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 .
Drawings
The drawings are objected to because leadlines cannot share reference numerals. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "10" and "13" have both been used to designate a female coupler matable end; and reference characters "10" and "13" have both been used to designate a male coupler matable end. 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. 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.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 124-125, 128, 130, 131, 134-137 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4-13 of U.S. Patent No. 11992646. Although the claims at issue are not identical, they are not patentably distinct from each other because the method of using or making a connector system are essentially the same subject matter.
Claims 124-125, 128, 130, 131, 134-137 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4-13 of U.S. Patent No. 10583281. Although the claims at issue are not identical, they are not patentably distinct from each other because the method of using or making a connector system are essentially the same subject matter.
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) 124, 125, 127-131 and 133-135 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20110204622, Lewis.
In regards to claim 124, Lewis discloses a method of using a connector system for releasably connecting tubes, comprising: obtaining said connector system (see Fig.1) comprising: a female coupler (206) having a first passageway; a male coupler (102) having a second passageway; and a catch assembly (200) comprising: a catch movably coupled to said female coupler; and a catch-biasing member comprising a pair of resiliently flexible arms (see Fig. 10 below) which outwardly extend from said catch; said catch assembly comprising a one-piece construct; coupling a first tube (144) to said female coupler; coupling a second tube (104) to said male coupler; and releasably coupling said female and male couplers to achieve a connected condition of said connector system in which said first and second passageways dispose in fluidic communication to provide a fluid flow path ([0004]).
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In regards to claim 125, Lewis discloses said male coupler comprises a catch- receiving element (124); wherein upon releasable coupling of said female and male couplers, said catch engages with said catch-receiving element to fix a position of said female coupler in relation to said male coupler, thereby achieving said connected condition of said connector system.
In regards to claim 127, Lewis discloses flowing fluid through said fluid flow path ([0053]).
In regards to claim 128, Lewis discloses comprising disengaging said catch from said catch-receiving element to achieve a disconnected condition of said connector system.
In regards to claim 129, Lewis discloses forcibly urging a release element (215) configured to disengage said catch from said catch-receiving element to achieve said disconnected condition of said connector system.
In regards to claim 130, Lewis discloses method of using a connector system for releasably connecting tubes, comprising: obtaining said connector system comprising: a female coupler having a first passageway; a male coupler having a second passageway; and a catch assembly comprising: a catch movably coupled to said female coupler; and a catch-biasing member comprising a pair of resiliently flexible arms which outwardly extend from said catch; said catch movably coupled to said female coupler such that said catch is capable of inward movement toward a female coupler inner space (see Fig. 13) defined by a female coupler inner surface of said female coupler, and outward movement away from said female coupler inner space; coupling a first tube to said female coupler; coupling a second tube to said male coupler; and releasably coupling said female and male couplers to achieve a connected condition of said connector system in which said first and second passageways dispose in fluidic communication to provide a fluid flow path.
In regards to claim 131, Lewis discloses said male coupler comprises a catch- receiving element; wherein upon releasable coupling of said female and male couplers, said catch engages with said catch-receiving element to fix a position of said female coupler in relation to said male coupler, thereby achieving said connected condition of said connector system.
In regards to claim 133, Lewis discloses flowing fluid through said fluid flow path.
In regards to claim 134, Lewis discloses disengaging said catch from said catch-receiving element to achieve a disconnected condition of said connector system.
In regards to claim 135, Lewis discloses forcibly urging a release element configured to disengage said catch from said catch-receiving element to achieve said disconnected condition of said connector system.
Claim(s) 124, 125, 127-131, 133-137 and 139-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20150076815, Lombardi.
In regards to claim 124, Lombardi discloses a method of using a connector system for releasably connecting tubes, comprising: obtaining said connector system comprising: a female coupler (160) having a first passageway; a male coupler (12) having a second passageway; and a catch assembly (16) comprising: a catch movably coupled to said female coupler; and a catch-biasing member comprising a pair of resiliently flexible arms (122) which outwardly extend from said catch; said catch assembly comprising a one-piece construct; coupling a first tube to said female coupler; coupling a second tube to said male coupler (see Abstract); and releasably coupling said female and male couplers to achieve a connected condition of said connector system in which said first and second passageways dispose in fluidic communication to provide a fluid flow path ([0003]).
In regards to claim 125, Lombardi discloses said male coupler comprises a catch-receiving element (96); wherein upon releasable coupling of said female and male couplers, said catch engages with said catch-receiving element to fix a position of said female coupler in relation to said male coupler, thereby achieving said connected condition of said connector system.
In regards to claim 127, Lombardi discloses flowing fluid through said fluid flow path.
In regards to claim 128, Lombardi discloses comprising disengaging said catch from said catch-receiving element to achieve a disconnected condition of said connector system.
In regards to claim 129, Lombardi discloses forcibly urging a release element (166) configured to disengage said catch from said catch-receiving element to achieve said disconnected condition of said connector system.
In regards to claim 130, Lombardi discloses method of using a connector system for releasably connecting tubes, comprising: obtaining said connector system comprising: a female coupler having a first passageway; a male coupler having a second passageway; and a catch assembly comprising: a catch movably coupled to said female coupler; and a catch-biasing member comprising a pair of resiliently flexible arms which outwardly extend from said catch; said catch movably coupled to said female coupler such that said catch is capable of inward movement toward a female coupler inner space (138) defined by a female coupler inner surface of said female coupler, and outward movement away from said female coupler inner space; coupling a first tube to said female coupler; coupling a second tube to said male coupler; and releasably coupling said female and male couplers to achieve a connected condition of said connector system in which said first and second passageways dispose in fluidic communication to provide a fluid flow path.
In regards to claim 131, Lombardi discloses said male coupler comprises a catch- receiving element; wherein upon releasable coupling of said female and male couplers, said catch engages with said catch-receiving element to fix a position of said female coupler in relation to said male coupler, thereby achieving said connected condition of said connector system.
In regards to claim 133, Lombardi discloses flowing fluid through said fluid flow path.
In regards to claim 134, Lombardi discloses disengaging said catch from said catch-receiving element to achieve a disconnected condition of said connector system.
In regards to claim 135, Lombardi discloses forcibly urging a release element configured to disengage said catch from said catch-receiving element to achieve said disconnected condition of said connector system.
In regards to claim 136, Lombardi discloses method of using a connector system for releasably connecting tubes, comprising: obtaining said connector system comprising: a female coupler having a first passageway; a male coupler having a second passageway; and a catch assembly comprising: a catch movably coupled to said female coupler; and a catch-biasing member comprising a pair of resiliently flexible arms which outwardly extend from said catch; said catch responsive to a cam (162); and said cam provided by a release element which is movably coupled to said female coupler; coupling a first tube to said female coupler; coupling a second tube to said male coupler; and releasably coupling said female and male couplers to achieve a connected condition of said connector system in which said first and second passageways dispose in fluidic communication to provide a fluid flow path.
In regards to claim 137, Lombardi discloses said male coupler comprises a catch- receiving element; wherein upon releasable coupling of said female and male couplers, said catch engages with said catch-receiving element to fix a position of said female coupler in relation to said male coupler, thereby achieving said connected condition of said connector system.
In regards to claim 139, Lombardi discloses flowing fluid through said fluid flow path.
In regards to claim 140, Lombardi discloses forcibly urging said cam to disengage said catch from said catch-receiving element to achieve a disconnected condition of said connector system ([0058]-[0062]).
In regards to claim 141, Lombardi discloses forcibly urging said release element to disengage said catch from said catch-receiving element to achieve said disconnected condition of said connector system.
Allowable Subject Matter
Claims 126, 132 and 138 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M DUNWOODY whose telephone number is (571)272-7080. The examiner can normally be reached Monday - Friday 9:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON M DUNWOODY/Primary Examiner, Art Unit 3679