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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 10, 276. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the targeted temperature management system (TTM) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 12,241,570. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same subject matter.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites, “an annular chamber extending between the first annular portion and the second annular portion, wherein the annular chamber is formed by the first annular portion sealing against an outer surface of the first connector and the second annular portion sealing against an outer surface of the second connector when a pressure between the sealing member and the first connector and the second connector is negative”. Claim 5 recites, “the second connector comprises an annular cavity enclosed at one end”. However, it is not clear the Examiner within the context of the claims how the second connector can simultaneously have an annular cavity enclosed at one end, and an annular chamber extending between the first annular portion and the second annular portion. The Examiner is unable to determine the metes and bounds of the claim.
Claim 1 recites, “an annular chamber extending between the first annular portion and the second annular portion, wherein the annular chamber is formed by the first annular portion sealing against an outer surface of the first connector and the second annular portion sealing against an outer surface of the second connector when a pressure between the sealing member and the first connector and the second connector is negative”. Claim 13 recites, “the sealing member includes a septum extending across the junction between the first connector and the second connector”. However, it is not clear the Examiner within the context of the claims how the sealing member can simultaneously have a septum extending across the junction between the first connector and the second connector, and an annular chamber extending between the first annular portion and the second annular portion. The Examiner is unable to determine the metes and bounds of the claim.
Claims 8-12 recite one of the first or second is coupled to a TTM system, or pressure being defined by the TTM system; however, it is not clear to the Examiner exactly what this means within the context of the claims. The original disclosure recites:
[00031] FIG. 1 illustrates a cross-sectional side view of a sealing member 100 coupled between representative fluid connectors, i.e., the first connector 116 and the second connect 117, in a connected state. A fluid lumen 113 extends longitudinally through the connectors 116, 117. The sealing member 100 is configured to provide a fluid seal between the first and second connectors 1 16, 1 17. In some embodiments, the sealing member 100 may define a primary seal between the connectors. In other embodiments, the sealing member 100 may define a secondary seal (i.e., a backup seal) between the first and second connectors 116, 117.
The fluid connector system is only a first and second connectors and a sealing member as described in the specification, so how can fluid connector system be one of the first or second coupled to a TTM system, or pressure being defined by the TTM system?
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4059293, Sipler.
In regards to claim 1, in Figures 1-2 and paragraphs detailing said figures, Siplier discloses a fluid connector system, comprising: a first connector (11) adjoining a second connector (11) at a junction; and a sealing member (10) coupled to the first connector and the second connector around the junction, the sealing member having an annular wall comprising: a first annular portion (13) configured to engage the first connector; a second annular portion (13) configured to engage the second connector; and an annular chamber extending between the first annular portion and the second annular portion, wherein the annular chamber is formed by the first annular portion sealing against an outer surface of the first connector and the second annular portion sealing against an outer surface of the second connector when a pressure between the sealing member and the first connector and the second connector is negative (This is an inherent characteristic when negative pressure is applied to sealing member even if the band clamp 20 are attached to the sealing member, because the atmospheric pressure outside of the sealing member is greater than the atmospheric pressure inside of the sealing member).
In regards to claim 2, in Figures 1-2 and paragraphs detailing said figures, Siplier discloses atmospheric pressure acting on the sealing member seals the first annular portion and the second annular portion against the first connector and the second connector, respectively.
In regards to claim 3, in Figures 1-2 and paragraphs detailing said figures, Siplier discloses the pressure between the sealing member and the first connector and the second connector is negative when a fluid pressure in a lumen through the first connector and the second connector is negative.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M DUNWOODY whose telephone number is (571)272-7080. The examiner can normally be reached Monday - Friday 9:00 am - 6:00 pm.
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, Matthew Troutman can be reached at 571-270-3654. 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.
/AARON M DUNWOODY/Primary Examiner, Art Unit 3679