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 .
This is a FINAL REJECTION in response to applicant’s claim amendments and arguments filed December 5, 2025. Claims 14 and 17-19 are currently amended. Claim 20 was previously withdrawn from consideration. Claims 1-19 are pending review in this correspondence.
Response to Amendment
Objection to claims 4, 14, and 17-19 is withdrawn in view of applicant’s claim amendments.
Rejection of claim 18 under 35 U.S.C. 112(b) for being indefinite is withdrawn in view of applicant’s claim amendments.
Rejection of claims 1, 3-6, 8, 9, and 13 as being anticipated by Lohn et al (US 2005/0069460 A1) is maintained in view of applicant’s arguments.
Rejection of claims 2, 7, 11, 12, and 14-18 as being unpatentable over Lohn et al (US 2005/0069460 A1) in view of Rethwisch (EP 3575000 A1) is maintained in view of applicant’s arguments.
Rejection of claim 10 as being unpatentable over Lohn et al (US 2005/0069460 A1) is maintained in view of applicant’s arguments.
Rejection of claim 19 as being unpatentable over Lohn et al (US 2005/0069460 A1) in view of Naumann et al (US 2013/0068041 A1) is maintained in view of applicant’s arguments.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-6, 8, 9, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lohn et al (US 2005/0069460 A1) (provided by applicant in IDS filed 2/6/2024).
With respect to claim 1 Lohn discloses a pipette tip (pipette tip 1, See Fig. 1 and Para. 0033) made of plastic (See abstract, Para. 0026, and Claim 1) and comprising:
a tubular body (tubular body 2, See Para. 0033) including an outer circumference and an inner circumference (See Para. 0039 for discussion of the body 2 having an inner and outer face; See Figs. 1a-b wherein the inner surface of the body comprises the inner circumference and the outer surface of the body comprises the outer circumference), the tubular body comprises:
a bottom end (lower end 3) defining a bottom opening (pipetting aperture 4) configured for passage of a liquid (See Fig. 1a and Para. 0034),
a top end (upper end 5) defining a top opening (placement aperture 6) configured to clamp onto a mount of a pipetting device (See Figs. 1a-b and Para. 0034),
a seat region (contact region 8) for the mount positioned proximate to the top opening and on the inner circumference of the tubular body (See Fig. 1d and Para. 0042), and
a plurality of flattenings (embodiment 15 in Fig. 1b reproduced below) extending in an axial direction on the outer circumference proximate to the top opening,
wherein the tubular body comprises a contour of an arc polygon in a cross-section through the flattenings on the outer circumference (See Fig. 1b for depiction of how a top cross section of the opening 6 of the pipette tip reflects that of a rectangular arc polygon; Para. 0036 discusses how a cross-section of rib 7 has a wave-shaped path or extends in a wave shape or sine-shape relative to a plane extending perpendicular to the longitudinal axis of the pipette tip).
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Fig. 1b (reproduction)
With respect to claim 3 Lohn discloses that the flattenings extend upward up to a distance from the top end of the tubular body (See Fig. 1b reproduced above for depiction of the flattenings extending through upper end 5 to the aperture 6).
With respect to claim 4 Lohn discloses that the flattenings extend up to the top end of the tubular body (See 1b reproduced above for depiction of the flattenings extending through upper end 5 to the aperture 6).
With respect to claim 5 Lohn discloses that the flattenings extend downward to a shoulder (circumferential rib 7) on the outer circumference of the tubular body (See Fig. 1b reproduced above and Para. 0036 for discussion of how, from a distance from the upper end 5 the head section 2”’ has a circumferential rib 7 along a closed curve).
With respect to claim 6 Lohn discloses that the tubular body comprises at least three flattenings (See reproduction of Fig. 1b depicted above; See Para. 0036 for discussion of how the rib extends over three periods of a sine function; Para. 0039 discusses three further ribs 10’, 10”, 10”’ parallel to the longitudinal axis of the tubular body 2 as far as the upper end 5, which is depicted in Fig. 1b).
With respect to claim 8 Lohn discloses that in a cross-section through the flattenings of the tubular body, the tubular body comprises the contour of a regular arc polygon (See Para. 0033 for discussion of how the elongate tubular body 2 comprises a conical first section 2', a cylindrical main section 2" and a head section 2'"; See Para. 0036 for discussion of how at a distance from the upper end the head section 2”’ has the circumferential rib 7 along a closed curve; there are further discussion of options of the cross-sectional shape; See Fig. 1b).
With respect to claim 9 Lohn discloses that the flattenings run parallel to a center axis of the tubular body (See Fig. 1b; Para. 0039 for discussion of how the three further ribs 10’, 10”, 10”’ run parallel to the longitudinal axis of the tubular body, and these three ribs run in the same direction as the flattenings depicted in Fig. 1b reproduced above).
With respect to 13, Lohn discloses that the tubular body comprises at least one inwardly projecting braking structure running in a circumferential direction (See Fig. 1c and Para. 0040 for depiction and discussion of inwardly projecting steps 13’, 13”, and 13”’ to restrict the placement on a receiving shank; these steps run discontinuously in a circumferential direction of the pipette tip).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2, 7, 11, 12, and 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lohn et al (US 2005/0069460 A1) in view of Rethwisch (EP 3575000 A1) (provided by applicant in IDS filed 2/6/2024) (reference will be made to related US application 2021/0213441 A1 for English translation).
Refer above for the disclosure of Lohn.
With respect to claim 2, Lohn fails to disclose that the flattenings extend in an axial direction at least over part of the seat region.
Rethwisch teaches a pipette tip (1) that comprises a tubular body (2) including an inner circumference and an outer circumference (See abstract and Para. 0089). The tubular body comprises a bottom opening (4) defined at a bottom end (3) of the tubular body and a top opening (6) defined at a top end (5) and configured to clamp onto an attachment of a pipetting device (See abstract). In general, the inner and the outer diameter of the tubular body increase from the bottom opening to the top opening. The tubular body has a conical initial section (7) at the bottom, above that a middle section (8) with a smaller cone angle than the initial section, and above that, a cylindrical head section (9) with larger outer dimensions than the middle section. Next to the top opening, the tubular body has a seat region (15) for a conical attachment of a pipetting device. The seat region extends into a head section (9) and is conical with a cone angle of 2° (See para. 0095). Grooves (11) extended in an axial direction are present in the outer circumference of the head section (areas in-between grooves are represented as flattenings in Figs. 1a-c reproduced below). The grooves extend over the entire length of the head section, i.e., from the top end to the bottom end of the head section. They are oriented parallel to the middle axis of the tubular body. Each pipette tip has three grooves that are evenly distributed over the outer circumference of the head section (See Figs. 1a-c reproduced below and Para. 0093). The grooves extend from the top end of the tubular body downward, which can make the plastic deformation of the groove easier during mounting of an attachment and promote a sealing clamping of the pipette tip with slight mounting force (See Paras. 0030 and 0041).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to extend the grooves/flattenings pas the seat region, as taught by Rethwisch, into the pipette tip of Lohn to ensure that plastic deformation of the grooves between the flattenings easier during mounting of an attachment (See Paras. 0030 and 0041 of Rethwisch).
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Figs. 1a-c (reproduction)
With respect to claim 7, Lohn appears to depict that, in a cross-section through the tubular body, each of the plurality of flattenings are at least one of: (1) equally wide; and (2) equally curved. However, there is no specific disclosure of this feature.
Rethwisch teaches that grooves (11) of the pipette tip (1) are extend in an axial direction in the outer circumference of the head section (9). Each pipette tip has three groove that are evenly distributed over the outer circumference of the head section (See Figs. 1a-d and 5a and Para. 0094). The even distribution of the grooves over the outer circumference of the tip body yield even expansion and limitation of the mounting and ejection forces (See para. 0041). It should be noted that the flattenings depicted in Fig. 1c reproduced above appears to also be even distributed over the outer circumference of the tip body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the even distribution of the flattenings, as taught by Rethwisch, into the pipette tip of Lohn to yield even expansion and limitation of the mounting and ejection forces from inserting and removing a pipetting aid (See Para. 0041 of Rethwisch).
With respect to claim 11 Lohn fails to disclose that, wherein in a cross-section through the flattenings, the tubular body comprises a circular contour on the inner circumference.
Rethwisch teaches a pipette tip 1 that has an elongated tubular body 2 that has a bottom opening 4 in the bottom end 3 and a top opening 6 in the top end 5 (See Para. 0090). In general, the inner and the outer diameter of the tubular body 2 increase from the bottom opening 4 to the top opening 6. The tubular body 2 has a conical initial section 7 at the bottom, above that a middle section 8 with a smaller cone angle than the initial section 7, and above that, a cylindrical head section 9 with larger outer dimensions than the middle section 8 (See Para. 0090). The tubular body is configured to be mounted by the seat region onto a cylindrical attachment so that it expands plastically within the groove in the circumferential direction (See Para. 0022).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the cylindrical shape of the inner diameter of the head section of the pipette tip or Rethwisch into flattening section of the tubular body of Lohn to ensure adequate mounting by the seat region onto a compatible cylindrical attachment so that it expands plastically within the groove in the circumferential direction (See Para. 0022 of Rethwisch).
With respect to 12, Lohn fails to disclose the incorporation of a sealing structure positioned on the inner circumference of the seat region, wherein the sealing structure is configured to project inward and run.
Rethwisch teaches a pipette tip (1) that comprises a tubular body (2) including an inner circumference and an outer circumference (See abstract and Para. 0089). The tubular body comprises a bottom opening (4) defined at a bottom end (3) of the tubular body and a top opening (6) defined at a top end (5) and configured to clamp onto an attachment of a pipetting device (See abstract). In general, the inner and the outer diameter of the tubular body increase from the bottom opening to the top opening. The tubular body has a conical initial section (7) at the bottom, above that a middle section (8) with a smaller cone angle than the initial section, and above that, a cylindrical head section (9) with larger outer dimensions than the middle section. Next to the top opening, the tubular body has a seat region (15) for a conical attachment of a pipetting device. The seat region extends into a head section (9) and is conical with a cone angle of 2°. The tubular body has an inwardly projecting, circumferential sealing bead (16) on the inner circumference of the seat region. The sealing bead forms the top end of the seat region (See Para. 0095) and facilitates the introduction of the attachment of the pipetting device into the pipette tip (See para. 0038).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the circumferential sealing bead of Rethwisch into the tubular body of the pipette tip of Lohn to more easily facilitate the introduction of the pipetting device into the pipette tip (See para. 0038 of Rethwisch).
With respect to claim 14, Lohn fails to disclose that the tubular body comprises at least one of: (1) several sealing structures; (2) guide structures; and (3) braking structures on the inner circumference and comprising a wave-shaped contour in a longitudinal section through the tubular body.
Rethwisch teaches a pipette tip (1) that comprises a tubular body (2) including an inner circumference and an outer circumference (See abstract and Para. 0089). The tubular body comprises a bottom opening (4) defined at a bottom end (3) of the tubular body and a top opening (6) defined at a top end (5) and configured to clamp onto an attachment of a pipetting device (See abstract). In general, the inner and the outer diameter of the tubular body increase from the bottom opening to the top opening. The tubular body has a conical initial section (7) at the bottom, above that a middle section (8) with a smaller cone angle than the initial section, and above that, a cylindrical head section (9) with larger outer dimensions than the middle section. Next to the top opening, the tubular body has a seat region (15) for a conical attachment of a pipetting device. The seat region extends into a head section (9) and is conical with a cone angle of 2°. The tubular body has an inwardly projecting, circumferential sealing bead (16) on the inner circumference of the seat region. The sealing bead forms the top end of the seat region (See Para. 0095) and facilitates the introduction of the attachment of the pipetting device into the pipette tip (See para. 0038). At a further distance from the top opening 6, the tubular body has an inwardly projecting closed circumferential guide structure 18 in the form of a guide bead. The guide structure 18 has a distance of 5.3 mm from the top opening 6. The guide bead 18 projects 0.03 mm from the seat region 15. Alternatively instead of the circumferential guide structure 18, intermittent or sectional circumferential guide structures are present, for example three guide cams distributed evenly over the niter circumference of the seat region 15 (See Para. 0097). Additionally, it should be noted that Rethwisch depicts that the various interior components of the internal circumference of the pipette tip are disposed and take on a wave-shaped contour in the longitudinal direction, similar to Fig. 1e of applicant’s drawings submitted 3/24/2022.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate plurality of circumferential sealing beads, or guide structures, of Rethwisch into the tubular body of the pipette tip of Lohn to more easily facilitate the introduction of the pipetting device into the pipette tip (See paras. 0038 and 0097 of Rethwisch).
With respect to claim 15 Lohn fails to disclose that the tubular body comprises a widening at the top opening.
Rethwisch teaches that the top opening (6) of the pipette tip has an insertion chamfer (17) with a conical contour extends from the top opening 6 to the sealing bead 16. The cone angle of the insertion chamfer 17 is 16° (See Para. 0095). The insertion chamfer further serves to facilitate the introduction of the pipette tip at the top opening on the inner circumference (See Para. 0038).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the insertion chamber taught by Rethwisch into the tip opening of the pipette tip of Lohn to facilitate the introduction of the pipette tip at the top opening on the inner circumference (See Para. 0038 of Rethwisch).
With respect to claim 16 Rethwisch fails to disclose that the tubular body comprises a thermoplastic.
Rethwisch teaches that the pipette tip is produced from at least thermoplastic, preferably from at least one polyolefin, preferably from at least one polypropylene (PP) and/or polyethylene (PE) (See Para. 0054). It is not uncommon for pipetting devices to be part of a laboratory machine that can perform additional treatments of liquid (such as mixing, heating and analyzing) in addition to metering (See Para. 0008).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the thermoplastic material of the pipette tip of Rethwisch into the pipette tip of Lohn such that the tip can be used in processes that perform additional treatments of liquids, to include heating of a liquid (See Paras. 0008 and 0054 of Rethwisch).
With respect to claim 17 Lohn fails to disclose that the tubular body comprises at least one of the following:
(1) a wall thickness of the tubular body at a corner of the arc polygon falls within a range of 0.3 to 1 mm;
(2) the seat region is internally conical with a downwardly tapering diameter, wherein the cone angle of the seat region is in a range of 10 to 60;
(3) the seat region is configured to be mounted on a mount, wherein a cone angle of the mount or of a conical section of the mount is in a range of 1.00 to 100;
(4) the wall thickness of the tubular body in a region of the flattenings is a maximum of 0.3 mm (Para. 0024 of Lohn discusses that the head section 2'" on the two faces of the circumferential rib 7 between the ribs 10', 10", 10'" and 11', 11" and 11'" the body 2 has a wall thickness which is reduced relative to the main section 2);
(5) the wall thickness of the tubular body in the region of the flattenings is a minimum of 0.1 mm (Para. 0024 of Lohn discusses that the head section 2'" on the two faces of the circumferential rib 7 between the ribs 10', 10", 10'" and 11', 11" and 11'" the body 2 has a wall thickness which is reduced relative to the main section 2);
(6) the flattenings extend in the longitudinal direction of the tubular body over a length of at least 4 mm; or
(7) the flattenings extend in the longitudinal direction of the tubular body at least over one of: (i) two sealing structures; (ii) guide structures; (iii) braking structures.
Rethwisch teaches that the tubular body has a wall thickness of a maximum of 0.2 mm at the base of the groove, and/or a wall thickness of at least 0.25 mm in the circumferential direction next to the groove. The base of the groove is the point or the section of the groove at which the groove has the greatest depth in a horizontal cross-sectional plane through the tubular body. Preferably, pipette tips comprising at least a polyolefin, preferably consisting of at least a polypropylene (PP) and/or polyethylene (PE) that maintain this wall thickness can be plastically expanded within the groove in a circumferential direction while mounting with the specific maximum three on the specific attachment without being plastically expanded next to the groove. (See Para. 0026; ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the 0.25mm wall thickness next to the groove of the pipette tip of Rethwisch into the flattenings of Lohn to ensure the integrity of the pipette tip in the area of the flattenings is maintained upon insertion of a pipetting aid into the pipette tip (See Para. 0026 of Rethwisch).
With respect to claim 18, the combination of Lohn and Rethwisch teaches at least one sealing structure being distributed in the longitudinal direction of the tubular body (See Fig. 1b and Paras. 0095-0097 of Rethwisch for discussion of sealing bead 16 disposed towards the top of seat region 15, and an additional inwardly projecting closed circumferential guide structure 18 that projects 0.03 mm from the seat region. Alternatively, instead of the circumferential guide structure 18, intermittent or sectional circumferential guide structures are present, for example three guide cams distributed evenly over the entire circumference of the seat region 15).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lohn et al (US 2005/0069460 A1).
With respect to claim 10, although Lohn does not disclose that the flattenings are oriented helically around a center axis of the tubular body, the courts held In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) that a change in shape is matter of choice in which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed apparatus was significant.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lohn et al (US 2005/0069460 A1) in view of Naumann et al (US 2013/0068041 A1).
With respect to claim 19, Lohn discloses a pipette tip (pipette tip 1, See Fig. 1 and Para. 0033) made of plastic (See abstract, Para. 0026, and Claim 1) and comprising:
a tubular body (tubular body 2, See Para. 0033) including an outer circumference and an inner circumference (See Para. 0039 for discussion of the body 2 having an inner and outer face; See Figs. 1a-b wherein the inner surface of the body comprises the inner circumference and the outer surface of the body comprises the outer circumference), the tubular body comprises:
a bottom end (lower end 3) defining a bottom opening (pipetting aperture 4) configured for passage of a liquid (See Fig. 1a and Para. 0034),
a top end (upper end 5) defining a top opening (placement aperture 6) configured to clamp onto a mount of a pipetting device (See Figs. 1a-b and Para. 0034),
a seat region (contact region 8) for the mount positioned proximate to the top opening and on the inner circumference of the tubular body (See Fig. 1d and Para. 0042), and
a plurality of flattenings (embodiment 15 in Fig. 1b reproduced above) extending in an axial direction on the outer circumference proximate to the top opening,
wherein the tubular body comprises a contour of an arc polygon in a cross-section through the flattenings on the outer circumference (See Fig. 1b for depiction of how a top cross section of the opening 6 of the pipette tip reflects that of a rectangular arc polygon; Para. 0036 discusses how a cross-section of rib 7 has a wave-shaped path or extends in a wave shape or sine-shape relative to ap lane extending perpendicular to the longitudinal axis of the pipette tip).
Lohn fails to disclose a plurality of the pipette tips described above to form a pipetting system. However, the courts have held In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) that even if a reference does not teach a plurality of a feature, a mere duplication of parts has no patentable significance unless a new and unexpected result is produced.
Modified Lohn fails to teach further wherein the plurality of pipette tips comprises different pipette tips of different pipette types, and
Wherein the flattenings of the different pipette tips of the different pipette tip types comprise flattenings that are at least one of: (1) differently configured; or (2) comprise different identifications on the flattenings.
Naumann teaches a pipetting apparatus that is provided with a pipetting head comprising a multiplicity of pipetting channels disposed in an arrangement pattern, wherein at least two groups of pipetting channels having different diameters are present. The pipetting apparatus comprises larger pipette tips communicating with the larger pipetting channels, or smaller pipette tips communicating with the smaller pipetting channels (See Para. 0034). In such a multi-channel pipetting system, the benefits of a pipetting head 20 according to an embodiment of the invention show to advantage because the pipetting head 20 can be combined quickly and automatically with different magazines 40.1, 40.2 for pipette tips 30.1, 30.2 of different diameters as well as, optionally, with an adapter plate 50.1, 50.2 to form differently designed pipetting apparatuses so as to be optimized for different volume ranges (See Para. 0048). The apparatus is also provided with unambiguous, automatic identification of the magazines, adapters and optionally also the pipette tips, by providing them with identifiers and by including the readout of these identifiers in the device control. There are multiple possibilities to do this, such as: mechanical coding of the magazines and adapters in combination with mechanical, electric or optical sensors; electronic coding by means of a memory chip (ROM--read only memory), for example, which can be read out serially, in combination with an electric contact between the pipetting head and the magazine or adapter; RFID chip in the adapter/magazine and suitable technology in the pipetting head or the superordinate control system; and other systems, such as bar code, matrix code, color code, etc. In addition, or as an alternative, it is also possible, of course, to read features such as shape factors of the pipette tips or other auxiliary identifiers using inexpensive miniature image-processing cameras (See Para. 0091).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the varying pipette tip sizes and pipette tip identification features into the pipette tips, such as taught by Naumann, into the pipetting system and flattenings of the pipette tips of modified Lohn to optimize the pipetting ranges available by incorporation of different volumes of pipette tips while ensuring unambiguous, automatic identification of the pipette tips (See Paras. 0048 and 0091 of Naumann).
Response to Arguments
Applicant's arguments filed December 5, 2025 have been fully considered but they are not persuasive.
APPLICANT ARGUES:
“Lohn discloses a circular contact area 8 on the inner circumference of the rib 7, which is shown as a line in Fig. 1c, and the rib has a rectangular cross-section. See [0036]. In a cross- section through the rib 7, in which the contact area 8 falls, the pipette tip also has a circular ring- shaped contour on the outer circumference (see Fig. 1c). In contrast, the outer circumference does not have the contour of a polygon with several corners between which circular arcs with the center point at an opposite corner run. Rather, the areas of the pipette tip above rib 7, marked with reference number 15 are also circular in cross-section with the center on the central axis of the pipette tip. The wave-like course of rib 7 and the upper edge could give the impression of a shape that deviates from the circular shape. However, the area marked 15 in Fig. 1b, the pipette tip does not exhibit any flattening.
It is noted that the Lohn reference is assigned to the Applicant. Below is an excerpt from the original technical drawing of the Lohn pipette tip and below that is the same drawing annotated with reference numbers according to US 2005/0069460 Al. The left drawing is a top plan view of the pipette tip shown in the right.
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It can be seen that the outer contour of the pipette tip is circular both at the circumferential rib 7 and between the axially extending ribs 10', 10", 10". Consequently, Lohn fails to disclose, teach, or suggest a pipette tip with flattenings next to the upper opening and with the contour of an arcuate polygon in a cross-section through the flattened areas as recited in independent claims 1 and 19.
Therefore, Lohn fails to disclose, expressly or inherently, each element recited in the independent claims. The dependent claims are allowable for at least the same reasons since each must minimally include the same elements. Reconsideration and withdrawal if these rejections are respectfully requested” (See Pgs. 9-10 of applicant’s remarks/arguments).
EXAMINER’S RESPONSE:
The examiner respectfully disagrees with applicant’s assertions. The examiner would first like to clarify that the flattenings were identified as embodiment 15, which has been clearly depicted in Fig. 1b of Lohn. Para. 0036 discusses how a cross-section of rib 7 has a wave-shaped path or extends in a wave shape or sine-shape relative to a plane extending perpendicular to the longitudinal axis of the pipette tip, and Fig. 1b clearly depicts that the flattenings 15 follow the general shape and trajectory of the rib 7 in a circumferential direction. Applicant has provided drawings that are intended to depict a top view of the pipette tip, but these drawing are not in the published Lohn application, and thus, it is unclear if they are intended to depict the top view of the pipette tip depicted in Figs. 1a-d or the differing embodiment of the pipette tip depicted in Figs. 3a-b). Thus, the examiner maintains the position that the pipette body of Lohn clearly embodies a contour of an arc polygon in a cross-section through the flattenings on the outer circumference, as claimed. Applicant also provided a discussion of how “the present application discloses that the flattening with their respective arcuate curved profiles define an outer circumference of the tubular body in the form of an arc polygon, which is based on a polygon whose sides are formed by circular arcs extending between two adjacent corner points. See, e.g., [0023]. The center point of the circular arcs is the opposite corner point. Referring to Fig. id reproduced below, the cross-section between each pair of adjacent corners 11 has a flattening 12 with an outwardly curved profile 13 and the tubular body has an outer contour 14 in the form of a regular triangular arc polygon 15 in a cross-section through the head section 8. See, e.g., [0085]” (pgs. 7-8 of applicant’s remarks/argument). Applicant might consider the incorporation of language that more clearly defines the type of arc polygon that is formed, the number of adjacent corner points that make up the polygon, or some other distinguishing feature.
It should be noted that applicant has not provided arguments as it pertains to the rejections of claims 2-18.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY I FISHER whose telephone number is (469)295-9182. The examiner can normally be reached IFP.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Robinson can be reached at 571-272-7129. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRITTANY I FISHER/Examiner, Art Unit 1796 March 20, 2025