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 1-6 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 1 refers to a “most expanded state”. The scope of the claim is unclear because the requirements of “a most expanded state" is not clearly defined and/or supported by the originally filed specification.
Correction and/or clarification are required.
Claim 3 recites the limitation "the expansion process state" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the facing direction" in line 5. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by Nakazawa et al. (US 2006/0276762).
With reference to claim 1, Nakazawa et al. (hereinafter “Nakazawa”) discloses a containment vessel for a waste liquid suction device (abstract) that includes a storage container and a containment vessel [0009] having a containment chamber for containing at least part of the storage vessel [0066], wherein a waste liquid is suctioned by forming negative pressure in a space inside the containment chamber and outside the storage vessel [0044], the containment vessel having:
a restricting containment portion (see the region tightly adhered to storage vessel 600 in fig. 12) having a higher rigidity (disclosed as a rigid container in [0089]) than a restricted area set in advance in the storage container (disclosed as a bag) as an area that expands as recited [0132], wherein
the restricted region has flexibility (see the disclosure in [0111] of the material of sheets 603-605) capable of expanding as recited [0132]; and
the restricting containment part comprises a restriction surface that has a shape that follows the restricted region in a swelling process state so as to be able to be tightly adhered to the entire restricted region in the swelling process state between the contracted state and the maximum swollen state as set forth in [0132] and as shown in figure 12.
As to claim 2, Nakazawa discloses a containment vessel comprising a suction opening portion that opens into the containment chamber and is configured to connect to a suction passage to be connected to a suction source [0094]; and
a groove (11b) that extends from the suction opening portion along an inner surface of the containment vessel facing the containment chamber and opens toward the containment chamber as shown in figure 1.
Regarding claim 3, Nakazawa discloses a containment vessel wherein the storage container has a connection passage (15b) that connects an inside and an outside of the storage container (figure 1), and an air-permeable water-impermeable portion that is provided in the connection passage so as to close the connection passage and has air permeability and water impermeability [0074-0079],
the suction opening portion is provided at a position deviated from a connection opening of the connection passage opened to a side of the containment chamber in the storage container contained in the containment vessel and being in the expansion process state, and the groove extends along the inner surface of the containment vessel so as to be able to connect the suction opening portion and the connection opening as shown in figure 1.
With reference to claim 4, Nakazawa discloses a containment vessel wherein the storage container has a storage container body for storing the waste liquid [0033], and a passage forming member (31) fixed to both sheet portions in a state of being sandwiched between the pair of sheet portions facing each other in the storage container body in order to form a suction passage through the inside and the outside of the storage container body (figure 7), and
the containment vessel has a pair of containment members that is detachably connected to each other in a facing direction of the pair of sheet portions so as to expose a part of the passage forming member and sandwich the passage forming member, thereby containing the entire storage container body as discussed in [0072] and as shown in figures 2-3 and 11-12.
As to claim 5, Nakazawa discloses a containment vessel wherein the storage container body has a bonding portion where the pair of sheet portions is bonded to each other adjacent to the passage forming member [0098], and
each of the pair of containment members has a sandwiching portion for sandwiching the bonding portion of the storage container in the facing direction of the pair of sheet portions as shown in figures 2-3 and 11-12.
With reference to claim 6, Nakazawa discloses a waste liquid suction device comprising a storage container for storing a waste liquid and the containment vessel (abstract) and having the containment chamber for containing at least a part of the storage container, wherein a negative pressure is formed in a space outside the storage container in the containment chamber and inside the storage container to suck the waste liquid as set forth in [0044].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELE M KIDWELL whose telephone number is (571)272-4935. The examiner can normally be reached Monday-Friday, 7AM-4PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at 571-270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHELE KIDWELL/ Primary Examiner, Art Unit 3781
Prosecution Insights