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 .
Specification
Examiner suggests applicant update the status of parent U.S Patent Application No. 17/427,560 as follows:
-In Paragraph [0001], Line 2: After “2021,”, add “ now U.S. Patent No. 12,043,434, “.
Also, Examiner suggests applicant to make correction as follows:
-Paragraph [0024], Line 4: “FIGURES” should be change to “DRAWINGS”.
Claim Objections
Claim 20 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 19. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-14 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-14 of prior U.S. Patent No. 12,043,434. This is a statutory double patenting rejection.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
US 2003/0114788 A1 teaches a dual-filled twin bag, a package and a method for forming a package for administering a solution comprising two bags (10, 12) and tubing set (16) sandwiched between two bags (10, 12) and subsequently packaged in an overpouch (24) (see paragraph [0086]; Figures 2-3).
None of the prior art of record teaches or suggests a medical fluid container preparation system of claim 15 comprising:
a conveyor for conveying the medical fluid container, the medical fluid container placed within an overpouch;
a block located along the conveyor, the block including a groove that forces an open end of the overpouch to partially close, the partial closure forcing a desired quantity of air out of the overpouch; and
an overpouch welder positioned and arranged downstream of the block to weld closed the open end of the overpouch before the removed quantity of air can reenter the overpouch and a medical fluid container assembly of claim 17 comprising:
an overpouch;
a solution bag located within the overpouch, the solution bag made of a non-polyvinyl chloride (“non-PVC”) material; and
an amount of water injected into a space defined between the overpouch and the non-PVC solution bag, the amount of water provided for later steam sterilization within the space.
Claim 16 depends on allowable claim 15.
Claims 18-19 depend on allowable claim 17.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN KIM whose telephone number is (571)272-1142. The examiner can normally be reached Maxi Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, INSUK BULLOCK can be reached on 571-272-5954. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/John Kim/Primary Examiner, Art Unit 1772
JK
9/22/26
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