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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/12/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 1, 4, 6 and 21-22 are objected to because of the following informalities:
Claim 1 states “wherein and interior surface of said outlet housing”. This should be written as “wherein an interior surface of said outlet housing”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claims 4 and 11 state “means for drawing air through the cassette”. Upon review of the specification filed on 04/06/2020, a vacuum tube or fan assembly is used to draw air through the cassette. For examination purposes, the Examiner will interpret as the means for drawing air through the cassette being a vacuum tube or fan assembly.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the subject matter of claims 1 and 9 directed to a plurality of teeth extending circumferentially around the entirety of the cavity wall and the entirety of the cylindrical inner surface must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4, 6, 9-11, 17-19 and 21-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 states “wherein the locking member comprises a plurality of teeth extending circumferentially around the entirety of said cavity wall”. Upon review of the original disclosure of the instant application, the applicant has failed to provide or demonstrate the structural configuration of having a plurality of teeth extending circumferentially around the entirety of said cavity wall. Therefore, the inventor, at the time the application was filed, did not have possession of the claimed invention in particular, said structural configuration.
Claims 4, 6 and 21-22 are also rejected due to dependency on claim 1.
Claim 9 states “a locking member comprising a plurality of teeth extending circumferentially around the entirety of said cylindrical inner surface”. Upon review of the original disclosure of the instant application, the applicant has failed to provide or demonstrate the structural configuration of having a plurality of teeth extending circumferentially around the entirety of said cylindrical inner surface. Therefore, the inventor, at the time the application was filed, did not have possession of the claimed invention in particular, said structural configuration.
Claims 10-11, 17-19 and 23 are also rejected due to dependency on claim 9.
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.
Claims 1, 4, 6 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Ryan (US 20050266415; hereinafter “Ryan 1”; previously cited by the Examiner) in view of Lee (US 4,779,902; previously cited by the Examiner) in further view of Ryan (US 20080233636; hereinafter “Ryan 2”; previously cited by the Examiner) in further view of Baxter (US 5,693,895; previously cited by the Examiner).
Regarding claim 1, Ryan 1 teaches a tamper resistant spore trap cassette (100; Figures 1-6; [0001, 0076]), comprising:
an inlet housing (120; Figures 1-6) defining an inlet opening (124; [0032]; Figures 1-6), the inlet housing (120) comprising an outer surface (See annotated Figure 2), wherein said inlet opening (124) comprises opposing tapered walls narrowing towards an inner inlet opening (Figure 5 demonstrates opposing tapered walls of the inlet opening 124 that narrows toward an inner inlet opening 128), the tapered walls forming an angle (Figure 5 demonstrates the tapered walls forming an angle);
an outlet housing (140; Figures 1-6) defining an outlet opening (144; Figures 1-6; [0034]), wherein an interior surface of said outlet housing (140) is configured to receive said inlet housing (Figures 1-2 and 5-6 demonstrates the outlet housing 140 receiving the inlet housing 120), and wherein said outer surface (See annotated Figure 2) of said inlet housing (120) mechanically locks ([0035]) into said interior surface of said outlet housing (140) to secure the inlet housing and the outlet housing together (the friction fit between housings 120 and 140 to secure the housings 120 and 140 together; [0035]), the outlet housing (140) comprising a cavity (upper opening of outlet housing 140 that receives the inlet housing 120; See Figures 1-6) defined by a cavity wall (A; See annotated Figure 2) configured to receive and contact a portion of the inlet housing (Figures 2 and 5 demonstrate that the cavity wall A will receive and contact a portion of the inlet housing 120 since a friction fit is created between inlet housing 120 and outlet housing 140; [0035]), the cavity wall (A) extending from an open end (See annotated Figure 5) to a closed end (See annotated Figure 5);
a sample collection slide (160; Figures 1-6) positioned within a sample collection enclosure (the slide 160 is positioned within a sample collection enclosure made up by an inner face of the inlet housing 120 and an inner face of the outlet housing 160; See Figures 5-6), the sample collection enclosure (the slide 160 is positioned within a sample collection enclosure made up by an inner face of the inlet housing 120 and an inner face of the outlet housing 160; See Figures 5-6) defined by an interior surface of said inlet housing and an interior surface of said outlet housing (the sample collection enclosure where the slide 160 is located is defined by the inner face of the inlet housing 120 and an inner face of the outlet housing 160; Figures 5-6), wherein an airway ([0040]) is defined extending from the inlet opening (124; See Figures 5-6), around the sample collection slide (160; [0040]) within the sample collection enclosure (See Figures 5-6), and to the outlet opening (144; See Figures 5-6), and wherein the sample collection slide (160) is accessible by unlocking the inlet housing from the outlet housing ([0035]).
Ryan 1 teaches the tapered walls of the inlet opening and locking of the inlet housing and the outlet housing but does not expressly teach the tapered walls forming an angle between 1 and 60 degrees, the locking of the 2 housings are done by way of a locking member, wherein the locking member comprises a plurality of teeth extending circumferentially around the entirety of said cavity wall, wherein each tooth of said plurality of teeth comprises a surface facing away from said outlet opening, and wherein a friction fitting seal is formed between said plurality of teeth and said outer surface of the inlet housing; and the sample collection enclosure comprising one or more positioning arms configured to secure the sample collection slide in position.
However, Lee teaches the locking of the 2 housings (56/12 and 60/14; Figures 1-2) are done by way of a locking member (16 and 18; Figures 1-2), wherein the locking member (16 and 18) comprises a plurality of teeth (16 and 18) extending circumferentially around the entirety of said cavity wall (Figures 1-2 demonstrates the teeth 16 and 18 extending circumferentially around the entirety of said cavity wall of element 12), wherein each tooth of said plurality of teeth (16 and 18) comprises a surface facing away from said outlet opening (Figures 1 and 2 demonstrates each teeth 16 and 18 having a vertical wall surface that faces away from the opening of element 12; See annotated Figure 1), and wherein a friction fitting seal (Column 5, Lines 19-25; Claim 8) is formed between said plurality of teeth (16 and 18) and said outer surface of the inlet housing (32 and 33; Figure 1; Claim 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the Lee’s locking member and associated structural configuration implemented on Ryan 1’s inlet housing and outlet housing in order to provide a water-tight locking engagement between the housings having an uninterrupted flush interior and exterior surface while at the same time can be locked and unlocked while having an uninterrupted flush interior and exterior surface (See Lee Column 2, Lines 11-16; Column 2, Line 59 – Column 3, Line 4; Column 5, Lines 19-25).
The combination of Ryan 1 and Lee teaches teach the tapered walls forming an angle between 1 and 60 degrees, the locking of the 2 housings are done by way of a locking member; and the sample collection enclosure comprising one or more positioning arms configured to secure the sample collection slide in position.
However, Ryan 2 teaches the sample collection enclosure (the slide 50 is positioned within a sample collection enclosure made up by an inner face of the top portion 20 and an inner face of the bottom portion 40; See Figures 5-6) comprising one or more positioning arms (36; Figures 3 and 4; [0041]) configured to secure the sample collection slide (50) in position ([0046]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Ryan 2’s one or more positioning arms implemented in Ryan 1 and Lee’s sample collection enclosure in order to secure the sample collection slide in position, this permits the slide to be positioned at the desired and adequate location for assuring collection of the sample.
The combination of Ryan 1, Lee and Ryan 2 teaches the sample collection enclosure and the tapered walls but does not expressly teach the tapered walls forming an angle between 1 and 60 degrees.
However, Baxter teaches the tapered walls forming an angle between 1 and 60 degrees (Column 3, Lines 51-64; Column 5, Lines 34-42).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Baxter’s tapered wall angle implemented to Ryan 1, Lee and Ryan 2’s tapered walls in order to achieve preferential collection of desired particles (See Baxter Column 3, Lines 51-64; Column 5, Lines 34-42).
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Regarding claim 4, Ryan 1 teaches wherein said outlet opening (144) is adapted for connection to a means for (fan; [0027]) drawing ([0027]) air through the cassette (since the gas or air is being drawn through the cassette 100, then the fan needs to be connected to the outlet housing; [0027, 0034]).
Regarding claim 6, Ryan 1 teaches wherein said insertable portion (portion of inlet housing 120 that is inserted into the cavity of outlet housing 160; See Figures 1-6) of said inlet housing (120; Figures 1-6) has a diameter equal to or greater than an internal diameter of said cavity of said outlet housing (in order to obtain a friction fit between housings 120 and 160, the insertable portion of inlet housing 120 needs to have a diameter equal or greater than an internal diameter of the cavity of the outlet housing 160; [0035]).
Regarding claim 21, the combination of Ryan 1, Lee, Ryan 2 and Baxter teach the sample collection slide and the airway but does not expressly teach wherein an adhesive medium is present on a collecting surface of the sample collection slide, and wherein said collecting surface is exposed to said airway.
However, Baxter further teaches wherein an adhesive medium (46; Figures 3 and 4; Column 5, Lines 41-58) is present on a collecting surface of the sample collection slide (the adhesive medium 46 is present in the top surface, i.e. collecting surface, of the sample collection slide 45; See Figures 3 and 4), and wherein said collecting surface (the adhesive medium 46 is present in the top surface, i.e. collecting surface, of the sample collection slide 45; See Figures 3 and 4) is exposed to said airway (Column 5, Lines 41-58).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Baxter’s adhesive medium presented on a collecting surface of Ryan 1, Lee, Ryan 2 ad Baxter’s sample collection slide along with having the collecting surface exposed to said airway in order to assure collection of particles on the surface of the slide, thus increasing the reliability and efficiency of the sampling collection (See Baxter Column 5, Lines 41-58).
Regarding claim 22, Ryan 1 teaches wherein the plurality of teeth (16 and 18) form vertically aligned rows (See Figures 1 and 2) of teeth along the entirety of said cavity wall (See Figures 1 and 2).
Claims 9, 11, 17-18 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Ryan 1 in view of Baxter in further view of Lee.
Regarding claim 9, Ryan 1 teaches a tamper resistant spore trap cassette (100; Figures 1-6), comprising: an inlet housing (120; Figures 1-6) defining an inlet opening (124; [0032]; Figures 1-6); wherein said inlet opening (124) comprises opposing tapered walls narrowing towards an inner inlet opening (Figure 5 demonstrates opposing tapered walls of the inlet opening 124 that narrows toward an inner inlet opening 128), the tapered walls forming an angle (Figure 5 demonstrates the tapered walls forming an angle); an outlet housing (140; Figures 1-6) defining an outlet opening (144; Figures 1-6; [0034]), wherein said inlet housing (120) and said outlet housing (140) are configured to join together (Figures 1-2 and 5-6 demonstrates the outlet housing 140 receiving the inlet housing 120) by pressing an insertable portion (portion of inlet housing 120 that is inserted into outlet housing 140; Figures 1-6) comprising a cylindrical outer surface (annotated Figure 2 demonstrates that the cylindrical portion that is inserted into outer housing 140 has a cylindrical outer surface) into a receiving area (area of outer housing 140 that receives the portion of the inlet housing 120; Figures 1-6) comprising a cylindrical inner surface (annotated Figure 2 demonstrates that the receiving area of outlet housing has a cylindrical inner surface), wherein said insertable portion (portion of inlet housing 120 that inserts into outlet housing 140) has a diameter equal to or greater than a diameter of said receiving area (area of outlet housing 140 that receives the insertable portion of inlet housing 120) such that upon insertion of said insertable portion into said receiving area said outlet housing and said inlet housing are joined together by a friction fitting seal ([0035]), an airway ([0040]) extending from said inlet opening (124; [0040]) to said outlet opening (144; [0040]); and a sample collection enclosure (the slide 160 is positioned within a sample collection enclosure made up by an inner face of the inlet housing 120 and an inner face of the outlet housing 160; See Figures 5-6) defined by an interior surface of said inlet housing and an interior surface of said outlet housing (the sample collection enclosure where the slide 160 is located is defined by the inner face of the inlet housing 120 and an inner face of the outlet housing 140; Figures 5-6); and a sample collection slide (160; Figures 1-6) positioned within said sample collection enclosure (the slide 160 is positioned within a sample collection enclosure made up by an inner face of the inlet housing 120 and an inner face of the outlet housing 160; See Figures 5-6) and exposed to said airway ([0040]), wherein said airway passes over and around said collection slide ([0040]), and wherein the sample collection slide (160) is accessible by unlocking the inlet housing (120) from the outlet housing (140; [0035]).
Ryan 1 teaches the sample collection enclosure and the tapered walls but does not expressly teach the tapered walls forming an angle between 1 and 60 degrees; a locking member comprising a plurality of teeth extending circumferentially around the entirety of said cylindrical inner surface, wherein each tooth of said plurality of teeth comprises a surface facing away from said cylindrical inner surface and the friction seal formed by the engagement of said plurality of teeth against the cylindrical outer surface of the insertable portion.
However, Baxter teaches the tapered walls forming an angle between 1 and 60 degrees (Column 3, Lines 51-64; Column 5, Lines 34-42).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Baxter’s tapered wall angle implemented to Ryan 1’s tapered walls in order to achieve preferential collection of desired particles (See Baxter Column 3, Lines 51-64; Column 5, Lines 34-42).
The combination of Ryan 1 and Baxter teaches the sample collection enclosure but does not expressly teach a locking member comprising a plurality of teeth extending circumferentially around the entirety of said cylindrical inner surface, wherein each tooth of said plurality of teeth comprises a surface facing away from said cylindrical inner surface and the friction seal formed by the engagement of said plurality of teeth against the cylindrical outer surface of the insertable portion.
However, Lee teaches a locking member (16 and 18; Figures 1-2) comprising a plurality of teeth (16 and 18) extending circumferentially around the entirety of said cylindrical inner surface (Figures 1-2 demonstrates the teeth 16 and 18 extending circumferentially around the entirety of said cylindrical inner surface of element 12), wherein each tooth of said plurality of teeth (16 and 18) comprises a surface facing away from said cylindrical inner surface (Figures 1 and 2 demonstrates each teeth 16 and 18 having a vertical wall surface that faces away from the opening of element 12; See annotated Figure 1) and the friction seal (Column 5, Lines 19-25; Claim 8) formed by the engagement of said plurality of teeth (16 and 18) against the cylindrical outer surface of the insertable portion (32 and 33; Figure 1; Claim 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the Lee’s locking member and associated structural configuration implemented on Ryan 1 and Baxter’s inlet housing and outlet housing in order to provide a water-tight locking engagement between the housings having an uninterrupted flush interior and exterior surface while at the same time can be locked and unlocked while having an uninterrupted flush interior and exterior surface (See Lee Column 2, Lines 11-16; Column 2, Line 59 – Column 3, Line 4; Column 5, Lines 19-25).
Regarding claim 11, Ryan 1 teaches wherein said outlet opening (144) is adapted for connection to a means for (fan; [0027]) drawing air ([0027]) through the cassette (since the gas or air is being drawn through the cassette 100, then the fan needs to be connected to the outlet housing; [0027, 0034]).
Regarding claim 17, the combination of Ryan 1, Baxter and Lee teaches the sample collection slide and the airway but does not expressly teach wherein an adhesive medium is present on a collecting surface of the sample collection slide, and wherein said collecting surface is exposed to said airway.
However, Baxter further teaches wherein an adhesive medium (46; Figures 3 and 4; Column 5, Lines 41-58) is present on a collecting surface of the sample collection slide (the adhesive medium 46 is present in the top surface, i.e. collecting surface, of the sample collection slide 45; See Figures 3 and 4), and wherein said collecting surface (the adhesive medium 46 is present in the top surface, i.e. collecting surface, of the sample collection slide 45; See Figures 3 and 4) is exposed to said airway (Column 5, Lines 41-58).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Baxter’s adhesive medium presented on a collecting surface of Ryan 1, Baxter and Lee’s sample collection slide along with having the collecting surface exposed to said airway in order to assure collection of particles on the surface of the slide, thus increasing the reliability and efficiency of the sampling collection (See Baxter Column 5, Lines 41-58).
Regarding claim 18, Ryan 1 teaches wherein said insertable portion (portion of inlet housing 120 that inserts into outlet housing 140; Figures 1-6) is positioned on said inlet housing (portion of inlet housing 120 that inserts into outlet housing 140; Figures 1-6) and said receiving area (area of outlet housing 140 that receives the portion from the inlet housing 120; Figures 1-6) is positioned on said outlet housing (area of outlet housing 140 that receives the portion from the inlet housing 120; Figures 1-6).
Regarding claim 23, Ryan 1 teaches wherein the plurality of teeth (16 and 18) form vertically aligned rows (See Figures 1 and 2) of teeth along the entirety of said cavity wall (See Figures 1 and 2).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Ryan 1, Baxter and Lee in further view of Ryan 2.
Regarding claim 10, the combination of Ryan 1, Baxter and Lee teaches the sample collection slide and the sample collection enclosure but does not expressly teach one or more positioning arms configured to secure the sample collection slide in position within the sample collection enclosure.
However, Ryan 2 teaches one or more positioning arms (36; Figures 3 and 4; [0041]) configured to secure the sample collection slide (50) within the sample collection enclosure ([0046]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Ryan 2’s one or more positioning arms implemented in Ryan 1, Baxter and Lee’s sample collection enclosure in order to secure the sample collection slide within the sample collection enclosure, this permits the slide to be positioned at the desired and adequate location for assuring collection of the sample.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Ryan 1, Baxter and Lee in view of Chen et al. (US 20070068223; hereinafter “Chen”; previously relied upon by the Examiner).
Regarding claim 19, the combination of Ryan 1, Baxter and Lee teaches the receiving area and the insertable portion but does not expressly teach wherein the receiving area is configured to expand to receive the insertable portion.
However, Chen teaches wherein the receiving area is configured to expand to receive the insertable portion ([0049]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Chen’s expanding characteristic implemented on Ryan 1, Baxter and Lee’s receiving area in order to ease in the connection between 2 portions while still providing a friction fit between them, this increase the ease of usage of the apparatus.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY W MEGNA FUENTES whose telephone number is (571)272-6456. The examiner can normally be reached M-F: 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Martin Laura can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY W MEGNA FUENTES/Examiner, Art Unit 2855
/LAURA MARTIN/SPE, Art Unit 2855
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