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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “locking pin” in claim 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kellner (US20250017819A1).
Regarding claim 1, Kellner teaches a closure system for a medication container, an interior of which is accessible via a container opening configured in the form of a bottle mouth, comprising (fig.1 shows the closure assembly 10 for a medication container and fig.1 shows the container 1 with an interior that is accessible via the opening at the collar 6)
a bump cap with an annular lid having a central opening and on the outer circumference of which a number of latching elements are arranged which can be brought into engagement with an outer bead mounted circumferentially on the container opening (see annotated fig.4a and 4b of Kellner below for the bump cap with annular lid with a central opening and number of latching elements arranged which are brought into engagement with the outer bead mounted on the container opening as seen in fig.7c; it is noted that “number of latching elements” has not been assigned how many elements), and
a one-piece closure plug including a closure body that completely fills the central opening of the annular lid and can be brought into engagement therewith in a latching manner, wherein the closure body is designed configured as a duckbill valve (see annotated fig.4a and 4b for the one-piece closure and fig.7c shows the closure body completely fills the central opening of the bump cap and capable of being bought into engagement in a latching manner and body is can be configured as a duckbill valve ).
Annotated fig.4a and 4b of Kellner
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Kellner further teaches a radial sealing element integrally formed radially circumferentially on the closure body of the closure plug, the radial sealing element having a cross- section configured to a clear width of the container opening and is slightly larger than the clear width of the container opening with regard to the deformability of the material of the closure plug (see annotated fig.4a and 4b for a radial sealing element integrally formed radially circumferentially on the closure body of the closure plug, the radial sealing element having a cross- section capable of clearing the width of the container opening and is slightly larger than the clear width of the container opening with regard to the deformability of the material of the closure plug).
Regarding claim 3, the references as applied to claim 1 above discloses all the limitations substantially claimed. Kellner further teaches a retaining ring which can be slid on to the bump cap and which, in a position completely slid on to the bump cap, can be latchably fixed to the bump cap by a plurality of snap ribs (see annotated fig.4a and 4b above for the retaining ring which can be slid on the bump cap and latchably fixed to the bump cap by plurality of ribs).
Regarding claim 4, the references as applied to claim 3 above discloses all the limitations substantially claimed. Kellner further teaches wherein each snap rib is guided in a corresponding guide slot during a movement of an inner circumferential surface of the retaining ring relative to an outer circumferential surface, of the bump cap (see annotated fig.4a and 4b above for the guide slot corresponding to snap rib).
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Kellner further teaches a retaining collar formed on the bump cap surrounding the central opening for attachment of an associated closure cap (see annotated fig.4a and 4b above for the retaining collar on the bump cap surrounding the central opening for the closure cap).
Regarding claim 6, the references as applied to claim 5 above discloses all the limitations substantially claimed. Kellner further teaches wherein the closure cap includes a retaining ring having a pierceable sealing membrane that rests on the closure body in an assembled state when the closure system is assembled on the medication container (see annotated fig.4a and 4b for retaining ring with pierceable sealing membrane 72 that rests on the closure body when assembled).
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. Kellner further teaches a medicament container having an interior of which is accessible via a container opening configured in the form of a bottle mouth, which is provided with the closure system (see annotated fig.4a and 4b above for a medicament container having an interior which is accessible via container opening configured in a form of a bottle mouth which is provided with the closure system 10).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fabien (US12486083B2).
Regarding claim 1, Fabien teaches a closure system for a medication container, an interior of which is accessible via a container opening configured in the form of a bottle mouth, comprising (fig.3 shows the closure assembly for a medication container and fig.1 shows the container 1 with an interior is accessible via the opening at the collar 2)
a bump cap with an annular lid having a central opening and on the outer circumference of which a number of latching elements are arranged which can be brought into engagement with an outer bead mounted circumferentially on the container opening (see annotated fig.3 of Fabien below for the bump cap with annular lid with a central opening and number of latching elements arranged which are brought into engagement with the outer bead mounted on the container opening as seen in fig.1; it is noted that “number of latching elements” has not been assigned how many elements), and
a one-piece closure plug including a closure body that completely fills the central opening of the annular lid and can be brought into engagement therewith in a latching manner, wherein the closure body is designed configured as a duckbill valve (see annotated fig.3 for the one-piece closure and fig.1 shows the closure body completely fills the central opening of the bump cap and capable of being bought into engagement in a latching manner and body is can be configured as a duckbill valve ).
Annotated fig.3 of Fabien
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Claim Rejections - 35 USC § 103
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 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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 9 above and further in view of Aneas (US20100224632A1).
Regarding claim 10, the references as applied to claim 9 above discloses all the limitations substantially claimed. Kellner further teaches a filling needle (“This choice of material also ensures that the sealing element 24 can be pierced using a suitable instrument, such as a hollow needle, if necessary, i.e. if active ingredient is to be removed from the medication container 1.”-0041, Kellner). Kellner does not teach wherein a filling device for medicament container with an injector unto connected to a storage container for a substance to be filled.
Aneas does teach wherein a filling device for medicament container with an injector unto connected to a storage container for a substance to be filled (fig.1-7 show the process of a filling device 400 for the medication container with an injector unit which includes a needle and a storage container for the substance P that is getting taking out of medication container). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the medicament container disclosed by Kellner by adding the teaching of filling device as disclosed by Aneas in order to safely get the substance stored in the medicament container out and use it in a sterile way during medical procedures and it is known in the art to use syringes to get substances out of the container.
Allowable Subject Matter
Claims 7 and 8 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.
Conclusion
See PTO-892 for the prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/PRINCE PAL/Examiner, Art Unit 3735