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 § 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 2-5 and 26-28 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 2 recites the limitation "the cutting and welding device". There is insufficient antecedent basis for this limitation in the claim.
Claims 26-28 recites the limitation "the moving portion included in the moving device". There is insufficient antecedent basis for this limitation in the claim.
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) 1-5 and 16-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wood et al. (11980587).
Regarding claims 1 and 16, Wood discloses a system for a flexible liquid bag (26) having a fluid outlet tube to be cut and welded to a fluid inlet tube of a container (col. 7, lines 22-27; col. 140, line 66 to col. 141, line 3), the system comprising: a housing (1082 or 1700) sized to accept the flexible liquid bag in the housing, wherein the housing limits pressure change within the flexible liquid bag in the housing and further comprises a tube holding member (1088) to hold a proximal portion (1654) of the fluid outlet tube to restrict moving of the proximal portion of the fluid outlet tube with respect to the housing; and a tube attachment member (20, 354, 356, or 358) to attach to a distal portion of the fluid outlet tube outside the housing, to restrict moving of the distal portion of the fluid outlet tube with respect to the tube attachment member.
Regarding claims 2-4 and 23-30, although Wood discloses cutting and welding the tube (col. 7, lines 22-27; col. 70, line 61 to col. 71, line 3; col. 140, line 66 to col. 141, line 3), in accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, these limitations have not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e. a fluid tube, does not depend on its method of production, i.e. cutting and welding.
Regarding claim 5, the system further comprises a moving device to contact or push the welded portion to increase fluid flow through the welded portion (col. 145, line 62 to col. 146, line 30).
Regarding claim 17, Wood does not explicitly disclose the container contains a live cultured cell. It is noted, however, that claim 16, from which claim 17 depends, is directed to a handling kit for a flexible liquid bag having a fluid outlet tube to be moved by a moving device and to be cut and welded to a fluid inlet tube of a container. Claim 16 does not indicate the container forms a part of the handling kit. Therefore, claim 17 is not patentably distinct from Wood, which contains all the structure included in the handling kit. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 18, the handling kit further comprising a docking portion (1084 or 1702) to dock the housing to a platform supporting the tube cutting and welding device, and a housing receiving portion (1080 or 1748/1742) to receive another docking portion of another housing.
Regarding claim 19, the housing receiving portion includes a surface recess (1084 or 1706).
Regarding claim 20, the docking portion is to couple to a housing receiving portion (1080 or 1748/1742) of another housing to couple the housing and the other housing (Figs. 141 and 194).
Regarding claim 21, the fluid outlet tube or the fluid inlet tube are guided by a tube guiding member (934, 1812, 1898, 2134A, or 2434) to guide the fluid outlet tube or the fluid inlet tube to be placed with respect to the cutting and welding device.
Regarding claim 22, the tube guiding member includes a wider opening and a narrower tube accommodating portion (Fig. 151; col. 86, lines 59-61).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONNELL ALAN LONG whose telephone number is (571)270-5610. The examiner can normally be reached Mon - Fri 8AM-5PM.
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/DONNELL A LONG/Primary Examiner, Art Unit 3754