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 .
Claim Objections
Claims 1 and 12 objected to because of the following informalities:
Claim 1, line 3 ”there is rubber stopper” should be –there is a rubber stopper—
Claim 1, line 8 “at material” should be –[[at]] a material—
Claim 12 is currently listed as depending from itself. It appears the claim should depend from claim 11.
Appropriate correction is required.
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.
Claims 1-14 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.
Claim 1 recites the limitation “the blood vessel” in line 4 of the claim. There is insufficient antecedent basis for this limitation of the claim.
Claims 2-14 are additionally rejected under 35 U.S.C. 112(b) as indefinite due to their dependence on claim 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Smith (US 20180132773 A1).
Regarding claim 1, Smith discloses a portable kit for collecting blood (Paragraph 0005-0006), the kit comprising:
a) a blood collection tube comprising an elongated tube having an open end and a closed end, wherein there is rubber stopper fitted over the open end (Paragraph 0006, 0043-0044-0046—a blood collection tube comprising a pierceable septum over an open end; Blood collection tube 102);
b) a needle comprising an outer end for inserting into the blood vessel and an inner end for inserting into the blood collection tube through the rubber stopper (Paragraph 0006, 0043, 0047-0048—a needle assembly comprising a first tip for intravenous puncture, and a second tip, for insertion into the blood collection tube through the pierceable septum; needle assembly 104);
c) a holder for the blood collection tube, the holder having a first end for inserting the needle and a second end for inserting the blood collection tube (Paragraph 0006, 0043, 0049-0051—a holder for the blood collection tube; holder 106);
d) at material selected from the group consisting of a gauze pad, bandage, alcohol- prep pad, and tourniquet, and combinations thereof (Paragraph 0006, 0043, 0052-0057—a bandage, a tourniquet, a wipe, and a sponge…a sponge 114 is surgical gauze; bandage 108, tourniquet 110, wipe 112, sponge 114).
Regarding claim 2, Smith discloses the portable kit of claim 1. Smith additionally discloses wherein the kit has an interior compartment (interior of Bag 120),
the compartment enclosing the blood collection tube, needle, holder of the blood collection tube, and material selected from the group consisting of a gauze pad, bandage, alcohol-prep pad, and tourniquet, and combinations thereof (Paragraph 0043, 0060-- the kit (e.g., phlebotomy components) is contained in a sealable bag 120 (FIG. 1C)).
Regarding claim 3, Smith discloses the portable kit of claim 1. Smith additionally discloses wherein the holder for the blood collection tube is translucent (Paragraph 0050-- Holders can be any material of construction (e.g., polyethylene, glass, etc.)).
Regarding claim 11, Smith discloses the portable kit of claim 1. Smith additionally discloses wherein the kit comprises sealed packaging, the sealed packaging enclosing components of the kit (Paragraph 0060--Any type of suitably sized sealable bag 120 may be used in accordance with the invention. In certain embodiments, a sealable bag 120 has an interior surface, exterior surface, and an opening large enough to accommodate the phlebotomy components; Fig. 1C shows the bag 120 enclosing all of the kit components).
Regarding claim 12, Smith discloses the portable kit of claim 1. Smith additionally discloses wherein the components of the kit are selected from the group consisting of blood collection tubes, needles, translucent holders for the blood collection tubes, gauze pads, bandages, alcohol-prep pads, and tourniquets, and combinations thereof (Paragraph 0060--Any type of suitably sized sealable bag 120 may be used in accordance with the invention. In certain embodiments, a sealable bag 120 has an interior surface, exterior surface, and an opening large enough to accommodate the phlebotomy components; Fig. 1C shows the bag 120 enclosing all of the kit components including a blood collection tube, needle, translucent holder, alcohol prep pad, gauze, tourniquet).
Claim(s) 1, 3-5, 7, 9, and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anatomy Warehouse ("Supplemental Phlebotomy Kit").
Regarding claim 1, Anatomy Warehouse discloses a portable kit for collecting blood (kit designed specifically for phlebotomists), the kit comprising:
a) a blood collection tube comprising an elongated tube having an open end and a closed end, wherein there is rubber stopper fitted over the open end (Blood sample vacuum tubes);
b) a needle comprising an outer end for inserting into the blood vessel and an inner end for inserting into the blood collection tube through the rubber stopper (Hypodermic needles, transfer needles);
c) a holder for the blood collection tube, the holder having a first end for inserting the needle and a second end for inserting the blood collection tube (Blood collection holder with luer connection);
d) at material selected from the group consisting of a gauze pad, bandage, alcohol- prep pad, and tourniquet, and combinations thereof (Sterile nonwoven 4-ply gauze pad, alcohol prep pads, latex-free tourniquet, fabric adhesive bandages).
Regarding claim 3, Anatomy Warehouse discloses the portable kit of claim 1. Anatomy Warehouse additionally discloses wherein the holder for the blood collection tube is translucent (Blood collection holder with luer connection; see holder in images).
Regarding claim 4, Anatomy Warehouse discloses the portable kit of claim 1. Anatomy Warehouse additionally discloses further comprising a specimen bag (Biohazard lab specimen bag).
Regarding claim 5, Anatomy Warehouse discloses the portable kit of claim 1. Anatomy Warehouse additionally discloses further comprising gloves (Medium sized gloves, nitrile, latex-free loves, non-sterile, powder free).
Regarding claim 7, Anatomy Warehouse discloses the portable kit of claim 1. Anatomy Warehouse additionally discloses wherein the kit comprises multiple needles (2 x Hypodermic Needle With Luer Lock, 18G x 1.5 in., 2 x Hypodermic Needle, 21G X 1 in., 2 x Transfer Venipuncture Needle, Color-coded Caps, 22G X 1 in., 1 x Transfer Needle With Attached Blood Collection Holder, Green, 21G x 1 in.,1 x Venipuncture “Butterfly Or Scalp” Needle With Extension Tubing And Safety Transfer Device, Blue, 23G x 0.75 in.), blood collection tubes (1 x Blood Sample Vacuum Tube with 3.2% Sodium Citrate Additive, Light Blue, 2 mL, 1 x Blood Sample Vacuum Tube with Serum Clot Activator, Red, 6 mL, 1 x Blood Sample Vacuum Tube with Sodium Heparin Additive, Green, 4 mL, 1 x Blood Sample Vacuum Tube, K3 EDTA, Lavender, 4 mL, 1 x Blood Sample Vacuum Tube, No Additive, White, 3 mL), and holders for the blood collection tubes (2 x Blood Collection Holder With Luer Connection).
Regarding claim 9, Anatomy Warehouse discloses the portable kit of claim 1. Anatomy Warehouse additionally discloses wherein the kit comprises multiple gauze pads (10 x Sterile Nonwoven 4-Ply Gauze Pad, 2 in. x 2 in.); bandages (2 x Fabric Adhesive Bandages, 1 in. x 3 in); and alcohol-prep pads (10 x Alcohol Prep Pads).
Regarding claim 11, Anatomy Warehouse discloses the portable kit of claim 1. Anatomy Warehouse additionally discloses wherein the kit comprises sealed packaging, the sealed packaging enclosing components of the kit (See images which show that at least the alcohol swabs and gauze pads are individually sealed).
Regarding claim 12, Anatomy Warehouse discloses the portable kit of claim 1. Anatomy Warehouse additionally discloses wherein the components of the kit are selected from the group consisting of blood collection tubes, needles, translucent holders for the blood collection tubes, gauze pads, bandages, alcohol-prep pads, and tourniquets, and combinations thereof (See images which show that at least the alcohol swabs and gauze pads are individually sealed).
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.
Claim(s) 4-5, 7, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Anatomy Warehouse.
Regarding claim 4, Smith discloses the portable kit of claim 1. However, Smith fails to disclose the kit further comprising a specimen bag. Anatomy Warehouse, in the same field of endeavor of a phlebotomy kit, discloses further comprising a specimen bag (Biohazard lab specimen bag). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Smith to include the additional element disclosed by Anatomy Warehouse in order to predictably improve the device by providing additional elements which are commonly used in specimen collection so that the kit may be seen as more complete and capable of use in more specimen collection scenarios.
Regarding claim 5, Smith discloses the portable kit of claim 1. However, Smith fails to disclose the kit further comprising gloves. Anatomy Warehouse, in the same field of endeavor of a phlebotomy kit, discloses further comprising gloves (Medium sized gloves, nitrile, latex-free loves, non-sterile, powder free). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Smith to include the additional element disclosed by Anatomy Warehouse in order to predictably improve the device by providing additional elements which are commonly used PPE in specimen collection so that the kit may be seen as more complete and would not require that a user carry PPE separately from other supplies.
Regarding claim 7, Smith discloses the portable kit of claim 1. However, Smith fails to disclose the kit further comprising multiple needles, blood collection tubes, and holders for the blood collection tubes. Anatomy Warehouse, in the same field of endeavor of a phlebotomy kit, discloses wherein the kit comprises multiple needles (2 x Hypodermic Needle With Luer Lock, 18G x 1.5 in., 2 x Hypodermic Needle, 21G X 1 in., 2 x Transfer Venipuncture Needle, Color-coded Caps, 22G X 1 in., 1 x Transfer Needle With Attached Blood Collection Holder, Green, 21G x 1 in.,1 x Venipuncture “Butterfly Or Scalp” Needle With Extension Tubing And Safety Transfer Device, Blue, 23G x 0.75 in.), blood collection tubes (1 x Blood Sample Vacuum Tube with 3.2% Sodium Citrate Additive, Light Blue, 2 mL, 1 x Blood Sample Vacuum Tube with Serum Clot Activator, Red, 6 mL, 1 x Blood Sample Vacuum Tube with Sodium Heparin Additive, Green, 4 mL, 1 x Blood Sample Vacuum Tube, K3 EDTA, Lavender, 4 mL, 1 x Blood Sample Vacuum Tube, No Additive, White, 3 mL), and holders for the blood collection tubes (2 x Blood Collection Holder With Luer Connection). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Smith to include multiples of each element as disclosed by Anatomy Warehouse in order to predictably improve the ability of the kit to be used multiple times, such as to collect multiple samples from one patient or to collect samples from additional patients, without requiring a user to retrieve an additional kit or supplies.
Regarding claim 9, Smith discloses the portable kit of claim 1. However, Smith fails to disclose the kit further comprising wherein the kit comprises multiple gauze pads; bandages; and alcohol-prep pads. Anatomy Warehouse, in the same field of endeavor of a phlebotomy kit, discloses wherein the kit comprises multiple gauze pads (10 x Sterile Nonwoven 4-Ply Gauze Pad, 2 in. x 2 in.); bandages (2 x Fabric Adhesive Bandages, 1 in. x 3 in); and alcohol-prep pads (10 x Alcohol Prep Pads). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Smith to include multiples of each element as disclosed by Anatomy Warehouse in order to predictably improve the ability of the kit to be used multiple times, such as to collect multiple samples from one patient or to collect samples from additional patients, without requiring a user to retrieve an additional kit or supplies.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Phlebotomy U (“Personal Protective Equipment (PPE) for Phlebotomist”).
Regarding claim 6, Smith discloses the portable kit of claim 1. However, Smith fails to disclose the kit further comprising a face mask. Phlebotomy U, in the same field of endeavor of components used by phlebotomists, discloses that proper PPE may include a face mask to protect from droplets generated by sneezing or coughing (See section “Masks, Face shields, and goggles”). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Smith to further include a facemask in order to predictably improve the completeness and usefulness of the kit by providing typical PPE for a phlebotomist, as disclosed by Phlebotomy U.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anatomy Warehouse in view of Phlebotomy U (“Personal Protective Equipment (PPE) for Phlebotomist”).
Regarding claim 6, Anatomy Warehouse discloses the portable kit of claim 1. However, Anatomy Warehouse fails to disclose the kit further comprising a face mask. Phlebotomy U, in the same field of endeavor of components used by phlebotomists, discloses that proper PPE may include a face mask to protect from droplets generated by sneezing or coughing (See section “Masks, Face shields, and goggles”). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Anatomy Warehouse to further include a facemask in order to predictably improve the completeness and usefulness of the kit by providing typical PPE for a phlebotomist, as disclosed by Phlebotomy U.
Claim(s) 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Anatomy Warehouse, further in view of Kang (“PPK: Portable Phlebotomy Kit”).
Regarding claim 8, the combination of Smith and Anatomy Warehouse discloses the portable kit of claim 7. Smith additionally discloses wherein the needles are vacuum-sealed within separate translucent bags, and the translucent bags are enclosed within the kit (See Fig. 1A, needle assembly 104 in a sealed translucent bag; paragraph 0051-- The blood collection tube, needle assembly 104 and holder 106 are employed by first removing the packaging cover and connecting the second tip of the needle assembly 104 in the mounting aperture in the distal end wall of the holder). However, Smith fails to disclose wherein the blood collection tubes, and holders for the blood collection tubes are vacuum-sealed within separate translucent bags, and the translucent bags are enclosed within the kit.
Kang, in the same field of endeavor of a phlebotomy kit, discloses wherein the needles, blood collection tubes, and holders for the blood collection tubes are vacuum-sealed within separate translucent bags (see images 2 and 5, which show that the components are individually wrapped and that various components may be vacuum-sealed within separate translucent bags), and the translucent bags are enclosed within the kit (see image 9, which shows that the sealed components may be enclosed within the kit). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Smith to utilize vacuum-sealed translucent bags to enclose additional components as disclosed by Kang in order to predictably improve the safety and hygiene of the kit by ensuring that all components are visibly new and unused within the kit.
Regarding claim 10, the combination of Smith and Anatomy Warehouse discloses the portable kit of claim 7. Smith additionally discloses wherein an element is vacuum-sealed within separate translucent bags, and the translucent bags are enclosed within the kit (See Fig. 1A, needle assembly 104 in a sealed translucent bag; paragraph 0051-- The blood collection tube, needle assembly 104 and holder 106 are employed by first removing the packaging cover and connecting the second tip of the needle assembly 104 in the mounting aperture in the distal end wall of the holder). However, Smith fails to disclose wherein the gauze pads, bandages, and alcohol-prep pads are enclosed within vacuum-sealed translucent bags inside of the kit.
Kang, in the same field of endeavor of a phlebotomy kit, discloses wherein components of the kit are vacuum-sealed within separate translucent bags (see images 2 and 5, which show that the components are individually wrapped and that various components may be vacuum-sealed within separate translucent bags), inside of the kit (see image 9, which shows that the sealed components may be enclosed within the kit). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Smith to utilize vacuum-sealed translucent bags for each component as disclosed by Kang in order to predictably improve the safety and hygiene of the kit by ensuring that all components are visibly new and unused within the kit. This is further supported by disclosure of Smith that the gauze pads are sterile, such that they should be individually packaged to prevent contamination prior to use.
Claim(s) 8 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anatomy Warehouse in view of Kang (“PPK: Portable Phlebotomy Kit”).
Regarding claim 8, Anatomy Warehouse discloses the portable kit of claim 7. However, Anatomy Warehouse fails to disclose wherein the blood collection tubes, and holders for the blood collection tubes are vacuum-sealed within separate translucent bags, and the translucent bags are enclosed within the kit.
Kang, in the same field of endeavor of a phlebotomy kit, discloses wherein the needles, blood collection tubes, and holders for the blood collection tubes are vacuum-sealed within separate translucent bags (see images 2 and 5, which show that the components are individually wrapped and that various components may be vacuum-sealed within separate translucent bags), and the translucent bags are enclosed within the kit (see image 9, which shows that the sealed components may be enclosed within the kit). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Anatomy Warehouse to utilize vacuum-sealed translucent bags to enclose additional components as disclosed by Kang in order to predictably improve the safety and hygiene of the kit by ensuring that all components are visibly new and unused within the kit.
Regarding claim 10, Anatomy Warehouse discloses the portable kit of claim 7. However, Anatomy Warehouse fails to disclose wherein the gauze pads, bandages, and alcohol-prep pads are enclosed within vacuum-sealed translucent bags inside of the kit.
Kang, in the same field of endeavor of a phlebotomy kit, discloses wherein components of the kit are vacuum-sealed within separate translucent bags (see images 2 and 5, which show that the components are individually wrapped and that various components may be vacuum-sealed within separate translucent bags), inside of the kit (see image 9, which shows that the sealed components may be enclosed within the kit). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Smith to utilize vacuum-sealed translucent bags for each component as disclosed by Kang in order to predictably improve the safety and hygiene of the kit by ensuring that all components are visibly new and unused within the kit. This is further supported by disclosure of Anatomy Warehouse that the gauze pads are sterile, such that they should be individually packaged to prevent contamination prior to use.
Regarding claim 11, Anatomy Warehouse discloses the portable kit of claim 1. While Anatomy Warehouse discloses that sealed packaging encloses components of the kit as noted above in this action, it is acknowledged that Anatomy Warehouse does not explicitly disclose that the sealed packaging encloses all of the components of the kit.
Kang, in the same field of endeavor of a phlebotomy kit, discloses wherein the kit comprises sealed packaging, the sealed packaging enclosing components of the kit (see image 9, which shows that the components may be enclosed within the kit which itself seals via Velcro closures). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Anatomy Warehouse to include sealed packaging to enclose all of the components of the kit as disclosed by Kang in order to predictably improve the safety and usability of the device by securely containing all of the elements of the kit within a sealing container.
Regarding claim 12, the combination of Anatomy Warehouse and Kang discloses the portable kit of claim 11. Anatomy Warehouse additionally discloses that the kit includes components selected from the group consisting of blood collection tubes (1 x Blood Sample Vacuum Tube with 3.2% Sodium Citrate Additive, Light Blue, 2 mL, 1 x Blood Sample Vacuum Tube with Serum Clot Activator, Red, 6 mL, 1 x Blood Sample Vacuum Tube with Sodium Heparin Additive, Green, 4 mL, 1 x Blood Sample Vacuum Tube, K3 EDTA, Lavender, 4 mL, 1 x Blood Sample Vacuum Tube, No Additive, White, 3 mL), needles (2 x Hypodermic Needle With Luer Lock, 18G x 1.5 in., 2 x Hypodermic Needle, 21G X 1 in., 2 x Transfer Venipuncture Needle, Color-coded Caps, 22G X 1 in., 1 x Transfer Needle With Attached Blood Collection Holder, Green, 21G x 1 in.,1 x Venipuncture “Butterfly Or Scalp” Needle With Extension Tubing And Safety Transfer Device, Blue, 23G x 0.75 in.), translucent holders for the blood collection tubes (2 x Blood Collection Holder With Luer Connection), gauze pads, bandages, alcohol-prep pads, and tourniquets, and combinations thereof (Sterile nonwoven 4-ply gauze pad, alcohol prep pads, latex-free tourniquet, fabric adhesive bandages). As Kang has been shown to disclose sealed packaging which may enclose the components of the kit, it would have been obvious to one having ordinary skill in the art at the time of filing that modifying the kit of Anatomy Warehouse to include the sealable packaging of Kang would result in the components of Anatomy Warehouse being enclosed in such a kit, which would predictably improve the safety and usability of the device by securely containing all of the elements of the kit within a sealing container.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Santos (US 20100307649 A1).
Regarding claim 13, Smith discloses the portable kit of claim 1. Smith additionally discloses the kit comprises sealed packaging (Paragraph 0060-- The bag opening may be sealed by a zip type fastener, a hook and loop fastener, slider, tap, top stop, pull tab, heat or the like). However, Smith fails to disclose the sealed packaging enclosing separately sealed multiple pockets, wherein each pocket holds at least one component of the kit.
Santos, in the same field of endeavor of a nurse’s bag for transporting medical materials, discloses a kit which comprises sealed packaging, the sealed packaging enclosing separately sealed multiple pockets, wherein each pocket holds at least one component of the kit (Zippers 14, 18, 22 are used to seal separate pockets which hold at least one component of the kit; paragraph 0005-- As can be seen on FIG. 5, both in the inside of the rear part (2a) of the body (2) as in the front part (2b) there are multiple compartments (19) of different sizes and characteristics useful for keeping in an orderly fashion each one of the different medical elements for which the bag was intended… The compartments (19) also have approximate prismatic shapes, and as if they were cases have a top lid (21) with a zipper closure (22)).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Smith to include additional, separately sealed pockets such as the one seen in Santos in order to predictably improve the ease of use of the kit by organizing each item into a separate sealed pocket so that a user may more easily find a needed item or notice when a component needs to be replenished in the kit.
Regarding claim 14, the combination of Smith and Santos discloses the portable kit of claim 13. Smith additionally discloses the kit includes components selected from the group consisting of blood collection tubes (Paragraph 0006, 0043-0044-0046—a blood collection tube comprising a pierceable septum over an open end; Blood collection tube 102), needles (Paragraph 0006, 0043, 0047-0048—a needle assembly comprising a first tip for intravenous puncture, and a second tip, for insertion into the blood collection tube through the pierceable septum; needle assembly 104), holders for the blood collection tubes (Paragraph 0006, 0043, 0049-0051—a holder for the blood collection tube; holder 106), gauze pads, bandages, alcohol-prep pads, and tourniquets, and combinations thereof (Paragraph 0006, 0043, 0052-0057—a bandage, a tourniquet, a wipe, and a sponge…a sponge 114 is surgical gauze; bandage 108, tourniquet 110, wipe 112, sponge 114). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Smith, including the components, to utilize a multiple sealed pockets to enclose the components as disclosed by Santos in order to predictably improve the ease of use of the kit by organizing each item into a separate sealed pocket so that a user may more easily find a needed item or notice when a component needs to be replenished in the kit.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anatomy Warehouse in view of Santos (US 20100307649 A1).
Regarding claim 13, Anatomy Warehouse discloses the portable kit of claim 1. However, Anatomy Warehouse fails to disclose wherein the kit comprises sealed packaging, the sealed packaging enclosing separately sealed multiple pockets, wherein each pocket holds at least one component of the kit.
Santos, in the same field of endeavor of a nurse’s bag for transporting medical materials, discloses a kit which comprises sealed packaging, the sealed packaging enclosing separately sealed multiple pockets, wherein each pocket holds at least one component of the kit (Zippers 14, 18, 22 are used to seal separate pockets which hold at least one component of the kit; paragraph 0005-- As can be seen on FIG. 5, both in the inside of the rear part (2a) of the body (2) as in the front part (2b) there are multiple compartments (19) of different sizes and characteristics useful for keeping in an orderly fashion each one of the different medical elements for which the bag was intended… The compartments (19) also have approximate prismatic shapes, and as if they were cases have a top lid (21) with a zipper closure (22)).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Anatomy Warehouse to utilize a carrying case such as the one seen in Santos in order to predictably improve the ease of use of the kit by organizing each item into a separate sealed pocket so that a user may more easily find a needed item or notice when a component needs to be replenished in the kit.
Regarding claim 14, the combination of Anatomy Warehouse and Santos discloses the portable kit of claim 13. Anatomy Warehouse additionally discloses wherein the components of the kit are selected from the group consisting of blood collection tubes (1 x Blood Sample Vacuum Tube with 3.2% Sodium Citrate Additive, Light Blue, 2 mL, 1 x Blood Sample Vacuum Tube with Serum Clot Activator, Red, 6 mL, 1 x Blood Sample Vacuum Tube with Sodium Heparin Additive, Green, 4 mL, 1 x Blood Sample Vacuum Tube, K3 EDTA, Lavender, 4 mL, 1 x Blood Sample Vacuum Tube, No Additive, White, 3 mL), needles (2 x Hypodermic Needle With Luer Lock, 18G x 1.5 in., 2 x Hypodermic Needle, 21G X 1 in., 2 x Transfer Venipuncture Needle, Color-coded Caps, 22G X 1 in., 1 x Transfer Needle With Attached Blood Collection Holder, Green, 21G x 1 in.,1 x Venipuncture “Butterfly Or Scalp” Needle With Extension Tubing And Safety Transfer Device, Blue, 23G x 0.75 in.), translucent holders for the blood collection tubes (2 x Blood Collection Holder With Luer Connection), gauze pads, bandages, alcohol-prep pads, and tourniquets, and combinations thereof (Sterile nonwoven 4-ply gauze pad, alcohol prep pads, latex-free tourniquet, fabric adhesive bandages). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the kit of Anatomy Warehouse, including the components, to utilize a carrying case such as the one seen in Santos in order to predictably improve the ease of use of the kit by organizing each item into a separate sealed pocket so that a user may more easily find a needed item or notice when a component needs to be replenished in the kit.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA ROBERTS whose telephone number is (571)272-7912. The examiner can normally be reached M-F 8:30-4:30 EST.
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/ANNA ROBERTS/Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791