DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/17/2026 has been entered.
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, 2, 3, 9 and 10 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 5, 7, 10 and 11 of prior U.S. Patent No. 8708376. This is a statutory double patenting rejection.
Claims 1-3 and 5-10 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 11635161. This is a statutory double patenting rejection.
Claims 1, 2, 4-7 and 10is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-7 of prior U.S. Patent No. 12104722. This is a statutory double patenting rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 1 recites, “wherein a ratio of the first taper angle and the second taper angle regulates an engagement force between the medium connector and the mating connector.” The original disclosure fails to adequately disclose exactly how the ratio of the first taper angle and the second taper angle regulates an engagement force between the medium connector and the mating connector. The original disclosure recites:
The ratio of first surface portion 110 and second surface portion 112 may be selected to regulate an engagement between medium connector 102 and mating connector 104.
[0029] Once first surface portion 110 engages corresponding sealing surface 114, further insertion of medium connector 102 relative to mating connector 104 may be attributable to the elastic and/or plastic deformation force of medium connector 102 in the region of first surface portion 110 and/or of mating connector 104 in the region of contact between corresponding sealing surface 114 and first surface portion 110 (e.g., as first surface portion 110 is forced into the progressively smaller opening provided by corresponding sealing surface 114), and the frictional interaction between first surface portion 110 and corresponding sealing surface 114 of mating connector 104.
[0030] As such, the ratio of first surface portion 110 and second surface portion 112 may be selected to regulate an engagement force between medium
connector 102 and mating connector 104. As discussed above, second surface portion 112 may be configured to provide a clearance fit with corresponding sealing surface 114, and as such may not contribute to the engagement force (e.g., the insertion force per increment of axial insertion) between medium connector 102 and mating connector 104. Therefore, the ratio of first surface portion 110 to second surface portion 112 may be increased to increase the engagement force between medium connector 102 and mating connector 104. Conversely, the ratio of first surface portion 110 to second surface portion 112 may be decreased to decrease the engagement force between medium connector 102 and mating connector 104.
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It is clear that once first surface portion 110 engages corresponding sealing surface 114, further insertion of medium connector 102 relative to mating connector 104 may be attributable to the elastic and/or plastic deformation force of medium connector 102 in the region of first surface portion 110 and/or of mating connector 104 in the region of contact between corresponding sealing surface 114 and first surface portion 110 (e.g., as first surface portion 110 is forced into the progressively smaller opening provided by corresponding sealing surface 114), and the frictional interaction between first surface portion 110 and corresponding sealing surface 114 of mating connector 104; and second surface portion 112 may be configured to provide a clearance fit with corresponding sealing surface 114, and as such may not contribute to the engagement force (e.g., the insertion force per increment of axial insertion) between medium connector 102 and mating connector 104. The original disclosure does not support a ratio of the first taper angle and the second taper angle regulating an engagement force between the medium connector and the mating connector. Therefore, the Examiner must conclude that the claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-4 and 8-10 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by US 5071413, Utterberg.
In regards to claim 1, in Figures 1-5A and paragraphs detailing said figures, Utterberg discloses a connector, comprising: a mating connector (42b) having an interior passage, a surface of said interior passage forming a sealing surface (near 46); and a medium connector (10) having an exterior surface and a passage there through for the flow of medium, wherein said exterior surface includes a first surface portion (24, a frustoconical male luer section defining a conical taper of 6 percent in accordance with ANSI specifications) having a first taper angle configured to engage with said sealing surface to form a seal, and a second surface portion (18) having a second taper angle configured to provide a clearance fit with said sealing surface, wherein a ratio of the first taper angle and the second taper angle regulates an engagement force between the medium connector and the mating connector.
In regards to claim 2, in Figures 1-5A and paragraphs detailing said figures, Utterberg discloses the regulation of engagement force ensures that the medium connector engages the mating connector at a pre-defined minimum insertion depth that creates full engagement between the medium connector and the mating connector.
In regards to claim 3, in Figures 1-5A and paragraphs detailing said figures, Utterberg discloses the second taper angle is greater than the first taper angle (with respect to any point of reference).
In regards to claim 4, in Figures 1-5A and paragraphs detailing said figures, Utterberg discloses the second surface portion is generally cylindrical.
In regards to claim 8, in Figures 1-5A and paragraphs detailing said figures, Utterberg discloses one or more retention features (34a-c).
In regards to claim 9, in Figures 1-5A and paragraphs detailing said figures, Utterberg discloses the one or more retention features include one or more snap-fit features.
In regards to claim 10, in Figures 1-5A and paragraphs detailing said figures, Utterberg discloses the sealing surface has a continuous 6% taper (see col. 6, lines 52-55).
Response to Arguments
Applicant's arguments filed 2/17/2026 have been fully considered but they are not persuasive.
Applicant argues that Utterberg does not disclose the exterior surface including a first surface portion having a first taper angle configured to engage with said sealing surface to form a seal, and a second surface portion having a second taper angle configured to provide a clearance fit with said sealing surface, wherein a ratio of the first taper angle and the second taper angle regulates an engagement force between the medium connector and the mating connector. The Examiner disagrees. Utterberg clearly illustrates the exterior surface including a first surface portion (24, a frustoconical male luer section defining a conical taper of 6 percent in accordance with ANSI specifications) having a first taper angle configured to engage with said sealing surface to form a seal, and a second surface portion (18) having a second taper angle configured to provide a clearance fit with said sealing surface, wherein a ratio of the first taper angle and the second taper angle regulates an engagement force between the medium connector and the mating connector, as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M DUNWOODY whose telephone number is (571)272-7080. The examiner can normally be reached Monday - Friday 9:00 am - 6:00 pm.
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/AARON M DUNWOODY/Primary Examiner, Art Unit 3679