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
1. The amendment filed 30 October 2025 has been received and considered for examination. Claims 1-4,11,13-14,16,26,30,32-33,36,39-43 and 46 are presently pending and being examined herein.
2. All rejections and objections from the previous Office action are withdrawn in view of Applicant’s amendment.
3. New grounds of rejection under 35 U.S.C. 102(a)(1) are necessitated by the amendments, as detailed below.
Claim Interpretation
4. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
5. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
6. Specifically, the limitations being interpreted herein under 35 U.S.C. 112(f) include:
“power means for powering the device” - claim 1, third line - corresponds to a structure of a power supply and electrical connections (Specification par 0065).
“means for providing a sterilization medium” - claim 1, fourth line - corresponds to a structure of a steam supply or a source of suitable water for conversion to steam, suitably connected to an inlet (Specification par 0057).
Claim Rejections - 35 USC § 102
7. 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.
8. Claims 1-4, 11, 13-14, 16, 21, 26, 30, 32-33, 36, 39-43 and 46 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SciCan (Non-Patent Literature, Copyright 2009, https://statimusa.com/wp-content/uploads/2017/10/Bravo-Service-Manual-SD-306-1-2009.pdf) as evidenced by Sasaki et al (“Autoclave sterilization of Dental Handpieces: A Literature Review”, Volume 64, Issue 3, July 2020, Pages 239-242, published 12 August 2019).
9. Regarding claim 1, SciCan teaches a sterilization device (sterilizer for sterilizing medical and dental tools, Section 1 Page 4) comprising,
a sterilization chamber (sterilization chamber, Section 1 Page 4) for accommodating at least one item (arrange objects on tray, Section 1 Page 53; steam sterilizer is appropriate for almost all materials and instruments, Section 2 Page 1) for sterilization (to ensure proper sterilization, Section 1 Page 53);
a power means for powering the device (power supply and cable, Section 1 Pages 2 and 8);
a means for providing a sterilization medium (steam generation system, effective plumbing circuit and electronic management, Section 1 Page 4) for sterilizing the at least one item (steam sterilizer is appropriate for almost all materials and instruments, Section 2 Page 1); and
a plurality of sterilization cycle programs comprising more than one class of sterilization cycle programs (program summary table includes sterilization cycle programs that use varying temperatures, pressures, and vacuum levels, Section 2 Page 5), wherein the more than one class of sterilization cycle programs comprises:
at least one of the group of at least one S class sterilization cycle program (“Emergency” and “Custom” cycles do not require full vacuum cycles and have “Fast Drying”, Section 2 Page 5) and at least one N class sterilization cycle program (No Vacuum Cycle, Section 1 Pages 44-45); and
at least one B class sterilization cycle program (program summary table, e.g., 134 Porous Wrapped program, Section 2 Page 5),
at least one controller for controlling the plurality of sterilization cycle programs of the sterilization device (control panel selects the desired program and electronic control system monitors the cycle, Section 2 Pages 7-9),
wherein the sterilization device comprises a plurality of states (password settings, Section 1 Pages 28-29; each cycle has several phases i.e. operating states, Section 2 Pages 12-25) and wherein in a first state of the plurality of states, at least one class of the more than one class of sterilization cycle programs is in a locked state and unavailable for use by a user (No Vacuum Cycle i.e. N class program only available to authorized service technicians by entering the service code, Section 1 Pages 44-45) and at least one class of the more than one class of sterilization cycle programs is unlocked and available for use by a user (suggest disabling the password setting to use equipment freely without limiting operator access, Section 1 Pages 28-29);
wherein the at least one class of the more than one class of sterilization cycle programs in a locked state is configured to be unlocked with a code (service menu including N class cycle available by entering the service code + + + + by using the symbol key, Section 1 Page 44); and wherein the sterilization device comprises a keyboard for inputting the code into the controller (input keys depicted on LCD display, Section 1 Page 7).
Although the SciCan manual does not use the “Class B”/“Class S”/“Class N” terminology of the claims, Sasaki teaches that class B autoclaves are distinguished by their use of a substantially full vacuum deaeration process step, appropriate for any materials including packaged, hollow, and porous structures (Table 1, Section 3.2). This differentiates the class B autoclaves from class N autoclaves, which use passive air displacement with steam rather than vacuum and are appropriate for unpackaged, solid, and nonporous materials. Class S autoclaves are presented as an in-between level, generally specified by a manufacturer but characterized in that a shorter processing time can be used for sterilization (Table 1, Section 3.3). Based on the teachings of Sasaki, it is understood that the “Emergency” setting of SciCan (Section 2 Page 5) can read upon the Class S sterilization cycle program claimed and the “No Vacuum Cycle” setting of SciCan (Section 1 Pages 45 and 47) can read upon the Class N sterilization cycle program claimed when executed with lower 121 °C steam temperatures and fast drying steps. The characteristics are consistent with those in the present specification (pars 0003-0004, 0006).
The SciCan manual further notes that the “Fast”, “Extra”, and “Intelligent” drying stages as well as the “Custom” time/temperature settings have not been validated (Section 2 Page 6) for healthcare use by the U.S. FDA (Section 1 Page 4), indicating that these cycles do not meet the advertised standards of a Class B sterilizer. Thus, the more than one class of sterilization cycle programs (Section 2 Page 5) comprises at least one B class sterilization cycle program and at least one of either an S class or N class sterilization cycle program.
10. Regarding claim 2, SciCan discloses the sterilization device of claim 1, wherein the at least one of the group is at least one S class sterilization cycle program (“Emergency” and “Custom” cycles do not require full vacuum cycles and have “Fast Drying”, Section 2 Page 5) and in the first state the at least one S class sterilization cycle is unlocked (e.g., state while “Emergency” cycle program is actively running, Section 2 Page 5) and the sterilization device provides sterilization using the at least one S class sterilization cycle program (S class sterilization cycle program “Emergency” provides sterilization according to tabulated conditions, Section 2 Page 5) and the at least one B class sterilization cycle program is locked and unavailable for use by a user (any cycle password locks unauthorized user, Section 1 Pages 28-29). Examiner notes that the active cycle in an active state can be interrupted using a manual stop (Section 3 Page 24), but that any subsequent cycles would require a password (Section 2 Pages 7 and 9) thus are locked and unavailable for use by a user.
11. Regarding claim 3, SciCan discloses the sterilization device of claim 2, comprising a second state (state in which password protection is turned off, Section 1 Pages 28-29) and wherein in the second state the sterilization device provides the at least one B Class sterilization cycle program unlocked and available for use by a user (Section 2 Pages 3-9 and Section 1 Pages 28-29, program e.g. Porous Wrapped).
12. Regarding claim 4, SciCan discloses the sterilization device of claim 2, wherein the at least one locked B class sterilization cycle program is configured to be unlocked with a code (any cycle start password, Section 1 Pages 28-29).
13. Regarding claim 11, SciCan discloses the sterilization device of claim 1, wherein the device comprises at least one air removal system (vacuum pulse system paired with steam pulsing system, Section 2 Pages 14-19) and wherein the air removal system is configured to provide air removal from the sterilization chamber (vacuum evacuates air from chamber to start process, Section 2 Page 14) and wherein the at least one air removal system comprises a steam pulsing system (1st, 2nd, and 3rd pressure pulses, Section 2 Pages 15, 17, 19) comprising water (water tank, Section 2 Pages 15, 17, 19, Figure), a water pump (Section 2 Pages 15, 17, 19, Figure) and a water heater (steam generator, Section 2 Pages 15, 17, 19, Figure; steam generator has heater cartridges, Gr4 Card 6 [page 221 of PDF]) and wherein the sterilization chamber comprises:
at least one inlet for at least one of steam and water (Section 2 Pages 15, 17, 19, Figure depicts water pump connected to inlet of chamber); and
at least one outlet for at least one of air and steam (Section 2 Pages 15, 17, 19, Figure depicts chamber outlet opening to vacuum pump or venting); and
wherein the steam pulsing system is connected to the at least one inlet of the sterilization chamber (steam is injected in the chamber during the pressure pulses, Section 2 Pages 15, 17, 19, Figure depicts water pump and heater connected to EV6 inlet to chamber).
14. Regarding claim 13, SciCan discloses the sterilization device of claim 1, wherein the device comprises at least one air removal system (vacuum pulse system paired with steam pulsing system, Section 2 Pages 14-19) and wherein the air removal system is configured to provide air removal from the sterilization chamber (vacuum evacuates air from chamber to start process, Section 2 Page 14) and wherein the at least one air removal system comprises a vacuum system (advanced fractionated vacuum system, Section 1 Page 4; vacuum pulse system, Section 2 Pages 14, 16, 18) and wherein the sterilization chamber comprises at least one valve (electrovalves EV1-EV6, Group 2 [page 205 of PDF]) and the vacuum system is connected to the at least one valve (Section 2 Pages 14, 16, 18, Figure depicts EV3 and EV4 connected to vacuum system and chamber).
15. Regarding claim 14, SciCan discloses the sterilization device of claim 2, wherein the device comprises at least one air removal system (vacuum pulse system paired with steam pulsing system, Section 2 Pages 14-19) and wherein when the device is in the first state (e.g., state after starting “Emergency” cycle program, Section 2 Page 5) and the at least one program for providing B class sterilization is locked (any cycle password, Section 1 Pages 28-29), the at least one air removal system is configured to provide air removal from the sterilization chamber sufficient for S class sterilization (state after starting S class sterilization cycle program “Emergency”, Section 2 Page 5) and wherein when the device is configured to a second state (password protection disabled, Section 1 Page 28) and the at least one program for providing B class sterilization is unlocked (select disabled to use the equipment freely without limiting operator access, Section 1 Page 28), the at least one air removal system is configured to provide air removal sufficient for producing B class sterilization (vacuum fractionation and vacuum drying sequence, Section 2 Pages 14, 16, 18, 23).
16. Regarding claim 16, SciCan discloses the sterilization device of claim 14, wherein when the device is configured to the second state (password protection disabled, Section 1 Page 28) and the at least one program for B class sterilization cycle is unlocked (select disabled to use the equipment freely without limiting operator access, Section 1 Page 28), the device provides S class sterilization or B class sterilization (program summary table includes sterilization cycle programs that use varying temperatures, pressures, and vacuum levels, Section 2 Page 5).
17. Regarding claim 26, SciCan discloses a sterilization system (sterilizer for sterilizing medical and dental tools, Section 1 Page 4) comprising:
the sterilization device of claim 1,
wherein in one state of the plurality of states the at least one B class sterilization cycle program is in a locked state (state after starting S class sterilization cycle program e.g., “Emergency”, Section 2 Page 5; subsequent cycle require password, Section 2 Pages 7 and 9) and cannot be run in a locked state (Section 2 Pages 7 and 9) and wherein the sterilization device provides S class sterilization and/or N class sterilization (“Emergency” and “Custom” cycles do not require full vacuum cycles and have “Fast Drying”, Section 2 Page 5) and is adaptable to unlock (any cycle start password, Section 1 Pages 28-29) and provide B class sterilization (program summary table, e.g., 134 Porous Wrapped program, Section 2 Page 5); and
a code for unlocking the at least one locked B class sterilization cycle (any cycle start password, Section 1 Pages 28-29).
18. Regarding claim 30, SciCan discloses a method of sterilization (used exclusively for the sterilization of solid and hollow re-usable instruments and porous materials, Section 1 Page 1), the method comprising:
providing a device of claim 2 (install the sterilizer, Section 1 Page 14);
placing at least one item in the sterilization chamber (arranging the load in the sterilization chamber, Section 1 Page 53); and
running at least one sterilization cycle for sterilizing the at least one item (selecting the sterilization program and running the cycle, Section 2 Pages 7-26).
19. Regarding claim 32, SciCan discloses a method of converting a sterilization device for providing S class sterilization into a sterilization device for providing B class sterilization (run different cycles), the method comprising:
providing a device of claim 2 (install the sterilizer, Section 1 Page 14), wherein the device is in the first state (state after starting S class sterilization cycle program e.g., “Emergency”, Section 2 Page 5; any cycle start password enabled, Section 1 Pages 28-29); and
inputting a code for unlocking the at least one B class sterilization cycle program (any cycle start password, Section 1 Pages 28-29) for providing the sterilization device with at least one available B class sterilization cycle program (sterilization cycles available listed in table, e.g., 134 Porous Wrapped program, Section 2 Page 5) and for converting the sterilization device from the first state wherein the at least one B class sterilization cycle is locked (if password function has been enabled you will be asked to enter it to start cycle, Section 2 Page 9) into a second state wherein the at least one B class sterilization cycle program is unlocked (select disabled to use the equipment freely without limiting operator access, Section 1 Page 28).
20. Regarding claim 33, SciCan discloses the method of sterilization of claim 30, the method comprising:
wherein the device is provided in the first state (state after starting S class sterilization cycle program e.g., “Emergency”, Section 2 Page 5) and the at least one B class sterilization cycle program is locked (any cycle start password enabled, Section 1 Pages 28-29);
unlocking the at least one B class sterilization cycle program to provide at least one available B class sterilization cycle program (if password function has been enabled you will be asked to enter it to start cycle, Section 2 Page 9); and
running at least one B class sterilization cycle for sterilizing the at least one item (sterilization cycles available listed in table, e.g., “134 Porous Wrapped” program for sterilizing porous and/or wrapped items, Section 2 Page 5).
21. Regarding claim 36, SciCan discloses the sterilization device of claim 1, wherein the plurality of more than one class of sterilization cycle programs comprises at least one N class sterilization cycle program (“Custom” program e.g. when executed with lower 121 °C steam temperatures and fast drying steps, Section 2 Page 5, Section 1 Pages 33-35) and at least one S class sterilization cycle program (e.g., “Emergency” program, Section 2 Page 5);
and wherein in a first state (state after starting S class sterilization cycle program “Emergency”, Section 2 Page 5; any cycle password enabled, Section 1 Pages 28-29) the sterilization device provides sterilization using the at least one N class sterilization cycle program (“Custom” program provides sterilization process, Section 1 Page 33) and the at least one S class sterilization cycle program is locked and unavailable for use by a user and the at least one B class sterilization cycle program is locked and unavailable for use by a user (any cycle password enabled to lock the start of every sterilization program, Section 1 Pages 28-29). Examiner notes that the active cycle in an active process phase can be interrupted using a manual stop (Section 3 Page 24), but that any subsequent cycles would require a password (Section 2 Pages 7 and 9) thus are locked and unavailable for use by a user.
22. Regarding claim 39, SciCan discloses the sterilization device of claim 36, wherein in a second state (state wherein XXX custom user cycle does not require a password, Section 1 Page 35) the at least one S class sterilization cycle program is unlocked and available for use by a user (XXX custom cycle can be configured to S class sterilization cycle e.g. with single vacuum and 121 °C, Section 1 Pages 30 and 33-35) and the sterilization device provides sterilization using either the at least one N class sterilization cycle program or the at least one S class sterilization cycle program (S class sterilization cycle program “XXX Custom” in progress, Section 2 Pages 7-9 and see above) and the at least one B class sterilization cycle program is locked and unavailable for use by a user (any cycle password enabled to lock the start of every sterilization program, Section 1 Pages 28-29).
23. Regarding claim 40, SciCan discloses the sterilization device of claim 36, wherein in a third state (password disabled, Section 1 Page 28) the at least one B class sterilization cycle program is unlocked and available for use by a user (use the equipment freely without limiting operator access, Section 1 Page 28; program cycles available, Section 2 Page 5) and the at least one S class sterilization program is unlocked and available for use by a user (use the equipment freely without limiting operator access, Section 1 Page 28; program cycles available, Section 2 Page 5) and the sterilization device provides sterilization using either the at least one N class sterilization cycle program or the at least one S class sterilization cycle program or the at least one B class sterilization cycle program (select any of the cycles including several B class cycles, “Emergency” or “Custom” S class cycle, or “No Vacuum” N class cycle, Section 2 Page 5 and Section 1 Pages 44-45).
24. Regarding claim 41, SciCan discloses the sterilization device of claim 36, wherein in a fourth state (state after starting B class sterilization cycle program e.g., “134 Porous Wrapped”, Section 2 Pages 5 and 12) the at least one B class sterilization cycle program is unlocked and available for use by a user (if password function has been enabled you will be asked to enter it to start the cycle, Section 2 Page 9) and the sterilization device provides sterilization using either the at least one N class sterilization cycle program (No Vacuum Cycle, Section 1 Pages 44-45) or the at least one B class sterilization cycle program (B class sterilization cycle program e.g., “134 Porous Wrapped” in progress, Section 2 Pages 5-9) and the at least one S class sterilization cycle program is locked and unavailable for use by a user (any cycle password enabled to lock the start of each tabulated S class and B class sterilization program, Section 1 Pages 28-29).
25. Regarding claim 42, SciCan discloses the sterilization system of claim 26, comprising:
a code for unlocking at least one locked S class sterilization cycle (any cycle password, Section 1 Pages 28-29; if password function has been enabled you will be asked to enter it to start the cycle, Section 2 Page 9); and
wherein the more than one class of sterilization cycle programs comprises at least one N class sterilization cycle program (“No Vacuum Cycle”, Section 1 Pages 44-47) and at least one S class sterilization cycle program (e.g., “Emergency” program, Section 2 Page 5);
wherein in one state of the plurality of states the at least one S class sterilization cycle program is in a locked state and the at least one B class sterilization cycle program is in a locked state (any cycle password enabled to lock the start of every sterilization program, Section 1 Pages 28-29); and
wherein the sterilization device provides N class sterilization (“No Vacuum Cycle” program provides steam at sterilization temperature, Section 1 Pages 44-47) and is adaptable to unlock and provide S class sterilization and B class sterilization (any cycle password to change settings to disable password, Section 1 Pages 28-29; or to start next cycle, Section 2 Page 9; cycle programs include S class e.g., “Emergency” and B class e.g., “134 Porous Wrapped”, Section 2 Page 5).
26. Regarding claim 43, SciCan discloses the sterilization system of claim 42, wherein the sterilization device comprises a passive steam air removal system (vent with valve EV2, Section 2 Page 24) and at least one of a steam pulsing system (steam injected in pulses by water pump/heater, Section 2 Pages 15, 17, 19) and a vacuum system (vacuum pump provides pulse vacuum, Section 2 Pages 14, 16, 18) to provide air removal from the sterilization chamber (complete removal of air from hollow and porous materials, Section 1 Page 4).
27. Regarding claim 46, SciCan discloses the method of sterilization of claim 30, wherein the at least one sterilization cycle is an S class sterilization cycle (selecting the cycle program can include any from program summary table, e.g., “Emergency” which has “Fast Drying” with limited vacuum, Section 2 Page 5).
Response to Arguments
28. Applicant’s arguments, see Remarks filed 30 October 2025 pages 13-15, with respect to the rejections of claim 36 and its dependents under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. As Applicant’s assignment of N class, S class, and B class designations to programs for running an autoclave rather than to the different autoclave architectures themselves is unconventional, Examiner undertook a broad search of the literature to construct a definition of these classes, adopting an understanding that vacuum was not required by N class sterilization but could be present. However, under Applicant’s definition wherein N class sterilization is forbidden from having any vacuum steps, Examiner points instead to the service menu of the SciCan sterilizer where sterilization cycles may be run without vacuum by setting a cycle then choosing “NO VACUUM CYCLE” (Section 1 Pages 44-45 and 47). Therefore, upon further consideration, new grounds of rejection are made over SciCan to address the clarification of scope presented by Applicant.
29. Applicant's arguments, see Remarks filed 30 October 2025 pages 11-13, with respect to the rejections of claim 1 and its dependents have been fully considered but they are not persuasive. Applicant relies on a narrow reading for the limitation “a first state” that requires a user interface configuration that, upon startup, provides a class of sterilizer programs that are access-limited by a lock/password and another class of sterilizer programs that are not access-limited in this manner. Examiner respectfully disagrees, contending that the plain meaning of the term “a first state” is open to interpretation, as there are many states that can be configured in the SciCan settings (including password protection on-off, Section 1 Pages 28-29; XXX Custom user cycle does not require a password, Section 1 Page 35) and many further states of the device depending on which phase of which program the device is currently executing. The previous rejection under 35 U.S.C. 102(a)(1) relied on the first state being defined as a first instant upon selecting the S class sterilization cycle program (Section 2 Pages 3-5), which reads upon a first state wherein the S-class sterilization program is unlocked and available for use while the N class sterilization program remains locked (with service code ++++, Section 1 Page 44) and the B class sterilization program may be locked using the Any Cycle Start password protection setting (Section 1 Pages 28-29).
Conclusion
30. The evidence made of record and not relied upon is considered pertinent to applicant's disclosure.
“Different Classes of Autoclave”, (Non-Patent Literature, https://dentaldecontamination.co.uk/different-classes-of-autoclave/, Accessed 30 July 2025) provides evidence regarding the definitions/key features of B, S, and N class autoclaves. B class autoclaves are characterized by operating at a temperature of 134 °C and a pressure of 2.1 bar, utilizing a vacuum system in pre-vacuum and post-vacuum cycles to remove air from the chamber and providing effective sterilization for solid, porous, and hollow instruments. S class autoclaves are characterized by operating at a temperature of 134 °C and a pressure of 2.1 bar, with a quick sterilization cycle suitable for sterilizing solid, non-packaged items and not necessarily requiring vacuum. N class autoclaves are characterized by operating at a temperature of 121 °C and a pressure of 1.1 bar without requiring vacuum systems, suitable for sterilizing solid, unwrapped instruments. While not prior art, the reference provides more robust working definitions for the classes that were not defined in clear physical terms in the present specification.
31. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
32. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric Talbert whose telephone number is (703)756-5538. The examiner can normally be reached Mon-Fri 8:00-5:00 Eastern Time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIC TALBERT/Examiner, Art Unit 1758
/SEAN E CONLEY/Primary Examiner, Art Unit 1799