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 .
Election/Restrictions
Applicant’s election without traverse of claims 19-24 in the reply filed on 08/03/2026 is acknowledged.
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.
Claim 21 is 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 21 recites the limitation of enclosing a portion of the substance in the transfer receptacle by separating a region of the flexible shell, preferably by crimping.
The phrase “preferably by crimping” renders this claim indefinite, since it is unclear whether a prior art method must use crimping in order to anticipate claim 21.
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) 19, 20 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 2019/0076328 (Naygauz).
In Re claim 19 Naygauz discloses a method for transferring a substance from a container accessible via container connection piece (container connected piece shown connected to IV bag 64 in Figure 5A) into a transfer receptacle (IV Bag 64) having a flexible outer shell and accessible via a container connection piece, wherein firstly the container connection piece is sealingly connected to the receptacle connection piece (74 in Figure 5C), and then a passage formed by the container connection piece, which passage is sealingly closed by a container lid (66), is opened, and then the substance accommodated in the container is conveyed through the passage into the transfer receptacle with the aid of gravity, and then the substance is enclosed in the transfer receptacle (shown in Figure 5D).
In Re claim 20 Naygauz discloses the container lid (66) is released (from attachment to the container in Figure 5D) via a means connected to the container lid for gripping the container lid, wherein the container lid falls into the transfer receptacle and remains there (Show in Figure 5D).
In Re claim 22 Naygauz discloses the container lid connected via a first connecting element (67) connected to the container lid to a second connecting element which is arranged on a receptacle lid (62) closing the receptacle connection piece and which can be subjected to a tensile load, wherein the receptacle lid with the container lid is pressed into the container and the passage from the container into the transfer receptacle is thereby opened (Shown in Figure 5D).
Allowable Subject Matter
Claims 23 and 24 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.
Claim 21 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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. US PGPub 2019/0009074 discloses an apparatus for transferring fluid through a connection piece between a container and a transfer receptacle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON KAROL NIESZ whose telephone number is (571)270-3920. The examiner can normally be reached M-F 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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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/JASON K NIESZ/Primary Examiner, Art Unit 3753
