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 .
Claim Objections
Claims 1-3 are objected to because of the following informalities: Claim 1 should start with “A” and claims 2 and 3 should start with “The.” Claim 2 recites “are three angularly equidistant” which appears to require grammar correction. Appropriate correction is required.
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 1-3 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. Claim 1 in line 2 introduces a consisting of limitation, consisting of is also present in line 23 and claim 2. Consisting of is a closed limitation, however, where consisting of is present in line 23 and claim 2 appears to introduce further limitations into the previously closed limitation. For example, adding a plurality of radial slots to a previously claimed lateral passage. Claim 1 in the last line introduces an annular space which appears to be an additional feature which would be added to the closed recitations of the elongated tubular body. As such it is not clear exactly to what limitations the elongated tubular body is closed. Claim 1 recites a section in line 17 and a convolute in line 28, these are recited as separate features however they appear to refer to the same portion 28. It is not clear if these are the same or different structures. For purposes of the rejection, they are taken as the same.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guala (US 2007/0218757 A1).
With regard to claim 1, Guala teaches valve connector for medical infusion lines, comprising: - an axially elongated tubular body consisting of a base (Fig. 3 member 2) and a lid (Fig. 3 member 1) coaxially joined together and defining an inlet (Fig. 3 member 4) and an outlet (Fig. 3 member 22), the base being coaxially formed with a hollow internal pin (Fig.16 member 28) communicating with the outlet and having a closed terminal (Fig. 3 member 32) projecting into the lid and having a lateral passage (Fig. 16 members 34 or alternatively members 31) adapted to be placed in communication with the inlet, - an elastic element (Fig. 17 member 3) inserted coaxially along said lid and including: - an elastic head having a radial pre-slit (Fig. 17 member 35 with slit 38) and normally arranged in a closing condition within said inlet in which said pre-slit is closed (Fig. 4), said elastic head being axially displaceable towards said closed terminal of the hollow pin, following the insertion of a fluid introducer into said inlet, to allow said elastic head to take a condition for opening said pre-slit (Fig. 3), - a tubular stem (Fig. 17 members 40 and 41) joined to said head and having an internal annular gasket (Fig. 19 member 47) in sliding contact with said hollow pin to control the communication between said lateral passage of the closed terminal of the hollow pin and the inlet ([0053]), - an end retaining part having an end edge (Fig. 17 member 46) locked between said base and said lid and joined to said tubular stem through a section (Fig. 17 member 37) which is elastically deformable under traction during the axial displacement of said elastic head from said closing condition towards said opening condition (Figs. 3 and 4), - the elastic head, in the condition for opening said pre-slit, remaining axially spaced from said closed terminal of the hollow pin of the base (Fig. 3), - the lateral passage of said closed terminal consists consisting of a plurality of radial slots separated from each other by external slides cooperating with said internal annular gasket of the tubular stem of the elastic element to open the communication between the inlet and the outlet of the connector when said elastic head moves to said opening condition (Fig. 16 slots 34 separated by slides 33 or slots 31 separated by slides formed by wall 30 surrounding 31),- the end retaining part of the elastic element formed with a convolute (Fig. 17 member 37) which - during the displacement of said elastic head from said closing condition towards said opening condition - deforms under traction within an annular space of said base (Fig. 3).
With regard to claim 2, see portion 32 as compared to at least portion 29 (Fig. 16), more than two members 31 may be present and there are at least three members 34 (Fig. 16).
With regard to claim 3, see Fig. 19, non-numbered grooves ion the area of 40.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY L SCHMIDT whose telephone number is (571)270-3648. The examiner can normally be reached Monday through Thursday 7:00 AM to 4:30 PM.
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/EMILY L SCHMIDT/ Primary Examiner, Art Unit 3783
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