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 .
Claims 4-5, 12 and 18 have been cancelled. Claims 1-3, 6-11, 13-17 and 19 are being treated on the merits.
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 6-10 and 15-16 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 6 lacks antecedent basis for “the connection member”. Should claim 6 depend from claim 3?
Regarding claim 15, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. By analogy, see MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6-11, 13-15 and 17 (6-10 and 15 as understood) is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by March (US 2015/0025483), which discloses:
1. A valve for a urostomy appliance including:
a body (28) for connection to the urostomy appliance (10),
an inlet (upstream side of 46, see FIG 10B) and an outlet (downstream side of 46/48; alternatively 92), connected by a flow path (56), and
a closure arrangement (30) which is moveable between a closed position, in which the closure arrangement blocks the outlet, such that liquid cannot flow through the outlet (as shown in FIG 10A), and an open position in which the outlet is open, such that liquid is permitted to flow out of the outlet (FIG 10B),
wherein the body includes a receiving formation (62) and the closure arrangement is detachably connectable to the receiving formation of the valve body via a corresponding engagement formation, the corresponding engagement formation including a projection (60) which is received by the receiving formation, such that the rotational movement of the closure arrangement is permitted and wherein the receiving formation resists removal of the corresponding engagement formation (e.g., para. 0048-0049).
2. A valve according to claim 1, wherein the closure arrangement is detachably connectable to the body in two different locations (at the left and right member 66, e.g., see FIG 10).
3. A valve according to claim 2 wherein the closure arrangement includes a connection member (the axial, tubular portion of 30, through which fluid flows) that detachably connects to the body.
6. A valve according to claim 1, wherein the receiving formation (the portion of the top wall of body 28 in which opening 62 is formed) is a first receiving formation and the body provides a second receiving formation (the portion of the bottom wall of body 28 in which is formed the opening through which 36 is inserted; see FIG 10A ) configured to receive a portion of the connection member.
7. A valve according to claim 6, wherein the first receiving formation is located on a first side of the body (the top side, FIG 10A) and the second receiving formation is located on a second side (the bottom side, FIG 10A).
8. A valve according to claim 7, wherein the first and second sides are on opposing sides of the body (the top and bottom).
9. A valve according to claim 6, wherein the first and / or second receiving formation includes a recess (38 is a recess and is formed by the top and bottom walls, which are the first and second receiving formations, respectively).
10. A valve according to claim 9, wherein the first and / or second receiving formation further includes a channel (46) leading to the recess.
11. A valve according to claim 3, wherein the closure arrangement (30) includes:
a closure body (the valving portion formed at 52, 54) and the connection member (the axial, tubular portion of 30, through which fluid flows) includes an elongate portion that extends from away from the closure body (the lower portion of the connection member extends down away from the valving portion, see FIGS 1, 10A, 10B).
13. A valve according to claim 11, wherein the closure body includes a gripping portion (the closure body is read to also include 68) to aid a user moving the closure arrangement to its open position and / or closed position (para. 0049).
14. A valve according to claim 11, wherein the elongate portion is formed from an elastic or resiliently deformable material, so that the connection between the closure arrangement and the body is flexible (materials discussed at paras. 0049-0052; note that plastic and polymeric materials inherently have some elasticity).
15. A valve according to claim 1, wherein the closure arrangement (30) includes a bung portion (94/95; alternatively 94) which is positioned in the outlet when the closure arrangement is in its closed position (see para. 0057) and preferably, the bung portion is held in the outlet by a friction / push fit (as understood).
17. A valve according to claim 1, wherein the connection between the closure arrangement and the body is rotatable (e.g., para. 0049).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 16 as understood is/are rejected under 35 U.S.C. 103 as being unpatentable over March.
March discloses the invention as claimed with exception to the bung portion (94) including a flange. However flanged bungs (i.e., flanged/barbed plugs) were well known in the art before the effective filing date (official notice) and it would have been obvious to use a flange with March’s bung portion in order to create a more resilient seal.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over March in view of Leise (US 6,726,667),
March discloses a urostomy or ileostomy appliance including: .
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 11,957,615 discloses a similar urostomy valve with opposed clasps for securing the valve to the bag.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM M MCCALISTER/Primary Examiner, Art Unit 3753
12/12/25