surface of said sleeve to the outlet opening.
16. A specimen collection cassette for use with a medical waste collection assembly, the specimen collection cassette comprising:
a housing comprising a cap portion, and a shell portion coupled to the cap portion to define a chamber, wherein the shell portion comprises a distal base defining an outlet opening, wherein the cap portion comprises a sleeve defining a void space in fluid communication with the chamber, and a fitting defining a bore opening into the void space; and
a tissue trap comprising a screen defining porous features, wherein the screen of the tissue trap is configured to be removably positioned within the void space such for collecting a tissue sample while fluid waste passes through the porous features during operation of the medical waste collection assembly,
wherein the sleeve is formed so as that the void space includes an upper chamber and a lower chamber, and wherein the lower chamber a smaller cross-sectional height and a smaller cross-sectional width than the upper chamber.
1. A specimen collection cassette for use with a medical fluid collection system, said cassette including:
a housing configured for removable attachment to the fluid collection system wherein, said housing is shaped to have: a sleeve, the sleeve having first and second opposed and spaced apart interior surfaces that at least partially define a first void space of said housing; an aperture in the second interior surface; and an outlet opening located proximal to the aperture through which fluid is able to flow from the first void space and through the aperture into the medical waste collection system;
a first fitting attached to said housing to which a first suction line that extends from a medical/surgical site can be attached, said first fitting opening into a bore formed in the first interior surface of said sleeve;
a supplemental opening formed in said housing that is separate from the bore in the first interior surface of said sleeve, the aperture in the second interior surface of said sleeve and the outlet opening of said housing, the supplemental opening into the first void space of said housing; and
a cap that is removably attached to said housing so as to seat over the supplemental opening, said cap having an inner surface that is directed toward said housing first void space; and
a catch tray that is removably attached to the inner surface of said cap and shaped to occupy said housing first void space, said catch tray having a porous screen and at least one wall that extends upwardly from an outer perimeter of said screen so that said screen and said at least one wall collectively define an open ended cavity so that, when said catch tray is attached to said cap and said cap is disposed over the supplemental opening, the cavity is open to the bore in the first interior surface of said sleeve into which said first fitting opens and said screen is disposed against the second interior surface of said sleeve so that fluid flows from the first fitting through said housing first void space, across the porous screen and through the aperture in the second interior surface of said sleeve to the outlet opening.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-39 of U.S. Patent No. 9943291. Although the claims at issue are not identical, they are not patentably distinct from each other because they cover the same structural features of the cassette as noted in the below chart. The only differences for claim 11 (transparent material) and claim 16 (size of chamber and having two part chamber) are obvious design choices to one of ordinary skill in the art. The material choice represents a design choice that would have been obvious to one of ordinary skill in the art since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. MPEP 2144.07. The changes in shape claimed represent a design choice, and so a person of ordinary skill in the art at the time of invention would have found that the change in shape did not sufficiently alter the device as it was an obvious change motivated by manufacturing parameters or user preference. See re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1996). The only other difference between the instant application being for waste versus the patent being for fluid. But this is an intended use that would be obvious to one of ordinary skill in the art as a container/cassette for fluid collection would be capable of being used for waste collection.
Instant Application 18/593,065
Conflicting U.S. Patent No. 9943291
1. A specimen collection cassette for use with a medical waste collection assembly, the specimen collection cassette comprising:
a housing comprising a cap portion, and a shell portion coupled to the cap portion to define a chamber, wherein the shell portion comprises a distal base defining an outlet opening, and wherein the cap portion comprises:
a cap end plate;
a sleeve extending forward or proximally from the cap end plate, wherein the sleeve defines a void space in fluid communication with the chamber;
a fitting defining a bore opening into the void space; and
a tissue trap comprising a screen defining porous features, wherein the tissue trap is configured to be removably coupled with the housing with the screen positioned within the void space to collect a tissue sample with fluid waste passing through the porous features during operation of the medical waste collection assembly.
1. A specimen collection cassette for use with a medical fluid collection system, said cassette including:
a housing configured for removable attachment to the fluid collection system wherein, said housing is shaped to have: a sleeve, the sleeve having first and second opposed and spaced apart interior surfaces that at least partially define a first void space of said housing; an aperture in the second interior surface; and an outlet opening located proximal to the aperture through which fluid is able to flow from the first void space and through the aperture into the medical waste collection system;
a first fitting attached to said housing to which a first suction line that extends from a medical/surgical site can be attached, said first fitting opening into a bore formed in the first interior surface of said sleeve;
a supplemental opening formed in said housing that is separate from the bore in the first interior surface of said sleeve, the aperture in the second interior surface of said sleeve and the outlet opening of said housing, the supplemental opening into the first void space of said housing; and
a cap that is removably attached to said housing so as to seat over the supplemental opening, said cap having an inner surface that is directed toward said housing first void space; and
a catch tray that is removably attached to the inner surface of said cap and shaped to occupy said housing first void space, said catch tray having a porous screen and at least one wall that extends upwardly from an outer perimeter of said screen so that said screen and said at least one wall collectively define an open ended cavity so that, when said catch tray is attached to said cap and said cap is disposed over the supplemental opening, the cavity is open to the bore in the first interior surface of said sleeve into which said first fitting opens and said screen is disposed against the second interior surface of said sleeve so that fluid flows from the first fitting through said housing first void space, across the porous screen and through the aperture in the second interior surface of said sleeve to the outlet opening.
11. A specimen collection cassette for use with a medical waste collection assembly, the specimen collection cassette comprising:
a housing comprising a cap portion, and a shell portion coupled to the cap portion to define a chamber, wherein the shell portion comprises a distal base defining an outlet opening, and wherein the cap portion comprises a sleeve defining a void space in fluid communication with the chamber, and a fitting defining a bore opening into the void space; and
a tissue trap comprising a screen defining porous features, wherein the tissue trap is configured to be removably coupled with the housing with the screen positioned within the void space to collect a tissue sample with fluid waste passing through the porous features during operation of the medical waste collection assembly,
wherein the sleeve is at least partially formed from partially transparent material so as to allow viewing of the tissue trap when positioned within the void space.
1. A specimen collection cassette for use with a medical fluid collection system, said cassette including:
a housing configured for removable attachment to the fluid collection system wherein, said housing is shaped to have: a sleeve, the sleeve having first and second opposed and spaced apart interior surfaces that at least partially define a first void space of said housing; an aperture in the second interior surface; and an outlet opening located proximal to the aperture through which fluid is able to flow from the first void space and through the aperture into the medical waste collection system;
a first fitting attached to said housing to which a first suction line that extends from a medical/surgical site can be attached, said first fitting opening into a bore formed in the first interior surface of said sleeve;
a supplemental opening formed in said housing that is separate from the bore in the first interior surface of said sleeve, the aperture in the second interior surface of said sleeve and the outlet opening of said housing, the supplemental opening into the first void space of said housing; and
a cap that is removably attached to said housing so as to seat over the supplemental opening, said cap having an inner surface that is directed toward said housing first void space; and
a catch tray that is removably attached to the inner surface of said cap and shaped to occupy said housing first void space, said catch tray having a porous screen and at least one wall that extends upwardly from an outer perimeter of said screen so that said screen and said at least one wall collectively define an open ended cavity so that, when said catch tray is attached to said cap and said cap is disposed over the supplemental opening, the cavity is open to the bore in the first interior surface of said sleeve into which said first fitting opens and said screen is disposed against the second interior surface of said sleeve so that fluid flows from the first fitting through said housing first void space, across the porous screen and through the aperture in the second interior surface of said sleeve to the outlet opening.
16. A specimen collection cassette for use with a medical waste collection assembly, the specimen collection cassette comprising:
a housing comprising a cap portion, and a shell portion coupled to the cap portion to define a chamber, wherein the shell portion comprises a distal base defining an outlet opening, wherein the cap portion comprises a sleeve defining a void space in fluid communication with the chamber, and a fitting defining a bore opening into the void space; and
a tissue trap comprising a screen defining porous features, wherein the screen of the tissue trap is configured to be removably positioned within the void space such for collecting a tissue sample while fluid waste passes through the porous features during operation of the medical waste collection assembly,
wherein the sleeve is formed so as that the void space includes an upper chamber and a lower chamber, and wherein the lower chamber a smaller cross-sectional height and a smaller cross-sectional width than the upper chamber.
1. A specimen collection cassette for use with a medical fluid collection system, said cassette including:
a housing configured for removable attachment to the fluid collection system wherein, said housing is shaped to have: a sleeve, the sleeve having first and second opposed and spaced apart interior surfaces that at least partially define a first void space of said housing; an aperture in the second interior surface; and an outlet opening located proximal to the aperture through which fluid is able to flow from the first void space and through the aperture into the medical waste collection system;
a first fitting attached to said housing to which a first suction line that extends from a medical/surgical site can be attached, said first fitting opening into a bore formed in the first interior surface of said sleeve;
a supplemental opening formed in said housing that is separate from the bore in the first interior surface of said sleeve, the aperture in the second interior surface of said sleeve and the outlet opening of said housing, the supplemental opening into the first void space of said housing; and
a cap that is removably attached to said housing so as to seat over the supplemental opening, said cap having an inner surface that is directed toward said housing first void space; and
a catch tray that is removably attached to the inner surface of said cap and shaped to occupy said housing first void space, said catch tray having a porous screen and at least one wall that extends upwardly from an outer perimeter of said screen so that said screen and said at least one wall collectively define an open ended cavity so that, when said catch tray is attached to said cap and said cap is disposed over the supplemental opening, the cavity is open to the bore in the first interior surface of said sleeve into which said first fitting opens and said screen is disposed against the second interior surface of said sleeve so that fluid flows from the first fitting through said housing first void space, across the porous screen and through the aperture in the second interior surface of said sleeve to the outlet opening.
Conclusion
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/PATRICK FERNANDES/Primary Examiner, Art Unit 3791