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
Claim 1 is objected to because of the following informalities: the Examiner suggests indenting the clauses that are included as part of the elastic element as well as using the term wherein before the last four clauses. Appropriate correction is required.
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 a 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) 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), 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 an introducer is inserted and 32 is spaced from the slit), - 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 lateral passage of said closed terminal consists of a plurality of radial slots separated from each other by external slides ( Fig. 16 slots 34 separated by slides 33), - said closed terminal has a reduced diameter (Fig. 3 member 32), - said external slides are slide-like external intermediate protrusions 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),- said section of the elastic element formed, even in said closing condition, 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, there are at least three members 34 (Fig. 16).
With regard to claim 3, see Fig. 19, non-numbered grooves in the area of 40.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. New limitations are addressed as above. Regarding Applicant’s arguments that Gula does not show the elastic head axially spaced from the slit in the condition for opening. The Examiner finds, as rejected, the elastic head is in the condition of opening in Fig. 3 when the introducer is first placed into the inlet, in this position 32 is spaced from the slit. The Examiner also finds 32 to be spaced in Fig. 11 noted by Applicant. Applicant refers to members 33 in contact with the slit, however, member 32 is rejected as the closed terminal. Even if members 33 were considered in Fig. 11 there appears to be spaced between the end of 33 and the slit. Regarding arguments to the lateral passage, previously slots 34 or 31 were considered. Due to the claim amendments, radial slots 34 are considered with slide protrusions 33. Applicant argues member 37 is not a convolute. The term convolute does not impart specific structure. The Examiner would suggest further limitations to distinguish this section of the elastic element. Member 37 functions as recites.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at 571-272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
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