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
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, 5-9 and 12-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9375868, Miyajima.
In regards to claim 1, in Figure 5 below, and paragraphs detailing said figure, Miyajima discloses a connector, comprising: a first shaft; a second shaft; and a link (53) connecting the first shaft with the second shaft, the first shaft comprising: a first distal end portion having a first sealing surface configured to form a substantially fluid-tight seal with an additional connector; a first proximal end portion opposite the first distal end portion; a first lumen extending from the first distal end portion to the first proximal end portion; and a first channel formed between the first sealing surface and the first proximal end portion, wherein the first channel includes a first proximal wall, a first distal wall, and a first central region extending from the first proximal wall to the first distal wall, and a substantially cylindrical outer surface of the first shaft extends from a proximal and radially outwardmost end of the first proximal wall to the first proximal end portion.
[AltContent: textbox (Tapered wall)][AltContent: arrow][AltContent: arrow][AltContent: textbox (1st distal wall)][AltContent: arrow][AltContent: arrow][AltContent: textbox (1st central region)][AltContent: textbox (1st shaft)][AltContent: textbox (1st proximal wall)][AltContent: arrow][AltContent: textbox (1st channel)][AltContent: arrow][AltContent: textbox (1st sealing surface)][AltContent: arrow][AltContent: textbox (1st lumen)][AltContent: textbox (1st proximal end portion)][AltContent: arrow][AltContent: arrow][AltContent: textbox (1st distal end portion)][AltContent: arrow][AltContent: textbox (2nd shaft)][AltContent: arrow]
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In regards to claim 5, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses the first distal wall extends proximally from a proximal end of the first sealing surface.
In regards to claim 6, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses at least one of the first distal wall or the first proximal wall comprises a curved surface (circumferentially).
In regards to claim 7, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses the first distal end portion includes a tapered wall extending distally from a distal end of the first sealing surface.
In regards to claim 8, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses the first sealing surface comprises a substantially cylindrical surface extending from the tapered wall to the first distal wall of the first channel.
In regards to claim 9, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses the first sealing surface is configured to form the substantially fluid-tight seal at a location between the first distal wall and the tapered wall
In regards to claim 12, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses (note, the features of the first shaft are duplicated on the second shaft, so one having ordinary skill in the art would understand that repetitive annotations are not necessary) the second shaft comprises: a second distal end portion having a second sealing surface configured to form an additional substantially fluid-tight seal with the additional connector; a second proximal end portion opposite the second distal end portion; a second lumen extending from the second distal end portion to the second proximal end portion; and a second channel formed between the second sealing surface and the second proximal end portion.
In regards to claim 13, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses a connector, comprising: a first shaft; a second shaft; and a link connecting the first shaft with the second shaft, the first shaft comprising: a first distal end portion having a first sealing surface configured to form a substantially fluid-tight seal with an additional connector; a first proximal end portion opposite the first distal end portion; a first lumen extending substantially along a first longitudinal axis from the first distal end portion to the first proximal end portion; and a first channel formed between the first sealing surface and the first proximal end portion, wherein: the first channel includes a first proximal wall and a first distal wall opposite the first proximal wall, a substantially cylindrical outer surface of the first shaft extends from a radially outwardmost end of the first proximal wall to the first proximal end portion, and the second shaft includes a second channel formed on a second outer surface of the second shaft, the second channel including a second distal wall and a second proximal wall opposite the second distal wall.
In regards to claim 14, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses the first channel includes a first central region, and the first distal wall extends distally and radially outwardly from the first central region to the proximal end of the first sealing surface.
In regards to claim 15, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses the second shaft includes a second distal end portion having a second sealing surface configured to form an additional substantially fluid-tight seal with the additional connector
In regards to claim 16, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses the first sealing surface comprises a substantially cylindrical surface extending from the radially outwardmost end of the first proximal wall to a first tapered wall, the first tapered wall extending radially inwardly from the first sealing surface to a substantially linear surface disposed at a distal end of the first shaft.
In regards to claim 17, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses a connector, comprising: a first shaft; a second shaft; and a link connecting the first shaft with the second shaft, the first shaft comprising: a first distal end portion having a first sealing surface configured to form a first substantially fluid-tight seal with an additional connector, a first proximal end portion opposite the first distal end portion, a first lumen extending substantially along a first longitudinal axis from the first distal end portion to the first proximal end portion, and a first channel formed on a first outer surface of the first shaft, the first channel including: a first distal wall extending from a proximal end of the first sealing surface, a first proximal wall opposite the first distal wall, and a first central region disposed between the first distal wall and the first proximal wall, and a first tapered wall extending distally and radially inwardly from a distal end of the first sealing surface to a distal end of the first shaft.
In regards to claim 18, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses the first tapered wall comprises a substantially convex surface, and at least one of the first distal wall or the first proximal wall comprises a substantially linear surface.
In regards to claim 19, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses the first sealing surface comprises a substantially cylindrical surface extending from a proximal and radially outwardmost end of the first proximal wall to the first tapered wall.
In regards to claim 20, in Figure 5 above, and paragraphs detailing said figure, Miyajima discloses at least one of the first distal wall or the first proximal wall comprises a curved surface (circumferentially), and the central region comprises a substantially cylindrical surface extending from a proximal end of the first distal wall to a distal end of the first proximal wall.
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) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyajima.
In regards to claims 10 and 11, Miyajima discloses the claimed invention except for the tapered wall comprising a substantially convex surface, and extending radially inwardly from the distal end of the first sealing surface to a distal end of the first shaft, or the first distal wall comprising a substantially convex surface, and extending radially outwardly from the first central region to a proximal end of the first sealing surface. Applicant has failed to show criticality for the tapered wall comprising a substantially convex surface, and extending radially inwardly from the distal end of the first sealing surface to a distal end of the first shaft, or the first distal wall comprising a substantially convex surface, and extending radially outwardly from the first central region to a proximal end of the first sealing surface. The Miyajima invention is fully capable of being modified with the tapered wall comprising a substantially convex surface, and extending radially inwardly from the distal end of the first sealing surface to a distal end of the first shaft, or the first distal wall comprising a substantially convex surface, and extending radially outwardly from the first central region to a proximal end of the first sealing surface. Therefore, it 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 to modify the tapered wall with a substantially convex surface, and extending radially inwardly from the distal end of the first sealing surface to a distal end of the first shaft, or modify the first distal wall with a substantially convex surface, and extending radially outwardly from the first central region to a proximal end of the first sealing surface, since a change in the shape of a prior art device is a design consideration within the level of skill of one skilled in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,324,653. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same subject matter.
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.
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/AARON M DUNWOODY/Primary Examiner, Art Unit 3679
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