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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 8 is objected to because of the following informalities:
---Claim 8 L2 recites “the post opening”. Notice that there is a lack of antecedent basis for this limitation. The Office suggests that the recitation is amended to “[[the]] a post opening”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 8-9, 11-15, 17-18 and 20 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Shaw US-20050090805.
Regarding claims 1-6, 8-9, 11-15, 17-18 and 20, in making and/or using the device of Shaw US-20050090805, Shaw teaches in Figs. 1-8 (see at least Fig. 2 and 5-6A) the limitations of:
---Claim 1. A fluid connector assembly (100), comprising: a first connector (104) comprising a first housing (122) having a first cavity (see the interior of housing 122), an inner rim (see the forward end of housing 122 that includes detents 118) forming a first opening (see the forward opening that receives connector 102) to the first cavity, a post (202) positioned in the first cavity and extending toward the first opening, and a first compressible member (320) surrounding the post, wherein opposing portions of the inner rim are separated by a slot (218, best shown in Fig. 6A which gives the housing flexibility); and a second connector (102) comprising a second housing (108 and 106) having a second cavity (see the interior), a plate (see the forward end of housing 108) forming a second opening (see the opening that receives a portion of post 202) to the second cavity, and a second compressible member (310) positioned in the second cavity and extending toward the second opening, wherein the slot permits the first housing to deflect when the second connector is coupled to the first connector (see at least Figs. 2 and 5-6A, housing 122 is configured to deflect and pivot to allow entry of the connector 102 and releasably securing the connector 102).
---Claim 2. The fluid connector assembly of Claim 1, wherein, when the second connector is coupled to the first connector by inserting the second housing into the first cavity, the opposing portions of the inner rim are configured to deflect outward (see at least Figs. 2 and 5-6A).
---Claim 3. The fluid connector assembly of Claim 1, wherein, when the second connector is coupled to the first connector, the plate displaces the first compressible member such that the second cavity is fluidically coupled to the first connector though a post opening (see opening 210 in the post, see at least Figs. 2 and 5-6A).
---Claim 4. The fluid connector assembly of Claim 3, wherein when the second housing is removed from the cavity, the first compressible member obstructs the post opening (see at least Figs. 2 and 5-6A).
---Claim 5. The fluid connector assembly of Claim 3, wherein when the second housing is removed from the cavity, second compressible member obstructs the second opening (see at least Figs. 2 and 5-6A).
---Claim 6. The fluid connector assembly of Claim 1, wherein, when the second connector is coupled to the first connector, the post extends through the second opening (see at least Figs. 2 and 5-6A).
---Claim 8. The fluid connector assembly of Claim 1, wherein the post comprises an inner channel (see the inner fluid path in the post 202, best shown in Fig. 3A) fluidically coupled to the post opening (see opening 210 in the post, see at least Figs. 2 and 5-6A).
---Claim 9. The fluid connector assembly of Claim 1, wherein the second compressible member comprises a third opening forming a position of a fluid path between the first connector and the second connector (see at least Figs. 2 and 5-6A, notice the opening formed in the compressible member 310 when the post 202 penetrates and allows fluid transfer between the connectors).
---Claim 11. A fluid connector assembly (100), comprising: a first connector (104) comprising a first housing (122) having a first cavity (see the interior of housing 122), an inner rim (see the forward end of housing 122 that includes detents 118) forming a first opening (see the forward opening that receives connector 102) to the first cavity, a post (202) positioned in the first cavity and extending toward the first opening, and a first compressible member (320) surrounding the post, wherein opposing portions of the inner rim are separated by a slot (218, best shown in Fig. 6A which gives the housing flexibility); and a second connector (102) comprising a second housing (108 and 106) having a second cavity (see the interior), an outer rim (110), and a plate (see the forward end of housing 108) forming a second opening (see the opening that receives a portion of post 202) to the second cavity, wherein when the second connector is inserted into the first cavity, engagement of the outer rim against the inner rim causes the first housing to deflect (see at least Figs. 2 and 5-6A, housing 122 is configured to deflect and pivot to allow entry of the connector 102 and releasably securing the connector 102).
---Claim 12. The fluid connector assembly of Claim 11, wherein, when the second connector is inserted into the first cavity, the opposing portions of the inner rim are configured to deflect outward (see at least Figs. 2 and 5-6A).
---Claim 13. The fluid connector assembly of Claim 11, wherein, when the second connector is inserted into the first cavity, the plate displaces the first compressible member such that the second cavity is fluidically coupled to the first connector though a post opening (see opening 210 in the post, see at least Figs. 2 and 5-6A).
---Claim 14. The fluid connector assembly of Claim 11, wherein, when the second connector is inserted into the first cavity, the post extends through the second opening (see at least Figs. 2 and 5-6A).
---Claim 15. The fluid connector assembly of Claim 11, wherein the second connector comprises a second compressible member (310) positioned in the second cavity and extending toward the second opening (see at least Figs. 2 and 5-6A).
---Claim 17. A method for providing a fluid connector assembly (100), the method comprising: providing a first connector (104) comprising a first housing (122) having a first cavity (see the interior of housing 122), an inner rim (see the forward end of housing 122 that includes detents 118) forming a first opening (see the forward opening that receives connector 102) to the first cavity, a post (202) positioned in the first cavity and extending toward the first opening, and a first compressible member (320) surrounding the post, wherein opposing portions of the inner rim are separated by a slot (218, best shown in Fig. 6A which gives the housing flexibility); and providing a second connector (102) that is couplable with the first connector to form a fluid path between the first connector and the second connector, the second connector comprising a second housing (108 and 106) having a second cavity (see the interior), a plate (see the forward end of housing 108) forming a second opening (see the opening that receives a portion of post 202) to the second cavity, and a second compressible member (310) positioned in the second cavity and extending toward the second opening, wherein the slot permits the first housing to deflect when the second connector is coupled to the first connector (see at least Figs. 2 and 5-6A, housing 122 is configured to deflect and pivot to allow entry of the connector 102 and releasably securing the connector 102).
---Claim 18. The method of Claim 17, wherein the second connector is couplable with the first connector by inserting the second housing through the first opening of the first connector (see at least Figs. 2 and 5-6A).
---Claim 20. The method of Claim 17, wherein, when the second connector is coupled to the first connector, the post extends through the second opening (see at least Figs. 2 and 5-6A).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent Desai US-12208230. Although the claims at issue are not identical, they are not patentably distinct from each other because the device of the claims of the patent either explicitly or implicitly anticipates all the limitations of the present application and/or any missing structure or detail would be obvious over the cited prior art. Notice that claims 1-20 of the current application broadly mirrors claims 1-20 of the patent which are more specific. Following the rationale in In re Goodman cited in the preceding paragraph, where the applicant has once been granted a patent containing a claim for the specific or narrower invention, the applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Note that since the claims of the application are anticipated by the claims of the patent and since anticipation is the epitome of obviousness, then the claims of the application are obvious over the claims of the patent. It is further noted that while claims 17-20 of the current application are written as “method claims”, they merely claim a method for providing certain structures which the device claims of the patent teaches said structures and as such in the act of making and/or using the device of the claims of the patent, the patent inherently teaches a method for providing said structure since the mere existence of a structure requires for something or someone to provide said structure. It is further noted that while the claims of the current application claims structure not explicitly claimed by the patent such as the inner rim, the first opening, the second cavity and the outer rim, it is also noted that many of these structures are inherent/implied structures that would be found in a finite tridimensional structure such as the first and second housings having cavities which would inherently include and an “rims” or end surfaces and “openings” defined by the cavities. Furthermore, any other missing detail would have been obvious over the cited prior art with at least Shaw US-12208230 teaching of a similar medical connector assembly comprising a first connector with a port/cannula surrounded by a compressible valve member and a second connector with a compressible valve member wherein the housing of the connectors include inner 118 and outer 110 rims capable of flexing to provide a means for releasably coupling the connectors that allows the connectors to quickly connect when the connectors are pushed together and selectively disconnect when either manually actuated by the user or automatically once a predetermined pulling force threshold is reached thus providing a dry-disconnect fluid coupling with a breakaway feature; and Doyle US-7044441 teaching of yet another example of a valved medical coupling assembly showing alternative valve structures such that one connector comprises a compressible valve member surrounded by post/cannula and the other connector comprises movable compressible valve member that is moved by the post to the open position when the connectors are coupled and movably biased to the closed position when the connectors are disconnected in order to achieve dry-disconnect similar to applicant’s invention.
Conclusion
The prior/relevant art made of record and considered pertinent to applicant's disclosure:
---Reference A (relevant art not considered “prior art” under US patent laws): Desai US-12208230.
---References B (Valved Couplings similar to applicant’s general invention): Ueda US-11491084, Kakinoki US-11207514, Sanders US-10744315, Fangrow US-9933094, Carrez US-9492649, Fangrow US-9168366, Tachizaki US-8974425, Edelman US-7658205, deCler US-7631660, Baldwin US-7396051, Doyle US-7044441, Vaillancourt US-7004934, Challender US-5492147, Kuriyama US-20230355946, Shaw US-20050090805, Wright US-20050015075, Bejhed EP-3960229, Fuchs US-11298518, Tsai US-11235135, Chen US-11123534, Chen US-20090001720, Fangrow US-7998134, Ueda US-10322274, Gagliardoni US-10286203, Yeh US-9409007, Imai US-9039047 and Erskine US-5820614.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID COLON-MORALES, whose telephone number 571-270-1741 and fax number is 571-270-2741. If the applicant has authorized internet communications via the filling of form PTO/SB/439, the examiner can be reached via email at david.colon-morales@uspto.gov , email communication is not permitted if the applicant has not filed an authorization for internet communication (see MPEP 502.03 for more details on internet communications). The examiner can normally be reached on Monday-Friday (7:30AM-3:30PM EST).
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/DAVID COLON-MORALES/Primary Examiner, Art Unit 3753