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
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) 1-5, 7-8, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Breuer-Thal et al. (20100022986).
Regarding claim 1, Breuer-Thal discloses an interface apparatus usable with a solution container and an irrigation apparatus, the interface apparatus comprising: a receiving portion (A’) configured to provide a sealed connection with a container interface of the solution container, wherein the receiving portion further comprises a spike interface therein (Fig. 6); and the spike interface includes a first fluid path (8) for providing fluid communication between the solution container and the irrigation apparatus via the interface apparatus (Fig. 6), wherein the receiving portion comprises engagement threads (Fig. 6) that are configured to provide threading engagement with threaded container engagement provisions of the container interface, and wherein the threading engagement causes the spike interface to pierce the solution container at the container interface as the interface apparatus is rotated with respect to the solution container.
Regarding claim 2, the spike interface has a tip configured to pierce a portion of the solution container, wherein the first fluid path is configured to fluidly communicate with the solution container when the solution container is pierced (Fig. 6).
Regarding claim 3, the spike interface includes a second fluid path (6), wherein the second fluid path is configured to provide the solution container with fluid communication to an atmosphere outside the solution container via a vent when the solution container is pierced by the spike interface.
Regarding claim 4, the vent further comprises at least one of a one-way valve, a membrane, or a sterile filter (par. 0019).
Regarding claim 5, the interface apparatus is configured to be installed onto the container interface of the solution container (par. 0039).
Regarding claim 7, the apparatus further comprising an irrigation port (10) configured interface with and provide fluid communication from the solution container to an irrigation apparatus connector.
Regarding claim 8, Breuer-Thal does not explicitly disclose the irrigation apparatus connector is an irrigation device spike, and wherein the irrigation apparatus connector is configured to provide the fluid communication from the solution container to the irrigation apparatus connector and irrigation apparatus when the irrigation device spike is pressed into the irrigation port. However, a recitation of the intended use (i.e., an irrigation port configured interface with and provide fluid communication from the solution container to an irrigation apparatus connector) of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 20, Breuer-Thal discloses a method for providing a fluid path from a solution container to an irrigation device, the method comprising: connecting a receiving portion (A’) of an interface apparatus to the solution container by puncturing a portion of the solution container with a spike interface of the interface apparatus (par. 0032), wherein puncturing a portion of the solution container with the spike interface establishes a fluid connection between the solution container and the irrigation apparatus via the interface apparatus (par. 0032, 0039), wherein the receiving portion further comprises engagement threads (Fig. 6) and the solution container further comprises engagement provisions, and wherein the method further comprises threadingly engaging the engagement threads of the receiving portion with the engagement provisions to provide a sealed interface between the interface apparatus and the solution container (par. 0039).
Allowable Subject Matter
Claim 9 is 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.
Claims 10-14 and 16-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art to the claimed invention is Andresen et al. (20230321344). Andresen fails to teach or suggest the receiving portion further comprises engagement threads that are configured to provide threading engagement with threaded container engagement provisions of the container interface, and wherein the threading engagement causes the spike interface to pierce the solution container at the container interface as the interface apparatus is rotated with respect to the solution container.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONNELL ALAN LONG whose telephone number is (571)270-5610. The examiner can normally be reached Mon - Fri 8AM-5PM.
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/DONNELL A LONG/Primary Examiner, Art Unit 3754
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