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 Objections
Claim 13 is objected to because of the following informalities: Claim 13 recites the limitation "the cantilevered ring" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Appropriate correction is required.
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 6 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 6 recites “it”; however, it is not clear to the Examiner exactly what “it” is referencing.
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, 5-7 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3435848, Johnston.
In regards to claim 1, in Figure 1 below and paragraphs detailing said figure, Johnston discloses a valve assembly comprising: an axis defining a proximal direction (P) and a distal direction (D) opposite the proximal direction; a valve holder (32) comprising a valve seat (36) comprising a tapered surface, the tapered surface being narrower in the proximal direction and the tapered surface being wider in the distal direction; and a valve obturator (16, 19, 21, 22, 25, 38, 42) engaged in the valve seat and reversibly movable between a closed position and an open position, the valve obturator comprising: an abutment surface (43), wherein the valve obturator is configured to move from the closed position to the open position (as in Figure 2) upon application of a first force on the abutment surface, the first force being oriented in the proximal direction; and at least one locking tab (38) contacting the tapered surface as the valve obturator is in the closed position , wherein the valve obturator is configured to move from the open position to the closed position upon application of a second force on the at least one locking tab, the second force being oriented in the distal direction.
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In regards to claim 5, in Figure 1 above and paragraphs detailing said figure, Johnston discloses the at least one locking tab is configured to assume a radially outward resting position as the valve obturator is in the closed position; and wherein the at least one locking tab is configured to assume a radially inward pre-stressed position as the valve obturator is in the open position.
In regards to claim 6, in Figure 1 above and paragraphs detailing said figure, Johnston discloses the at least one locking tab is configured such that it bends radially inwardly upon application of the first force, progressively contacting a central portion of the valve seat.
In regards to claim 7, in Figure 1 above and paragraphs detailing said figure, Johnston discloses the at least one locking tab comprises an inner coupling element.
In regards to claim 9, in Figure 1 above and paragraphs detailing said figure, Johnston discloses the at least one locking tab comprises an annular row of two or more locking tabs, circumferentially distant from each other.
In regards to claim 10, in Figure 1 above and paragraphs detailing said figure, Johnston discloses the valve obturator comprises a central channel (23) extending from the abutment surface to at least one peripheral aperture (24).
In regards to claim 11, in Figure 1 above and paragraphs detailing said figure, Johnston discloses the valve obturator is snapped in the valve holder (by the force of spring 33).
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) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnston.
In regards to claims 2-4, Johnston discloses the claimed invention except for the valve obturator and the valve holder being made of a same polymer material, polyethylene, polypropylene, polyethylene terephthalate, or post-consumer recycled material. Applicant has failed to show criticality for the valve obturator and the valve holder being made of a same polymer material, polyethylene, polypropylene, polyethylene terephthalate, or post-consumer recycled material. 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 fabricate the valve obturator and the valve holder of a same polymer material, polyethylene, polypropylene, polyethylene terephthalate, or post-consumer recycled material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Allowable Subject Matter
Claims 8 and 12-15 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
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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