DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Election/Restrictions
Applicant’s election without traverse of Species & in the reply filed on 11/12/2025 is acknowledged.
Election was made without traverse in the reply filed on 11/12/2025.
The status of the claims for this application is as follows.
Claims 21-40 are currently pending.
Claims 21-40 are newly added.
Claims 1-20 are cancelled.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/27/2024 was considered by the examiner.
Drawings
The drawings were received on 12/27/2024.
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) 21-39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shevitz (US 2017/210161).
At the outset the applicant is reminded that:
1. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997).
2. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
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Re Clm 21: Shevitz discloses in an aseptic fluid coupling (see Figs. 1A-15 and the Fig. above) comprising:
a main body (1000) defining a longitudinal axis (see the axial axis of 1001) and a bore (1001), wherein a fluid flow path is defined along the longitudinal axis (see above), the main body comprising:
a front face (1002);
an alignment post (1003); and
an alignment guide (1004) defining internal space (the hole of 1004) configured to slidably receive an alignment post of another aseptic fluid coupling when two of the aseptic fluid couplings are mated together (1004 is made to or is capable of slidably receive an alignment post of another aseptic fluid coupling when two of the aseptic fluid couplings are mated together, as the another aseptic fluid coupling is not a positively recited element of the claim),
wherein the alignment post and the alignment guide each include attachment features (the features which would allow them to stay connected with another aseptic fluid coupling, see above) whereby the alignment post latches with an engaged alignment guide and the alignment guide latches with an engaged alignment post (the alignment post and the engaged alignment guide is made to or is capable of functioning as claimed), wherein the alignment post and the alignment guide are offset from the longitudinal axis of the bore opposite to one another (see above);
a seal member (5) including a portion disposed within the bore (the portion within 1001) and a portion extending from the front face (see above) around the longitudinal axis (see above); and
a flexible membrane (9) attached to a portion of the front face around the seal member to block contaminants from entering the fluid flow path (see Fig. 13A);
wherein: (i) a centerline of the alignment post, (ii) a centerline of the alignment guide, and (iii) the longitudinal axis of the main body are coplanar (see above).
Re Clm 22: Shevitz discloses wherein the membrane comprises a tail end portion (the portion attached to 73) that is at an opposite end of the membrane in comparison to the portion attached to the front face (see Fig. 5).
Re Clm 23: Shevitz discloses wherein the membrane comprises a fold (folded at 50) portion of the membrane attached to the front face (see Figs. 4 and 5).
Re Clm 24: Shevitz discloses wherein, responsive to a pulling force at the tail end portion, the membrane is configured to roll off of the portion of the front face around the seal member (as a responsive to a pulling force at the tail end portion, the membrane is made to or is capable of rolling off of the portion of the front face around the seal member).
Re Clm 25: Shevitz discloses wherein the membrane is porous such that air can pass through the membrane (see page 18 line 10 through page).
Re Clm 26: Shevitz discloses wherein the flow path is between the alignment post and the alignment guide (see above).
Re Clm 27: Shevitz discloses wherein the attachment features of the alignment post include at least one groove (1005).
Re Clm 28: Shevitz discloses wherein the attachment features of the alignment post include at least one notch (1005).
Re Clm 29: Shevitz discloses wherein the attachment features of the alignment guide include at least one flexible latch member (21 when installed into 1004, see above).
Re Clm 30: Shevitz discloses wherein the alignment post extends parallel to the longitudinal axis (see above).
Re Clm 31: Shevitz discloses a protective cover (2000) that is releasably engageable with the main body (see above).
Re Clm 32: Shevitz discloses wherein the protective cover presses two layers of the membrane against the seal member while the protective cover is engaged with the main body (see Fig. 3F).
Re Clm 33: Shevitz discloses wherein the protective cover defines an opening (2001) aligned with the longitudinal axis while the protective cover is engaged with the main body (see above).
Re Clm 34: Shevitz discloses wherein the protective cover comprises at least one grip portion (21).
Re Clm 35: Shevitz discloses wherein the protective cover comprises a first grip portion (2101) and a second grip portion (2102), the first grip portion and the second grip portion are configured to pinch toward each other (during installation or 21 into 1004).
Re Clm 36: Shevitz discloses wherein the seal member comprises a waist portion (a portion in the longitudinal center that contains a concaved structure) between cylindrical end portions of the seal member (see above).
Re Clm 37: Shevitz discloses wherein the bore is between the alignment post and the alignment guide (see above).
Re Clm 38: Shevitz discloses wherein a distance between the longitudinal axis and the centerline of the alignment post is equal to a distance between the longitudinal axis and the centerline of the alignment guide (see above).
Re Clm 39: Shevitz discloses wherein the main body further comprises: a termination (3001) that is at an opposite end of the main body in comparison to the front face (see above); and a termination member (3000) that includes the termination (see above), and wherein the termination member extends into the bore (its thickness increase radially inwards into the bore in comparison with the thickness at the front face).
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.
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shevitz (US 2017/210161) as applied to claims 21-39 above.
Re Clm 40: Shevitz discloses the termination member in engagement with other portions of the main body (see above).
Shevitz fails to disclose that the disclosed termination member snaps into engagement with disclosed other portions of the disclosed main body.
Having a two part connection that snaps together allows for replacement of smaller components in the event of damage or failure saving time and money, can be easier to transport and assemble on cite, allows for a higher control of the quality of each individual part, and so on. Accordingly, the examiner is taking Office notice that it is old and well-known to have a plurality of components that can snap together, for the purpose of allows for replacement of smaller components in the event of damage or failure saving time and money, can be easier to transport and assemble on cite, allows for a higher control of the quality of each individual part, alternatively, such a structural arrangement would yield the same predictable result of forming a leak free structure to pass a fluid through.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device, to have the disclosed termination member snaps into engagement with disclosed other portions of the disclosed main body, with a reasonable expectation of success because the separation of one part into two parts is old and well-known, for the purpose of allows for replacement of smaller components in the event of damage or failure saving time and money, can be easier to transport and assemble on cite, allows for a higher control of the quality of each individual part, alternatively, such a structural arrangement would yield the same predictable result of forming a leak free structure to pass a fluid through.
Note that it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177,179.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents have structural features (snap connection) which are similar to the applicant’s claimed invention; US 5380049..
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A LINFORD whose telephone number is (571)270-3066. The examiner can normally be reached Monday thru Friday: 8:00 am to 5:00 pm Eastern Time.
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JAMES ALBERT LINFORD
Examiner
Art Unit 3679
02/19/2026
/Matthew Troutman/ Supervisory Patent Examiner, Art Unit 3679