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 .
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.
Claim(s) 22 – 31 and 36 - 38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yan et al. (20210186814; cited prior art).
Regarding claim 22, the Yan et al. reference discloses an adaptor (connector 2, see Fig. 1) configured to be connected to a first container (60, see Fig. 7) of a fluid transfer system and to facilitate fluid communication therethrough between the first container and a second container (e.g. injection device 40 and hollow spike 30) of the fluid transfer system, said adaptor comprising: a proximal body portion (proximal part 10); and a distal body portion (distal part 20) extending distally from the proximal body portion at least partially along a longitudinal axis of the adaptor (as shown in Fig. 1), said distal body portion comprising: a plurality of circumferential elements (e.g. plurality of the longitudinal members 22) each extending distally with respect to the proximal body portion (see e.g. Figs. 3, 5-7), each of the plurality of circumferential elements comprising a respective bridge portion (e.g. the distal portions of the longitudinal members 22, see Fig. 6); a plurality of connection elements each connecting the bridge portions of corresponding two adjacent circumferential elements of the plurality of circumferential elements (e.g. tabs 24 with borders 25 connecting two adjacent distal portions of the longitudinal members 22, see Fig. 6 and para. [0152]), each of the plurality of connection elements being configured to radially displace between a normal state and an expanded state in a connection plane perpendicular to the longitudinal axis for facilitating the connection of the adaptor to the first container in said connection plane (implied by para. [0151]); and each of the plurality of connection elements
comprises a connection surface extending in the connection plane (see the plane surface of the member 25 in Fig. 2) and configured to engage a corresponding engagement portion (e.g. recess 64) of the first container (60; as shown in Fig. 8).
Regarding claims 23 and 24, the Yan et al. reference further discloses an inner most portion closest to the longitudinal axis and wherein the innermost portions define portions of a virtual circle extending in the connection plane (see in particular, member 25 in Figs. 2, 6 and 8).
Regarding claim 25, the Yan et al. reference discloses wherein the connection elements are configured to radially displace from the normal state to the expanded state in response to an axial force applied on the connection elements in a direction from the distal body portion to the proximal body portion along the longitudinal axis. See para. [0151].
Regarding claim 26, the Yan et al. reference discloses wherein the axial force is a pushing force applied by the first container during said connection of the adaptor to the first container. This would be inherent when connecting the containers.
Regarding claim 27, the Yan et al. reference discloses wherein the connection elements are configured to radially displace elastically from the expanded state to the normal state upon removal of said axial force. See para. [0152].
Regarding claim 28, the Yan et al. reference discloses wherein the bridge portions extend at least partially in the connection plane (inherent).
Regarding claim 29, the Yan et al. reference discloses wherein each of the connection elements comprises at least one reformable portion configured to reform for facilitating the displacement of the connection elements between the normal state and the expanded state. This would be inherent due to the nature of “flexible” tabs (24).
Regarding claim 30, the Yan et al. reference discloses wherein each of the connection elements has a central portion (21) and two reformable portions (24) connected to corresponding bridge portions.
Regarding claim 31, the Yan et al. reference discloses wherein the connection surface constitutes at least a part of the central portion. This would be inherent.
Regarding claims 36 - 38, the Yan et al. reference further discloses that each of the connection elements comprise a respective side surface extending in a direction parallel to the longitudinal axis and defining a height of the connection element in the direction parallel to the longitudinal axis, and wherein each of the bridge portions has a dimension parallel to and corresponding to the height of the connection elements (see e.g. connections between distal portions of members 22 and connections elements 24/25 in Fig. 6).
Allowable Subject Matter
Claims 32 – 35 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.
The Takeuchi (2015/0265499) reference discloses an adapter (1) for fluid transfer between two containers having connection elements (22), bridge portions and rim engaging portions (30).
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/TIMOTHY L MAUST/ Primary Examiner, Art Unit 3753
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