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 .
Election/Restrictions
Applicant's election with traverse of Invention 1, Species A1, B1 in the reply filed on 4/28/2026 is acknowledged. The traversal is on the ground(s) that Species A1-A4 should be grouped together in light of the only difference being the location of the ports or the addition of a pump. This is found persuasive and Species A1-A4 will be examined together as a single invention.
The requirement is still deemed proper and is therefore made FINAL.
Claims 8, 9, and 13-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention or Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4/28/2026.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gange (US 2019/0367859) in view of Serota (US 3213628).
Gange discloses a single-use flexible fluid container comprising: a flexible bag (12) having a bottom surface and one or more side surfaces (see Fig. 5A); a port or aperture formed in the bottom surface of the flexible bag (26); and a plurality of return ports disposed in one or more side surfaces or a bottom surface of the flexible bag (22s, para 0042); except does not expressly disclose each return port comprising a valve therein.
However, Serota teaches providing a similar bulk bag wherein the non-discharge port includes a check valve (col. 2, ll. 26) as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the check-valve taught by Serota to the ports taught by Gange, in order to prevent back-flow through the port as desired.
Gange as modified above results in a device wherein the plurality of return ports are located at the same elevation or height on the one or more side surfaces (see Fig. 4A); the plurality of return ports are located at different elevations or heights on the one or more side surfaces (when 4 ports are located from top onto side as discussed in para 0042); the valve disposed in each return port comprises a check-valve (Serota col. 2, ll. 26); one or more inlet ports or vent ports disposed in one or more of the side surfaces (one of 22; para 0042); the one or more inlet ports or vent ports are located at a higher elevation or height than the plurality of return ports (when 4 ports are located from top onto side as discussed in para 0042);
Claim(s) 7 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gange (US 2019/0367859) in view of Serota (US 3213628) as applied to claims 1+ above, and further in view of Ness (US 20120073818).
Gange as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the pump having a plurality of outlets with return as claims.
However, Ness teaches providing a fluid vessel outlet with a pump (28, 29, 19, 20, 21, 22, 23, 24) having an inlet and a plurality of outlets (either side of 24), wherein the inlet of the pump is in fluid communication with the port or aperture formed in the bottom surface of the vessel and wherein one or more of the plurality of outlets are connected to respective conduits or tubing that connect to one or more of the plurality of return ports (26).
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the pump with outlets and return as taught by Ness to the fluid vessel taught by Gange as modified above, in order to allow recirculating of the tank contents as taught by Ness (Abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER N. HELVEY whose telephone number is (571)270-1423. The examiner can normally be reached Monday-Friday 10am-7pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER N HELVEY/Primary Examiner, Art Unit 3734
June 28, 2026
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