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 § 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)(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.
Claims 1-4, 7 and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hopper (US 2020/0278368).
Regarding claim 1, Hopper discloses a device (shown in Figs. 1-6) for collecting and storing a sample, the device comprising: a hollow cylinder (at 1 – See Fig. 5 labeled below) comprising open top end (See Fig. 5 labeled below) and open bottom end (See Fig. 5 labeled below); a top cap (at 20 - See Fig. 5 labeled below) which is detachably coupled to the top end of the cylinder to block an open top portion of the cylinder (as shown in Fig. 2), and at which a collection member (at 21) disposed in the cylinder is mounted; and a bottom cap (the bottom cap is formed by elements 3 and 4 – See Figs. 2 and 5) which is detachably coupled to the bottom end of the cylinder to block an open bottom portion of the cylinder (as shown in Fig. 5), and which stores a reagent (at 12 in Fig. 2) in a closed state, wherein the cylinder includes, at an inner peripheral surface of the bottom end thereof, an opening part (at the bottom portion of 21) protruding toward the bottom cap to open a separation membrane (seal at 7) for sealing the reagent.
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Regarding claim 2, Hopper discloses the top cap comprises: a tubular first coupling member (See Fig. 5 labeled above) having an inner peripheral surface coupled to an upper outer peripheral surface (at 29 in Fig. 5) of the cylinder; and a second coupling member (See Fig. 5 labeled above) connected in communication with the first coupling member and having a groove into which a longitudinal end of the collection member is inserted.
Regarding claim 3, Hopper discloses a protruding member (See Fig. 5 labeled above) protruding from a step formed at a connection point between the first coupling member and the second coupling member, and inserted into the open top portion of the cylinder and coming into contact with an upper inner surface of the cylinder when the first coupling member is coupled with an upper outer surface of the cylinder.
Regarding claim 4, Hopper discloses the bottom cap comprises: a storage member (See Fig. 5 labeled above) that is inserted into the open bottom portion of the cylinder (as also shown in Fig. 2) and provides an internal space where a reagent is stored; a third coupling member (at 4) provided with an outer diameter larger than an outer diameter of the storage member, and coupled to a lower outer surface of the cylinder when the storage member is inserted into the open bottom portion of the cylinder; and a separation membrane (at 7 in Fig. 5) that prevents the reagent stored in the storage member from leaking to the outside from the internal space.
Regarding claim 7, Hopper discloses the opening part comprises: a horizontal frame (at 22) that protrudes from the inner peripheral surface of the bottom end of the cylinder toward a central axis of the cylinder; a vertical frame (lower portion of 22 that engages 54) that is integrally connected to the horizontal frame and protrudes in a direction in which the storage member is disposed; and a blade member (at 26) provided at a bottom end of the vertical frame (as shown in Fig. 9).
Regarding claim 10, Hopper discloses the first coupling member of the top cap and the third coupling member of the bottom cap are respectively screw-coupled to the upper outer peripheral surface of the cylinder and a lower outer peripheral surface of the cylinder.
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.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hopper (US 2020/0278368) as applied to claim 4 above, in view of Nason (US 5,238,649) and Fuller (US 2006/0147249). As described above, Hopper discloses the claimed invention except for the specifics of the storage member. However, Nason teaches a specimen container (at 30 in Fig. 24) comprising a bottom storage member (at 33 in Fig. 24) having a discharge hole (at 37) for discharging liquid stored in the internal space to the outside, and an opening/closing member (at 21), which has a flat bottom, wherein the opening/closing member is for the purpose of dispensing liquid from the storage container when desired (column 12, lines 17-20). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the storage member of Hopper with a discharge hole and opening/closing member as taught by Nason in order to allow contents to be dispensed, if desired.
Further regarding the specifics of the opening/closing member being rotatably connected, Fuller teaches it is well known in the art for an opening/closing member (20) to be rotatably connected (at hinge 28) to a container (15) for the purpose of allowing the opening/closing member to be conveniently opened and closed by a thumb of the user ([0027]). Therefore, 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 opening/closing member of Hopper-Nason to be rotatably connected as taught by Fuller in order to allow for more convenient opening/closing.
Allowable Subject Matter
Claims 8-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735