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 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 and 2 is/are rejected under 35 U.S.C. 102a1 as being anticipated by U.S. Patent No. 5,839,596 to Zahn et al. (“Zahn”).
As to claim 1, Zahn teaches a fluid transfer fitment comprising: a tubular body (side wall 15) having a sealed first end (bottom 14) and a second end (Zahn Fig. 1 shows the end opposite the bottom 14 as a second end); a flanged member (top edge 16) extending from the second end of the tubular body to form a flanged opening having a width greater than a width of the tubular body (Zahn Fig. 1 shows the 16 has a width greater than the width of the side wall 15); a removable seal (can adapter 10) covering the flanged opening (Zahn Fig. 1 shows the can adapter 10 covers the opening at the top edge 16).
As to claim 2, Zahn teaches the fluid transfer fitment of claim 1, wherein the removable seal and the sealed first end define a void formed therebetween (Zahn Fig. 1 shows a void between the can adapter 10 and the bottom 14).
Allowable Subject Matter
Claims 3-17 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. PGPUB 2002/0093192 A1 to Matkovich discloses a fluid delivery system includes a connector assembly and a container for holding fluids.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.L.P/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733
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