Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/31/2026 has been entered.
Response to Amendment
The Amendment filed 07/31/2026 has been entered. Claims 1-16 remain pending in the application. Claims 1-4 and 14-15 are withdrawn. New grounds of rejections necessitated by amendments are discussed below.
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 8 is 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.
Regarding claim 8, claim 8 recites “a separate frame part” in line 2. It is unclear if “separate frame part” is the same or different from the “frame part” established in claim 5. For examination purposes, the separate frame part is interpreted as the same as the frame part.
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.
Claims 5, 7-9, 12-13, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Voss et al. (US 20200038001 A1; cited in the IDS filed 03/22/2023) in view of Viola et al. (US 20220031348 A1; effectively filed 09/24/2018) and Zhu (US 20210179990 A1; effectively filed 01/30/2018).
Regarding claim 5, Voss teaches a dissection tool (abstract; Figs. 1-25) for removing and collecting biological material from a sample disposed on a planar substrate (interpreted as an intended use, see MPEP 2114; abstract, Fig. 1 shows collection of tissue samples from slides), the tool having a tool body (Figs. 1-3, elongated shaft 120) through which an internal passageway (Fig. 2 and paragraph [0037] teaches an internal lumen of the elongated shaft 120, i.e. internal passageway) extends between first (Figs. 2-3, end of elongated shaft 120 towards element 140) and second ends (Figs. 2-3, end of elongated shaft 120 towards element 124), wherein the tool comprises:
a scraping blade (Figs. 1-3, blade 148) arranged at an orifice of the tool, provided at the tool first end (Figs. 1-3 shows blade 148 arranged at an orifice/opening of the elongated shaft 120);
a first connection interface (Figs. 2-3, vacuum coupler 124), provided at the tool second end (Figs. 2-3) for releasably connecting the dissection tool in an airtight manner to a mating interface on a tool carrier (interpreted as an intended use of the first connection interface, see MPEP 2114; paragraphs [0038],[0046] teaches vacuum coupler 124 is configured to receive a tube, other component of a vacuum, or other suction device; therefore, the vacuum coupler 124 is capable of releasable connecting the tool in an airtight manner to a mating interface on a tool carrier, e.g. a vacuum/suction device, at a later time; note that “mating interface on a tool carrier” is not positively recited structurally); and
an air-permeable filter element (Figs. 1-3 and paragraphs [0041]-[0042],[0046] teaches a filter member/element placed in filter column 130; paragraph [0051] teaches flakes of a sample are collected in the filter column 130 during vacuum suction, therefore filter member/element placed in filter column 130 is air-permeable) arranged within the internal passageway (Figs. 2-3 and paragraphs [0041],[0042] teach filter column 130, which includes the filter member/element, is within the internal lumen of the elongated shaft 120), wherein,
- the tool body includes a main body part (Figs. 2-3, gripping portion 122), formed as a single piece (Figs. 2-3 shows gripping portion 122 as one piece), in which the first connection interface is integrally formed (Figs. 2-3 and paragraph [0036] teaches vacuum coupler 124 is integrally formed with the gripping portion 122), whereby the first connection interface includes at least one conical recess or at least one conical protrusion (Figs. 2-3 and paragraph [0038] teaches vacuum coupler 124 is at least one conical shaped recess or protrusion);
- the filter element (Figs. 2-3 and paragraphs [0041]-[0042],[0046] teaches a filter member/element placed in filter column 130) is held in a frame part (paragraphs [0042],[0046] teach a filter member/element placed in main column 132 of filter column 130 and removably coupled to the filter end 134; therefore, the filter member/element is held in a frame part, i.e. main column 132 and filter end 134), wherein each edge of the frame part is fixedly retained within the main body part (Figs. 2-3 and paragraph [0041]-[0043] teach each edge of main column 132 and filter end 134 is fixedly retained within the internal lumen of gripping portion 122 when the filter column is secured together with the cap as shown in Fig. 2); and
- a first section of the internal passageway (Fig. 2 and paragraph [0037], interpreted as a section of the internal lumen of the elongated shaft, i.e. internal passageway), which extends between the filter element and the tool orifice, has a longitudinal centre axis L (Fig. 2, interpreted as the longitudinal centre axis between filter column 130 and the orifice/opening where blade 148 is arranged; i.e. the longitudinal centre axis from element 140 to element 124 of Fig. 2), wherein
- the scraping blade (Figs. 1-3, blade 148) is arranged at one side of the tool orifice (Figs. 1-3 shows blade 148 arranged at one side of the orifice/opening of the elongated shaft 120).
Voss fails to teach: the air-permeable filter element (Figs. 2-3 and paragraphs [0041]-[0042],[0046] teaches a filter member/element placed in filter column 130) arranged within the internal passageway (the internal lumen of the elongated shaft 120) to span the full diameter thereof; the scraping blade includes a partly cylindrical tube section that is curved around a blade axis B, whereby the blade axis B extends at an angle towards the longitudinal centre axis L of the first section of the internal passageway.
Voss teaches embodiments of various shapes and configurations of the scraping blade (Figs. 4-7, elements 148, 158). Voss teaches embodiments of a scraping blade that includes a partly cylindrical tube section that is curved around a blade axis (Figs. 13-16, blade portions 280, 282; paragraph [0070]), wherein the curvature of the blade can provide a select area of scraping (paragraph [0070]).
Viola teaches a surgical cutting device (abstract; Figs. 1-4) comprising a scraping blade (cutting tip 22). Viola teaches the scraping blade (Figs. 1-4, cutting tip 22) includes a partly cylindrical tube section that is curved around a blade axis B (Fig. 2 and paragraph [0024] teaches curved blade 24 is semi-circular, i.e. partly cylindrical tube section, that is curved around the x-x axis), whereby the blade axis B (Figs. 1-4, x-x axis) extends at an angle towards a longitudinal centre axis L of cutting device (Figs. 1-4 and [0023] teaches the x-x axis extends at an angle towards a longitudinal centre axis y-y). Viola teaches different cuts can be made depending on the shape of the blade (paragraph [0007]), and a need for specialized tools for cutting and removing cartilage (paragraph [0009]). Viola teaches the angular configuration and curvature of the cutting tip is optimized for use in hand and wrist procedures (paragraph [0025]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the scraping blade of Voss to incorporate Voss’s embodiments of various shapes and configurations of the scraping blade, including a partly cylindrical tube section that is curved around a blade axis, for providing selective area of scraping (Figs. 4-7, 13-16; paragraph [0070]) and Viola’s teachings of a surgical cutting device with a semi-circular curved blade that is angled in relation to the central longitudinal axis of the device (Figs. 1-4; paragraphs [0023],[0024],[0025]) to provide: the scraping blade includes a partly cylindrical tube section that is curved around a blade axis B, whereby the blade axis B extends at an angle towards the longitudinal centre axis L of the first section of the internal passageway. Doing so would have a reasonable expectation of successfully improving selectivity of a scraping area (Voss, paragraph [0070]), improving specialization of the blade for desired cutting and removing procedures (Viola, paragraphs [0007],[0009]), and optimizing angular configuration and curvature of the scraping blade is optimized for desired procedures (Viola, paragraph [0025]).
Modified Voss fails to teach: the air-permeable filter element (Figs. 2-3 and paragraphs [0041]-[0042],[0046] teaches a filter member/element placed in filter column 130) arranged within the internal passageway (the internal lumen of the elongated shaft 120) to span the full diameter thereof.
Voss teaches the filter end can be sized and shaped to allow the filter column to be received in an internal lumen of the elongated shaft (paragraph [0042]). Voss teaches a central lumen of a cap has an internal diameter similar to an internal diameter of the filter column (paragraph [0049]). Voss teaches an embodiment of a filter (Figs. 8-12, filter 352) removably coupled between a filter column (342) and male filter column (354), wherein the filter has a diameter similar to coupling portion (360) (paragraph [0080]), i.e. the filter (352) is within an internal passageway (346) to span the full diameter thereof (paragraph [0080] teaches the filter has a diameter similar to coupling portion 360 of female filter internal lumen 346; paragraph [0081] teaches the diameter of female internal lumen 346 is similar to the diameter of filter 352).
Zhu teaches a cell sheet transfer device (abstract; Figs. 1-4) including a scraping blade (shovel 13) arranged at an orifice of the tool (Figs. 1-4), provided at the device first end (Figs. 1-4), and a filter element arrange within an internal passageway to span the full diameter thereof (Fig. 3 and paragraph [0065] teaches an air-permeable filter membrane 14 spanning the full diameter of an internal passageway of tubular body 11). Zhu teaches by disposing the filter membrane 14, liquid is prevented from entering the upper part of the first tubular body 11, and the cell sheet is prevented from being contaminated (paragraph [0064]). Zhu teaches the filter membrane 14 may be formed inside the first tubular body 11 by integral molding, or the filter membrane 14 may be fixed by adhesion, insertion, or the like (paragraph [0067]). Zhu teaches the device can be used in cooperation with a pipette to perform operations of blowing and absorbing a cell sheet, or in combination with equipment to perform an aspiration operation (paragraph [0076]). Zhu teaches a cell sheet is stripped from a culture dish by shoveling and/or blowing using the device, and then the cell sheet is sucked into the tubular body of the device by negative pressure to transfer the cell sheet (paragraph [0078]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the filter element of modified Voss to incorporate Voss’s teachings of sizing and shaping the filter column to be received by the internal passageway (paragraph [0042]) and embodiments of filter elements spanning a full diameter of an internal passageway (Figs. 8-12; paragraphs [0080]-[0081]) and Zhu’s teachings of a cell transfer device with a filter element arrange within an internal passageway to span the full diameter thereof (Fig. 3 and paragraph [0065]) to provide: the air-permeable filter element arranged within the internal passageway to span the full diameter thereof. Doing so would have a reasonable expectation of successfully optimizing the size and shape of the filter element to ensure proper and improved filtering of the internal passageway. Additionally, doing so would have been an obvious change in size and shape of the filter element in relation to the internal passageway in view of Voss and Zhu, wherein the claimed relative dimensions would not perform differently than the prior art device and wherein the diameter of the filter element is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant (MPEP 2144.04 (IV)(A)-(B); In Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984); In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
Regarding claim 7, Voss further teaches wherein the scraping blade (Figs. 2-3, blade 148) is incorporated in a second part (140) that is joined to the main tool body part (Figs. 1-3).
Regarding claim 8, Voss further teaches wherein the filter element (Figs. 2-3 and paragraphs [0041]-[0042],[0046] teaches a filter member/element placed in filter column 130) is held in a separate frame part (paragraphs [0042],[0046] teach a filter member/element placed in main column 132 of filter column 130 and removably coupled to the filter end 134; therefore, the filter member/element is held in a separate frame part, i.e. main column 132 and filter end 134) that is fixedly retained within the main tool body part (Figs. 2-3 and paragraph [0041]-[0042] teach the main column 132 and filter end 134 is fixedly retained within gripping portion 122 when the filter column is secured together with the cap as shown in Fig. 2).
Regarding claim 9, Voss further teaches wherein the main tool body part is overmoulded to the filter element (Figs. 2-3 and paragraphs [0041],[0042] teach the filter column 130, which includes the filter element/membrane, is within the internal lumen of the elongated shaft 120; therefore, the main tool body part of the gripping portion 122 of the elongated shaft 120 is molded or formed over the filter column 130, which includes the filter element/membrane, when assembled as shown in Fig. 2).
Note that “overmoulded” is interpreted as a product-by-process limitation (see MPEP 2113), wherein even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. Since Voss teaches the main tool body part of the gripping portion 122 of the elongated shaft 120 is molded or formed over the filter column 130 when assembled (Figs. 2-3; paragraphs [0041],[0042],[0049]), Voss teaches the product as claimed. Thus, Voss teaches all of the limitations of claim 9.
If it is determined that modified Voss fails to teach wherein the main tool body part is overmoulded to the filter element, Zhu teaches the filter membrane 14 may be formed inside the first tubular body 11 by integral molding, or the filter membrane 14 may be fixed by adhesion, insertion, or the like (paragraph [0067]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tool of modified Voss to incorporate Zhu’s teachings of a filter membrane molded inside a tubular body (paragraph [0067]) to provide: wherein the main tool body part is overmoulded to the filter element. Doing so would have a reasonable expectation of successfully fixing or attaching the filter membrane into the main tool body part as taught by Zhu.
Regarding claim 12, Voss further teaches the dissection tool according to claim 5, further comprising a second connection interface (Figs. 2-3, threaded portion 126) for establishing an airtight connection with a collection tube (interpreted as an intended use, see MPEP 2114; Figs. 2-3 and paragraphs [0039]-[0040] teach threaded portion 126 allows for coupling to an element such as cap 140, therefore the threaded portion is structurally capable of establishing an airtight connection with a collection tube at a later time via the treaded portion; note that the “collection tube” is not positively recited structurally).
Regarding claim 13, Voss further teaches wherein the second connection interface (Figs. 2-3, threaded portion 126) is integrally formed in the tool body (Fig. 3) and includes a diameter portion (Fig. 3, the diameter of threaded portion 126) having an underside (Fig. 3, interpreted as the end towards element 140) adapted to receive an upper rim of the collection tube (Fig. 3, the end towards element 140 of threaded portion 126 is structurally capable of receiving a rim of a collection tube at a later time; note that the “collection tube” is not positively recited structurally).
Regarding claim 16, modified Voss further teaches: wherein the scraping blade extends at an angle towards the longitudinal centre axis L (see above claim 5; modified Voss includes the blade axis B extends at an angle towards the longitudinal centre axis L).
Modified Voss fails to teach the scraping blade includes a scraping edge disposed at the longitudinal centre axis L.
Voss teaches an embodiment (Fig. 4) including a scraping blade (148) including a scraping edge disposed at a longitudinal centre axis of the cap (Fig. 4 shows the wide end adjacent to element 146 is disposed at a longitudinal centre axis of the cap 140). Voss teaches in some embodiments, the blade can be located along a central axis of a central lumen (paragraphs [0051],[0056]).
Viola teaches a scraping edge of a scraping blade disposed at a longitudinal centre axis L (Figs. 2-3 shows an edge or end of cutting tip 22, e.g. base 28 and flat portion 30, is disposed at a longitudinal centre axis L ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the scraping blade of modified Voss to incorporate Voss’s teachings of a scraping blade with an edge located along a central longitudinal axis (Fig. 4; paragraphs [0051],[0056]) and Viola’s teachings of a scraping blade including an edge disposed at a longitudinal centre axis (Figs. 2-3) to provide: the scraping blade includes a scraping edge disposed at the longitudinal centre axis L. Doing so would have a reasonable expectation of successfully improving selectivity of a scraping area (Voss, paragraph [0070]), improving specialization of the blade for desired cutting and removing procedures (Viola, paragraphs [0007],[0009]), and optimizing angular configuration and curvature of the scraping blade is optimized for desired procedures (Viola, paragraph [0025]). Additionally, doing so would have been an obvious rearrangement of parts, wherein shifting the position of the scraping edge would not have modified the operation of the device and the particular placement of the scraping edge is an obvious matter of design choice in view of Voss and Viola (MPEP 2114.04(VI)(C)).
Furthermore, the claimed limitations are obvious because all of the claimed elements were known in the prior art and one skilled in the art could have combined the elements (i.e. the claimed the scraping blade extends at an angle towards the longitudinal centre axis L and includes a scraping edge disposed at the longitudinal centre axis L) by known methods with no change in their respective functions (i.e. allowing for removal and collection of tissue), and the combinations yielded nothing more than predictable results (i.e. providing the claimed scraping edge disposed at the longitudinal centre axis L would yield nothing more than the obvious and predictable result of enabling scraping tissue at the center axis of the tool). See MPEP 2143(A).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Voss in view of Viola and Zhu as applied to claim 5 above, and further in view of Adey et al. (US 20140329269 A1; cited in the IDS filed 11/15/2024).
Regarding claim 6, modified Voss fails to teach: wherein the scraping blade is incorporated in the main tool body part.
Voss teaches an embodiment (Fig. 6), where the blade (158) is incorporated in a tool body part (156). Voss teaches an embodiment (Figs. 13-16) where the blade (280) is incorporated in a main tool body part (Figs. 13-16 teaches blade 280 incorporated inside a cap 260). Voss teaches the components of the systems can be integrated together in a single product (paragraph [0089]). Voss teaches the blade can be angled or positioned in various ways to remove a sample from a slide (paragraph [0051]).
Adey teaches devices for extracting a material from a biological sample on a planar surface with an extraction tool (abstract; Figs. 1-8). Adey teaches the device includes cutting tips including blades (paragraph [0046]), wherein a tip is incorporated in a main tool body part (Fig. 1 shows cutting tip 14 in housing 12; Fig. 8 shows interchangeable tip 147 incorporated in an outer sleeve 143).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the scraping blade of modified Voss to incorporate Voss’s teachings of the blade incorporated with a main tool body part and the components can be integrated in a single product (Figs. 6, 13-16; paragraph [0089]) and Adey’s teachings of a scraping blade incorporated in a tool body part, such as a housing (Figs. 1, 8; paragraph [0046]) to provide: wherein the scraping blade is incorporated in the main tool body part. Doing so would have a reasonable expectation of successfully improving housing and incorporation of the blade element within the main tool body part, improving simplicity and integration of components, and optimizing the positioning and angle of the blade relative to the main tool body part.
Furthermore, the claimed limitations are obvious because all of the claimed elements were known in the prior art and one skilled in the art could have combined the elements (i.e. a scraping blade incorporated in a main tool body part) by known methods with no change in their respective functions (i.e. removing and collecting a sample), and the combinations yielded nothing more than predictable results (i.e. providing the scraping blade in the main tool body part would yield nothing more than the obvious and predictable result of enabling integration of the blade with the main tool body for removing and collecting a sample). See MPEP 2143(A).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Voss in view of Viola and Zhu as applied to claim 5 above, and further in view of Xalabarder et al. (US 20180184957 A1).
Regarding claim 10, modified Voss fails to teach: wherein the first connection interface additionally includes one or more snap-fit elements.
Voss teaches a vacuum coupler configured to receive a tube or other component of a vacuum, or other suction device (paragraph [0038]). Voss teaches a cap comprising a ridge that can create a snap-fit between a cap and cap coupler (paragraph [0077]).
Xalabarder teaches a system for taking samples, including a pump (abstract). Xalabarder teaches a pump comprising a positioning means comprising a reversible snap fitting means for reversibly fixing the fixed surface relative to the pumping surface (paragraph [0023]). Xalabarder teaches the reversible snap fitting enormously simplifies the operation of “opening” and “closing” the pump, such that the operation of replacing the flexible tube may be done in a few seconds, without needing any special tool or specific knowledge or training (paragraph [0034]).
Since Xalabarder teaches removing and collecting samples with a pump, similar to Voss, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first connection interface of modified Voss to incorporate the teachings of snap fitting means of Xalabarder (paragraphs [0023],[0034]) to provide: wherein the first connection interface additionally includes one or more snap-fit elements. Doing so would have a reasonable expectation of successfully improving securing and removing of components of a vacuum or suction device to the dissection tool.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Voss in view of Viola and Zhu as applied to claim 5 above, and further in view of Tanaka et al. (US 20130184732 A1).
Regarding claim 11, modified Voss fails to teach: wherein the first connection interface includes a single conical recess which forms part of the tool internal passageway.
Voss teaches the first connection interface includes a conical shape, can have a barbed design, can define an internal lumen, and can be threaded for a screw-type connection with a vacuum or suction device (paragraph [0038]; Figs. 2-3).
Tanaka teaches a tissue harvesting apparatus (abstract; Fig. 4). Tanaka teaches the apparatus includes a first connection interface (Fig. 4, luer lock portion 44b) including a single conical recess, i.e. luer lock, that forms part of an internal passageway (Fig. 4 and paragraph [0068], luer lock portion 44b). Tanaka teaches the luer lock portion allows a syringe for suction to be detachably connected (paragraph [0068]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the first connection interface of modified Voss with another known element (Tanaka’s luer lock with a conical recess) to provide wherein the first connection interface includes a single conical recess which forms part of the tool internal passageway, and the result of the substitution (i.e. allowing for improved securing and detaching of vacuum or suction devices to the tool) would have been predictable. See MPEP 2143(I)(B).
Response to Arguments
Applicant’s arguments, see pages 8-9, filed 07/31/2026, with respect to the rejection(s) of claims 5-13 under 35 U.S.C. 103, specifically regarding amended claim 5, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Voss et al. (US 20200038001 A1; cited in the IDS filed 03/22/2023) in view of Viola et al. (US 20220031348 A1; effectively filed 09/24/2018) and Zhu (US 20210179990 A1; effectively filed 01/30/2018).
In response to applicant’s argument that Voss fails to teach “the filter element is held in a frame part, wherein each edge of the frame part is fixedly retained within the main body part” (Remarks, page 8), the examiner disagrees.
In view of the new grounds of rejections with a different interpretation of “an air-permeable filter element”, Voss teaches:
an air-permeable filter element (Figs. 1-3 and paragraphs [0041]-[0042],[0046] teaches a filter member/element placed in filter column 130; paragraph [0051] teaches flakes of a sample are collected in the filter column 130 during vacuum suction, therefore filter member/element placed in filter column 130 is air-permeable) arranged within the internal passageway (Figs. 2-3 and paragraphs [0041],[0042] teach filter column 130, which includes the filter member/element, is within the internal lumen of the elongated shaft 120); and
the filter element (Figs. 2-3 and paragraphs [0041]-[0042],[0046] teaches a filter member/element placed in filter column 130) is held in a frame part (paragraphs [0042],[0046] teach a filter member/element placed in main column 132 of filter column 130 and removably coupled to the filter end 134; therefore, the filter member/element is held in a frame part, i.e. main column 132 and filter end 134), wherein each edge of the frame part is fixedly retained within the main body part (Figs. 2-3 and paragraph [0041]-[0043] teach each edge of main column 132 and filter end 134 is fixedly retained within gripping portion 122 when the filter column is secured together with the cap as shown in Fig. 2).
While Voss’s lip 138 is an edge of the filter column 130 (Fig. 3), the lip 138 is not being interpreted as “each edge of the frame part” as claimed. The frame part is interpreted as main column 132 and filter end 134, where each edge of the frame part (i.e. each edge of main column 132 and filter end 134) is fixedly retained within the main body part (Figs. 2-3 and paragraph [0041]-[0043] teach each edge of main column 132 and filter end 134 is fixedly retained within gripping portion 122 when the filter column is secured together with the cap as shown in Fig. 2). Therefore, Voss teaches the claimed “the filter element is held in a frame part, wherein each edge of the frame part is fixedly retained within the main body part” of amended claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Peterson (US 20120265228 A1) teaches a scraping element (abstract; Figs. 1-8) including a blade (120), which has a partly semi-cylindrical tube section that is curved around an axis (Figs. 2-8; paragraph [0056]).
Mirza et al. (US 20170042566 A1) teaches an endoscopic surgical element (abstract). Mirza teaches a tubular knife (paragraph [0066]). Mirza teaches a cutting surface of a blade is angled and can include a semi-circular shape (paragraph [0079]).
Mark et al. (US 20120157879 A1) teaches a tissue cutting device (abstract) comprising a filter element (Fig. 33A, tissue filter 405) configured with a mesh body that retains tissue samples there within, but permits bodily fluids to exit through the mesh body (paragraph [0098]), the filter element spanning the full diameter of the internal passageway of the tissue collector (Fig. 33A).
Mikkaichi (US 20210156841 A1; effectively filed 08/03/2018) teaches a cytodiagnosis device (Figs. 1-2) including a filter (10) including an annular frame (11) and filter part (12) that captures cells (paragraph [0044]), wherein the filter part is arranged within an internal passageway to span the full diameter thereof (Fig. 1) and the filter part is held in a frame part (11), wherein each edge of the frame part is fixedly retained within a main body part (Fig. 1 shows edges of frame part 11 fixed within chamber 20).
Moriarty et al. (US 6045757 A) teaches a membrane filter pipette tip (abstract; Figs. 1-4) including a structure for securely supporting the membrane filter 32 within the pipette tip 34 (column 4, lines 60-32), the membrane filter spanning the full diameter of the internal passageway of the tube 36 (Figs. 2-4).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY H NGUYEN whose telephone number is (571)272-2338. The examiner can normally be reached M-F 7:30A-5:00P.
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.
/HENRY H NGUYEN/Primary Examiner, Art Unit 1758
Prosecution Insights