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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/06/2026 has been entered.
Status of Claims
The Office Action is in response to the remarks and amendments filed on 10/06/2026. Claim 2, 6 and 15 are cancelled. Accordingly, claims 1, 3-5, 7-14 and 16-20 are pending for consideration in this Office Action.
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, 3-5, 7, 8, 10, 11, 13, 14, 16, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Leoncavallo et al. (US8905255B2) in view of Haskins (US2899097A) and Vance et al. (US3289893A).
Regarding Claim 1, Leoncavallo teaches a bag holder for supporting a bioprocess bag during freezing [col. 5, lines 50-85], comprising:
a bag tray [pan 20, Figure 1] including:
a basin [depression 40, Figure 1], surrounded in part by a first side wall [side wall 42, Figure 1] and a second side wall [side wall 43, Figure 1];
a neck formed at one end of the basin [space 34, Figure 1], between the first side wall and the second side wall [where space 34 is centrally spaced on end 28, Figure 1; col. 4, lines 13-23], the neck having a height that is between a height of the bottom portion of the basin and a height of at least one of the first side wall or the second side wall [where space 34 interrupts the edge surfaces 30 and 31, Figure 5; col. 4, lines 13-23]; and
wherein the first side wall includes a first retaining features [pin 74, Figure 1], each of the first retaining features having a first shape [where pin 74 is a projection that tapers toward a distal end, Figure 1; col. 5, lines 40-49], where the first retaining feature comprises an upwards projection [where pin 74 is an upward projection, Figure 1; col. 5, lines 40-49],
the second side wall includes a second retaining feature [socket or hole 77, Figure 1], each of the second retaining features having a second shape [where socket or hole 77 tapers toward a closed end, Figure 1; col. 5, lines 40-49];
one or more notches [where in a further embodiment of Fig 16A, each of the edge surfaces 230, 231 has a recess or shoulder 229 located intermediate the ends 226, 228 and extending along a respective lateral edge 222, 224, Figure 16A; col. 10, lines 19-22] formed in each of the first side wall and the second side wall [lateral edges 222 and 224 of walls 242 and 243 respectively, Figure 16, where walls 242 and 244 are synonymous with walls 42 and 43 of Figure 1],
the first shape and the second shape are such that the first shape and the second shape can be mechanically joined to one another [col. 5, lines 40-49],
where the bag tray [pan 20, Figure 1] is a first bag tray [first pan 20a, Figure 6; col. 5, lines 29-49], the bag holder further comprising a second bag tray [second pan 20b, Figure 6], the second bag tray identical to the first bag tray [col. 2, lines 28-43].
Leoncavallo teaches the first retaining feature and the second retaining feature but does not teach where the first side wall includes a plurality of first retaining features and the second side wall includes a plurality of second retaining features. It is noted that it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VI B. Since applicant has not disclosed that placing a plurality of first retaining features to the first side wall and a plurality of second retaining features to the second wall does anything more than produce predictable results (i.e. coupling the bag tray to a second bag tray), the mere duplication of the first and second retaining features are not considered to have patentable significance. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify Leoncavallo to include where the first side wall includes a plurality of first retaining features and the second side wall includes a plurality of second retaining features, in order to predictably provide secure coupling of the bag tray to a second bag tray.
Leoncavallo further does not teach where the first retaining features comprise an upwards projection with a tab extending outwards from a side of the upwards projection and wherein each of the second retaining features comprises an opening.
However, Haskins teaches a container [col. 1, lines 15-24] where the first retaining feature [finger 8 and hook 9, Figure 1] comprises an upwards projection [finger 8, Figure 1] with a tab [hook 9, Figure 1] extending outwards from a side of the upwards projection [where each finger has a lip or hook 9 at its free end that is out-turned; col. 1, lines 43-48] and wherein each of the second retaining features comprises an opening [hole or slot 10 in the other cup, Figure 1] where one of ordinary skill in the art would have been capable of applying the substitution of known elements, pin and hole, for another, hook and hole, and yield predictable results, i.e., preventing accidental disengagement [Haskins, col. 1, lines 19-24] while minimizing unique pieces for manufacturing [Haskins, col. 1, lines 36-42].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Leoncavallo to have where the first retaining features comprise an upwards projection with a tab extending outwards from a side of the upwards projection and wherein each of the second retaining features comprises an opening in view of the teachings of Haskins where the substitution of elements for another would have yielded predictable results i.e. preventing accidental disengagement [Haskins, col. 1, lines 19-24] while minimizing unique pieces for manufacturing [Haskins, col. 1, lines 36-42].
Leoncavallo as modified does not teach wherein a first notch in the first side wall is located between two of the plurality of first retaining features and a second notch in the second side wall is located between two of the plurality of second retaining features, the first notch and the second notch forming a pair of notches configured to retain a partial fill bar.
However, Vance teaches a dispenser construction for a collapsible tube [col. 1, lines 9-22] wherein a first notch [notches 37, Figure 5] in the first side wall [at side 35 of Figure 5] is located between two of the plurality of first retaining features [ribs 34 and hinge pins 33, Figure 5, refer to the discussion above in regard to the duplication of parts] and a second notch in the second side wall [where notches 37 are on opposing sides 35, Figure 5] is located between two of the plurality of second retaining features, the first notch and the second notch [ribs 34 and hinge pins 33, Figure 5, refer to the discussion above in regard to the duplication of parts] forming a pair of notches configured to retain a partial fill bar [resilient roller 39, Figure 5; col. 2, lines 11-24] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., providing a convenient dispensing operation that maintains the bag in proper alignment throughout operation [col. 1 ,lines 23-26].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have wherein a first notch in the first side wall is located between two of the plurality of first retaining features and a second notch in the second side wall is located between two of the plurality of second retaining features, the first notch and the second notch forming a pair of notches configured to retain a partial fill bar in view of the teachings of Vance where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., providing a convenient dispensing operation that maintains the bag in proper alignment throughout operation [col. 1 ,lines 23-26].
Regarding Claim 4, Leoncavallo, as modified, teaches the invention of claim 3 and further teaches where when the first bag tray [first pan 20a, Figure 6] is joined to the second bag tray [second pan 20b, Figure 6], the bag holder includes an opening in communication with the neck of the first bag tray [opening 114, Figure 6; col.5 line 59 - col.6 line 3].
Regarding Claim 5, Leoncavallo, as modified, teaches the invention of claim 1 and does not teach the invention further comprising the partial fill bar comprising a resilient material [resilient roller 39, Figure 5; col. 2, lines 11-24] and is configured to extend from the first side wall of the bag tray to the second side wall of the bag tray [at notches of opposing sides 35 across spacers 42, Figure 5 of Vance, refer to the rejection of claim 1 above in view of Vance].
Regarding Claim 7, Leoncavallo, as modified, teaches the invention of claim 1 and further teaches where the basin [depression 40, Figure 1] includes a flat bottom surface [surface 44, Figure 1; col. 4, lines 24-38].
Regarding Claim 8, Leoncavallo, as modified, teaches the invention of claim 1 and further teaches where one or more bulkheads [lateral edges 22 and 24, Figure 5] around at least a portion of the basin [where lateral edges 22 and 24 are along portions of ends 26 and 28; col. 4 lines 13-23].
Regarding Claim 10, Leoncavallo, as modified, teaches the invention of claim 1 and further teaches where the first shape [where pin 74 is a projection that tapers toward a distal end, Figure 1; col. 5, lines 40-49, refer to the rejection of claim 1 above in view of Haskins] and the second shape [where pin 74 is a projection that tapers toward a distal end, Figure 1; col. 5, lines 40-49] are complementary to one another [col. 5, lines 40-49].
Regarding Claim 11, Leoncavallo, as modified, teaches the invention of claim 1 and does not teach the partial fill bar, wherein the first bag tray and the second bag tray are configured such that when the first bag tray is joined to the second bag tray, the partial fill bar can be retained between the first bag tray and the second bag tray such that the partial fill bar extends across the space defined by the basin of the first bag tray and the basin of the second bag tray from the first side wall of the first bag tray to the second side wall of the first bag tray.
However, Vance teaches a dispenser construction for a collapsible tube [col. 1, lines 9-22] where the partial fill bar [roller 39, Figure 5], wherein the first tray [second half 32, where the first and second halves 31 and 32 are where substantially identical, Figure 5; col. 2, lines 11-15] and the second tray [first half 31, Figure 5; col. 2, lines 11-15] are configured such that when the first bag tray is joined to the second bag tray, the partial fill bar can be retained between the first bag tray and the second bag tray [where opposite sides 35 of both halves 31, 32 have notches 37 in their inner edges to receive the projecting ends of shafts 38 on which are mounted resilient rollers 39, Figure 5; col. 2, lines 21-24] such that the partial fill bar extends across the space defined by the basin of the first bag tray and the basin of the second bag tray [across spacers 42, Figure 5] from the first side wall of the first tray to the second side wall of the first tray [opposite side 25, Figure 5] Leoncavallo as modified does not teach wherein a first notch in the first side wall is located between two of the plurality of first retaining features and a second notch in the second side wall is located between two of the plurality of second retaining features, the first notch and the second notch forming a pair of notches configured to retain a partial fill bar.
However, Vance teaches a dispenser construction for a collapsible tube [col. 1, lines 9-22] wherein a first notch [notches 37, Figure 5] in the first side wall [at side 35 of Figure 5] is located between two of the plurality of first retaining features [ribs 34 and hinge pins 33, Figure 5, refer to the discussion above in regard to the duplication of parts] and a second notch in the second side wall [where notches 37 are on opposing sides 35, Figure 5] is located between two of the plurality of second retaining features, the first notch and the second notch [ribs 34 and hinge pins 33, Figure 5, refer to the discussion above in regard to the duplication of parts] forming a pair of notches configured to retain a partial fill bar [resilient roller 39, Figure 5; col. 2, lines 11-24] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., providing a convenient dispensing operation that maintains the bag in proper alignment throughout operation [col. 1 ,lines 23-26].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have wherein a first notch in the first side wall is located between two of the plurality of first retaining features and a second notch in the second side wall is located between two of the plurality of second retaining features, the first notch and the second notch forming a pair of notches configured to retain a partial fill bar in view of the teachings of Vance where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., providing a convenient dispensing operation that maintains the bag in proper alignment throughout operation [col. 1, lines 23-26].
Regarding Claim 13, Leoncavallo teaches a method of manufacturing a bag holder for freezing of a bioprocess bag [col. 5, lines 50-85], comprising: forming [col. 15, lines 2-17] a first bag tray [first pan 20a, Figure 6], the first bag tray including:
a basin [pan 20, Figure 1], surrounded in part by a first side wall [side wall 42, Figure 1] and a second side wall [side wall 43, Figure 1];
a neck formed at one end of the basin [space 34, Figure 1], between the first side wall and the second side wall [where space 34 is centrally spaced on end 28, Figure 1; col. 4, lines 13-23], the neck having a height that is between a height of the bottom portion of the basin and a height of at least one of the first side wall or the second side wall [where space 34 interrupts the edge surfaces 30 and 31, Figure 5; col. 4, lines 13-23]; and
wherein the first side wall includes a first retaining feature [pin 74, Figure 1], each of the first retaining features having a first shape [where pin 74 is a projection that tapers toward a distal end, Figure 1; col. 5, lines 40-49], wherein the first retaining features comprise an upwards projection [where pin 74 is an upward projection, Figure 1; col. 5, lines 40-49], the second side wall includes a second retaining feature [socket 77, Figure 1], each of the second retaining features having a second shape [where socket 77 tapers toward a closed end, Figure 1; col. 5, lines 40-49],
one or more notches [where in a further embodiment of Fig 16A, each of the edge surfaces 230, 231 has a recess or shoulder 229 located intermediate the ends 226, 228 and extending along a respective lateral edge 222, 224, Figure 16A; col. 10, lines 19-22] formed in each of the first side wall and the second side wall [lateral edges 222 and 224 of walls 242 and 243 respectively, Figure 16, where walls 242 and 244 are synonymous with walls 42 and 43 of Figure 1], and
the first shape and the second shape are such that the first shape and the second shape can be mechanically joined to one another [col. 5, lines 40-49]; and
forming [col. 15, lines 2-17] a second bag tray [second pan 20b, Figure 6] identical to the first [col. 2, lines 28-43].
Leoncavallo teaches where the first side wall includes a first retaining features and the second side wall includes a second retaining feature but does not teach where the first side wall includes a plurality of first retaining features and the second side wall includes a plurality of second retaining features. It is noted that it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VI B. Since applicant has not disclosed that placing a plurality of first retaining features to the first side wall and a plurality of second retaining features to the second wall does anything more than produce predictable results (i.e. coupling the bag tray to a second bag tray), the mere duplication of the first and second retaining features are not considered to have patentable significance.
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify Leoncavallo to include where the first side wall includes a plurality of first retaining features and the second side wall includes a plurality of second retaining features, in order to predictably provide secure coupling of the bag tray to a second bag tray.
Leoncavallo does not teach where the first retaining features comprise an upwards projection with a tab extending outwards from a side of the upwards projection and wherein each of the second retaining features comprises an opening.
However, Haskins teaches a container [col. 1, lines 15-24] where the first retaining feature [finger 8 and hook 9, Figure 1] comprises an upwards projection [finger 8, Figure 1] with a tab [hook 9, Figure 1] extending outwards from a side of the upwards projection [where each finger has a lip or hook 9 at its free end that is out-turned; col. 1, lines 43-48] and wherein each of the second retaining features comprises an opening [hole or slot 10 in the other cup, Figure 1] where one of ordinary skill in the art would have been capable of applying the substitution of known elements, pin and hole, for another, hook and hole, and yield predictable results, i.e., preventing accidental disengagement [Haskins, col. 1, lines 19-24] while minimizing unique pieces for manufacturing [Haskins, col. 1, lines 36-42].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Leoncavallo to have where the first retaining features comprise an upwards projection with a tab extending outwards from a side of the upwards projection and wherein each of the second retaining features comprises an opening in view of the teachings of Haskins where the substitution of elements for another would have yielded predictable results i.e., preventing accidental disengagement [Haskins, col. 1, lines 19-24] while minimizing unique pieces for manufacturing [Haskins, col. 1, lines 36-42].
Leoncavallo as modified does not teach wherein a first notch in the first side wall is located between two of the plurality of first retaining features and a second notch in the second side wall is located between two of the plurality of second retaining features, the first notch and the second notch forming a pair of notches configured to retain a partial fill bar.
However, Vance teaches a dispenser construction for a collapsible tube [col. 1, lines 9-22] wherein a first notch [notches 37, Figure 5] in the first side wall [at side 35 of Figure 5] is located between two of the plurality of first retaining features [ribs 34 and hinge pins 33, Figure 5, refer to the discussion above in regard to the duplication of parts] and a second notch in the second side wall [where notches 37 are on opposing sides 35, Figure 5] is located between two of the plurality of second retaining features, the first notch and the second notch [ribs 34 and hinge pins 33, Figure 5, refer to the discussion above in regard to the duplication of parts] forming a pair of notches configured to retain a partial fill bar [resilient roller 39, Figure 5; col. 2, lines 11-24] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., providing a convenient dispensing operation that maintains the bag in proper alignment throughout operation [col. 1 ,lines 23-26].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have wherein a first notch in the first side wall is located between two of the plurality of first retaining features and a second notch in the second side wall is located between two of the plurality of second retaining features, the first notch and the second notch forming a pair of notches configured to retain a partial fill bar in view of the teachings of Vance where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., providing a convenient dispensing operation that maintains the bag in proper alignment throughout operation [col. 1 ,lines 23-26].
Regarding Claim 14, Leoncavallo teaches the method of claim 13 and further teaches where forming the first bag tray [first pan 20a, Figure 6] includes thermoforming or injection molding a material [col. 15, lines 2-17].
Regarding Claim 16, Leoncavallo teaches the method of claim 13 and further teaches wherein the basin [depression 40, Figure 1] includes a flat bottom surface [surface 44, Figure 1; col. 4, lines 24-38].
Regarding Claim 17, Leoncavallo teaches the method of claim 13 and further teaches where one or more bulkheads [lateral edges 22 and 24, Figure 5] around at least a portion of the basin [where lateral edges 22 and 24 are along portions of ends 26 and 28; col. 4 lines 13-23].
Regarding Claim 19, Leoncavallo, as modified, teaches the method of claim 13 but does not teach the first bag tray and the second bag tray are configured such that when the first bag tray is joined to the second bag tray, the partial fill bar can be retained between the first bag tray and the second bag tray such that the partial fill bar extends across the space defined by the basin of the first bag tray and the basin of the second bag tray from the first side wall of the first bag tray to the second side wall of the first bag tray.
However, Vance teaches a dispenser construction for a collapsible tube [col. 1, lines 9-22] when the first bag tray is joined to the second tray [second half 32, where the first and second halves 31 and 32 are where substantially identical, Figure 5; col. 2, lines 11-15], the partial fill bar can be retained between the first tray and the second tray [where opposite sides 35 of both halves 31, 32 have notches 37 in their inner edges to receive the projecting ends of shafts 38 on which are mounted resilient rollers 39, Figure 5; col. 2, lines 21-24] such that the partial fill bar extends across the space defined by the basin of the first bag tray and the basin of the second bag tray [across spacers 42, Figure 5] from the first side wall of the first bag tray to the second side wall of the first bag tray [opposing sides 35, Figure 5] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., providing a convenient dispensing operation that maintains the bag in proper alignment throughout operation [col. 1 ,lines 23-26].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have wherein the first bag tray and the second bag tray are configured such that when the first bag tray is joined to the second bag tray, the partial fill bar can be retained between the first bag tray and the second bag tray such that the partial fill bar extends across the space defined by the basin of the first bag tray and the basin of the second bag tray from the first side wall of the first bag tray to the second side wall of the first bag tray in view of the teachings of Vance where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., providing a convenient dispensing operation that maintains the bag in proper alignment throughout operation [col. 1, lines 23-26].
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Leoncavallo et al. (US8905255B2) in view of Haskins (US2899097A) and Vance et al. (US3289893A) and in further view of Maeda et al. (JP6838906B2).
Regarding Claim 9, Leoncavallo, as modified, teaches the invention of claim 1 and does not teach where a metal insert forms a portion of the basin.
However, Maeda teaches a container for quick freezing of a liquid bag [0001] where a metal insert [second metal flat plate 7, Figure 1; 0021] forms a portion of the basin [bag housing part 3; 0025], where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e., uniformly cooling the surface of the bag without damaging the bag [0019].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Leoncavallo where a metal insert forms a portion of the basin in view of the teachings of Maeda where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e., uniformly cooling the surface of the bag without damaging the bag [0019].
Regarding Claim 18, Leoncavallo, as modified, teaches the method of claim 13 and does not teach where forming the first bag tray includes providing a metal sheet, the metal sheet forming a portion of the basin.
However, Maeda teaches a container for quick freezing of a liquid bag [0001] where a metal insert [second metal flat plate 7, Figure 1; 0021] forms a portion of the basin [bag housing part 3; 0025], where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e., uniformly cooling the surface of the bag without damaging the bag [0019].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of Leoncavallo where forming the first bag tray includes providing a metal sheet, the metal sheet forming a portion of the basin in view of the teachings of Maeda where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e., uniformly cooling the surface of the bag without damaging the bag [0019].
Allowable Subject Matter
Claims 12 and 20 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.
The following is an examiner’s statement of reasons for allowance:
Regarding Claims 12 and 20, the subject matter which is considered to distinguish from the closest prior art of record, Vance (US3289893A), where Vance teaches a dispenser construction for a collapsible tube [col. 1, lines 9-22] where the first tray [lower portion 12, Figure 1 and 2] and the second tray [upper portion 11, Figure 2] are configured such that the partial fill bar can be slid [where the extending portion of the shaft 38 moves, as will become apparent, in a slot 41 along an inner edge of one of the sides of the first case portion 11; col. 2, lines 28-31; where knob 40 can rotate along slot 41 in the opposing direction; col. 2, lines 65-72] in a direction extending from the neck to a back wall of the basin opposite the neck [from projection 28 to the lateral arms side of case 10, Figure 2], where the embodiment is a different embodiment from Figure 5 where a first notch in the first side wall is located between two of the plurality of first retaining features and a second notch in the second side wall is located between two of the plurality of second retaining features, the first notch and the second notch forming a pair of notches configured to retain a partial fill bar, as recited in claim 11 and claim 13.
Therefore, it would not be obvious to modify the technique of the prior art structures to have the apparatus as claimed without improper hindsight and dependent claims 12 and 20 are considered allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments 10/06/2026 pursuant rejections under 35 U.S.C. 103 with respect to claims 1 and 13 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.
Applicant does not separately argue the rejection of claims 3-5 and 7-12 except for their dependence upon claim 1 and claims 14 and 16-20 except for their dependence upon claim 13.
Accordingly, the rejections of record are considered proper and remain.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEONA LAUREN BANKS whose telephone number is (571)270-0426. The examiner can normally be reached Mon-Fri 8:30- 5:00 EST.
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/KEONA LAUREN BANKS/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
