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 Species I (Figs. 1-5) in the reply filed on 07/27/26 is acknowledged.
Claim 17 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II-IV, Figs. 7A-9B, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/27/26.
Drawings
The drawings are objected to because: The element 120 defines as a seal. However, it appears in the Fig. 5A as a passage. See below.
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Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-16, 18-20 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.
In claims 1-5, 7, 13, 19-20, the limitations “first predetermined threshold” and “second predetermined threshold” are vague. It is unclear to Examiner that how are “the first predetermined threshold” and “the second predetermined threshold” values being measured/determined? There is no guideline nor reference for being measured these first and second predetermined thresholds.
The other dependent claims 6, 8-12, 14-16 & 18 are being rejected due to their dependency.
In claims 2, 19-20, the limitation “the second inner piece transitioning to the partially extended position in response to the pullout force exceeding the first predetermined threshold” is vague. The second inner piece of the second connector being extended position that is separated and different with respect to the first inner piece of the first connector. Therefore, it is unclear to Examiner that how is the pullout force of the second inner piece being compared with the first predetermined threshold? In addition, the pullout force of the second inner piece could be same or possibly different with respect to the pullout force of the first inner piece.
The claims 3-10 are being rejected due to their dependency.
In claims 5 & 13, the limitation “ the second predetermined threshold is greater than the first predetermined threshold” is vague. As mentioned in the rejection above, there is no guideline nor reference for being measured the values of the first and second predetermined thresholds. Therefore, how is possible to compare the first and second predetermined threshold values?
Examiner acknowledges that the first connector is identically same as the second connector. In other words, both of the first and second connectors have same configuration. In other words, the pull force in between the first and second predetermined thresholds would be the same. However, it is unclear to Examiner that how is possible that the second predetermined threshold being greater than the first predetermined threshold?
Claim Rejections - 35 USC § 102
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.
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.
Claims 1, 11 & 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fournie (US 7,955,317).
Regarding claim 1, Fournie discloses a first connector 110 in Figs. 7-8 including:
a first outer piece 121 having a first channel 114 extending longitudinally within the first outer piece 121,
a first inner piece 124 disposed at least partially within the first outer piece 121 such that the first channel 114 is disposed within the first inner piece 124, see Fig. 7, and
a first seal 126/140 disposed within the first inner piece 124 such that the first seal 126/140 is at least partially disposed between the first channel 114 and the first inner piece 124, the first inner piece 124 configured to axially move relative to the first outer piece 124 to transition from a retracted position (Fig. 8) to a partially extended position (Fig. 7), the first channel 141 including a first occlusion hole 148, and the first channel 114 and the first occlusion hole 148 forming a first fluid pathway through the first connector when the first inner piece is in the retracted position, see Fig. 8;
wherein in the extended position (Fig. 7) the first occlusion hole is blocked by the first seal 126 (in closed position) resulting in the first fluid pathway being blocked, the first inner piece 124 transitioning to the partially extended position in response to a pullout force exceeding a first predetermined threshold (assuming the first predetermined threshold is equal zero, before pulling the inner piece 124 away from the syringe 112).
Regarding claim 11, wherein the first inner piece 124 includes a first coupling portion 155 (wherein bars 157 engage into the groove 155, see Figs. 7-8) and the first inner piece 124 is configured to transition from the partially extended position (Fig. 7 to a fully extended position (the inner piece 124 retracts further away from the first outer piece 121 or the syringe 112), the fully extended position being where the first coupling portion 155 is disposed further from the first occlusion hole 148 compared to when the first inner piece 9 is in the partially extended position (e.g., for example: the seal 126/140 being attached to the first channel 114; while the inner piece 124 being removed away from the syringe. At this point, the first coupling portion 155 is moving away from the first occlusion hole 148).
Regarding claim 13, with broadest interpretation, wherein the first inner piece 124 transitions from the partially extended position (Fig. 7 to a fully extended position (the inner piece 124 retracts further away from the first outer piece 121 or the syringe 112) to the fully extended position (e.g., the first inner piece 124 in transition of removing away from the syringe; at that point, the barbs 157 engage at a shoulder portion 138 of the seal 126) in response the pullout force exceeding a second predetermined threshold (position at Fig. 7), the second predetermined threshold being greater than the first predetermined threshold (position at Fig. 6).
Regarding claim 14, wherein the first outer piece 121 includes a first interior space and the first inner piece is biased to be in the retracted into the first interior space 124 due to a vacuum generated in the first interior space.
Regarding claim 15, wherein the first outer piece 121 includes a first tubing portion 114 configured to couple to a portion of tubing and the first inner piece 124 includes a first coupling portion 155 configured to couple to a coupling element 112, the first tubing portion 114 being in fluid communication the first coupling portion 155 through the first channel and the first occlusion hole 148 when the first inner piece is in the retracted position, Fig. 8.
Regarding claim 18, wherein the pullout force is a force applied to the first connector 110 along a central axis of the first connector 110 and the central axis extends at least along a length of the first connector.
Claims 1-10, 14-16, 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dennis et al. (US 9,861,805).
Regarding claim 1, Dennis discloses a coupler 400, in Figs. 22-26 comprising:
a first connector 410 including a first outer piece 410 having a first channel 232 & 412 extending longitudinally within the first outer piece 410.
a first inner piece 230/490 (a whole unit 230 includes #490 therein, see Figs. 23-24) disposed at least partially (at portion 490) within the first outer piece 410 such that the first channel 232 & 412 is disposed within the first inner piece 230/490 (see Fig. 24), and
a first seal 234 disposed within the first inner piece 230/490 such that the first seal 234 is at least partially disposed between the first channel 232 and the first inner piece (see marked-up figure below), the first inner piece configured to axially move relative to the first outer piece 410 to transition from a retracted position (Fig. 25) to a partially extended position (Fig. 24), the first channel including a first occlusion hole 233, and the first channel 232 & 412 and the first occlusion hole 233 forming a first fluid pathway 200 through the first connector when the first inner piece 230/490 is in the retracted position (Fig. 25, the first inner piece 230 is being engaged to a second connector 420; wherein the first seal 234 is being collapsed to create the first fluid pathway 200),
wherein in the extended position (Fig. 24) the first occlusion hole 233 is blocked by the first seal 234 resulting in the first fluid pathway 200 being blocked, the first inner piece 230/490 transitioning to the partially extended position (when removing the first inner piece 230/490 away from the outer piece 410 partially but not completely separated yet) in response to a pullout force (via threads 470) exceeding a first predetermined threshold (e.g. assuming that a threshold value before pulling force by rotating the tab 490 away from the outer piece 410; a first predetermined threshold value = before use or before applying a pullout force = zero force value).
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Regarding claim 2, Dennis discloses in Figs. 22-26, a second connector 420 has same structure as the first connector 410. Therefore, the claim 2 is being rejected using same analysis as noted in the claim 1 above.
Dennis discloses a second connector 420 including a second outer piece 420 having a second channel 242 & 416 extending longitudinally within the second outer piece 420, a second inner piece 246 (e.g., the whole unit 246) disposed at least partially within the second outer piece 420 such that the second channel 242 is disposed within the second inner piece 246, and a second seal 234/244 (on the left side in Figs. 23-24) disposed within the second inner piece 246 such that the second seal 234/244 is at least partially disposed between the second channel 242 and the second inner piece 246, see Figs. 24 & 25, the second inner piece 246 configured to axially move relative to the second outer piece 420 to transition from a retracted position (e.g., when the inner piece 246 being engaged to the outer piece 420) to a partially extended position (e.g., when the inner piece 246 is being partially removed from the outer piece 420), the second channel 242/416 including a second occlusion hole 243, and the second channel 242/416 and the second occlusion hole 243 forming a second fluid pathway through the second connector 420 when the second inner piece is in the retracted position, see Figs. 25-26;
wherein in the partially extended position(e.g., when the inner piece 246 is being partially removed from the outer piece 420 or the second connector being separated from the first connector 410, see Fig. 24), the second occlusion hole is blocked by the second seal 244 resulting in the second fluid pathway being blocked, the second inner piece transitioning to the partially extended position (e.g., when the second inner piece 246 or the second connector 420 removed away from the first connector 410) in response to the pullout force exceeding the first predetermined threshold (e.g. as best as understood, the first predetermined threshold value = before use or before applying a pullout force = zero force value).
Regarding claim 3, a coupling element (groove 246 & flange 237) coupling the first connector 410 to the second connector 420, the coupling element configured to cause the first fluid pathway to be in fluid communication with the second fluid pathway when the first connector is coupled to the second connector, see Fig. 25.
Regarding claims 4-5, wherein the coupling element is configured to break into two or more portions in response to the pullout force exceeding a second predetermined threshold (e.g., as best as understood, a second predetermined threshold is determined that a force that user applies very little force to hold the two connectors 410 & 420 to ready to separate the connectors 410 & 420). Therefore, the second predetermined threshold is greater than the first predetermined threshold (approximate equal zero force being applied).
Regarding claim 6, wherein a central axis extends through the first connector 410, the coupling element 237 & 246, and the second connector420 when the first connector is coupled to the second connector via the coupling element.
Regarding claim 7, wherein the first connector 410 is configured to remain coupled to the coupling element 237 & 246) and the second connector 420 when the pullout force does not exceed the first predetermined threshold force.
Regarding claim 8, wherein the coupler has a first configuration and in the first configuration the first connector 410 is coupled to the second connector 420 via the coupling element 237 & 246 such that the first fluid pathway is in fluid communication with the second fluid pathway, see Figs. 25-26.
Regarding claim 9, wherein the coupler has a second configuration and in the second configuration the first connector 410 is coupled to the second connector 420 and the first inner piece 490 (a whole unit #490) is in the partially extended position (e.g., the first inner piece 490 is partially disconnected or removed from the second connector) and the second inner piece is in the partially extended position such that the first fluid pathway is blocked and the second fluid pathway is blocked, see similar Fig. 24. Note: the Fig. 24 show that the first and second inner pieces are fully extended or separated from each other’s. However, if the first and second inner pieces are fully extended (or partially moved away from each other, the first and second fluid pathways are being blocked also).
Regarding claim 10, wherein the coupler has a third configuration and in the third configuration the coupling element is broken such that the first connector is decoupled from the second connector, see Fig. 24.
Regarding claim 14, wherein the first outer piece 410 includes a first interior space 430 and the first inner piece 490 is biased to be in the retracted/engaged tightly into the first interior space due to a vacuum generated in the first interior space.
Regarding claim 15, wherein the first outer piece 410 includes a first tubing portion 482 configured to couple to a portion of tubing 412 and the first inner piece 490 includes a first coupling portion 490 or threads at 237 configured to couple to a coupling element 237 & 246, the first tubing portion 482 being in fluid communication the first coupling portion through the first channel 232 & 412 and the first occlusion hole 233 when the first inner piece is in the retracted position, see Figs. 25-26.
Regarding claim 16, further comprising: a locking ring (with broadest interpretation, the threads are interpreted as locking ring) secured to the first outer piece, the locking ring configured to prevent the first inner piece 490 from withdrawing from the first outer piece 410/430.
Regarding claim 18, wherein the pullout force is a force applied to the first connector along a central axis of the first connector 230/410 and the central axis extends at least along a length of the first connector.
Regarding claim 19, because claim 19 incorporates all subject matter of claims 1-3, it is rejected for the same reasons detailed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUYNH-NHU HOANG VU whose telephone number is (571)272-3228. The examiner can normally be reached on M-F 7:30 am-4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached on 571-270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Quynh-Nhu H. Vu/
Quynh-Nhu H Vu
Primary Examiner, Art Unit 3783
Prosecution Insights