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 .
Response to Amendment
This office action is responsive to the amendment filed on 1/21/2026. As directed by the amendment: claim(s) 1, 3, and 7 have been amended, and claim(s) 22 has been added. Thus, claims 1-22 are presently pending in this application.
Response to Arguments
Applicant’s arguments with respect to the independent claim(s), particularly the teachings of the prior art of US 20190224405 A1, referred to as Guillame in the prior office action, 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 applicants’ arguments, particularly those regarding the fin limitations of the presently amended independent claims.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1-11, 13-14, and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190240396 A1, henceforth written as Locati, in view of US 20170007769 A1, henceforth written as Chang.
Regarding Claim 1,
Locati discloses:
A blinding cap for covering
(blinding cap 10e; fig 16-17)
a rigid needle shield that is releasably mounted on
(needle shield 8; best illustrated in fig 1)
a syringe,
(syringe 6; best illustrated in fig 1)
the blinding cap comprising a first part and a second part joined together by a hinge;
(hinge 182 joins cap portions 70a 70b; fig 16-17)
the first part comprising: - a first elongate bowl-shaped body defining a first recess;
(cap portion 70a of the embodiment of fig 16-18, including first chamber portion (not enumerated), illustrated in fig 6 as first chamber portion 122a)
- a first flange portion located at a proximal end, opposite a closed distal end of the first part;
(first flange portion (not enumerated) of the embodiment of fig 16-18, illustrated as flange portion 138 in fig 5-6, and disposed opposite the clod distal end wall (not enumerated), illustrated as end wall portion 130a in fig 5-6)
- a first rim extending at least partially around an open mouth of the first elongate bowl-shaped body;
(the rim (not enumerated) of cap portion 70a of the embodiment of fig 16-17 bound by the first edge (not enumerated) and opposing first edge (not enumerated), illustrated as first edge 126a and first edge 128a in fig 6)
- a raised lip extending at least partially along the first rim; --
(rib (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 6 as rib 144a)
--a first locking member;
(detent (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 6 as detent 150)
the second part comprising: - a second elongate bowl-shaped body defining a second recess;
(cap portion 70b of the embodiment of fig 16-18, including first chamber portion (not enumerated), illustrated in fig 6 as first chamber portion 122b)
- a second flange portion located at a proximal end, opposite a closed distal end of the second part;
(second flange portion (not enumerated) of the embodiment of fig 16-18, illustrated as flange portion 138 in fig 5-6, and disposed opposite the clod distal end wall (not enumerated), illustrated as end wall portion 130a in fig 5-6)
- a second rim extending at least partially around an open mouth of the second elongate bowl-shaped body;
(the rim (not enumerated) of cap portion 70b of the embodiment of fig 16-17 bound by the second edge (not enumerated) and opposing second edge (not enumerated), illustrated as second edge 126b and second edge 128b in fig 6)
- a recess extending at least partially along the second rim; --
(notch (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 6 as notch 156a)
-- - a second locking member;
(slot (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 6 as slot 160)
wherein the blinding cap is configured such that the first part and the second part can be brought into engagement around the rigid needle shield by flexure of the hinge such that:
(portions 70a 70b of fig 16-18 can close to encompass shield 8, as illustrated in fig 7-8)
i) the raised lip of the first part is engaged in the recess extending at least partially along the second rim of the second part; ii) the first locking member and the second locking member engage one another to lock the first part and the second part together;
(paragraph ; detent (not enumerated) and slot (not enumerated) respectively disposed on the rib (not enumerated) and notch (not enumerated) of the embodiment of fig 16-18 engage each other to secure the portions 70 70b together)
iii) the first recess and second recess together define a cavity for receiving the rigid needle shield of the syringe,
(chamber (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 5 as chamber 96)
the cavity having a closed distal end, formed by the closed distal end of the first part and the closed distal end of the second part,
(distal end wall (not enumerated) of the embodiment of fig 16-18, formed by distal end wall portions 130a 130b; best illustrated in fig 5 as wall 110)
and an opening opposite the closed distal end such that a distal portion of the rigid needle shield is obscured from sight by the closed distal end of the cavity;
(proximal opening (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 5 as opening 86)
iv) the first flange portion and the second flange portion are juxtaposed to form an inwardly-projecting flange that is configured to be disposed between an end surface of the rigid needle shield and a barrel of the syringe; and
(annular flange (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 5-6 as annular flange 84 which is formed from the mating of flange portions 138a 138b; fig 7-8 illustrate the disposition of the annular flange between shield 8 and syringe barrel 12)
Locati discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
- one or more fins that project inwardly from the first elongate bowl-shaped body;
-- and v) the one or more fins of the first part and the second part are configured to engage the rigid needle shield, wherein the one or more fins of the first part and the second part comprise a generally L- shaped configuration, each fin comprising a first portion defining an end stop for a distal end face of the rigid needle shield that limits longitudinal movement of the rigid needle shield within the blinding cap, and a second portion defining a side stop for a side face of the rigid needle shield that limits transverse or sideways movement of the rigid needle shield within the blinding cap, the second portions defining a narrower bore that receives a distal end portion of the rigid needle shield; or wherein the one or more fins of the first part and the second part comprise a generally arcuate configuration, each fin comprising a first portion that has a rounded free edge defining a corner stop for a corner of a distal end portion of the rigid needle shield, the corner stop limiting longitudinal and transverse movement of the rigid needle shield within the blinding cap.
However Chang teaches a folding shell for securely holding a tubular element:
- one or more fins that project inwardly from the first elongate bowl-shaped body;
(paragraph 55-57; first shell section 200 has ribs 208, considered the claimed inwardly projecting fins, with end surfaces 212; fig 15-17)
-- and v) the one or more fins of the first part and the second part are configured to engage [a cylindrical object within the shell],
(paragraph 55; ribs 208 and surfaces 212 interact directly with the parts of the medicament delivery device, therein the cylindrical object within the shell, furthest away from its axial opening, entry passage 204, to limit the movement of the medicament delivery device; fig 15-17)
wherein the one or more fins of the first part and the second part comprise a generally L- shaped configuration,
(fig 17 best illustrates the L-shaped configuration of ribs 208, particularly where they meet surfaces 212)
each fin comprising a first portion defining an end stop for a distal end face of the [cylindrical object within the shell] that limits longitudinal movement of the [cylindrical object within the shell] within the blinding cap, and a second portion defining a side stop for a side face of the [cylindrical object within the shell]that limits transverse or sideways movement of the [cylindrical object within the shell] within the [shell], the second portions defining a narrower bore that receives a distal end portion of the [cylindrical object within the shell]; or wherein the one or more fins of the first part and the second part comprise a generally arcuate configuration, each fin comprising a first portion that has a rounded free edge defining a corner stop for a corner of a distal end portion of the [cylindrical object within the shell], the corner stop limiting longitudinal and transverse movement of the [cylindrical object within the shell] within the [shell].
(paragraph 55-57; ribs 208 and end surfaces 212 interact with the distally directed surfaces and outer side surfaces of the medicament delivery device limiting the rotational, longitudinal, and transverse movement of the medicament delivery device within the shell; see examiner’s annotation of Chang’s fig 16-17 for delineation of the recited alternative first portions and their associated structures)
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Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Chang’s teachings of elements in a folding shell which secure a tubular body in said folding shell to the folding blinding cap securing a tubular needle shield disclosed by Locati, by disposing Chang’s ribs 208 with end surfaces 212 in Locati’s first cap portion 70a 70b such that the radial surface of Locati’s shield 8 is secured by Chang’s ribs 208 and end surfaces 212 29 when Locati’s shield 8 is disposed in Locati’s cap portion 70a 70b, in order to advantageously arrive at an invention with further redundant means for stabilizing a tubular body, limiting its movement relative to the folding shell, see paragraph 55-57 of Chang, therein improving the reliability of the invention in maintaining the position of a tubular body in a shell for storage throughout its lifecycle.
Regarding Claim 2, the modified device of Locati in view of Chang teaches:
The blinding cap of claim 1, wherein the one or more fins of the first part and the second part together define a narrower bore within the cavity for engaging the rigid needle shield.
Examiner notes in light of the modification of Locati in view of Chang above, the one or more fins of Chang define an internal bore between Chan’s ridge 208 and surfaces 212 for receiving Locati's rigid needle shield 8.
Regarding Claim 3, the modified device of Locati in view of Chang teaches:
The blinding cap of claim 1, wherein the one or more fins of the first part and the second part comprise the generally L-shaped configuration.
Chang: (fig 17 best illustrates the L-shaped configuration of ribs 208, particularly where they meet surfaces 212)
Regarding Claim 4,
Locati in view of Chang discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Locati in view of Chang is silent regarding:
The blinding cap of claim 1, wherein the one or more fins of the first part and the second part comprise one or more flexible fins.
However, Locati teaches in paragraph 165 that to help facilitate engagement between cap 10 and shield 8, an element being composed of a flexible material may be positioned within chamber 96 of cap 10 to ensure frictional engagement between cap 10 and shield 8.
Examiner notes that in light of the modification of Locati in view of Chang above, the claimed fins of Chang are disposed in the chamber 96 of Locati such that they provide frictional engagement with Locati’s shield 8.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to apply Locati’s teachings of a flexible frictional material stablizing the position of shield 8 within cap 10 to the fins of Chang incorporated in the modified invention, such that Chang’s fins are formed of a flexible material, in order to advantageously arrive at an invention with improved means of frictionally maintaining a stable position of an object contained within the cap, see paragraph 165 of Locati.
Regarding Claim 5, Locati discloses:
The blinding cap of claim 1, wherein the inwardly-projecting flange defines a proximal opening at a proximal end.
Locati: (opening (not enumerated) of the embodiment of fig 16-17; best illustrated as central opening 86 in fig 5)
Regarding Claim 6, Locati discloses:
The blinding cap of claim 1, wherein the inwardly-projecting flange comprises a chamfered edge.
Examiner notes that broadest reasonable interpretation of the claim term " chamfer" to a person of ordinary skill in the art, not inconsistent with the disclosure, may be best provided by Oxford's English dictionary: " The surface produced by bevelling off a square edge or corner equally on both sides; if made concave, it is called a hollow or concave chamfer".
Locati: (annular flange (not enumerated), illustrated as annular flange 84 in fig 5-6, may be considered chamfered by the manner by which a concave shape is formed, therein a concave chamfer, defining part of opening 86; fig 5+16-18)
Regarding Claim 7,
Locati discloses:
A blinding cap for covering
(blinding cap 10e; fig 16-17)
a rigid needle shield that is releasably mounted on
(needle shield 8; best illustrated in fig 1)
a syringe,
(syringe 6; best illustrated in fig 1)
the blinding cap comprising a first part and a second part joined together by a hinge;
(hinge 182 joins cap portions 70a 70b; fig 16-17)
the first part comprising: - a first elongate bowl-shaped body defining a first recess;
(cap portion 70a of the embodiment of fig 16-18, including first chamber portion (not enumerated), illustrated in fig 6 as first chamber portion 122a)
- a first flange portion located at a proximal end,
(first flange portion (not enumerated) of the embodiment of fig 16-18, illustrated as flange portion 138 in fig 5-6, and disposed opposite the clod distal end wall (not enumerated), illustrated as end wall portion 130a in fig 5-6)
- a first rim extending at least partially around an open mouth of the first elongate bowl-shaped body;
(the rim (not enumerated) of cap portion 70a of the embodiment of fig 16-17 bound by the first edge (not enumerated) and opposing first edge (not enumerated), illustrated as first edge 126a and first edge 128a in fig 6)
- a raised lip extending at least partially along the first rim; --
(rib (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 6 as rib 144a)
--a first locking member;
(detent (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 6 as detent 150)
the second part comprising: - a second elongate bowl-shaped body defining a second recess;
(cap portion 70b of the embodiment of fig 16-18, including first chamber portion (not enumerated), illustrated in fig 6 as first chamber portion 122b)
- a second flange portion located at a proximal end,
(second flange portion (not enumerated) of the embodiment of fig 16-18, illustrated as flange portion 138 in fig 5-6, and disposed opposite the clod distal end wall (not enumerated), illustrated as end wall portion 130a in fig 5-6)
- a second rim extending at least partially around an open mouth of the second elongate bowl-shaped body;
(the rim (not enumerated) of cap portion 70b of the embodiment of fig 16-17 bound by the second edge (not enumerated) and opposing second edge (not enumerated), illustrated as second edge 126b and second edge 128b in fig 6)
- a recess extending at least partially along the second rim; --
(notch (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 6 as notch 156a)
-- - a second locking member;
(slot (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 6 as slot 160)
wherein the blinding cap is configured such that the first part and the second part can be brought into engagement around the rigid needle shield by flexure of the hinge such that:
(portions 70a 70b of fig 16-18 can close to encompass shield 8, as illustrated in fig 7-8)
i) the raised lip of the first part is engaged in the recess extending at least partially along the second rim of the second part; ii) the first locking member and the second locking member engage one another to lock the first part and the second part together;
(paragraph ; detent (not enumerated) and slot (not enumerated) respectively disposed on the rib (not enumerated) and notch (not enumerated) of the embodiment of fig 16-18 engage each other to secure the portions 70 70b together)
iii) the first recess and second recess together define a cavity for receiving the rigid needle shield of the syringe,
(chamber (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 5 as chamber 96)
the cavity having a closed distal end, formed by the closed distal end of the first part and the closed distal end of the second part,
(distal end wall (not enumerated) of the embodiment of fig 16-18, formed by distal end wall portions 130a 130b; best illustrated in fig 5 as wall 110)
and an opening opposite the closed distal end such that a distal portion of the rigid needle shield is obscured from sight by the closed distal end of the cavity;
(proximal opening (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 5 as opening 86)
iv) the first flange portion and the second flange portion are juxtaposed to form an inwardly-projecting flange that is configured to be disposed between an end surface of the rigid needle shield and a barrel of the syringe; and
(annular flange (not enumerated) of the embodiment of fig 16-18; best illustrated in fig 5-6 as annular flange 84 which is formed from the mating of flange portions 138a 138b; fig 7-8 illustrate the disposition of the annular flange between shield 8 and syringe barrel 12)
wherein a distal end of the first part and the second part is [closed] such that on engagement of the first part and the second part the blinding cap comprises a closed, -- distal end such that a distal portion of the rigid needle shield is obscured from sight by the closed distal end of the cavity.
(distal end wall (not enumerated) of the embodiment of fig 16-19; best illustrated as distal end wall 110 in fig 5)
Locati discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
- one or more fins that project inwardly from the first elongate bowl-shaped body;
-- and v) the one or more fins of the first part and the second part are configured to engage the rigid needle shield, wherein the one or more fins of the first part and the second part comprise a generally L- shaped configuration, each fin comprising a first portion defining an end stop for a distal end face of the rigid needle shield that limits longitudinal movement of the rigid needle shield within the blinding cap, and a second portion defining a side stop for a side face of the rigid needle shield that limits transverse or sideways movement of the rigid needle shield within the blinding cap, the second portions defining a narrower bore that receives a distal end portion of the rigid needle shield; or wherein the one or more fins of the first part and the second part comprise a generally arcuate configuration, each fin comprising a first portion that has a rounded free edge defining a corner stop for a corner of a distal end portion of the rigid needle shield, the corner stop limiting longitudinal and transverse movement of the rigid needle shield within the blinding cap.
However Chang teaches a folding shell for securely holding a tubular element:
- one or more fins that project inwardly from the first elongate bowl-shaped body;
(paragraph 55-57; first shell section 200 has ribs 208, considered the claimed inwardly projecting fins, with end surfaces 212; fig 15-17)
-- and v) the one or more fins of the first part and the second part are configured to engage [a cylindrical object within the shell],
(paragraph 55; ribs 208 and surfaces 212 interact directly with the parts of the medicament delivery device, therein the cylindrical object within the shell, furthest away from its axial opening, entry passage 204, to limit the movement of the medicament delivery device; fig 15-17)
wherein the one or more fins of the first part and the second part comprise a generally L- shaped configuration,
(fig 17 best illustrates the L-shaped configuration of ribs 208, particularly where they meet surfaces 212)
each fin comprising a first portion defining an end stop for a distal end face of the [cylindrical object within the shell] that limits longitudinal movement of the [cylindrical object within the shell] within the blinding cap, and a second portion defining a side stop for a side face of the [cylindrical object within the shell]that limits transverse or sideways movement of the [cylindrical object within the shell] within the [shell], the second portions defining a narrower bore that receives a distal end portion of the [cylindrical object within the shell]; or wherein the one or more fins of the first part and the second part comprise a generally arcuate configuration, each fin comprising a first portion that has a rounded free edge defining a corner stop for a corner of a distal end portion of the [cylindrical object within the shell], the corner stop limiting longitudinal and transverse movement of the [cylindrical object within the shell] within the [shell].
(paragraph 55-57; ribs 208 and end surfaces 212 interact with the distally directed surfaces and outer side surfaces of the medicament delivery device limiting the rotational, longitudinal, and transverse movement of the medicament delivery device within the shell; see examiner’s annotation of Chang’s fig 16-17 for delineation of the recited alternative first portions and their associated structures)
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Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Chang’s teachings of elements in a folding shell which secure a tubular body in said folding shell to the folding blinding cap securing a tubular needle shield disclosed by Locati, by disposing Chang’s ribs 208 with end surfaces 212 in Locati’s first cap portion 70a 70b such that the radial surface of Locati’s shield 8 is secured by Chang’s ribs 208 and end surfaces 212 29 when Locati’s shield 8 is disposed in Locati’s cap portion 70a 70b, in order to advantageously arrive at an invention with further redundant means for stabilizing a tubular body, limiting its movement relative to the folding shell, see paragraph 55-57 of Chang, therein improving the reliability of the invention in maintaining the position of a tubular body in a shell for storage and over the course of its lifecycle within the invention.
However, Locati in view of Chang remains silent regarding:
wherein a distal end of the first part and the second part is rounded such that on engagement of the first part and the second part the blinding cap comprises a closed, rounded distal end
Notably, MPEP 2144.04(IV)(B) provides that modifications to an invention only involving a change of shape is a matter of obvious design choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed invention was significant.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to change the shape of the closed distal end of Locati, such that it is rounded, would be a matter of obvious design choice, see MPEP 2144.04(IV)(B).
Regarding Claim 8, the modified device of Locati in view of Chang discloses:
The blinding cap of claim 7, wherein the raised lip extends around the rounded distal end of the first part and
the recess extends around the rounded distal end of the second part.
Examiner notes that broadest reasonable interpretation of the claim term " around" to a person of ordinary skill in the art, not inconsistent with the disclosure, may be best provided by Britannica's English dictionary: " in or near a particular area or place".
Examiner notes that the claimed raised lip and the claimed recess may both be considered to extend near the closed distal end of the modified embodiment of Locati of fig 16-17, fig 6 best illustrates this arrangement with notch 156a and rib 144a extend near end wall portions 130a 130b
Regarding Claim 9, Locati discloses:
The blinding cap of claim 1, wherein the raised lip extends along a lateral side of the first elongate bowl-shaped body proximate the hinge.
(rib (not enumerated) of the embodiment of fig 16-18 arranged on a lateral side of cap portion 70a and may be considered proximate hinge 182; best illustrated in fig 6 as rib 144a)
Regarding Claim 10, Locati discloses:
The blinding cap of claim 1, wherein the first locking member is provided on a lateral side of the first elongate bowl-shaped body opposite the hinge.
(detent (not enumerated) of the embodiment of fig 16-18 arranged on a lateral side of cap portion 70a further away from hinge 182 as its other lateral side of cap portion 70a; best illustrated in fig 6 as detent 150)
Regarding Claim 11, Locati discloses:
The blinding cap of claim 1, wherein one of the first and second locking members projects above the first rim and the other of the first and second locking members is recessed below the second rim.
(fig 16-17 demonstrate the claimed disposition of claimed locking members as fig 6 illustrates slot 160 below the second rim and detent 150 above the first rim)
Regarding Claim 13, Locati discloses:
The blinding cap of claim 1, wherein the first part and the second part are opaque.
(paragraph 161; the blinding cap is opaque)
Regarding Claim 14, Locati discloses:
A syringe assembly comprising a blinding cap according to claim 1 and a syringe that comprises a barrel and a rigid needle shield that is releasably mounted over a needle of the syringe; and optionally, wherein the syringe is a manually-activated syringe.
(blinding cap 10e is compatible with the syringe assembly 4 illustrated in fig 1-2, having a syringe 6 with a syringe barrel 12, and needle shield 8 covering needle 36; fig 1-2)
Regarding Claim 16,
the modified device of Locati in view of Chang discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Locati in view of Chang is silent regarding:
wherein the distal end of the first part and the second part is rounded such that on engagement of the first part and the second part the closed distal end of the cavity is rounded.
Notably, MPEP 2144.04(IV)(B) provides that modifications to an invention only involving a change of shape is a matter of obvious design choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed invention was significant.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to change the shape of the closed distal end of Locati, such that it is rounded, would be a matter of obvious design choice, see MPEP 2144.04(IV)(B).
Regarding Claim 17,
the modified device of Locati in view of Chang discloses all of the elements of the current invention which the present claim is dependent upon, as described above, including the following limitations of the present claim:
The blinding cap of claim 1, wherein the first rim has a first segment extending along the closed distal end of the first part, the raised lip extending along the [third segment opposite the hinge];
(fig 16-17 demonstrate the claimed disposition of the claimed raised lip relative to the first rim of cap portion 70a and the first rim of cap portion 70a having a portion coincident with the closed distal end)
and wherein the second rim has a second segment extending along the closed distal end of the second part, and wherein the recess extending at least partially along the second rim of the second part extends along the [fourth segment opposite the hinge];
(fig 16-17 demonstrate the claimed disposition of the claimed raised lip relative to the second rim of cap portion 70b and the second rim of cap portion 70b having a portion coincident with the closed distal end)
and wherein when the blinding cap is configured such that the first part and the second part are brought into engagement, the raised lip along the [third] segment is engaged in the recess extending at least partially along the second rim of the second part along the [fourth] segment.
(paragraph 157; rib and notch of the embodiment of fig 16-17 engage each other)
However, Locati in view of Chang is silent regarding:
the raised lip extending along the first segment -- and wherein the recess extending at least partially along the second rim of the second part extends along the second segment; and wherein when the blinding cap is configured such that the first part and the second part are brought into engagement, the raised lip along the first segment is engaged in the recess extending at least partially along the second rim of the second part along the second segment.
Notably, in paragraph 180 Locati regards that some of its elements may be rearranged without departing from the spirit or essential characteristics of the invention.
However, MPEP 2144.04(vi)(c) provides that a modification of an invention only involving a rearrangement of parts such the operation of the original invention is not modified would be an obvious matter of design choice. Such a modification as moving a latching element to one set of mating surfaces as opposed to a different set of mating surfaces would be an obvious matter of design choice.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to dispose the claimed raised lip and claimed recess of Locati at the closed distal end of Locati as opposed to the lateral edge of Locati, as they are both sets of mating surfaces which mate when the cap portions of Locati are closed, and therein would be an obvious matter of design choice, see MPEP2144.04(vi)(c).
Regarding Claim 18, the modified device of Locati in view of Chang teaches:
The blinding cap of claim 1, wherein the one or more fins of the first and second elongate bowl-shaped bodies extend in a longitudinal direction.
Examiner notes that in fig 16-17 of Chang the one or more fins incorporated into Locati extend in a longitudinal direction.
Regarding Claim 19, the modified device of Locati in view of Chang teaches:
The blinding cap of claim 1, wherein the one or more fins of the first and second elongate bowl-shaped bodies are parallel.
Examiner notes that in fig 16-17 of Chang the one or more fins incorporated into Locati extend in a parallel direction to each other.
Regarding Claim 20, the modified device of Locati in view of Chang teaches:
The blinding cap of claim 1, wherein the one or more fins of the first elongate bowl-shaped body comprise at least two parallel fins and the one or more fins of the second elongate bowl-shaped body comprise at least two parallel fins.
Examiner notes that in fig 16-17 of Chang the one or more fins incorporated into each elongate bowl shaped body of Locati such that two fins extend in a parallel direction to each other.
Regarding Claim 21, Locati discloses:
The blinding cap of claim 1, wherein the opening of the cavity is circumscribed by opposing surfaces of the first flange portion and the second flange portion.
(fig 5-6 best illustrates how the opening 86 is circumscribed by flange portions 138a 138b, representative of the like named elements of the embodiment of fig 16-17)
Regarding Claim 22, the modified device of Locati in view of Chang teaches::
The blinding cap of claim 1, wherein the one or more fins of the first part and the second part comprise the corner portion.
Examiner’s annotation of Chang’s fig 16-17 above demonstrates the corner portion of the one or more fins, which in light of the modification made above, are disposed on the first part and second part of Locati.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Locati in view of Chang as applied to claims above, and further in view of US 20010054631 A1, henceforth written as Giannou.
Regarding Claim 15,
Locati in view of Chang discloses all of the elements of the current invention which the present claim is dependent upon, as described above, including the following limitations of the present claim:
The blinding cap of claim 1, wherein the one or more fins of the first part and the second part [are made of a material].
Examiner notes that in light of the modification of Locati in view of Chang above Chang’s ridge 208 and surface 212 may be incorporated of a same material as Locati’s cap 10, not dissimilar to the manner that Chang incorporates ridge 208 and surface 212 as part of its housing.
However, Locati in view of Chang is silent regarding:
The blinding cap of claim 1, wherein the one or more fins of the first part and the second part comprise one or more rigid fins.
However, Giannou teaches a housing for a medical device comprised of a rigid material such as plastic to protect the fragile object 4 contained within the receptacle 6, see fig 1 and paragraph 29-30.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to form the entirety of Locati’s blinding cap 10 from the hard material taught by Giannou’s in order to advantageously arrive at an invention which better protects the fragile object contained therein, see paragraph 29 of Giannou.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Locati in view of Chang as applied to claim 1 above, and further in view of WO 1994005205 A1, henceforth written as Lopez
Regarding Claim 12,
Locati in view of Chang discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Locati in view of Chang is silent regarding:
The blinding cap of claim 1 wherein: the first locking member comprises a locking frame comprises a plurality of struts extending from the first rim interconnected by one or more locking bars; and the second locking member comprises one or more locking tabs configured to interengage with the one or more locking bars by flexure of the struts.
However, Lopez teaches two shells locking together:
wherein: the first locking member comprises a locking frame comprises a plurality of struts extending from the first rim interconnected by one or more locking bars; and the second locking member comprises one or more locking tabs
See examiner's annotation of Lopez's figure 1, below, denoting the claimed locking frame, claimed struts, claimed locking bar, and claimed locking tab
configured to interengage with the one or more locking bars by flexure of the struts.
Examiner notes that claim language of “configured to” implies a functional language and the prior art must at least be capable of performing the recited function of flexing struts to engage locking tabs and bars, and as noted in page 7 line 4-24 element 24 is inserted into element 28 in a snap catch manner, therein flexure of locking elements, such as the claimed struts, to secure protector 2 in a closed/locked configuration.
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Examiner’s annotation of Lopez’s figure 1
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to substitute the locking members of Locati for the locking frame teachings of Lopez, by disposing the locking frame of Lopez on the outer edge of the respective rims of the cap portions of Locati, therein advantageously arrive at an invention where a user may selectively operate the locking mechanism while maintaining a closed configuration of blinding cap while operating the locking frame.
Conclusion
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/FORREST B DIPERT/ Examiner, Art Unit 3783
/MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783
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