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 Interpretation
Claim 40 depends form cancelled claim 18, and is also cancelled.
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 22,24-29,31,32,34-37, 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 22, recites the limitation "the container wall " in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 24, states “ease of access”, without any standard there is no way to determine the meets and bounds of this subjective limitation.
Regarding claim 25, the phrase "such that" 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).
Claim 26, recites the limitation "the free end face" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 26, recites the limitation "the conical contact surface at its free end" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 27 recites the limitation "the radial overflow channel" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 28, recites the limitations "the purpose , the resetting force, the valve body (101), original blocking position". There is insufficient antecedent basis for these limitations in the claim. Note Claim 28, does not make any sense?
Claim 29, recites the limitation "the blocking position" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 31, recites the limitation "the insert". There is insufficient antecedent basis for this limitation in the claim.
Claim 32, recites the limitation "the insert" twice. There is insufficient antecedent basis for this limitation in the claim.
Claim 34, recites the limitation "the insert" and :the inside”. There is insufficient antecedent basis for these limitations in the claim.
Claim 35, recites the limitation "the insert". There is insufficient antecedent basis for this limitation in the claim.
Claim 35, recites the limitation "the connection point and the other insert part , the separation point (17), the first insert part , the fluid-conducting connection (104), and the valve bod
Claim 36, recites the limitation "the free end face" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 37, recites the limitation "the free end face" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claims 21-39, rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention. Weiler Engineering (WO 2016/032814) (copy provided by applicant in file)
With respect to claim 21, Weiler (fig. 6) shows a container (90), comprising at least one plastics material (page 1, line 10), having a container part (94) for receiving a container content (liquids disclosed) and having a head part (92) which can be separated from the container part (94) along a separation point (17) and which is integrally connected to the container part (94) before separation, wherein the container has a valve device (98) which, in its closed position, blocks a fluid- conducting connection (104) into the container part (94) and, in its open position, releases this connection.
With respect to claim 22, Weiler shows wherein the valve device (98) is arranged inside the container (90) wall between the container part (94) and the head part (92), wherein, after separating the head part (92), the valve device (98) is exposed for actuation.
With respect to claim 23, Weiler shows wherein the valve device (98) comprises an actuatable valve body (101) for receiving the fluid- conducting connection (104), said valve body (101) blocking the fluid- conducting connection (104) in an original position under the influence of a resetting force (force of the spring).
With respect to claim 24, Weiler shows configured to allow ease of access (see 112) and not requiring the use of a cannula, needle or similar.
With respect to claim 25, Weiler shows wherein the valve body (101) is configured such that it is substantially rotationally symmetrical with respect to an actuation axis (vertical “z-axis”) and has a conically tapering contact surface (surface of 104) in the direction of a handle (112) to separate the head part (92).
With respect to claim 26, Weiler shows wherein a radially extending overflow channel (119) is provided on the free end face of the valve body (101), which transitions into the conical contact surface at its free ends.
With respect to claim 27, Weiler shows wherein beneath the conically extending contact surface (surface at 104), the valve body (101) is configured to be cylindrical and wherein individual overflow channels (119) are incorporated in a recessed manner in the corresponding cylindrical lateral surface, said overflow channels permitting a fluid connection (at 100)from the underside of the valve body (101) in the direction of the conical contact surface and in the direction of the radial overflow channel.
With respect to claim 28, Weiler shows wherein for the purpose of receiving the resetting force (see 112), the valve body (101) is at least partially deformable and/or can be reset to its original blocking position using a resetting device (spring).
With respect to claim 29, Weiler shows wherein the valve device (98) can be (this is not positive claim language, in other word it can be there, but not required, the structure is optional) actuated by a connection device and passes in such a way from the blocking position to an open position in which the fluid-conducting connection (104) is established for the purpose of removing and/or introducing a fluid from or into the container part (94).
With respect to claim 30, Weiler shows wherein the valve device (98) comprises an insert (107), which comprises a connection point (106) to attach the connection device such that it can be detached again.
With respect to claim 31, Weiler shows wherein the insert (107) has a hollow-cylindrical wall part, which is integrally penetrated by a transverse wall at the foot or bottom side, said wall having a plurality of fluid passage points (the fluid passes the insert 107) as part of the fluid-conducting connection (104).
With respect to claim 32, Weiler shows wherein, when the container (90) is in the closed state, the insert extends between adjacent wall parts of the container part (94) and the head part (92) and wherein the separation point (17) surrounds the insert on its outer circumferential side.
With respect to claim 33, Weiler shows wherein, when the head part (92) is removed, the connection point and access to the valve device (98) are exposed.
With respect to claim 34, Weiler shows wherein the insert (107) is securely connected to the inside of the container part (94).
With respect to claim 35, Weiler shows wherein the insert (107) is configured to be multi-part, and wherein one insert part comprises the connection point (106) and the other insert part (107)(see also 112 rejections), supporting the separation point (17), at least partially surrounds the first insert part and comprises at least one through opening as part of the fluid-conducting connection (104), said opening establishing a permanent connection between the container part (94) and a valve chamber with the valve body (101).
With respect to claim 36, Weiler shows wherein, after removing the head part (92), the free end face of the valve device (98) is freely accessible.
With respect to claim 37, Weiler shows wherein, after removing the head part (92), the free end face of the valve device (98) comprises a removable cover (100).
With respect to claim 38, Weiler shows a multi-component system for a container (90), comprising a valve device (98) with a valve body (101), said valve device (98) being received in an insert (107).
With respect to claim 39, Weiler shows wherein the insert (104) comprises a connection point (106) for attaching a connection device (any device the connection point is inserted into).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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, Orlando E Aviles-Bosques can be reached at 571 270-5531. 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.
/SHAWN M BRADEN/Primary Examiner, Art Unit 3736
Prosecution Insights