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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/24/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Truitt et al. (US 2009/0299300; hereafter Truitt) in view of Peters et al. (US 5,830,195; hereafter Peters).
In regard to claim 1, Truitt discloses an injection port assembly (2), comprising: a body (4) including a first mating structure (portion 10 of 4) and a second mating structure (16) configured to be coupled to the first mating structure (see at least Fig. 1), the body having a central body axis extending from a distal body end defined on the first mating structure to a proximal body end defined on the second mating structure (see central axis extending through 10 and 16); the first mating structure (10) including: a first mating structure proximal end (at 84); a radially outer proximally facing step (see step in Fig. 1 between “76” and “8”; not numbered but is clearly present); an external thread at (18; see par. [0027]) located between the first mating structure proximal end and the radially outer proximally facing step (see Fig. 1); and the second mating structure (16) including: an annular radially inner distally facing step (portion of 16 that abuts 84); a second mating structure distal end (distal end of 16); an internal thread (at 18; see par. [0027]) located between the second mating structure distal end and the radially inner distally facing step; and the first and second mating structures being configured to be coupled together by engagement of the internal thread with the external thread (see par. [0027].
Truitt fails to expressly disclose a first annular ratchet portion and a second annular ratchet portion and wherein the first and second annular ratchet portions prevent disengagement of the internal thread from the external thread after the first and second mating structures are coupled together.
In a similar art, Peters teaches that a part (4) of a female member (1) is provided with a pair or opposed radially directed lips(6) for engagement by a cap (7) having a cylindrical part provided with an internal screw thread (8) to enable the cap to be screwed onto the part by cooperation of the lips with the thread, wherein the female member includes a locking section (12) having longitudinal ratchet teeth (14) around its periphery, and carried by the cap is an elliptical collar (16) having inwardly directed pawls (17), such that the pawls engage the ratchet teeth to allow rotation of the cap about the member in the direction corresponding to forward screwing movement of the cap onto the part (4), and to prevent reverse rotation, i.e. in a direction to disengage the cap from the part (see column 3, line 53-column 4, line 20; figures 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Truitt with the features of Peters in order to provide a means for preventing inadvertent misconnection between the locking structures.
In regard to claim 2, Truitt discloses wherein: the first mating structure proximal end (at 84) abuts the annular radially inner distally facing step (portion of 16 abutting 84) of the second mating structure when the first and second mating structures are coupled together (see Fig. 1); and one of the annular radially inner distally facing step of the second mating structure and the first mating structure proximal end includes an annular groove, and the other of the annular radially inner distally facing step of the second mating structure and the first mating structure proximal end includes an annular ridge received in the annular groove to provide a seal between the first and second mating structures (16 and 10 form a groove and ridge structure that provides a seal between the two elements (see Fig. 1).
In regard to claim 3, Truitt discloses further comprising: an o-ring seal between the first and second mating structures (see par. [0027]).
In regard to claim 4, Truitt discloses, wherein: the o-ring seal is located between the radially outer proximally facing step of the first mating structure and the second mating structure distal end (see par. [0027]).
In regard to claims 5 and 6, Peters teaches wherein: the first annular ratchet portion (14) is located between the external thread (thread of 4) and the radially outer proximally facing step (at 13) and wherein: the second annular ratchet portion (17) is located between the internal thread (7) and the second mating structure distal end (distal end of 22). Furthermore, one of ordinary skill in the art would have recognized that the ratchet portions could be positioned at the recited location as a matter of routine design choice, because the particular placement of the ratchet portions would have been selected according to available space and desired engagement between the components, while allowing the ratchet portions to perform their known function with predictable results.
In regard to claims 7 and 8, the combination does not expressly teach wherein the first annular ratchet portion includes four and only four external ratchet teeth and wherein: the second annular ratchet portion includes four and only four internal ratchet teeth. However, one of ordinary skill in the art would have recognized that the number of ratchet teeth could be chosen by the artisan as a matter of routine design choice, because the number of the ratchet teeth would have been selected according to available space and desired engagement between the components, while allowing the ratchet portions to perform their known function with predictable results. The instant application fails to establish that four teeth works better than or to the exclusion of other numbers of teeth.
In regard to claim 9, Peters teaches wherein: the first annular ratchet portion includes a plurality of external ratchet teeth (14) and the second annular ratchet portion includes a plurality of internal ratchet teeth (17). Furthermore, one of ordinary skill in the art would have recognized that the ratchet portions could be positioned such that the first and second annular ratchet portions are configured such that the second mating structure bottoms out on the proximally facing step of the first mating structure just as the external ratchet teeth are engaged with the internal ratchet teeth as a matter of routine design choice, because the particular placement of the ratchet portions would have been selected according to available space and desired engagement between the components, while allowing the ratchet portions to perform their known function with predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE J STIGELL whose telephone number is (571)272-8759. The examiner can normally be reached M-F 9-5:30 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, Michael Tsai can be reached at 571-270-5246. 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.
THEODORE J. STIGELL
Primary Examiner
Art Unit 3783
/THEODORE J STIGELL/Primary Examiner, Art Unit 3783
