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 .
Election/Restrictions
Claims 18, 19 and 38 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected assembly and method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 30 JUNE 2026.
Applicant’s election without traverse of Group I: Claims 1-17 in the reply filed on 30 JUNE 2026 is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10 MAY 2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 10 MAY 2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 23 DECEMBER 2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 24 OCTOBER 2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over GORDON, US Publication No. 2014/0004548 A1, submitted on the Information Disclosure Statement on 10 MAY 2023; US Patent Application Publications Cite No. B6; and further in view of BECTON, WO 2019/204147 A1, submitted on the Information Disclosure Statement on 10 MAY 2023; Foreign Patent Document C1.
Applicant’s invention is directed towards device.
Regarding Claim 1, the GORDON reference discloses a device, Figure 8A-12, assembly 800, [0130], comprising:
an elongated member, Figure 8A, swab 850, [0129-0130]; and
a tube assembly having a first end and a second end, Figure 10, system 1000, [0164] , the tube assembly configured to receive the elongated member at the second end, Figure 10, [0164], the tube assembly including: a plurality of chambers, Figure 8D-E, [0135-0137], including a first chamber and a second chamber, Figure 8D-E, 804a/804b, [0135-0137], the first chamber and the second chamber being separated by a membrane, Figure 8D-E, membrane 862, [0135-01037]; a spring positioned at the second end of the tube assembly, Figure 9 and 11, [0162], spring 920;
The GORDON reference discloses the claimed invention but is silent in regards to a spring retainer configured to prevent the spring from decompressing when in a locked position and permit the spring to decompress when in an unlocked position.
The BECTON discloses a device , abstract, system, comprising:
a tube assembly having a first end and a second end, Figure 5B, the tube assembly configured to receive the elongated member at the second end, Figure 5B, see how parts connect, the tube assembly including:
a plurality of chambers, [0085, 0086], including a first chamber and a second chamber , [0085, 0086], Figure 5B,
a spring positioned at the second end of the tube assembly, Figure 6C, spring 214, [0099, 00102-00103]; and
a spring retainer configured to prevent the spring from decompressing when in a locked position and permit the spring to decompress when in an unlocked position, Figure 6C, lock 218, [0099, 00102-00103].
It would be obvious to one having ordinary skill in the art before the effective filing date to modify the GORDON reference with the spring retainer as taught by BECTON to reliably engage the spring mechanism and allow more precise user controlled device action.
Additional Disclosures Included are: Claim 2: wherein the device of claim 1, wherein the tube assembly further includes a key opening for receiving a portion of the spring retainer when the spring retainer is in the locked position, BECTON Figure 6A-C, aperture 240, [00104].; Claim 3: wherein the device of claim 2, wherein a longitudinal axis of the tube assembly and an axis of the key opening are orthogonal, BECTON Figure 6C, vertical axis is perpendicular to aperture 240.; Claim 4: wherein the device of claim 2, wherein dislodging the portion of the spring retainer from the key opening places the spring retainer in the unlocked position, Figure 6A-C, [00103-00104].; Claim 5: wherein the device of claim 4, wherein a shape of the spring retainer is deformed when the portion of the spring retainer is dislodged from the key opening, Figure 6A, locking clip 232, [00104].; Claim 6: wherein the device of claim 1, wherein the spring is configured to push the spring retainer towards the first end of the tube assembly when in the unlocked position, see from Figure 6Ato 6B.; Claim 7: wherein the device of claim 6, wherein the elongated member moves towards the first end of the tube assembly as the spring retainer is pushed towards the first end of the tube assembly, GORDON, Figure 17.; Claim 8: wherein the device of claim 6, wherein the elongated member punctures the membrane separating the first chamber from the second chamber in response to the spring retainer being pushed towards the first end of the tube assembly, Figure 8D, 8E, [0136], frangible membrane 862a, 862b.; Claim 9: wherein the device of claim 2, wherein the spring retainer is hollow and substantially cylindrical, having an internal radius that is less than an internal radius of the tube assembly, Figure 5B.; Claim 10: wherein the device of claim 1, wherein the elongated member has a varying cross-sectional area along the length of the elongated member, Figure 8A, [0130, 0131], swab 850 handle is different than tip 854 cross section.; Claim 11: wherein the device of claim 1, wherein the spring retainer is further configured to secure the elongated member within the tube assembly when received at the second end of the tube assembly, Figure 5B, 6A-C, when lock 218 is in locked position, [0006, 0098, 0099, 00102-00108]. ; Claim 12: wherein the device of claim 1, wherein the elongated member includes flaps configured to prevent the elongated member from being removed from the tube assembly, Figure 5B, see on closure 28 there are notches which are interpreted to be the flaps to prevent elongated member from being removed. ; Claim 13: wherein the device of claim 1, wherein the first chamber includes a first reagent and the second chamber includes a second reagent different from the first reagent. The instant claim language is directed towards what is to be contained in the chambers and is considered to be material worked upon by the device. The language in the instant claim does not does not further structurally define the claimed invention. The “[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). ; Claim 14: wherein the device of claim 1, wherein the elongated member is a syringe or a swab, GORDON, Figure 8A, swab 850, tip 854, [0130].; Claim 15: wherein the device of claim 1, wherein the spring retainer is transitioned from the locked position to the unlocked position using a solenoid, [00103-00105]. The instant claim language is directed towards how the device is intended to be used in a locked position and an unlocked position. “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). ; Claim 16: wherein the device of claim 1, wherein the spring includes a compressed gas device or a mechanical spring, Figure 1, spring 114/214, [0093, 0097-0099].; and Claim 17: wherein the device of claim 1, wherein the plurality of chambers is arranged in series, the plurality of chambers further including at least a third chamber separated from the first chamber and the second chamber, Figure 8B, 8D , 8E, chambers 802, 804a, 804b, [0133-0135].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T MUI whose telephone number is (571)270-3243. The examiner can normally be reached M-Th 5:30 -15:30 EST.
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CTM
/CHRISTINE T MUI/Primary Examiner, Art Unit 1797
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