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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/07/26 has been entered.
Response to Amendment
Applicant amended claim 1. Claims 1-16 are currently pending.
Response to Arguments
Applicant’s arguments, see pages 5-8 of Applicant’s Remarks, field 06/03/26, with respect to the rejections of claims 1-2, 6-11, and 14-15 under 35 U.S.C. 103 as being unpatentable over Michaels in view of Pavlik, of claims 3-4 in further view of Wright, of claim 5 in further view of Superfos, of claim 12 in further view of Asher, of claim 13 in further view of Fomby, and of claim 16 in further view of Puderbaugh, have been fully considered and are persuasive in light of the amendment to claim 1. Therefore, the rejections have been withdrawn. However, upon further search and consideration, new ground of rejection have been made as indicated below.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-2, 6-11, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Michaels et al. (US 2005/0183780 A1) in view of Langdon (US 5,386,735 A).
Regarding claim 1, Michaels discloses a fluid collection device (Figs. 1 and 2A-5, feat. 12; ¶0034-0035: container 12 is a fluid waste collection receptacle, and is therefore a fluid collection device), comprising: a fluid collection container (Figs. 2A-5, feat. 12; ¶0035) comprising a vent (230; ¶0035: port 230 is open to the environment when uncapped, and would therefore vent pressure from inside the container); and an adapter (Figs. 1 and 2D-5, feats. 40 and 60; ¶0039-0040) including a connecting portion configured to removably couple with the fluid collection container over the vent (Figs. 3-5 and 11-12, feat. 40; ¶0042-0044) and a port attachable to the connecting portion (Figs. 3-5, feat. 60; ¶0045-0046), wherein the connecting portion (40) includes a top surface (Annotated Fig. 11, feat. A) defining an aperture (Annotated Fig. 11, feat. B) and one or more side panels coupled to the top surface (Annotated Fig. 11, feat. C), the top surface and the one or more side panels defining an interior portion (Annotated Fig. 11, feat. D), the port having a non-sealed position (Figs. 1 and 4, feat. 60) and a sealed position (Fig. 5, feat. 60) with respect to the vent when the connecting portion is coupled to the fluid collection container and positioned over the vent (Figs. 3-5, feats. 40 and 230).
Michaels does not disclose that the port is attached to the top surface of the connecting portion such that the port is configured to rotate between the non-sealed position and the sealed position with respect to the vent when the connecting portion is coupled to the fluid collection container and positioned over the vent, wherein in the non-sealed position the vent is in fluid communication with a surrounding environment, and in the sealed position a fluid seal is established between a distal end of the port and the fluid collection container surrounding the vent, thereby enabling fluid flow from the vent and through the port.
Langdon teaches a connector (Figs. 1-7; Col. 3, line 35 – Col. 4, line 57) comprising a female coupling member or connecting portion (Figs. 1-9 and 11-12, feat. 6) which may be attached to the lid (Figs. 8-9 and 11-12, feat. 104) of a fluid collection container (102; Col. 6, lines 16) and a male coupling member or port (Figs. 1-9 and 11-12, feat. 4). The connecting portion (6; Col. 3, lines 49-64) comprises a tube or conduit in fluid communication with the interior of the fluid collection container (Figs 1-8 and 11-12, feat. 10) and a pair of resilient parallel legs (Fig. 7, feat. 40; Col. 4, lines 18-42) forming a semi-oval shaped cavity (Fig. 2, feat. 52). When the connecting portion (Figs. 11-12, feat. 6) is attached to the lid (104) of a fluid collection container (102), the opening (Figs. 2 and 7, feat. 54) of the cavity (52) formed by the legs (40) may face upwards such that an aperture (Fig. 1, feat. 46) forming the opening to the conduit (10) faces partly upward and forms part of the top surface of the connecting portion. The port (4; Col. 3, line 65 – Col. 4, line 17) also comprises a tube or conduit (8) and a semi-oval shaped portion (Figs. 2 and 17, feat. 19) comprising a pair of sidewalls (Figs. 2 and 7, feat. 20). In use, the semi-oval shaped portion of the port may be inserted into the semi-oval shaped cavity of the connecting portion at an angle such that the conduits are not sealed to each other and there is no fluid communication between them (Figs. 2-4, feats. 8 and 10; Col. 4, line 48 – Col. 5, line 22). Because the conduits are not sealed to each other in this configuration, they are in fluid communication with the surrounding environment. Then, when fluid communication is desired, the port may be pivoted or rotated 90° in order to a sealed configuration in which fluid flow is enabled between the conduits (Figs. 5-6, feats. 8 and 10; Col. 5, lines 22-53). In both the non-sealed (Figs. 3-4) and the sealed (Figs. 5-6), the port (4) is secured or attached to the cavity (52) in the top of the connecting portion (6) by the resilient legs (40). Langdon teaches that such a connector advantageously enables quick, easy, and repeatable connection and disconnection while preventing accidental disconnection (Col. 1, line 61 – Col. 2, line 3). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the adapter of the device disclosed by Michaels so that the port is attached to the top surface of the connecting portion such that the port is configured to rotate between the non-sealed position and the sealed position with respect to the vent when the connecting portion is coupled to the fluid collection container and positioned over the vent, wherein in the non-sealed position the vent is in fluid communication with a surrounding environment, and in the sealed position a fluid seal is established between a distal end of the port and the fluid collection container surrounding the vent, thereby enabling fluid flow from the vent and through the port as taught by Langdon in order to enable quick, easy, and repeated
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[AltContent: textbox (Annotated Fig. 11: Adapted from figures 11 and 12 of Michaels to show
A: an annular top surface
B: the aperture defined by the top surface
C: an annular side panel
D: the annular interior portion defined by the top surface and side panel)]connection and disconnection while preventing accidental disconnection.
Regarding claim 2, Michaels in view of Langdon suggests the device of claim 1, and Michaels further discloses that the vent of the fluid collection container is an outlet vent configured to passively expel displaced gas (Figs. 2A-3, feat. 230; ¶0035 and 0042-0044: vent 230 is open to the environment when uncapped and the adapter port is not attached, and therefore allows pressure equalization through it).
Regarding claim 6, Michaels in view of Langdon suggests the device of claim 1. Langdon depicts the connecting portion (Figs. 8-9 and 11-12, feat. 6) as being oriented at a non-perpendicular angle to the surface of the lid (104) of the fluid collection container (102), and because the port (4) is in line with the longitudinal axis of the connecting portion (6) in the sealed configuration (Figs. 5-6 and 8), the port would also be oriented at a non-perpendicular angle to the surface of the lid. However, the courts have held that claimed for a device which reads on the prior art except with regards to the position of a component of the device are unpatentable if shifting the position of the component would not modify the operation of the device. Please see MPEP §2144.04(VI) with respect to In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, shifting the connecting portion taught by Langdon to be perpendicular to the surface of the lid, which would also result in the port being perpendicular to the surface of the lid in the sealed configuration, would not affect the operation of the connector taught by Langdon, or the fluid collection device suggested by Michaels in view of Langdon, because Langdon teaches that the port (4) is inserted into the connecting portion (6) at an angle to form the non-sealed position (Figs. 3-4) and rotated into the sealed position (Figs. 5-6) and shifting the connecting portion and port to be perpendicular to the surface of the lid would not interfere with the insertion of the port into the connecting portion or the rotation of the port relative to the connecting portion. Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Michaels in view of Langdon so that the port in the sealed position is positioned perpendicular to an upper surface of the fluid collection device.
Regarding claim 7, Michaels in view of Langdon suggests the device of claim 1. Langdon further teaches that the port (Figs. 1-7, feat. 4) includes a hollow cylindrical portion (8). Therefore, Michaels in view of Langdon further suggests that the port is shaped as a hollow cylinder.
Regarding claim 8, Michaels in view of Langdon suggests the device of claim 1. As discussed above, Langdon teaches that in both the non-sealed (Figs. 3-4) and the sealed (Figs. 5-6), the port (4) is secured or attached to cavity (52) in the top of the connecting portion (6) by the resilient legs (40). As discussed above, Langdon further teaches that the port (4) is pivoted or rotated 90° from the non-sealed position (Figs. 3-4) to the sealed position (Figs. 5-6), thereby forming a hinge. Therefore, Michaels in view of Langdon further suggests that the port is attached to the connecting portion via a hinge, and that transitioning from the non-sealed position to the sealed position includes rotating the port from a horizontal position to a vertical position.
Regarding claim 9, Michaels in view of Langdon suggests the device of claim 8. As discussed above, Langdon further teaches that the connecting portion (Figs. 1-7, feat. 6) includes a cavity (54) configured to accommodate the port (4) in the non-sealed position (Figs. 2-4). Therefore, Michaels in view of Langdon further suggests that the connecting portion includes a cavity configured to accommodate the port in the non-sealed position.
Regarding claim 10, Michaels in view of Langdon suggests the device of claim 1. Langdon further teaches that the port (Figs. 2 and 7, feat. 4) comprises an abutment edge or protrusion (30) which snaps over an abutment flange (50) and into the gap formed between the resilient leg (40) and the abutment flange (50) of the connecting portion (6) in order to lock the port and connecting portion together (Fig. 6; Col. 5, lines 40-53). Therefore, Michaels in view of Langdon further suggests that the port includes a protrusion configured for receipt into a recess in the connecting portion to lock the port in the sealed position.
Regarding claim 11, Michaels in view of Langdon suggests the device of claim 1, and Michaels further discloses that the port (Figs. 1 and 4, feat. 60) is initially unattached to the connecting portion (Figs. 1 and 3, feat. 40), wherein the aperture (Annotated Fig. 11, feat. B) is configured to receive a bottom section of the port (Figs. 3 and 5, feat. 176), and wherein the connecting portion is configured to couple to the fluid collection container prior to attaching the port to the connecting portion (Figs. 1 and 2D-3, feat. 40).
Regarding claim 12, Michaels in view of Langdon suggests the device of claim 1. Langdon further teaches that the aperture (Fig. 1, feat. 46; Col. 4, lines 18-42) of the connecting portion (6) includes walls or lips (44, 45) into which an extending ridge (Fig. 1, feat. 17) is pressed to form the sealed configuration (Col. 3, lines 49-64). Therefore, Michaels in view of Langdon further suggests that the aperture of the connecting portion includes a ringed lip, wherein the port includes an exterior ridge, and wherein the port is configured to attach to the connecting portion by pressing the exterior ridge into the ringed lip.
Regarding claim 14, Michaels in view of Langdon suggests the device of claim 1. Michaels further discloses that the fluid collection container is a medical receptacle for liquid waste (Figs. 1 and 2A-5, feat. 12; ¶0034). Therefore, the container is configured to collect urine, which is a medical liquid waste. Therefore, Michaels in view of Langdon further suggests that the fluid collection container is configured to collect urine.
Regarding claim 15, Michaels in view of Langdon suggests the device of claim 1, and Michaels further discloses a gas suction line configured for connection to the adapter to remove gas from the fluid collection container when the port is in the sealed position (Figs. 1, 4, and 5, feat. 30; ¶0045-0048).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Michaels in view of Langdon and in further view of Wright et al. (US 2005/0245898 A1).
Regarding claim 3, Michaels in view of Langdon suggests the device of claim 1, but does not disclose that the connecting portion includes opposing longitudinal ridges in an interior portion, wherein the fluid collection container includes a rim around an upper surface, and wherein the opposing longitudinal ridges are configured to removably couple the adapter to the fluid collection container.
Wright teaches a quick connection system (Figs. 1-3, feats. 12 and 18; ¶0019; Fig. 8, feats. 60 and 62; ¶0032; Fig. 9, feats. 80 and 90; ¶0033-0034) for sealingly connecting irrigation (14, 64, 86) and aspiration (16, 66, 88) lines to a surgical handpiece (10, 58, 90). The quick connection system may comprise a keyed body comprising a rim or flange (Fig. 8, feat. 62; ¶0032; Fig. 9, feat. 94; ¶0034) which mates with a slot defined by opposing longitudinal ridges extending inwards (Fig. 8, feat. 70; ¶0032; Fig. 9, feat. 98; ¶0034). Wright teaches that such a quick connect system advantageously prevents improper connections associated with manual press-fitting, such as press-fitting the connecting portion (Michaels: Figs. 2D-5, feat. 40) and the vent (Michaels: Figs. 2A-5, feat. 230) of Michaels, by ensuring that the lines are properly connected (¶0006-0007). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Michaels in view of Langdon so that the connecting portion includes opposing longitudinal ridges in an interior portion, wherein the fluid collection container includes a rim around an upper surface, and wherein the opposing longitudinal ridges are configured to removably couple the adapter to the fluid collection container in order to ensure that there is a proper connection between the connecting portion of the adapter and the vent as taught by Wright.
Regarding claim 4, Michaels in view of Langdon and in further view of Wright suggests the device of claim 3. As discussed above, Wright teaches a quick connection system comprising a keyed body comprising a rim or flange (Fig. 8, feat. 62; ¶0032; Fig. 9, feat. 94; ¶0034) which mates with a slot defined by opposing longitudinal ridges extending inwards (Fig. 8, feat. 70; ¶0032; Fig. 9, feat. 98; ¶0034). Wright further teaches that the keyed body may mated with the slot by sliding (Fig. 8, feat. 68; ¶0032; Fig. 9, feat. 92; ¶0034). Therefore, Michaels in view of Langdon and in further view of Wright further suggests that the adapter is configured to couple to the fluid container by sliding the longitudinal ridges under the rim. Wright teaches that the slots are defined by flat longitudinal ridges (Fig. 8, feat. 70; Fig. 9, feat. 98), instead of the claimed rounded ridges. However, changing the flat longitudinal ridges of Wright so that they are rounded is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the claimed rounded ridges are significant. Please see MPEP §2144.04(IV)(B). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Michaels in view of Langdon and in further view of Wright so that the opposing longitudinal ridges are rounded.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Michaels in view of Langdon, in further view of Wright, and in further view of Superfos (GB 1408821 A).
Regarding claim 5, Michaels in view of Langdon and in further view of Wright suggests the device of claim 3, but does not disclose that the opposing longitudinal ridges include a flat top side and a tapered edge extending under the flat top side, and wherein the adapter is configured to couple to the fluid container by pressing the connecting portion onto the fluid container until the flat top side is under the rim.
Superfos teaches a container (Fig. 1, feat. 1; Page 2, lines 20-28) comprising a flange or rim (4) with a downwardly directed face (5) and an upper rim portion (6). Superfos further teaches a cover (Figs. 1-2, feat. 7; Page 2, lines 28-60) comprising an outer flange portion (Fig. 2, feat. 11) with a shoulder or ridge with a flat top side and tapered edge (13) which allows the cover to slide under the downwardly directed face (5) of the rim (4) of the container by applying a downward pressure (Page 2, lines 50-60). Superfos teaches that this advantageously provides a seal between the cover (7) and the upper rim portion (6) of the container (Page 2, lines 50-60). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Michaels in view of Langdon and in further view of Wright so that the opposing longitudinal ridges include a flat top side and a tapered edge extending under the flat top side, and wherein the adapter is configured to couple to the fluid container by pressing the connecting portion onto the fluid container until the flat top side is under the rim in order to provide a seal between the connecting portion of the adapter and the container as taught by Superfos.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Michaels in view of Langdon and in further view of Fomby (US 4,711,365 A).
Regarding claim 13, Michaels in view of Langdon suggests the device of claim 11, but does not disclose that the aperture of the connecting portion includes a threaded interior, wherein the port includes exterior threads, and wherein the port is configured to attach to the connecting portion by rotating the port exterior threads into the threaded interior.
Fomby teaches a container (Figs. 1-2, feat. 12; Col. 3, line 35 – Col. 4, line 37) and a corresponding closure (14) in which the container comprises interior threads (24; Col. 3, line 43 – Col. 4, line 9) on the inner surface of the sidewalls (18) and the closure includes exterior threads (26; Col. 4, lines 10-37). Fomby teaches that such a connection system is inexpensive to manufacture (Col. 2, line 62 – Col. 3, line 12). Modifying the device suggested Michaels in view of Langdon so that the port (Langdon: Fig. 1, feat. 4) includes exterior threads which thread into interior threads in the walls (Langdon: Fig. 1, feats. 44, 45) of the aperture (Langdon: Fig. 1, feat. 46) of the connecting portion (Langdon: Fig. 1, feat. 6) in order to attach the port to the connecting portion instead of the resilient legs would help make the device inexpensive to manufacture as taught by Fomby. In the modified device suggested by Michaels in view of Langdon and in further view of Fomby to use threads to connect the connecting portion and port, the port would be rotated about the common axis of the port and connecting portion in order to transition between the non-sealed position and the sealed position. Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Michaels in view of Langdon so that the aperture of the connecting portion includes a threaded interior, wherein the port includes exterior threads, and wherein the port is configured to attach to the connecting portion by rotating the port exterior threads into the threaded interior to help make the device inexpensive to manufacture as taught by Fomby.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Michaels in view of Langdon and in further view of Puderbaugh et al. (US 4,013,076 A).
Regarding claim 16, Michaels in view of Langdon suggests the device of claim 15, but does not disclose a collection bag coupled to the vent of the fluid collection container, wherein the gas suction line is configured to remove gas from the collection bag.
Puderbaugh teaches a fluid collection device (Figs. 1-5, feat. 10; Col. 3, lines 14-25) comprising an inlet port (26) and a vent (28) which may be connected to a suction source via an adapter (30; Col. 5, line 13 – Col. 6, line 2). Puderbaugh further teaches that the device may include a collection bag (Fig. 5, feat. 50; Col. 3, line 67 – Col. 4, line 50) in fluid communication with both the inlet port (26) and the vent (28; Col. 1, line 62 – Col. 2, line 24). Puderbaugh teaches that such a collection bag advantageously acts as a liner for the container (Col. 1, line 62 – Col. 2, line 24). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Michaels in view of Langdon so that it includes a collection bag coupled to the vent of the fluid collection container, wherein the gas suction line is configured to remove gas from the collection bag in order to provide a liner to the container as taught by Puderbaugh.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARJUNA P CHATRATHI whose telephone number is (571)272-8063. The examiner can normally be reached M-F 8:30-5:00.
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/ARJUNA P CHATRATHI/Examiner, Art Unit 3781
/JESSICA ARBLE/Primary Examiner, Art Unit 3781
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