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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites, “Regarding claim 4, the container assembly of claim 3, wherein the external diameter of said lateral wall of the crown is lower than the internal diameter of the lower lateral wall of the container, and the external diameter of said collar of the crown is higher than the internal diameter of the lower lateral wall of the contained and lower than the internal diameter of the upper lateral wall of the container.” It is unclear how an external diameter of the lateral wall of the crown is lower than the internal diameter of the lower lateral wall of the container. How does a diameter of a structure dictate the higher or lower of another diameter of a structure? Further the external diameter of the collar of the crown is height than the internal diameter of the lower lateral wall of the contained and lower than the internal diameter of the upper lateral wall of the container. Same arguments apply here, how does a diameter of structure provide a relative height to another diameter of a structure?
Claim 9 recites the limitation "the base" in line 2. There is insufficient antecedent basis for this limitation in the claim. “A base is recited in claim 8 but claim 9 is dependent upon claim 1.
Claim 9 recites the limitation "said lateral wall" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 102069602 (herein after Moon).
Regarding claim 1, Moon discloses a biopsy container assembly (fig. 1-6) comprising: a container (20/24) with a lower chamber (inner area of 20/24 where L is placed after membrane 51 is pierced, see fig. 6) suitable for containing a buffer liquid (a buffer liquid is not positively recited in the instant claim because the lower chamber is capable/suitable for holding a buffer liquid that can be added at a later time),
a cap (4) coupled with said container (figs. 1-6); said cap being provided with a chamber (fig. 3, area where liquid is placed) that contains a biopsy liquid (liquid L) sealed by means of a membrane (51), and
a crown (36 placed within inner cap 30) with a toothing (see fig. 1-6; 36 has multiple toothing as seen in fig. 1-6) suitable for tearing off said membrane (51) of the cap; characterized in that said crown (36) is suitable for being disposed in the container (see fig. 1-6) in an initial position (the inner cap 30 is removable from the container and can be inverted (toothing facing down), wherein the toothing (36) is directed downwards in order not to interfere with the membrane (51) of the cap (40) when the cap is closed on the container, and in an operating position (fig. 1-6), wherein the toothing (36) is directed upwards (fig. 3) in order to tear off the membrane (51) of the cap when the cap is closed on the container (see fig. 3 transitioning to fig. 6). Regarding the initial position vs the operating position, these positions are directed to “use limitations” which do not further structurally limit the instant claim. Moon provides the operating position where the crown is facing upwards toward the cap. As stated above the inner cap 30 which holds the toothing 36 is removable can is capable of being inverted within the container 20 and can be interpreted as the initial position.
Regarding claim 2, the container assembly of claim 1, wherein said container (20) comprises a bottom wall (fig. 2, 6 shows a bottom wall), a lower lateral wall (fig. 2,6 shows a lateral wall) that defines said lower chamber (area within container where the L is collected, see fig. 3 ,5), and a collar (25) shaped like a step that projects outwards from the lower wall (see fig. 4), acting as a shoulder; said collar (25) separates the lower chamber (see fig. 6) from an upper chamber (area above grate and collar is fig. 6) and said crown (36) comprises a lateral wall (36 is circular and has a lateral wall as seen in fig. 5) with said toothing (36) and a collar (35) that protrudes radially outwards from the lateral wall and abuts said collar (35) of the container (see fig. 5).
Regarding claim 3, the container assembly of claim 2, wherein said toothing (36) is provided in a first edge of the lateral wall of the crown and said collar (35) is provided in a second edge of the lateral wall of the crown (see fig. 5).
Regarding claim 4, the container assembly of claim 3, wherein the external diameter of said lateral wall of the crown is lower than the internal diameter of the lower lateral wall of the container, and the external diameter of said collar of the crown is higher than the internal diameter of the lower lateral wall of the contained and lower than the internal diameter of the upper lateral wall of the container (see fig. 3-6).
Regarding claim 5, the container assembly of claim 1, wherein said cap (40/41) comprises a lateral wall (42) that protrudes in lower position from an upper wall (44) and an internal lateral wall (52) that is disposed coaxially inside the lateral wall (42) in such a way to define said chamber (area where L resides) of the cap; said membrane (51) being sealed to a lower edge (lower edge of 52) of the internal lateral wall (52) of the cap (40/41).
Regarding claim 6, the container assembly of claim 5 wherein, when said crown (36) is in operating position, said collar of the crown abuts the collar (35) of the container and an empty space (any space seen in fig. 5) is formed between the lateral wall of the crown and the upper lateral wall of the container, said empty space being suitable for receiving the internal lateral wall of the cap (See fig .6).
Regarding claim 7, the container assembly according to claim 1, wherein said cap (40) comprises an internal thread (43) that is screwed on an external thread (46) provided in said container (20 fig. 3).
Regarding claim 8, the container assembly claim 1, wherein said crown (3) comprises a base joined to said lateral wall; said base (32) having a plurality of holes (32) for the passage of said biopsy liquid (see fig. 5 and fig. 6).
Regarding claim 9, the container assembly according to claim 1, wherein said crown (36) comprises a shank (35) that projects from the base (32) coaxially to said lateral wall (wall of crown 36) of the crown.
Regarding claim 10, the container assembly according to claim 1, wherein said membrane (51) is made of an aluminum (foil tape) sheet coextruded with polyolefins having a thickness of 0.5 - 0.2 mm and said toothing (36) of the crown comprises triangular teeth disposed along an edge of the lateral wall of the crown (See fig. 5-6).
Regarding claim 11, Moon discloses a biopsy container assembly (fig. 1-6) comprising: a container (20) with a lower chamber (see fig. 6 where L is placed) suitable for containing a buffer liquid,
a cap (40) coupled with said container (20); said cap being provided with a chamber (chamber where L is placed) that contains a biopsy liquid (L) sealed by means of a membrane (51), and
a crown (36) with a toothing (36 has toothing as seen in fig. 5) suitable for tearing off said membrane (51) of the cap (40); wherein said crown (36) is disposed in the container (20) under said membrane (51) with the toothing (36) directed upwards towards said membrane (51) (see fig. 3 and 6), and said container assembly also comprises a safety strap (connecting pieces 46 are positioned between the handle portion 42 and the skirt portion 44 and is broken so that only the handle 42 rotates to move the cap towards the container) disposed between the container (20) and the cap (40) to prevent the cap (40) from being lowered on the container (20); said safety strap (42) being removable to allow for lowering the cap (40) on the container (20) and tearing off the membrane (51) of the toothing (36) of the crown.
Regarding claim 12, the container assembly of claim 11, wherein said container comprises a bottom wall (fig. 2, 6 shows a bottom wall), a lower lateral wall (fig. 2,6 shows a lateral wall) that defines said lower chamber (area within container where the L is collected, see fig. 3 ,5), and a collar (25) shaped like a step that projects outwards from the lower wall (see fig. 4), acting as a shoulder; said collar (25) separates the lower chamber (see fig. 6) from an upper chamber (area above grate and collar is fig. 6) and said crown (36) comprises a lateral wall (36 is circular and has a lateral wall as seen in fig. 5) with said toothing (36) and a collar (35) that protrudes radially outwards from the lateral wall and abuts said collar (35) of the container (see fig. 5 and an external lateral wall that surrounds the lateral wall of the crown in such a way to generate an annular empty space that is open on top (area above crown 36).
Regarding claim 13, the container assembly of claim 1, wherein said crown (36) comprises a base (32) joined to said lateral wall (sidewall of crown); said base (32) having a plurality of holes (32) for the passage of said biopsy liquid (L).
Regarding claim 14, the container assembly according to claim 11, wherein said cap (40) comprises a lateral wall (42) that protrudes in lower position from an upper wall (), an internal lateral wall (52) coaxially disposed inside the lateral wall (42) in such a way to define said chamber (L) of the cap and an intermediate lateral wall (structure between 52 and 42 near top of cap, see blow up of fig. 3) disposed between the internal lateral wall (52) of the cap and the lateral wall (42) of the cap; said membrane (51) being sealed to a lower edge of the internal lateral wall (52) of the cap (see fig. 3).
Regarding claim 15, the container assembly according to claims 11, wherein said cap (40) comprises an internal thread (see fig. 3) that is screwed on an external thread (46) provided in said container (20).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday, Tuesday, Thursday, Friday, 8-6.
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/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758