throbber
I lllll llllllll Ill lllll lllll lllll lllll lllll 111111111111111111111111111111111
`US0082213 81 B2
`
`c12) United States Patent
`Muir et al.
`
`(IO) Patent No.:
`(45) Date of Patent:
`
`US 8,221,381 B2
`Jul. 17, 2012
`
`(54) CONTAINER SYSTEM FOR RELEASABLY
`STORING A SUBSTANCE
`
`(56)
`
`References Cited
`
`(75)
`
`Inventors: Rod Muir, South Mountain (CA); Derek
`Kirkland, Chelsea (CA); Ian Curry,
`Kanata (CA); Roy Sunstrum, Richmond
`(CA); Paul Lem, Ottawa (CA); H.
`Chaim Birnboim, Ottawa (CA)
`
`(73) Assignee: DNA Genotek Inc., Ontario (CA)
`
`( *) Notice:
`
`Subject to any disclaimer, the term ofthis
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 669 days.
`
`(21) Appl. No.:
`
`12/096,767
`
`CA
`
`(22) PCT Filed:
`
`Dec. 11, 2006
`
`(86) PCT No.:
`
`PCT /CA2006/002009
`
`§ 371 (c)(l),
`(2), ( 4) Date: Nov. 24, 2008
`
`(87) PCT Pub. No.: W02007/068094
`PCT Pub. Date: Jun. 21, 2007
`
`(65)
`
`Prior Publication Data
`
`US 2009/0216213 Al
`
`Aug. 27, 2009
`
`Related U.S. Application Data
`
`(60) Provisional application No. 60/748,977, filed on Dec.
`9, 2005.
`
`(51)
`
`Int. Cl.
`A61B 19100
`(2006.01)
`A61F 5132
`(2006.01)
`(52) U.S. Cl. ....................................................... 604/415
`( 58) Field of Classification Search . ... ... ... ... .. ... 604/ 411,
`604/412, 414-416
`See application file for complete search history.
`
`U.S. PATENT DOCUMENTS
`4/1986 Bocquet et al.
`4,583,971 A
`5/1988 Wong et al.
`4,741,346 A
`8/1992 Darr et al.
`5,140,043 A
`5,364,763 A
`1111994 Kacian
`5,496,562 A
`3/1996 Burgoyne
`10/ 1996 Classon et al.
`5,567,309 A
`9/1998 Burgoyne
`5,807,527 A
`10/1998 Hofmann et al.
`5,817,630 A
`11/ 1999 Bruno
`5,980,834 A
`(Continued)
`
`FOREIGN PATENT DOCUMENTS
`2072331
`12/1992
`(Continued)
`
`OTHER PUBLICATIONS
`
`http://www.simport.com/products/tubes-caps-and-vials/tubes/t501.
`html, Copyright 2009-2011. *
`
`(Continued)
`
`Primary Examiner - Melanie Hand
`(74) Attorney, Agent, or Firm - Clark & Elbing LLP;
`Kristina Bieker-Brady
`
`(57)
`
`ABSTRACT
`
`The present invention provides a container system for releas(cid:173)
`ably storing a substance. The container system includes a vial
`having a sample storage chamber and a piercing member for
`piercing a membrane in the lid, which membrane seals a
`substance within a reservoir in the lid until the membrane is
`pierced by the piercing member. The container system
`optionally includes a funnel. There is also provided a method
`and kit for use of such a container system.
`
`50 Claims, 15 Drawing Sheets
`
`2
`
`18
`
`ANCESTRY EX. 1001
`
`1
`
`

`
`US 8,221,381 B2
`Page 2
`
`U.S. PATENT DOCUMENTS
`6,138,821 A
`10/2000 Hsu
`6,176,836 Bl
`1/2001 Trudi! et al.
`6,242,188 Bl
`6/2001 Dattagupta et al.
`6,291,178 Bl
`9/2001 Schneider
`6,309,827 Bl * 10/2001 Goldstein et al. ............ 435/6.11
`1/2003 Lai et al.
`6,503,716 Bl
`6,551,777 Bl
`4/2003 Shuber et al.
`6,582,415 Bl*
`6/2003 Fowles et al.
`9/2003 Augello et al.
`6,617,170 B2
`6,716,392 Bl
`412004 Putcha et al.
`6,832,994 B2 * 12/2004 Niedospial et al.
`6,869,769 B2
`3/2005 Burgoyne
`1/2009 Birnboim
`7,482,116 B2
`2001/0008614 Al
`7/2001 Aronowitz
`2002/0026046 Al
`212002 Pasloske et al.
`2002/0081575 Al
`612002 Small et al.
`2002/0197275 Al* 12/2002 Sunvold et al . .......... 424/195.18
`2004/0038269 Al
`212004 Birnboim
`
`604/413
`
`604/411
`
`CA
`EP
`EP
`EP
`EP
`EP
`JP
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`
`FOREIGN PATENT DOCUMENTS
`2236240
`10/1999
`0273015
`6/1988
`273015 A2 *
`6/1988
`0586024
`3/1994
`0734684
`10/1996
`1207208
`512002
`H6-78282
`1111994
`WO 89/06704
`7 /1989
`WO 91/02740
`3/1991
`WO 97/05248
`2/1997
`WO 97/48492
`12/1997
`WO 98/44158
`10/1998
`WO 99/29904
`6/1999
`WO 01/34844
`5/2001
`WO 01/60517
`8/2001
`WO 02/44691
`612002
`WO 03/104251
`12/2003
`
`OTHER PUBLICATIONS
`
`English translation of specification for EP 273015 A2, http://world(cid:173)
`wide.espacenet.com. *
`English translation of claims for EP 273015 A2, http:! /worldwide.
`espacenet.com. *
`Birnboim, "Effect of Lipophilic Chelators on Oxyradical-Induced
`DNA Strand Breaks in Human Granulocytes: Paradoxical Effect of
`1,10-Phenanthroline," Archives of Biochemistry and Biophysics
`294(1):17-21 (1992).
`Birnboim, "Extraction of High Molecular Weight RNA and DNA
`from Cultured Mammalian Cells," Methods in Enzymology 216: 154-
`160 (1993).
`Birnboim and Doly, "A Rapid Alkaline Extraction Procedure for
`Screening Recombinant Plasmid DNA," Nucleic Acids Research
`7(6):1513-1524 (1979).
`Birnboim and Jevcak, "Fluorometric Method for Rapid Detection of
`DNA Strand Breaks in Human White Blood Cells Produced by Low
`Doses of Radiation," Cancer Research 41:1889-1892 (1981).
`Clarke and Martell, "Stabilities of the Alkaline Earth and Divalent
`Transition Metal Complexes of the Tetraazamacrocyclic Tetraacetic
`Acid Ligands," lnorganica Chimica Acta 190:27-36 ( 1991 ).
`French et al., "Ultra-Rapid DNA Analysis Using HyBeacon™
`Probes and Direct PR Amplification from Saliva," Molecular and
`Cellular Probes 16:319-326 (2002).
`
`Garcia-Closas et al., "Collection of Genomic DNA From Adults in
`Epidemiological Studies by Buccal Cytobrush and Mouthwash,"
`Cancer Epidemiology, Biomarkers & Prevention 10:687-696(2001 ).
`Heath et al. "Use ofBuccal Cells Collected in Mouthwash as a Source
`of DNA for Clinical Testing," Archives of Pathology and Laboratory
`Medicine 125:127-133 (2001).
`Hiraide et al., "Speciation of Iron in River Water," Analytical Sci(cid:173)
`ences 4:605-609 (1988).
`Loens et al., "Detection ofMycoplasma Pneumoniae in Spiked Clini(cid:173)
`cal Samples by Nucleic Acid Sequence-Based Amplification," Jour(cid:173)
`nal of Clinical Microbiology 40(4): 1339-1345 (2002).
`Lum and Marchand, "A Simple Mouthwash Method for Obtaining
`Genomic DNA in Molecular Epidemiological Studies," Cancer Epi(cid:173)
`demiology, Biomarkers & Prevention 7:719-724 (1998).
`Nilsson et al., "Real-Time Monitoring of DNA Manipulations Using
`Biosensor Technology," Analytical Biochemistry 224:400-408
`(1995).
`Pershadsingh and McDonald, "A High Affinity Calcium-Stimulated
`Magnesium-Dependent Adenosine Triphosphatase in Rat Adipocyte
`Plasma Membranes," Journal of Biological Chemistry 255(9):4087-
`4093 ( 1980).
`Roberts et al., "UV Laser Machined Polymer Substrates for the
`Development of Microdiagnostic Systems," Analytical Chemistry
`69:2035-2042 (1997).
`Rymaszewski et al., "Estimation of Cellular DNA Content in Cell
`Lysates Suitable for RNA Isolation," Analytical Biochemistry
`188:91-96 (1990).
`Seutin et al., "Preservation of Avian Blood and Tissue Samples for
`DNA Analyses," Canadian Journal of Zoology 69: 82-90 ( 1991 ).
`Terasaki et al., "Saliva as DNA Source for HLA Typing," Human
`Immunology 59:597-598 (1998).
`van Schie and Wilson, "Saliva: A Convenient Source of DNA for
`Analysis of Bi-Allelic Polymorphisms of Fey Receptor IIA (CD32)
`and Fey Receptor IIIB (CD16)," Journal Immunological Methods
`208:91-101 (1997).
`Videira and Werner, "Assembly Kinetics and Identification of Pre(cid:173)
`cursor Proteins of Complex I from Neurospora Crassa," European
`Journal of Biochemistry 181:493-502 (1989).
`International Preliminary Report on Patentability for PCT /CA2006/
`002009 dated Apr. 23, 2008.
`Transmittal of the International Search Report and Written Opinion
`of the International Searching Authority for PCT/CA2006/002009
`dated Mar. 30, 2007.
`Transmittal of the International Search Report and the Written Opin(cid:173)
`ion of the International Searching Authority for PCT/CA06/000380
`dated Jul. 6, 2006.
`Communication from European Patent Office regarding EP
`03729743 dated Oct. 1, 2007.
`Transmittal of the International Search Report for PCT/CA03/00869
`dated Mar. 30, 2004.
`Written Opinion for PCT/CA03/00869 dated Jul. 20, 2004.
`Applicant's Letter in Response to the Written Opinion for PCT/
`CA03/00869 dated Jun. 3, 2004.
`Rule 71(3) EPC Communication for European Patent Application
`No. 06846923.8 dated Mar. 8, 2011.
`Office Action for Mexican Patent Application No. MX/a/2008/
`007253 dated Mar. 30, 2011 (English translation provided).
`Australian Office Action (AU 2006324337) dated Aug. 18, 2011.
`Notice of Reasons for Rejection for Japanese Patent Application No.
`2008-543626, dated Jan. 17, 2012. (English Language Translation
`Provided).
`* cited by examiner
`
`2
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 1of15
`
`US 8,221,381 B2
`
`c C\l--(cid:173)
`
`'t"-
`
`• C> -LL
`
`3
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 2of15
`
`US 8,221,381 B2
`
`•
`
`(!) -u.
`
`4
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 3of15
`
`US 8,221,381 B2
`
`•
`
`(!) -LL
`
`5
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 4of15
`
`US 8,221,381 B2
`
`)300
`
`~-1
`
`I
`I ,
`
`FIG. 4
`
`100
`
`1
`
`FIG. 5
`
`6
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 5of15
`
`US 8,221,381 B2
`
`100
`
`J300
`
`1
`
`100 J300
`
`1
`
`1
`
`FIG. 6
`
`FIG. 7
`
`FIG. 8
`
`7
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 6of15
`
`US 8,221,381 B2
`
`300\...
`
`A
`
`104
`
`108
`110
`
`6
`
`6
`
`6
`
`FIG. 9
`
`8
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 7of15
`
`US 8,221,381 B2
`
`100
`
`34
`
`30
`~-32
`--34
`\ - - -33
`
`FIG. 10
`
`FIG. 11
`
`9
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 8 of 15
`
`US 8,221,381 B2
`
`100
`
`402
`
`500
`
`FIG. 13
`
`506
`
`FIG. 12
`
`FIG. 14
`
`10
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 9of15
`
`US 8,221,381 B2
`
`s~-
`
`500
`
`30
`
`32
`
`500
`
`sL
`FIG. 15
`
`418
`
`FIG. 17
`
`400
`
`422
`
`530
`
`I sL
`FIG. 16
`
`11
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 10 of 15
`
`US 8,221,381 B2
`
`100
`106
`160
`
`100
`
`6
`
`FIG. 18
`
`500
`
`-
`
`FIG. 19
`
`12
`
`

`
`U.S. \latent
`
`Jul. 17, 2012
`
`Sheet 11 of 15
`
`US 8,221,381 B2
`
`500
`
`502
`
`FIG. 20
`
`13
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 12 of 15
`
`US 8,221,381 B2
`
`100
`
`402
`
`500
`
`FIG. 21
`
`14
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 13 of 15
`
`US 8,221,381 B2
`
`0
`
`J300
`
`1
`
`FIG. 22
`
`15
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 14 of 15
`
`US 8,221,381 B2
`
`18
`
`1
`
`FIG. 23
`
`16
`
`

`
`U.S. Patent
`
`Jul. 17, 2012
`
`Sheet 15 of 15
`
`US 8,221,381 B2
`
`102
`
`120
`108
`
`160
`
`18
`
`12
`
`1
`
`6
`
`FIG. 24
`
`17
`
`

`
`1
`CONTAINER SYSTEM FOR RELEASABLY
`STORING A SUBSTANCE
`
`RELATED APPLICATION
`
`This application is the U.S. National Stage oflnternational
`Application No. PCT/CA2006/002009, filed Dec. 11, 2006,
`which, in tum, claims the benefit ofU.S. Application Ser. No.
`60/748,977 filed on Dec. 9, 2005, the contents of which are
`hereby incorporated by reference in its entirety.
`
`FIELD OF THE INVENTION
`
`The field of the invention generally relates to a container
`system for releasably storing a substance.
`
`BACKGROUND
`
`US 8,221,381 B2
`
`2
`rod, rod holder), which increases the cost of manufacture of
`the container. Additionally, because the disk is held in place
`by friction fit, there must be a high degree of precision for the
`manufacture of the components of the container.
`There remains a need for an improved container system for
`releasably and reliably storing a substance.
`This background information is provided for the purpose
`of making known information believed by the applicant to be
`of possible relevance to the present invention. No admission
`is necessarily intended, nor should be construed, that any of
`10 the preceding information constitutes prior art against the
`present invention.
`
`SUMMARY OF THE INVENTION
`
`It is often desirable to store a substance, such as a liquid,
`solid, gas, mixtures thereof, or the like, in a container prior to
`mixing the contents of the container with another material.
`For example, it may be desirable to package and store a
`compound, or compounds, in a container for shipping and/or
`safe storage and handling, prior to combining the compound
`( s) with another material. It may be desirable to package and
`store a toxic compound in a container, prior to combining
`such a toxic compound with a detoxifying material. As well,
`it is often desirable to keep a concentrated active ingredient
`separate from a diluent until immediately prior to use.
`Moreover, it may be desirable to store and/or ship diagnos(cid:173)
`tic and/or nucleic acid preserving compositions prior to com(cid:173)
`bining such a substance with a biological sample.
`Additionally, it may be desirable to keep a substance iso(cid:173)
`lated from a donor until the donor's biological sample has
`been collected. This will help to prevent the donor from
`accidentally ingesting or spilling the substance.
`It may also be desirable to inactivate pathogens/infectious
`particles in a biological sample by combining it with a stored
`substance prior to storage and/or shipping and/or handling of
`the sample.
`It may also be desirable to store and/or ship diagnostic
`and/or nucleic acid preserving compositions after combining
`such a substance with a biological sample.
`There are a variety of containers for holding substances
`separately in such a manner that a user may open a closure to
`combine the substances. Typically these containers are
`double compartment systems in which substances are stored
`separately and substances are combined by removal of the
`container closures by a user.
`International PCT application WO 2003/104251 describes 50
`a container for collecting a biological sample from a subject,
`and subsequently mixing the collected sample with a compo(cid:173)
`sition intended to stabilize, preserve, or facilitate the recovery
`of components of the sample. This container has a first region
`for collecting a biological sample, a second region containing
`a composition for preserving a nucleic acid, and a barrier
`between the first region and the second region, which when in
`a closed position, maintains the sample and composition
`separate. The exemplified barrier of WO 2003/104251 is a
`pivoting partition. Attachment of a lid to the container forces
`the barrier to pivot from its original closed position spanning
`the container and thereby separating the first region and the
`second region, to an open position in which both regions are
`exposed to each other and contact between the composition
`contained in one region space and the biological sample con- 65
`tained in the other region is allowed. A drawback of this
`container is that it includes multiple parts (e.g., lid, vial, disk,
`
`15
`
`The present invention generally relates to a container sys(cid:173)
`tem for releasably storing a substance.
`In accordance with one aspect of the present invention,
`there is provided a container system for releasably storing a
`substance, comprising: a) a vial comprising a first open end
`20 for receiving a sample, a second end comprising a sample
`storage chamber and a piercing member; and b) a lid config(cid:173)
`ured to removably engage said vial, said lid comprising a
`reservoir for holding the substance, and a pierceable mem(cid:173)
`brane sealing the substance within said reservoir, wherein,
`25 when said system is closed by removable engagement of said
`vial with said lid, said vial and said lid are movable to a
`piercing position in which the piercing member disrupts the
`pierceable membrane to allow fluid communication between
`said reservoir and said chamber, wherein the chamber is
`30 sealed against leakage to the outside of the container system
`in the piercing position.
`In accordance with another aspect of the present invention,
`there is provided a container system for releasably storing a
`substance, comprising: a) a vial comprising a chamber for
`35 retaining a sample b) a lid comprising a reservoir for holding
`the substance, and a pierceable membrane sealing the sub(cid:173)
`stance within said reservoir; and c) a funnel comprising a first
`open end for receiving said sample, a piercing member and a
`channel extending from said first open end to a second open
`40 end and being in fluid communication with said chamber, said
`funnel being removably attachable to said lid at said first open
`end and releasably or permanently attached to said vial at said
`second end, wherein, when said system is closed by remov(cid:173)
`able attachment of said lid to said funnel, said system is
`45 movable to a piercing position in which the piercing member
`disrupts the pierceable membrane to allow fluid communica(cid:173)
`tion between said reservoir and said chamber, via said chan(cid:173)
`nel, wherein the chamber is sealed against leakage to the
`outside of the container system in the piercing position.
`In accordance with another aspect of the present invention,
`there is provided a method of combining a substance with a
`biological sample, comprising: (a) providing a container sys(cid:173)
`tem as described herein; (b) providing the sample to the
`chamber in the vial; and ( c) closing said container system by
`55 removable attachment of the lid to the vial or funnel; and (d)
`piercing the membrane to release said substance into said
`chamber by moving the system to said piercing position.
`In accordance with another aspect of the present invention
`there is provided a kit for releasably storing a substance
`60 comprising: a) a container system as described herein; and b)
`instructions for the use thereof.
`
`BRIEF DESCRIPTION OF THE FIGURES
`
`FIG. 1 is a cross-sectional view of a container system in
`accordance with one embodiment of the present invention,
`showing the lid and vial attached;
`
`18
`
`

`
`US 8,221,381 B2
`
`3
`FIG. 2 is a perspective view of the interior of the lid of the
`container system depicted in FIG. 1;
`FIG. 3 is a perspective view of the interior of the vial of the
`container system depicted in FIG. 1;
`FIG. 4 is a perspective view of a container system in accor(cid:173)
`dance with one embodiment of the present invention;
`FIG. 5 is a top view of the container system depicted in
`FIG. 4;
`FIG. 6 is a side view of the container system depicted in
`FIG. 4;
`FIG. 7 is a side view of the container system depicted in
`FIG. 4;
`FIG. 8 is a bottom view of the container system depicted in
`FIG. 4;
`FIG. 9 is a cross-sectional view of the container system of 15
`FIG. 4 taken along line A-A in FIG. 5;
`FIG. 10 is a top perspective view of the container system
`depicted in FIG. 4 showing the lid and vial separated;
`FIG. 11 is a bottom perspective view of the container
`system depicted in FIG. 4 showing the lid and vial separated; 20
`FIG. 12 is a side perspective view a container system in
`accordance with one embodiment of the present invention;
`FIG. 13 is a top view of the container system depicted in
`FIG. 12;
`FIG. 14 is a bottom view of the container system depicted 25
`in FIG.12;
`FIG. 15 is a side view of the container system depicted in
`FIG. 12;
`FIG.16 is a cross-sectional view of the container system of
`FIG. 12 taken along line B-B in FIG. 15;
`FIG. 17 is a side perspective view of the container system
`depicted in FIG. 12;
`FIG. 18 is a top perspective view of the container system
`depicted in FIG. 12, showing the lid and funnel separated;
`FIG. 19 is a bottom side perspective view of the container 35
`system depicted in FIG. 12, showing the lid and funnel sepa(cid:173)
`rated;
`FIG. 20 is a side view of the vial and cap of the container
`system depicted in FIG. 9;
`FIG. 21 is a side view of the container system depicted in
`FIG. 12, showing the lid, funnel, and vial separated;
`FIG. 22 is a side perspective view a container system in
`accordance with one embodiment of the present invention;
`FIG. 23 is a top perspective view of the vial portion of the
`container system depicted in FIG. 22, showing the vial; and 45
`FIG. 24 is a cross-sectional view of the lid of the container
`system depicted in FIG. 22.
`The numbers in bold face type serve to identify the com(cid:173)
`ponent parts that are described and referred to in relation to
`the drawings depicting various embodiments of the present 50
`invention. It should be noted that in describing various
`embodiments of the present invention, the same reference
`numerals have been used to identify the same or similar
`elements. Moreover, for the sake of simplicity, parts have
`been omitted from some figures of the drawings.
`
`DETAILED DESCRIPTION OF THE INVENTION
`
`4
`cost, and makes accidental disruption of a sealed substance
`less likely. Additionally, in one example of the present inven(cid:173)
`tion, the container system includes a removable vial which is
`suitable for subsequent processing of samples and/or for use
`in robotic systems.
`The container system of the present invention comprises a
`vial and a lid. Optionally, the container system additionally
`comprises a furmel that is permanently or removably attached
`to the vial and that sealingly engages the lid. The lid is
`10 configured to store a substance, and subsequently release the
`substance from the lid when the lid is sealingly attached to the
`vial, or the funnel. In use, the substance stored within the lid
`is released into the vial when the lid is attached to the vial or
`the funnel, if present.
`In accordance with a specific embodiment of the present
`invention, the lid is suitable to store a substance to stabilize,
`preserve or facilitate the recovery of nucleic acid from a
`biological sample. In accordance with a related embodiment,
`the vial, or the combination of the funnel and vial is suitable
`for the collection of a biological sample from a subject.
`Referring to the FIGS. 1-11 and 22-24, container system
`300 comprises lid 100 and vial 1.
`Lid
`Lid 100 releasably stores a substance. Lid 100 is generally
`cylindrically shaped with at least one open end. Lid 100 can
`be a variety of shapes, as determined by the needs or prefer(cid:173)
`ences of the user and/or the intended application of use. The
`interior of lid 100 includes wall 104 that is positioned within
`lid 100 and defines reservoir 102 for holding a substance such
`30 as a liquid, solid, semi-solid, gas, mixtures thereof and the
`like. Wall 104 defines all or a portion of the perimeter of
`reservoir 102. Wall 104 includes sealing surface 106 which is
`for sealingly attaching pierceable membrane 160
`Pierceable membrane 160 (depicted in FIG. 19) acts as a
`physical barrier to releasably store a substance within reser(cid:173)
`voir 102, when attached to sealing surface 106. Pierceable
`membrane 160 is made from material that is inert to the
`substance to be stored within the reservoir. Pierceable mem-
`brane 160 permits little or no diffusion of the substance
`40 through pierceable membrane 160 over time. Pierceable
`membrane 160 is made from a material that is suitable for the
`intended processing, storage and/or transportation condi(cid:173)
`tions. In a specific embodiment, pierceable membrane 160 is
`heat and cold resistant such that it remains intact and pierce(cid:173)
`able at temperatures ranging from about -80° C. to about
`+ 70° C. In a specific embodiment, pierceable membrane 160
`can be attached tightly enough to sealing surface 106 such
`that pierceable membrane 160 will not be disrupted by
`vacuum pressures. Pierceable membrane 160 can be made
`from a variety of materials including polypropylene. Desir(cid:173)
`ably, pierceable membrane 160 is made from the same mate-
`rial as wall 104. The thickness of pierceable membrane 160
`can vary according to application of use, and preference of the
`user. Desirably, pierceable membrane 160 has a thickness of
`55 about two thousandths of an inch. However, the specific
`thickness of the membrane will be determined by factors such
`as, nature of the substance, nature of the sample, overall
`dimensions of the container system and chemical composi(cid:173)
`tion of the membrane.
`A variety of methods of attaching pierceable membrane
`160 to sealing surface 106 can be used, and is dependent on
`the material used to make lid 100, the substance stored within
`reservoir 102, and/or the characteristics of membrane 160.
`Such methods ofattachment include use of adhesive( s ), heat-
`65 sealing treatment, fasteners, or any combination thereof, and
`the like. Desirably, heat-sealing is used to attach pierceable
`membrane 160 to sealing surface 106. As will be clear to the
`
`As will be discussed in more detail below, the present
`invention provides a container system for releasably storing a 60
`substance.
`The container system of the present invention has fewer
`parts and, thus, is less expensive and/or easier to manufacture,
`than previous containers. Additionally, the manufacturing
`tolerances can be less precise for the container system of the
`present invention, as compared to previous containers having
`separable compartments. Again, this reduces manufacturing
`
`19
`
`

`
`US 8,221,381 B2
`
`5
`skilled worker, the type of pierceable membrane, the physical
`and/or chemical properties of the pierceable membrane will
`be dependent upon, in part, the composition to be stored.
`Desirably pierceable membrane 160 is inert with respect to
`the intended use, stored substance and sample of the container
`system.
`In the specific embodiments depicted in the Figures, lid
`100 comprises internal helical threads 108 on the inner sur(cid:173)
`face of outer wall 110, which are adapted to engage external
`helical threads 18 on the outer surface ofwall 12 on vial 1. As 10
`would be appreciated by a skilled worker, alternative means
`for releasable attachment oflid 100 to vial 1 can be used in the
`container system of the present invention, provided that lid
`100 and vial 1 are movable to a piercing position, as discussed
`in greater detail below.
`Lid 100 and reservoir 102 can be sized to accommodate a
`range of volumes of a substance. In the specific embodiment
`in which the substance is a nucleic acid preservative for use
`with a saliva sample, reservoir 102 accommodates about 1 ml
`to about 4 ml of a substance. The choice of material used to
`manufacture lid 100 is dependent upon a number of factors
`including manufacturing constraints, chemical suitability,
`and the like. In the specific embodiment in which the sub(cid:173)
`stance is a nucleic acid preservative for use with a saliva
`sample, lid 100 is made from plastics such us polypropylene,
`medium-density polyethylene (MDPE), high-density poly(cid:173)
`ethylene (HDPE), polyethylene and the like. Desirably, lid
`100 is polypropylene. The materials of lid 100 may be
`opaque, transparent or translucent, depending on the desired
`application. For example, an opaque material can be used to
`store a light sensitive composition(s). A transparent or trans(cid:173)
`lucent material is desirable if a visual (e.g., colour) indicator
`is present in the stored substance. Lid 100 and reservoir 102
`can be manufactured to include gradations to demarcate the
`quantity of the substance stored within reservoir 102. The
`outer surface oflid 100 can also include a labelling area for a
`user to identify the contents of the lid. The outer surface oflid
`100 may also include a region to affix or emboss a logo and/or
`other markings.
`In accordance with one embodiment of the present inven(cid:173)
`tion, wall 104 has a generally cylindrical shape sized to fit
`within the interioroflid 100. It will be clear that the shape and
`size of well 104 is dependent upon the intended use of the
`container system. Lid 100 may be constructed from a single
`piece of material that includes wall 104, or wall 104 may be 45
`removably attached to lid 100. Desirably, lid 100 is formed
`from a single piece of material.
`Vial
`In accordance with one embodiment of the present inven(cid:173)
`tion, vial 1 is generally cylindrically shaped with at least one
`open end. Vial 1 can be a variety of shapes, as determined by
`the needs or preferences of the user and/or application of use.
`The interior of vial 1 comprises chamber 2 for receiving a
`sample such as a liquid, solid, semi-solid, mixtures thereof
`and the like. Desirably, chamber 2 is configured to receive a
`biological sample, for example a sputum sample, such as
`saliva.
`Vial 1 comprises a first open end for receiving said sample,
`and a second end comprising chamber 2. In one example, said
`second end is a second closed end. In another example, said
`second end is a second open end.
`In one example, the width of the first open end of vial 1 is
`approximately equivalent to the width of the second end.
`In another example, the first open end of vial 1 is generally
`wider than the second end vial 1. In this example, the gener(cid:173)
`ally wider first open end facilitates sample collection by, for
`example, acting similar to a funnel.
`
`6
`In accordance with one embodiment, and as shown in FIG.
`22-24, container system 300 comprises a funnel fixedly
`attached to, or integral with, vial 1. In the case in which the
`funnel is fixedly attached to, or integral with vial 1, it can also
`be characterised as a vial having a wide mouth opening for
`receiving a sample. The wide mouth or funnel characteristics
`can make it easier for a subject to provide a sample.
`Vial 1 and chamber 2 can be sized to accommodate a range
`of volumes ofa sample. In the specific embodiment in which
`the substance is a nucleic acid preservative for use with a
`saliva sample, chamber 2 accommodates about 1 ml to about
`4 ml of a sample. In another specific embodiment, chamber 2
`accommodates about 1 ml to about 16 ml of a sample.
`Vial 1 comprises at least one piercing member 6. In the
`15 specific embodiment depicted in FIGS. 1-11 piercing mem(cid:173)
`ber 6 extends from a base surface of chamber 2. In one
`example, piercing member 6 extends approximately perpen(cid:173)
`dicular from the base. In another example, piercing member 6
`is angled inwardly or outwardly toward the open end of vial 1.
`20 Alternatively, piercing member 6 extends from an interior
`surface of said vial. In one example, piercing member 6
`extends from an interior surface of said vial and is angled
`inwardly or outwardly toward the open end of vial 1.
`In one example, there is one piercing member 6 within
`25 chamber 2. In an alternative example, there is a plurality of
`piercing members 6, for example, two piercing members,
`three piercing members or more than three piercing members.
`In one example the piercing members are arranged in a gen(cid:173)
`erally semicircular fashion. In a specific example, in the case
`30 of three piercing members, the piercing members are
`arranged in a generally semicircular fashion, as depicted in
`FIGS. 9, 10 and 23.
`Piercing member 6 can be approximately trapezoidal in
`shape and includes first cutting edge 33 having pointed end 30
`35 at one corner of the trapezoid and a second end at a second
`corner of the trapezoid where cutting edge 32 intersects side
`wall 34. Optionally, side wall 34 also includes cutting edge
`33, which extends from cutting edge 32.
`Container system 300 further includes a means for sealing
`40 attachment of lid 1 to vial 100. Such sealing means act to
`ensure that the contents of vial 1 remain sealed with chamber
`2 when lid 100 is attached to vial 1.
`In one example, lid 100 and vial 1 are movable between an
`open position and a piercing position. In a specific example,
`lid 100 is initially attached to vial 1 by threadingly engaging
`internal and external threads 108 and 18 with a twisting
`motion. Initially, lid 100 and vial 1 are threadingly connected,
`but piercing member 6 does not disrupt pierceable membrane
`160 and end portion 30 ofwall 12 engages sealing wall 120.
`50 For example, as depicted in FIG. 9, sealing wall 120 extends
`downwardly and outwardly from the interior oflid 100. This
`type of sealing mechanism is similar to a wipe seal that would
`be well known to the skilled worker. Thus, initially, chamber
`2 is maintained out of fluid communication with reservoir 102
`55 by pierceable membrane 160.
`In an alternate example, lid 100 and vial 1 are movable
`between a first position and a piercing position. In a specific
`example, lid 100 is initially attached to vial 1 by threadingly
`engaging internal and external threads 108 and 18 with a
`60 twisting motion and thereby moved to the first position. In
`moving lid 100 and vial 1 to the first position, lid 100 and vial
`1 are threadingly connected, but piercing member 6 does not
`disrupt pierceable membrane 160. In the first position, end
`portion 30 ofwall 12 sealingly engages sealing wall 120. For
`65 example, as depicted in FIG. 9, sealing wall 120 extends
`downwardly and outwardly from the interior oflid 100. This
`type of sealing mechanism is similar to a wipe seal that would
`
`20
`
`

`
`US 8,221,381 B2
`
`7
`be well known to the skilled worker. Thus, in the first position,
`chamber 2 is sealed against leakage to the outside of the
`container system by sealing engagement of wall 12 with
`sealing wall 120 and maintained out of fluid communication
`with reservoir 102 by pierceable membrane 160.
`A worker skilled in the art will recognize that there are
`known alternative sealing structures that can be incorporated
`into t

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket