DETAILED ACTION
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
2. 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.
3. Claims 1-3 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7,097,057 (Classens).
Regarding claim 1, medical cap which closes an opening through which a liquid passes, the medical cap comprising:
a stopper (3) which is arranged inside a tubular mouth portion that forms the opening; and
a case (2) including a tubular inner wall (11, 14, and 18) which is arranged between the stopper and the mouth portion, a tubular outer wall (5) which surrounds the inner wall via a tubular space that houses the mouth portion and an upper wall (4) which is arranged above the mouth portion that is arranged at the tubular space, wherein the stopper includes an internal portion (17) which is surrounded by the inner wall and a lower portion (20) which is arranged between the upper wall and the mouth portion that is arranged at the tubular space.
Regarding claim 2, the lower portion is arranged between the mouth portion and the upper wall in a state of being in contact with both of the upper wall and the mouth portion that is arranged at the tubular space (see 20 in Fig. 8).
Regarding claim 3, the stopper includes a lower end portion (23; Fig. 4) which protrudes downward from a lower end of the inner wall, and the lower end portion is in contact with an inner circumferential surface of the mouth portion (not labeled but clearly seen in Fig. 8, noting it contacts the inner surface of the mouth portion of vial 30 on its radially outer side, and contacts the lower end of the inner wall on its radially inner side).
Regarding claim 9, a medical container comprising:
a container main body (30) including a tubular mouth portion which forms an opening through which a liquid passes and a housing portion which houses the liquid, and the medical cap according to claim 1 (see rejection of claim 1 above).
Allowable Subject Matter
4. Claims 10-12 are allowed.
5. Claims 4-8 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.
6. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, from which claims 5 and 6 depend, Classens fails to teach that the stopper further includes a connection portion which connects the lower portion to the internal portion via a through hole which penetrates through the case. While Classens teaches holes (25), they are not what connects the lower portion to the internal portion.
Regarding claim 7, Classens fails to teach that the inner wall and the upper wall form a root-side recessed portion which is recessed from an outer circumferential surface of the inner wall, and the root-side recessed portion houses a portion of the lower portion. No such recessed portion is taught that includes the upper wall.
Regarding claim 8, the internal portion of the stopper includes a large diameter portion which is surrounded by the inner wall and a small diameter portion smaller in outer diameter than the large diameter portion, the small diameter portion extends downward from a lower end of the large diameter portion, and a lower end of the inner wall is arranged at a position lower than the lower end of the large diameter portion and higher than a lower end of the small diameter portion. Classens teaches the opposite wherein the lower end has a larger diameter than any portion above.
Regarding claim 10, from which claims 11 and 12 depend, Classens at least fails to teach that a lower portion which is arranged between the upper wall and the mouth portion that is arranged at the tubular space and a connection portion which connects the lower portion to the internal portion via a through hole which penetrates through the case. While Classens teaches holes (25), they are not what connects the lower portion to the internal portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES N SMALLEY whose telephone number is (571)272-4547. The examiner can normally be reached M-F 9:00 am to 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES N SMALLEY/Examiner, Art Unit 3733
