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.
(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) 11-19 and 22-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morrissey, et al. (“Morrissey”) (U.S. Pub. 2022/0184599).
Regarding claims 11 and 28, Morrissey discloses a transfer port for transferring a fluid (¶ [0030]: biological fluids) from a fluid reservoir (¶ [0018]: bag) to a removal area (¶ [0018]: vial) through a passage (120), the transfer port comprising:
the passage which is arranged in a passage plane (co-planar with 102), the passage comprising a passage axis which is arranged substantially orthogonal to the passage plane;
a transfer hose (168a) which is arranged within the passage, the transfer hose being configured to guide the fluid, the transfer hose comprising an outlet end which is configured to be pulled out of the passage from a stowed position within the passage to a removal position outside the passage so that the outlet end can be manipulated in the removal position outside the passage and the fluid can be transferred through the passage via the outlet end of the transfer hose (¶ [0030]); and
an elastic spring element (166) which is mechanically connected to the transfer hose,
wherein,
the transfer hose elastically pretensions the elastic spring element in the removal position and the elastic spring element is at least partially relaxed in the stowed position so that, via the elastic spring element, the transfer hose is pulled back from the removal position into the stowed position when the transfer hose and thus the outlet end is arranged within the passage (¶ [0030]), and
the transfer hose, in the stowed position, is arranged in the passage in at least one of a spiral manner, a helical manner, and a meandering manner via the elastic spring element (¶ [0030]: “coiled”).
Regarding claim 12, Morrissey discloses the transfer hose, in the stowed position, is arranged in the passage in at least one of the spiral manner, the helical manner, and the meandering manner within the passage plane (120) via the elastic spring element. (¶ [0031]: “Because the yoke 160 houses the tubing 168, the tubing 168 is automatically retracted to a position behind the crown 100.”)
Regarding claim 13, Morrissey discloses the elastic spring element is guided along the transfer hose and is mechanically connected to the transfer hose (via 160) along a longitudinal extent of the transfer hose so that the elastic spring element is guided at least partially parallel to the transfer hose, and the elastic spring element is arranged in the passage (seen in Fig. 5).
Regarding claim 14, Morrissey discloses the elastic spring element is guided along the transfer hose and is mechanically connected to the transfer hose at one contact point or at several contact points (Fig. 4: 152) along the longitudinal extent of the transfer hose so that the elastic spring element is guided completely parallel to the transfer hose (seen in Fig. 4), and the elastic spring element is arranged in at least one of a spiral manner, a helical manner, and a meandering manner in the passage (spring is seen and a helical coil in Fig. 4).
Regarding claim 15, Morrissey discloses the elastic spring element is arranged in at least one of the spiral manner, the helical manner, and the meandering manner within the passage plane in the passage (spring is seen and a helical coil in Fig. 4).
Regarding claim 16, Morrissey discloses the elastic spring element is a wire-shaped bending spring (¶ [0020]: “the biasing element is an extension spring”).
Regarding claim 18, Morrissey discloses the transfer hose further comprises a connection piece (150) at the outlet end, and the connection piece is configured to establish a connection of the transfer hose (168a) to a removal device within the removal area (¶ [0030]: “vials”) so that, when the connection piece is connected, the transfer of the fluid to the removal device is possible via the connection piece which is sealed off from an environment of the removal area.
Regarding claim 19, Morrissey discloses a port cover (¶ [0025]: “door (not shown)”) arranged on the passage, the port cover being configured to close the passage (¶ [0036]: “At step 714, the robot closes the door.”)
Regarding claim 22, Morrissey discloses a holder (110) which geometrically corresponds to at least one of the outlet end and to the connection piece, the holder being associated with the passage and being configured to accommodate the outlet end. (seen in Fig. 1)
Regarding claim 23, Morrissey discloses the holder is configured to accommodate the connection piece (seen attached in Fig. 5) so that a removal of the connection piece from the holder is possible when the port cover is open.
Regarding claims 24 and 25, Morrissey discloses the holder is at least one of a clamp holder and a clip holder for the outlet end (¶ [0022]: holder uses screws to clamp connection piece to holder), and the at least one of the clamp holder and the clip holder is/are configured to enable a removal of the outlet end in a direction which is substantially parallel to the passage axis.
Regarding claim 26, Morrissey discloses a support device (Fig. 5: 100) which is arranged in a direction of the fluid reservoir, the support device being configured to have the holder be accommodated thereon (seen in Fig. 5).
Regarding claim 27, Morrissey discloses the transfer port is a liquid (¶ [0030]: “biological fluids”) transfer port.
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.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morrissey as applied to claim 16 above, and further in view of Watson, et al. (“Watson”) (U.S. Pub. 2016/0054345).
Regarding claim 17, Morrissey discloses a wire-shaped bending spring (166) but does not mention how it is formed or the material of manufacture.
Watson discloses a pipetting system and teaches that a biasing member (e.g., helical spring) may comprise a stainless spring steel. (¶ [0010])
Therefore, it would have been obvious matter of design choice to one with ordinary skill in the art, prior to the effective filing date of the claimed invention, to borrow the teachings of Watson to manufacture the spring of known materials, such as stainless spring steel, on the basis of their suitability for the intended use. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) MPEP 2144.07
Allowable Subject Matter
Claims 20 and 21 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.
Claim 20 requires the port cover is further arranged pivotably on the passage. Morrissey discloses a port cover (¶ [0025]: “door (not shown)”) on the passage but does not mention that the door is pivotably arranged on the passage and it would not have been obvious to modify Morrissey as required by the claim due to extensive redesign of the port and associated robotic handling equipment. Claim 21 depends from claim 20.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892, attached.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J MELARAGNO whose telephone number is (571)270-7735. The examiner can normally be reached Mon - Fri: 8 am - 5 pm +/- flex.
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/MICHAEL J. MELARAGNO/ Examiner, Art Unit 3754
/PAUL R DURAND/ Supervisory Patent Examiner, Art Unit 3754 February 9, 2026