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 .
DETAILED ACTION
This Office Action is in response to the Response to Restriction Requirement filed 01/29/2026. Claims 1-4 and 9-19 are pending and have been examined.
The information disclosure statements (IDS) submitted on 07/29/2024 and 09/04/2024 were considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on 01/29/2026 is acknowledged. Claim 20 is additionally withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species III, there being no allowable generic or linking claim.
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.
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Claims 1-4, 9-12 and 14-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 11, 14 and 15 of copending Application No. 18/670,904 in view of Robertson (US 2022/0031569).
This is a provisional nonstatutory double patenting rejection.
Application No. 18/654,374
Application No. 18/670,904
1. A container and tube set arranged and configured to couple to an endoscope for use in an endoscopic procedure, the container and tube set comprising:
1. A container and tube set arranged and configured to couple to an endoscope for use in an endoscopic procedure, the container and tube set comprising:
a first container configured to contain a fluid;
a first container including a neck defining an opening and a body portion, the first container configured to contain a fluid;
a first fluid supply tube including a first end, a second end, and a second lumen extending therethrough, wherein the second lumen is in fluid communication with the first container, the first end is coupled to the second end of the hollow piercing member, and the second end of the first fluid supply tube is positioned external to the first container;
a first fluid supply tube including a first end, a second end, and a third lumen extending therethrough, wherein the third lumen is in fluid communication with the first container, the first end is coupled to the second end of the compression member, and the second end of the first water supply tube is positioned external to the first container;
a sealing member
a sealing member including a first end, a second end, and a first lumen extending therethrough, the sealing member configured to be disposed adjacent to the opening of the neck of the first container;
a branched connector positioned in line with the first fluid supply tube between the first and second ends thereof, the branched connector including a first fluid inlet, a first fluid outlet, and a second fluid outlet, a portion of the second lumen of the first fluid supply tube extending between the first fluid inlet and the first fluid outlet;
2. The container and tube set of claim 1, further comprising: a third fluid supply tube including a first end, a second end, and a sixth lumen extending therethrough, wherein the sixth lumen is in selective fluid communication with the first container; and a branched connector positioned in line with the first fluid supply tube, the branched connector including a first fluid inlet, a first fluid outlet, and a second fluid outlet, a portion of the third lumen of the first fluid supply tube extending between the first fluid inlet and the first fluid outlet and the sixth lumen of the third fluid supply tube in fluid communication with the second outlet.
a second container configured to contain a fluid, the second container having a second fluid inlet in selective fluid communication with the second fluid outlet of the branched connector;
(claim 1) a second container configured to contain a fluid, the second container having a second fluid inlet in selective fluid communication with the third lumen of the first fluid supply tube;
a second fluid supply tube including a first end, a second end, and a third lumen extending therethrough, wherein the third lumen is in selective fluid communication with a bottom portion of the second container and the second end of the second fluid supply tube is positioned external to the second container; and
a second fluid supply tube including a first end, a second end, and a fourth lumen extending therethrough, wherein the fourth lumen is in selective fluid communication with a bottom portion of the second container and the second end of the second water supply tube is positioned external to the second container; and
a first gas supply tube including a first end, a second end, and a fourth lumen extending therethrough, wherein the fourth lumen is in operative fluid communication with the second container and the second end of the first gas supply tube is positioned external to the second container.
a first gas supply tube including a first end, a second end, and a fifth lumen extending therethrough, wherein the fifth lumen is in operative fluid communication with the second container and the second end of the first gas supply tube is positioned external to the second container.
However, the copending claims do not explicitly teach a hollow piercing member including a first end, a second end, and a first lumen extending therethrough, the first end configured to puncture through a wall or cap of the first container; a sealing member disposed about an outer surface of the hollow piercing member, the sealing member positioned between the first end and the second end of the hollow piercing member.
In an analogous art, Robertson, which discloses a fluid container system for use with an endoscope, clearly teaches a hollow piercing member including a first end, a second end, and a first lumen extending therethrough, the first end configured to puncture through a wall or cap of the first container; (Figs. 2A, 2B: Penetration members 216 puncture the walls of container 218, [0044], [0045].) a sealing member disposed about an outer surface of the hollow piercing member, the sealing member positioned between the first end and the second end of the hollow piercing member. (Fig. 5: Sealing portion 542 is positioned around the circumference of penetration member 516 and between the ends of penetration member 516, [0053]-[0059].)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the copending claims by a hollow piercing member including a first end, a second end, and a first lumen extending therethrough, the first end configured to puncture through a wall or cap of the first container; a sealing member disposed about an outer surface of the hollow piercing member, the sealing member positioned between the first end and the second end of the hollow piercing member, as taught by Robertson, for the benefit of enabling easy access to the fluid with the container.
Claim 2 of the application corresponds to claim 1 of the copending application in view of Robertson Figs. 2A, 2B and paragraph [0003].
Claim 3 of the application corresponds to claim 1 of the copending application in view of Robertson Figs. 5, 6.
Claim 3 of the application corresponds to claim 3 of the copending application in view of Robertson.
Claim 9 of the application corresponds to claim 14 of the copending application in view of Robertson.
Claim 10 of the application corresponds to claim 15 of the copending application in view of Robertson.
Claim 11 of the application corresponds to claim 1 of the copending application in view of Robertson Figs. 5, 6 and paragraph [0055].
Claim 12 of the application corresponds to claim 1 of the copending application in view of Robertson.
Claim 14 of the application corresponds to claim 11 of the copending application in view of Robertson.
Claim 15 of the application corresponds to claim 1 of the copending application in view of Robertson Figs. 5, 6 and paragraphs [0053]-[0059].
Claim 16 of the application corresponds to claims 1, 2 of the copending application in view of Robertson Figs. 5, 6 and paragraphs [0053]-[0059].
Claim 17 of the application corresponds to claim 1 of the copending application in view of Robertson Figs. 5, 6 and paragraphs [0053]-[0059].
Claim 18 of the application corresponds to claim 1 of the copending application in view of Robertson Figs. 5, 6 and paragraph [0056].
Claim 19 of the application corresponds to claim 11 of the copending application in view of Robertson Figs. 5, 6 and paragraph [0056].
Claim 13 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of copending Application No. 18/670,904 in view of Robertson (US 2022/0031569), in view of Liu et al. (US 2016/0334694), herein Liu.
Consider claim 13, the copending claims combined with Robertson clearly teach the compression member.
However, the copending claims combined with Robertson do not explicitly teach the compression member comprises a threaded ring.
In an analogous art, Liu, which discloses an endoscope system, clearly teaches the compression member comprises a threaded ring. (Figs. 5, 6: Seal ring 29 is compressed by sealing nut 31, [0025].)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the copending claims combined with Robertson by the compression member comprises a threaded ring, as taught by Liu, to achieve the predictable result of sealing the connection.
Conclusion
In the case of amending the claimed invention, applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN R SCHNURR whose telephone number is (571)270-1458. The examiner can normally be reached M-F 6a-4p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at (571)272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN R SCHNURR/Primary Examiner, Art Unit 2425