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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The title of the invention is not descriptive and includes a listing of numbers related to the application number. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “Medical valve with increased resistance to leakage”.
Claim Objections
Claim 1 is objected to because of the following informalities: In line 4, the term “the outside of the body” should read “an outside of the body”. Appropriate correction is required.
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 1-15 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 recites the limitation "these openings" in line 19. There is insufficient antecedent basis for this limitation in the claim. It is unclear if “these” openings refers to the “at least two openings” or to another set of openings. Appropriate correction is required.
Claim 1 recites the limitation "the one same first portion" in line 20. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 1 recites the limitation "all" in line 20. There is insufficient antecedent basis for this limitation in the claim. It is unclear as to what elements “all” refers to in the claim. Appropriate correction is required.
Claim 1 recites the limitation "its first position" in line 25. There is insufficient antecedent basis for this limitation in the claim. It is unclear as to what element “its” refers to in the claim. Appropriate correction is required.
Claim 1 recites the limitation "it" in line 25. There is insufficient antecedent basis for this limitation in the claim. It is unclear as to what element “it” refers to in the claim. Appropriate correction is required.
Claim 7 recites the limitation "referred to as" in line 7. The phrase "referred to as" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The term “referred to as” is indefinite and unclear as to what is the positively recited feature. Examiner suggests replacing the term “a dimension” with “a barrel thickness” and deleting the phrase “and referred to as the barrel thickness”.
Claim 7 recites the limitation "the barrel thickness" in line 7. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required as noted above.
Claim 8 recites the limitation "referred to as" in line 5. The phrase "referred to as" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The term “referred to as” is indefinite and unclear as to what is the positively recited feature. Examiner suggests replacing the term “a dimension” with “a barrel thickness” and deleting the phrase “and referred to as the barrel thickness”.
Claim 8 recites the limitation "the barrel thickness" in line 5. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required as noted above.
Claim 9 recites the limitation "referred to as" in line 5. The phrase "referred to as" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The term “referred to as” is indefinite and unclear as to what is the positively recited feature. Examiner suggests replacing the term “a dimension” with “a barrel thickness” and deleting the phrase “and referred to as the barrel thickness”.
Claim 9 recites the limitation "the barrel thickness" in line 5. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required as noted above.
Claim 11 recites the limitations "referred to as" in lines 6 and 12. The phrase "referred to as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The term “referred to as” is indefinite and unclear as to what is the positively recited feature. Examiner suggests replacing the term “an axial thickness” in line 6 with the term “a passage thickness”; and “an axial dimension” in line 12 with the term “a partition thickness”.
Claim 11 recites the limitation "the passage thickness" and “the partition thickness” in lines 6 and 12. There is insufficient antecedent basis for these limitations in the claim. Appropriate correction is required as noted above.
Claim 11 recites the limitation "it" in line 3. There is insufficient antecedent basis for this limitation in the claim and it is unclear as to which element the term “it” refers to in the claim. Appropriate correction is required.
Allowable Subject Matter
Claims 1-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record, WO 2016/166346; US 4807666 and the other art cited on the PTO-892 fails to disclose or render obvious a medical valve have the combination of features as claimed and in particular a body defining an internal volume and which is provided with at least three ports, and a plug which comprises a barrel which is tubular and includes a tubular wall that complements the interval volume of the body, where the tubular wall has, on either axial side of the passage, a greater internal thickness in a first portion than in the rest of the tubular wall, in addition to the passage and at least two openings which pass through the barrel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATRINA M STRANSKY whose telephone number is (571)270-3843. The examiner can normally be reached Monday-Friday 8:30 am-5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Barrett can be reached at (571)272-4647. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATRINA M STRANSKY/Primary Examiner, Art Unit 3700
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