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
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.
Claim(s) 1-6, 11-15, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Romano et al (US 2007/0244451).
Regarding Claim 1, Romano discloses a fluid collection system (Figs. 1-3, 30-35; ¶ [0003]) comprising:
a canister (2, Figs. 1-3, 30-35) having a cavity (inner housing space 2a, Fig. 2a) and an open end (open end at contact surface 2b, Fig. 2a);
a lid (4, Figs. 1-3, 30-35) movable between an open position and a closed position in which the lid is sealed against a perimeter of the open end of the canister (¶ [0073] the lid can be removed from the canister and replaced on the canister), the lid (4, Figs. 1-3, 30-35) including an opening (opening visible in Fig. 2a, where flush plug 7 and thrust handle 6 are placed) therein; and
a fluid receptacle comprising a liner (bottle 14, Figs. 1-3, 30-35) coupled to a fitment assembly (7, Figs. 2a, 35; ¶ [0093]), the liner (14, Figs. 1-3, 30-35) and the fitment assembly (7, Figs. 2a, 35) defining a fluid chamber (interior space of bottle), and the fitment assembly (7, Figs. 2a, 35) including a fluid port (inflow ports 7a, 7b, Fig. 35) through which a fluid enters the fluid chamber (¶ [0184-0185]) and a pour spout (outflow ports 7c/7d, Fig. 35) through which the fluid exits the fluid chamber (¶ [0184-0185]; fluid is fully capable of being poured out via the outflow port), and wherein a portion of the fitment assembly (7, Figs. 1-3, 30-35) including the fluid port (7a, 7b, Fig. 35) and the pour spout (7c, 7d, Fig. 35) is configured to sealingly engage the opening in the lid (4, Figs. 1-3, 30-35) when the fluid receptacle is positioned within the cavity (2a, Fig. 2a; ¶ [0175]).
Regarding Claim 12, Romano discloses a fluid receptacle for use with a fluid collection system (Figs. 1-3, 30-35; ¶ [0003]) including a cavity (2a, Fig. 2a) and a lid (4, Figs. 1-3, 30-35) having an opening (opening visible in Fig. 2a, where flush plug 7 and thrust handle 6 are placed), the fluid receptacle comprising
a liner (bottle 14, Figs. 1-3, 30-35); and
a fitment assembly (7, Figs. 2a, 35) coupled to the liner (14, Figs. 1-3, 30-35; ¶ [0093]), the liner (14, Figs. 1-3, 30-35) and the fitment assembly (7, Figs. 2a, 35) defining a fluid chamber (interior space of bottle), the fitment assembly (7, Figs. 2a, 35) including:
a fluid port (inflow ports 7a, 7b, Fig. 35) through which a fluid enters the fluid chamber (¶ [0184-0185]); and
a pour spout (outflow ports 7c/7d, Fig. 35) through which the fluid exits the fluid chamber (¶ [0184-0185]; fluid is fully capable of being poured out via the outflow port); and wherein a portion of the fitment assembly (7, Figs. 1-3, 30-35) including the fluid port (7a, 7b, Fig. 35) and the pour spout (7c, 7d, Fig. 35) is configured to sealingly engage the opening in the lid (4, Figs. 1-3, 30-35) of the fluid collection system when the fluid receptacle is positioned within the cavity (2a, Fig. 2a; ¶ [0175]) of the fluid collection system.
Regarding Claim 19, Romano discloses a fluid collection system (Figs. 1-3, 30-35; ¶ [0003]) comprising:
a canister (2, Figs. 1-3, 30-35) having a cavity (inner housing space 2a, Fig. 2a) and an open end (open end at contact surface 2b, Fig. 2a);
a lid (4, Figs. 1-3, 30-35) movable between an open position and a closed position in which the lid is sealed against a perimeter of the open end of the canister (¶ [0073] the lid can be removed from the canister and replaced on the canister), the lid (4, Figs. 1-3, 30-35) including an opening (opening visible in Fig. 2a, where flush plug 7 and thrust handle 6 are placed) therein; and
a fluid receptacle comprising a liner (bottle 14, Figs. 1-3, 30-35) coupled to a fitment assembly (7, Figs. 2a, 35; ¶ [0093]), the liner (14, Figs. 1-3, 30-35) and the fitment assembly (7, Figs. 2a, 35) defining a fluid chamber (interior space of bottle); and
a fitment support (stand 3, Figs. 1-3, 30-35) coupled to the canister (2, Figs. 1-3, 30-35) and configured to extend into the cavity (2a, Fig. 2a), the fitment support (3, Figs. 1-3, 30-35) including a first prong (3a, Fig. 2a) and a second prong (3b, Fig. 2a) configured to support the fluid receptacle (Fig. 33; ¶ [0182]).
Regarding Claims 2 and 13, Romano discloses the fitment assembly (7, Figs. 1-3, 30-35) includes a base and a protrusion (see Image 1) extending from the base, wherein the fluid port (7a, 7b, Fig. 35) and the pour spout (7c, 7d, Fig. 35) are positioned on the protrusion (see Image 1), and wherein the protrusion sealingly engages the opening in the lid (4, Fig. 2a; the protrusion sealingly engages the opening in the lid as best seen in Fig. 29).
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Image 1: Annotated Fig. 35 of Romano
Regarding Claims 3 and 20, Romano discloses the fitment assembly (7, Figs. 1-3, 30-35) is removably coupled to the opening in the lid (4, Fig. 2a; ¶ [0073]).
Regarding Claim 4, Romano discloses a fitment support (stand 3, Figs. 1-3, 30-35) coupled to the canister (2, Figs. 1-3, 30-35) and configured to extend into the cavity (2a, Fig. 2a), the fitment support (3, Figs. 1-3, 30-35) including a first prong (3a, Fig. 2a) and a second prong (3b, Fig. 2a) configured to support the fluid receptacle (Fig. 33; ¶ [0182]).
Regarding Claims 5 and 14, Romano discloses the fitment assembly (7, Figs. 1-3, 30-35) includes a first surface (see Image 1) having the fluid port (7a, 7b, Fig. 34) and the pour spout (7c, 7d, Fig. 35) and a second surface opposite the first surface, and wherein a rib extends from at least a portion of the second surface (see Image 1).
Regarding Claims 6 and 15, Romano discloses the liner (14, Figs. 1-3, 30-35) is coupled to the rib (see Image 1; the liner is coupled to the rib via the flush plug itself; ¶ [0073]).
Regarding Claim 11, Romano discloses the canister (2, Figs. 1-3, 15a, 30-35) includes a groove (canister lip 2f, Fig. 15a) surrounding the open end configured to sealingly receive a rib (lid lock 4r, Fig. 15a) extending along a perimeter of the lid (4, Figs. 1-3, 15a, 30-35; ¶ [0142]).
Claim Rejections - 35 USC § 103
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) 7, 8, 16, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Romano et al (US 2007/0244451) in view of Schultz et al (US 7955318).
Regarding Claims 7, 8, 16, and 17, Romano is silent whether a diameter of the pour spout is larger than a diameter of the fluid port, and wherein a flow rate of fluid through the pour spout is higher than a flow rate of fluid through the fluid port.
Schultz teaches a medical canister, thus being in the same field of endeavor, with a pour spout with a diameter larger than the diameter of the fluid port (Col. 9 lines 36-48; the pour spout is larger than the narrow-bore vacuum ports). This large bore opening allows for the container to be emptied easier by pouring from the pour spout.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pour spout of Romano to have a diameter larger than the diameter of the fluid port, as taught by Schultz, to facilitate emptying the canister by pouring from the pour spout. Since the diameter of the pour spout of Romano/Schultz is larger than the diameter of the fluid port of Romano/Schultz, the flow rate of fluid through the pour spout is inherently higher than the flow rate through the fluid port.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Romano et al (US 2007/0244451) in view of Nehring (US 4681571).
Regarding Claim 9, Romano further discloses the canister (2, Figs. 1-3, 30-35), the lid (4, Figs. 1-3, 30-35), and the fluid receptacle (14 and 7, Figs. 1-3, 30-35) form an interstitial chamber therebetween.
Romano is silent whether the canister includes an interstitial vacuum port on a side of the canister.
Nehring teaches a vacuum canister, thus being in the same field of endeavor, with an interstitial vacuum port (42, Fig. 8) on a side of the canister (as seen in Fig. 8). Nehring indicates that the canister vacuum connection can be placed in either the top of the canister or the sidewall (Col. 5 lines 29-31).
Therefore, it would have been obvious to modify the canister of Romano to have an interstitial vacuum port on the side wall of the canister to cause suction into the receptacle, as taught by Nehring (Col. 5 lines 29-31). Nehring indicates that having the vacuum port in the sidewall of the canister is an obvious variant of having the vacuum port in the lid of the canister, and therefore one of ordinary skill would find it obvious to utilize the interstitial vacuum port of Nehring rather than the vacuum ports in the flush port of Romano (as motivated by Nehring Col. 5 lines 29-31).
Claim(s) 10 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Romano et al (US 2007/0244451) in view of Greter (US 6056730).
Regarding Claims 10 and 18, Romano further discloses the canister (2, Figs. 1-3, 30-35), the lid (4, Figs. 1-3, 30-35), and the fluid receptacle (14 and 7, Figs. 1-3, 30-35) form an interstitial chamber therebetween.
Romano is silent whether the fitment assembly includes a fluid chamber vacuum port configured to allow fluid communication between the fluid chamber and the interstitial chamber.
Greter teaches a vacuum canister, thus being in the same field of endeavor, with a fitment assembly (5, Figs. 1-3) includes a fluid chamber vacuum port (aperture 8, Figs. 1-3) configured to allow fluid communication between the fluid chamber (inside of bag B, Figs. 1-3) and the interstitial chamber (space A not occupied by bag B, Fig. 1; Col. 3 lines 7-33). This port allows suctioned air to be removed from the bag, providing extra space in the bag for liquid content (Col. 3 lines 7-33).
Therefore, it would have been obvious to modify the fitment assembly of Romano to include a fluid chamber vacuum port configured to allow fluid communication between the fluid chamber and the interstitial chamber, as taught by Greter, to allow suctioned air to be removed from the fluid chamber, providing extra space in the fluid chamber for liquid content (as motivated by Greter Col. 3 lines 7-33).
Conclusion
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/JESSICA ARBLE/ Primary Examiner, Art Unit 3781
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