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 12/16/2024 was filed after the mailing date of the Application on 12/16/2024. The submission 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 § 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, 3-5 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fink, Jr. et al. (US 5,365,973).
The recitation “medical device” is considered to be a name given the claimed device relative to its intended use. From M.P.E.P. §2111.02 (II):
If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir.1999). If a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed.Cir. 1997).
As evidenced by the explanation given below, the claimed structure finds their equivalents in the reference(s) applied. As such the device of Fink, Jr. et al. is readable as a “medical device”.
With regards to claim 1:
Fink, Jr. et al. discloses (refer to Fig. 1 below) a medical device comprising:
a device body (fuel tank, not shown) having an internal reservoir configured to receive a fluid (fuel);
a conduit (7) having a fill end (9) and a device end (11) with a conduit lumen extending therethrough, wherein the conduit comprises a weakened section (32) configured to separate the conduit;
a plug member (54) coupled to the device end (11) of the conduit and comprising a shaft section (57, 50) opposite to a plug section, where the device end (11) of the conduit is concentrically coupled to the shaft section (50, 57);
an elastic member (58) configured to move between an elastically restrained state and an expanded state.
With regards to claim 3:
Fink, Jr. et al. discloses the medical device of claim 1, further comprising an anchor structure (vehicle structure) coupled to the device body (fuel tank, not shown) and having an interior passage (fuel passage, not shown).
With regards to claim 4:
Fink, Jr. et al. discloses the medical device of claim 1, wherein the anchor structure is affixed to a wall of the device body (fuel tank, not shown).
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Fig. 1
With regards to claim 5:
Fink, Jr. et al. discloses the medical device of claim 1, wherein the anchor structure is affixed to a wall of the device body.
With regards to claim 8:
Fink, Jr. et al. discloses the medical device of claim 1, wherein the shaft section is located at least in part exterior to the internal reservoir.
Claim(s) 15, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brooks et al. (US 2020/0197206).
With regards to claim 15:
Brooks et al. discloses (refer to Fig. 2 and 3 below) a medical device comprising:
a device body (300) having an internal reservoir configured to receive a fluid, wherein the internal reservoir is configured to expand in size upon delivery of a fluid into the internal reservoir;
a conduit (116) having a fill end and a device end with a conduit lumen extending therethrough;
a plug member (122, 120) coupled to the device end of the conduit and comprising a shaft section (120) opposite to a plug section (122), where the device end of the conduit is concentrically coupled to the shaft section;
an elastic member (124) configured to move between an elastically restrained state and an expanded state.
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Fig. 2
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With regards to claim 19:
Brooks et al. discloses (refer to Fig. 2 and 3 above) a medical device comprising:
a device body (300) having an internal reservoir configured to receive a fluid, wherein the internal reservoir is configured to expand in size upon delivery of a fluid into the internal reservoir;
a conduit (116) having a fill end and a device end with a conduit lumen extending therethrough;
a plug member (122, 120) coupled to the device end of the conduit and comprising a shaft section (120) opposite to a plug section (122), where the device end of the conduit is concentrically coupled to the shaft section, wherein the shaft section is located completely interior to the internal reservoir;
an elastic member (124) configured to move between an elastically restrained state and an expanded state.
With regards to claim 20:
Brooks et al. discloses the medical device of claim 19, wherein the internal reservoir is configured to expand in size upon delivery of a fluid into the internal reservoir.
Allowable Subject Matter
Claims 2, 6-7, 9-14, and 16-18 are 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.
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 Minh Le, whose telephone number is 571-270-3805. The examiner can normally be reached on Monday-Friday (8:30AM-5:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Kenneth Rinehart can be reached at 571-272-4881 or Craig Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MINH Q LE/Primary Examiner, Art Unit 3753