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 Status
Claims 1-18 are pending with claims 1-18 being examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/08/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
As to the claim amendments and remarks filed on 05/08/2026, Examiner has found applicant’s arguments persuasive.
The claim objection is withdrawn. Applicant amended claim 5 to correct the deficiency.
The previous rejection has been modified to address the remarks and will be addressed below.
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.
Claims 1, 6-7, 14 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Schembri et al. (US20020001839 A1; hereinafter “Schembri“, previously of record) in view of Williamson IV et al. (US 20050147538 A1; hereinafter “Williamson”), further in view of Bell (US 2020064343 A1; hereinafter “Bell”, previously of record).
Regarding claim 1, Schembri teaches an assembly (Schembri; fig. 1. and [0089]-[0090] “a 1”x3” glass slide hybridization chamber”), comprising:
a sample device including a bottom portion and a top portion (Schembri; [0029] “a substrate and a cover”), wherein:
the bottom portion (Schembri; fig. 1. 2) is releasably coupled to the top portion (Schembri; [0079] teaches the cover is held together with screws);
a gap is formed between the bottom portion and the top portion when the bottom portion is coupled to the top portion, the gap configured to receive a sample substrate (Schembri; fig. 1. 1, 2, 3. Gap is area between cover 3 and base 1 for receiving substrate 2).
Schembri fails to teach the top portion includes a well and a plurality of first snap joint elements, at least a pair of the plurality of first snap joint elements arranged on the top portion substantially opposite from each other; and a lid including a cover and a skirt, wherein: the cover includes: a planar outer surface; and an inner surface separated from the planar outer surface by a thickness of the cover; and the skirt extends about a perimeter of the inner surface, wherein: the skirt and the inner surface define a recess; the skirt includes a plurality of second snap joint elements extending therefrom, at least a pair of the plurality of second snap joint elements arranged on the skirt substantially opposite from each other, wherein: when the lid engages with the sample device, the plurality of first snap joint elements engage with the plurality of second snap joint elements respectively to form a seal between the lid and a periphery of the well of the top portion.
However, Williamson teaches the analogous art of an assembly (Williamson; Title) that includes a top portion that includes a well (Williamson; fig. 1. 20) and a plurality of first snap joint elements, at least a pair of the plurality of first snap joint elements arranged on the top portion substantially opposite from each other (Williamson; fig. 9. 142a-c); and a lid (Williamson; fig. 10. 150) including a cover (Williamson; fig. 10. 150a) and a skirt (Williamson; fig. 10. 158a-b and [0039] “side edges 158a, 158b”), wherein:
the cover includes: a planar outer surface (Williamson; fig. 10. 150a and [0039), and an inner surface separated from the planar outer surface by a thickness of the cover (Williamson; fig. 9. 156); and the skirt extends about a perimeter of the inner surface (Williamson; fig. 9. 158a-b), wherein: the skirt and the inner surface define a recess (Williamson; [0039] “side edges 158a, 158b have a shallow V shape”).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s assembly to include a top portion that includes a well, and a plurality of first snap joint elements, at least a pair of the plurality of first snap joint elements arranged on the top portion substantially opposite from each other; and a lid including a cover, and a skirt, wherein the cover includes: a planar outer surface, and an inner surface separated from the planar outer surface by a thickness of the cover; and the skirt extends about a perimeter of the inner surface, wherein: the skirt and the inner surface define a recess as taught by Williamson because Williamson teaches an assembly (Williamson; Title) that includes a top portion that includes a well (Williamson; fig. 1. 20) and a plurality of first snap joint elements, at least a pair of the plurality of first snap joint elements arranged on the top portion substantially opposite from each other (Williamson; fig. 9. 142a-c); and a lid (Williamson; fig. 10. 150) including a cover (Williamson; fig. 10. 150a) and a skirt (Williamson; fig. 10. 158a-b and [0039] “side edges 158a, 158b”), wherein: the cover includes: a planar outer surface (Williamson; fig. 10. 150a and [0039), and an inner surface separated from the planar outer surface by a thickness of the cover (Williamson; fig. 9. 156); and the skirt extends about a perimeter of the inner surface (Williamson; fig. 9. 158a-b), wherein: the skirt and the inner surface define a recess (Williamson; [0039] “side edges 158a, 158b have a shallow V shape”).
The modification allows to have a re-closable container with a secured lid for holding a sample.
Schembri fails to teach the device includes a lid that includes a cover and a skirt wherein the skirt includes a plurality of second snap joint elements extending therefrom, at least a pair of the plurality of second snap joint elements arranged on the skirt substantially opposite from each other, wherein: when the lid engages with the sample device, the plurality of first snap joint elements engage with the plurality of second snap joint elements respectively to form a seal between the lid and a periphery of the well of the top portion.
However, Bell teaches the analogous art of an assembly (Bell; fig. 1. 100) that includes a device (Bell; fig. 1. 100) wherein the device includes a lid (Bell; fig. 1. 110) including a cover (Bell; fig. 120) and a skirt (Bell; fig. 1. 128) the skirt includes a plurality of second snap joint elements extending therefrom, at least a pair of the plurality of second snap joint elements arranged on the skirt substantially opposite from each other (Bell; fig. 1. 128), wherein: when the lid engages with the sample device, the plurality of first snap joint elements engage with the plurality of second snap joint elements respectively to form a seal between the lid and a periphery of the well of the top portion (Bell; fig. 2. 200, 210, 250 and [0033]).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s device to include a lid that includes a cover and a skirt wherein the skirt includes a plurality of second snap joint elements extending therefrom, at least a pair of the plurality of second snap joint elements arranged on the skirt substantially opposite from each other, wherein: when the lid engages with the sample device, the plurality of first snap joint elements engage with the plurality of second snap joint elements respectively to form a seal between the lid and a periphery of the well of the top portion as taught by Bell because Bell teaches an assembly (Bell; fig. 1. 100) that includes a device (Bell; fig. 1. 100) wherein the device includes a lid (Bell; fig. 1. 110) including a cover (Bell; fig. 120) and a skirt (Bell; fig. 1. 128) the skirt includes a plurality of second snap joint elements extending therefrom, at least a pair of the plurality of second snap joint elements arranged on the skirt substantially opposite from each other (Bell; fig. 1. 128), wherein: when the lid engages with the sample device, the plurality of first snap joint elements engage with the plurality of second snap joint elements respectively to form a seal between the lid and a periphery of the well of the top portion (Bell; fig. 2. 200, 210, 250 and [0033]).
This allows to have a removable and secure top cover and lid.
Regarding claim 6, modified Schembri teaches the assembly of claim 1 (see above) to include a sample device (see above).
Modified Schembri fails to teach the sample device includes a plurality of second snap joint elements includes a cantilevered clip and one of the plurality of first snap joint elements includes an aperture or a recess configured to receive the cantilevered clip when the lid is engaged with the sample device.
However, Bell teaches the analogous art of an assembly (Bell; fig. 1. 100) that includes a plurality of second snap joint elements (Bell; fig. 1. 128) wherein one of the plurality of second snap joint elements includes a cantilevered clip and one of the plurality of first snap joint elements includes an aperture or a recess configured to receive the cantilevered clip when the lid is engaged with the sample device (Bell; fig. 1. 128, 156).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s sample device to include a cantilevered clip and one of the plurality of first snap joint elements includes an aperture or a recess configured to receive the cantilevered clip when the lid is engaged with the sample device as taught by Bell because Bell teaches an assembly (Bell; fig. 1. 100) that includes a plurality of second snap joint elements (Bell; fig. 1. 128) wherein one of the plurality of second snap joint elements includes a cantilevered clip and one of the plurality of first snap joint elements includes an aperture or a recess configured to receive the cantilevered clip when the lid is engaged with the sample device (Bell; fig. 1. 128, 156).
This would allow engagement between the first and second snap joint elements.
Regarding claim 7, modified Schembri teaches the assembly of claim 1 (see above) to include a skirt (see above).
Modified Schembri fails to teach the skirt extends about the perimeter of the inner surface at an angle that is greater than 90°.
However, Bell teaches the analogous art of an assembly (Bell; fig. 1. 100) that includes a lid (Bell; fig. 1. 112) including a cover (Bell; fig. 1. 110) and a skirt (Bell; periphery around cover 120) wherein the skirt extends about the perimeter of the inner surface at an angle that is greater than 90° (Bell; fig. 1. 120 periphery around cover 120 appears to be at an angle of 90° or more).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s skirt to extend about the perimeter of the inner surface at an angle that is greater than 90° as taught by Bell because Bell teaches an assembly (Bell; fig. 1. 100) that includes a lid (Bell; fig. 1. 112) including a cover (Bell; fig. 1. 110) and a skirt (Bell; periphery around cover 120) wherein the skirt extends about the perimeter of the inner surface at an angle that is greater than 90° (Bell; periphery around cover 120 appears to be at an angle of 90° or more).
This would allow for the skirt to cover the perimeter of the substrate.
Regarding claim 14, Schembri teaches the assembly of claim 1 (see above) to include a plurality of snap joint elements (see above).
Modified Schembri fails to teach wherein the plurality of second snap joint elements include three cantilevered clips, two of which are located on one side of the skirt and the other of which is located on an opposite side of the skirt.
However, Bell teaches the analogous art of an assembly (Bell; fig. 1. 100) that includes second snap joint elements (Bell; fig. 1. 128) wherein the plurality of second snap joint elements include three cantilevered clips, two of which are located on one side of the skirt and the other of which is located on an opposite side of the skirt (Bell; fig. 1. 128).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s plurality of snap joint elements to include three cantilevered clips, two of which are located on one side of the skirt and the other of which is located on an opposite side of the skirt as taught by Bell because Bell teaches an assembly (Bell; fig. 1. 100) that includes second snap joint elements (Bell; fig. 1. 128) wherein the plurality of second snap joint elements include three cantilevered clips, two of which are located on one side of the skirt and the other of which is located on an opposite side of the skirt (Bell; fig. 1. 128).
This cantilevered clips on the second snap joint elements would allow engagement with the first snap joint elements.
Regarding claim 17, Schembri teaches the assembly of claim 1 (see above) to include a lid (see above).
Modified Schembri fails to teach wherein the lid is made from a polyethylene material, a polyurethane material, a polyethylene terephthalate material, a polystyrene material, a polycarbonate material, a polypropylene material, or a combination thereof.
However, Bell teaches the analogous art of an assembly (Bell; fig. 1. 100) that includes a lid (Bell; fig. 1. 112) including a cover (Bell; fig. 1. 110). Examiner will interpret Bells lid and cover as a one part detachable portion, wherein the lid is made from a polyethylene material, a polyurethane material, a polyethylene terephthalate material, a polystyrene material, a polycarbonate material, a polypropylene material, or a combination thereof (Bell; [0027] “the test strip cover and any components of each may be constructed of plastic”).
Plastic is well known in the art to be made from a polyethylene material, a polyurethane material, a polyethylene terephthalate material, a polystyrene material, a polycarbonate material, a polypropylene material, or a combination thereof.
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s lid to be made from a polyethylene material, a polyurethane material, a polyethylene terephthalate material, a polystyrene material, a polycarbonate material, a polypropylene material, or a combination thereof as taught by Bell because Bell teaches an assembly (Bell; fig. 1. 100) that includes a lid (Bell; fig. 1. 112) including a cover (Bell; fig. 1. 110).
Examiner will interpret Bells lid and cover as a one part detachable portion, wherein the lid is made from a polyethylene material, a polyurethane material, a polyethylene terephthalate material, a polystyrene material, a polycarbonate material, a polypropylene material, or a combination thereof (Bell; [0027] “the test strip cover and any components of each may be constructed of plastic”).
This allows for material cost-effectiveness and mass production.
Regarding claim 18, modified Schembri teaches the assembly of claim 1 (see above), wherein the sample substrate is a glass slide (Schembri; [0060]).
Claims 2-4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Schembri et al. (US20020001839 A1; hereinafter “Schembri“, previously of record) in view of Williamson IV et al. (US 20050147538 A1; hereinafter “Williamson”), further in view of Bell (US 2020064343 A1; hereinafter “Bell”, previously of record) as applied to claim 1 above, and Edens et al. (US 20140112845 A1; hereinafter “Edens”, previously of record).
Regarding claim 2, modified Schembri teaches the assembly of claim 1 (see above) to include a well (see above) .
Schembri fails to teach the well further comprises a gasket disposed around the periphery of the well, wherein when the lid engages with the sample device, the gasket couples with a periphery of the skirt to form the seal.
However, Edens teaches the analogous art of an assembly (Edens; fig. 28. 2800) that includes a lid (Eden; fig. 28. 2804) comprising at least one well (Eden; fig. 28. 2824) and a gasket disposed around the periphery of the well (Edens; fig. 33. 3300, 3302 and [0219] “each protrusion (well) includes an upper seal and a lower seal;”) wherein when the lid engages with the sample device, the gasket couples with a periphery of the skirt to form the seal (Edens; fig. 33. 2804, 3300, 3302).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s well to include a gasket disposed around the periphery of the well, wherein when the lid engages with the sample device, the gasket couples with a periphery of the skirt to form the seal as taught by Edens because Edens teaches an assembly (Edens; fig. 28. 2800) that includes a lid (Eden; fig. 28. 2804) comprising at least one well (Eden; fig. 28. 2824) and a gasket disposed around the periphery of the well (Edens; fig. 33. 3300, 3302 and [0219] “each protrusion (well) includes an upper seal and a lower seal;”) wherein when the lid engages with the sample device, the gasket couples with a periphery of the skirt to form the seal (Edens; fig. 33. 2804, 3300, 3302).
This would allow for a proper seal between the lid and the well.
Regarding claim 3, modified Schembri teaches the assembly of claim 2 (see above) to include at least one well (see above).
Modified Schembri fails to teach the well is defined by the sample substrate and the gasket.
However, Edens teaches the analogous art of an assembly (Edens; fig. 28. 2800) that includes a lid (Eden; fig. 28. 2804) comprising at least one well (Eden; fig. 28. 2824) and a gasket disposed around the periphery of the well (Edens; fig. 33. 3300, 3302) and tubes (substrate) (Edens; fig. 28. 210), wherein the well is defined by the sample substrate and the gasket (Edens; fig; 28. 210, 2804, 2824, and fig. 33. 2804, 2824, 3300, 3302).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s at least one well to be defined by the sample substrate and the gasket as taught by Edens because Edens teaches an assembly (Edens; fig. 28. 2800) that includes a lid (Eden; fig. 28. 2804) comprising at least one well (Eden; fig. 28. 2824) and a gasket disposed around the periphery of the well (Edens; fig. 33. 3300, 3302) and tubes (substrate) (Edens; fig. 28. 210), wherein the well is defined by the sample substrate and the gasket (Edens; fig; 28. 210, 2804, 2824, and fig. 33. 2804, 2824, 3300, 3302).
This would allow to provide a sealed enclosure to place the sample.
Applicant discloses in [0020] the “sample is deposited on a substrate” therefore, Edens’ tubes meet the limitation.
Regarding claim 4, modified Schembri teaches the assembly of claim 2 (see above) to include at least one well (see above).
Modified Schembri fails to teach the well is a sealed chamber defined by the sample substrate, the gasket, and the lid.
However, Edens teaches the analogous art of an assembly (Edens; fig. 28. 2800) that includes a lid (Eden; fig. 28. 2804) comprising at least one well (Eden; fig. 28. 2824) and a gasket disposed around the periphery of the well (Edens; fig. 33. 3300, 3302) and tubes (substrate) (Edens; fig. 28. 210), wherein the well is a sealed chamber defined by the sample substrate, the gasket and the lid (Edens; fig; 28. 210, 2804, 2824, and fig. 33. 2804, 2824, 3300, 3302).
This would allow to provide a sealed enclosure to place the sample.
Applicant discloses in [0020] the “sample is deposited on a substrate” therefore, Edens’ tubes meet the limitation.
Regarding claim 8, modified Schembri teaches the assembly of claim 1 (see above) to include a skirt (see above).
Modified Schembri fails to teach the skirt has a flange that is parallel to the planar outer surface.
However, Edens teaches the analogous art of an assembly (Edens; fig. 28. 2800) that includes a skirt (Edens; fig. 29. 2908) wherein the skirt has a flange that is parallel to the planar outer surface (Edens; fig. 29. 2910).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s skirt to include a flange that is parallel to the planar outer surface as taught by Edens because Edens teaches an assembly (Edens; fig. 28. 2800) that includes a skirt (Edens; fig. 29. 2908) wherein the skirt has a flange that is parallel to the planar outer surface (Edens; fig. 29. 2910).
This would allow to have a surface area to remove the lid.
Claims 5 and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Schembri et al. (US20020001839 A1; hereinafter “Schembri“, previously of record) in view of Williamson IV et al. (US 20050147538 A1; hereinafter “Williamson”), further in view of Bell (US 2020064343 A1; hereinafter “Bell”, previously of record) and Edens et al. (US 20140112845 A1; hereinafter “Edens”, previously of record) as applied to claims 2 and 8 above, and further in view of Curry et al. (US 20110212002 A1; hereinafter “Curry”, previously of record).
Regarding claim 5, modified Schembri teaches the assembly of any of claim 2 to include a gasket (see above).
Modified Schembri fails to teach the gasket includes an angled inner surface.
However, Curry teaches the analogous art of an assembly (Curry; [0131] (Curry ; [0131] “funnel/lid assembly”) that includes a gasket (Curry; fig. 1. 106 and [0070] “the sealing edge 106 can act as a gasket”) wherein the gasket includes an angled inner surface Curry; fig. 1. 106 the sealing edge (gasket) appears to have an angled inner surface).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s gasket to have an angled inner surface as taught by Curry because Curry teaches an assembly (Curry; [0131] (Curry ; [0131] ‘funnel/lid assembly”) that includes a gasket (Curry; fig. 1. 106 and [0070] “the sealing edge 106 can act as a gasket”) wherein the gasket includes an angled inner surface Curry; fig. 1. 106 the sealing edge (gasket) appears to have an angled inner surface).
This allows for the gasket to create a seal between the container and the lid.
Regarding claim 9, modified Schembri teaches the assembly of claim 8 (see above) to include second snap joint elements (see above).
Modified Schembri fails to teach wherein one of the plurality of second snap joint elements has a support section and a tab portion, the support section extending from the flange and having same thickness as the flange.
However, Curry teaches the analogous art of an assembly (Curry; [0131] “‘funnel/lid assembly”) that includes snap joint elements (Curry; [0130] “the securing mechanism is a snap-fit or stopper-fit”) that has a support section (Curry; fig. 4A. 30) and a tab portion (Curry; fig. 4A. 32), the support section extending from the flange and having same thickness as the flange (Curry; fig. 4A. 30).
Examiner notes that support section 30 seems to create a “flange” towards the end as illustrated in fig. 4A. 30. Therefore, Curry meets the limitation.
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s snap joint elements to have a support section and a tab portion, the support section extending from the flange and having same thickness as the flange as taught by Curry because Curry teaches an assembly (Curry; [0131] “funnel/lid assembly”) that includes snap joint elements (Curry; [0130] “the securing mechanism is a snap-fit or stopper-fit”) that has a support section (Curry; fig. 4A. 30) and a tab portion (Curry; fig. 4A. 32), the support section extending from the flange and having same thickness as the flange (Curry; fig. 4A. 30).
This allows to remove (un-snap) the lid when using the assembly to apply sample.
Regarding claim 10, modified Schembri teaches the assembly of claim 9 (see above) to include a tab portion (see above).
Modified Schembri fails to teach the tab portion includes a first part and a second part that are angled at less than 90° and at greater than 90°, respectively, relative to the flange.
However, Curry teaches the analogous art of an assembly (Curry; [0131] “‘funnel/lid assembly”) that includes a first part and a second part (Curry; fig. 4A. 30 upper section is first part and lower section is second part) wherein the first part and second part are angled at less than 90° and at greater than 90°, respectively, relative to the flange (Curry; fig. 4A. 30 illustrates what appears to be a first part and second part angled at less than 90° and at greater than 90°respectively).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s tab portion to includes a first part and a second part that are angled at less than 90° and at greater than 90°, respectively, relative to the flange as taught by Curry because Curry teaches an assembly (Curry; [0131] “‘funnel/lid assembly”) that includes a first part and a second part (Curry; fig. 4A. 30 upper section is first part and lower section is second part) wherein the first part and second part are angled at less than 90° and at greater than 90°, respectively, relative to the flange (Curry; fig. 4A. 30 illustrates what appears to be a first part and second part angled at less than 90° and at greater than 90°respectively).
This allows to have a counter pressure mechanism.
Regarding claim 11, modified Schembri teaches the assembly of claim 10 (see above) to include a first part (see above).
Modified Schembri fails to teach the first part is angled at greater than about 75° relative to the flange.
However, Curry teaches the analogous art of an assembly (Curry; [0131] “‘funnel/lid assembly”) that includes a first part (Curry; fig. 4A. 30 upper section is first part) wherein the first part is angled at greater than about 75° relative to the flange (Curry; fig. 4A. 30 upper section appears to be angled at greater than about 75° relative to the flange).
This allows leverage to the tab portion.
Regarding claim 12, modified Schembri teaches the assembly of claim 9 (see above) to include a first tab portion (see above).
Modified Schembri fails to teach the first part of the tab portion includes a locking lip at an end of the first part that is distal to the support section, the locking lip extending towards the cover.
However, Curry teaches the analogous art of an assembly (Curry; [0131] “‘funnel/lid assembly”) that includes a first part of the tab portion (Curry; fig. 4A. 30 upper section) wherein the first part of the tab portion includes a locking lip at an end of the first part that is distal to the support section, the locking lip extending towards the cover (Curry; fig. 4A. 34).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s first tab portion to include a locking lip at an end of the first part that is distal to the support section, the locking lip extending towards the cover as taught by Curry because Curry teaches an assembly (Curry; [0131] “‘funnel/lid assembly”) that includes a first part of the tab portion (Curry; fig. 4A. 30 upper section) wherein the first part of the tab portion includes a locking lip at an end of the first part that is distal to the support section, the locking lip extending towards the cover (Curry; fig. 4A. 34).
This allows to lock the lid to the bottom portion
Regarding claim 13, modified Schembri teaches the assembly of claim 9 (see above) to include a second tab portion (see above).
Modified Schembri fails to teach the second part of the tab portion includes a nob at an end of the second part that is distal to the support section, the nob extending away from the cover.
However, Curry teaches the analogous art of an assembly (Curry; [0131] “‘funnel/lid assembly”) that includes a second part (Curry; fig. 4A. 30 lower section is second part) wherein the second part of the tab portion includes a nob at an end of the second part that is distal to the support section, the nob extending away from the cover (Curry; fig. 4A. 30 illustrates wat appears to be a nob at an end of the second part that is distal to the support section, the nob extending away from the cover, and [0074] “lid comprises tab 30”).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s second tab portion to include a nob at an end of the second part that is distal to the support section, the nob extending away from the cover as taught b Curry because Curry teaches an assembly (Curry; [0131] “‘funnel/lid assembly”) that includes a second part (Curry; fig. 4A. 30 lower section is second part) wherein the second part of the tab portion includes a nob at an end of the second part that is distal to the support section, the nob extending away from the cover (Curry; fig. 4A. 30 illustrates wat appears to be a nob at an end of the second part that is distal to the support section, the nob extending away from the cover, and [0074] “lid comprises tab 30”).
This allows for adding leverage to remove the lid.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Schembri et al. (US20020001839 A1; hereinafter “Schembri”, previously of record) in view of Williamson IV et al. (US 20050147538 A1; hereinafter “Williamson”), further in view of Bell (US 2020064343 A1; hereinafter “Bell”, previously of record) as applied to claim 1 above, and further in view of Hong et al. (US 20160250632 A1; hereinafter “Hong”, previously of record).
Regarding claim 15, modified Schembri teaches the assembly of claim 1 (see above) to include a lid (see above).
Modified Schembri fails to teach the lid is formed using injection molding.
However, Hong teaches the analogous art of an assembly (Hong; [0079] “assembled device”) that includes a lid (Hong; fig. 1A. 20) wherein the lid is formed using injection molding (Hong; [0070] “the lid can be injection molded”).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Schembri’s lid to be injection molded as taught by Hong because Hong teaches an assembly (Hong; [0079] “assembled device”) that includes a lid (Hong; fig. 1A. 20) wherein the lid is formed using injection molding (Hong; [0070] “the lid can be injection molded”).
This allows for cost-effectiveness mass production.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Schembri et al. (US20020001839 A1; hereinafter “Schembri”, previously of record) in view of Williamson IV et al. (US 20050147538 A1; hereinafter “Williamson”), further in view of Bell (US 2020064343 A1; hereinafter “Bell”, previously of record) as applied to claim 1 above, and further in view of Jackson (US 20060254918 A1; hereinafter “Jackson”, previously of record).
Regarding claim 16, modified Schembri teaches the assembly of claim 1 (see above) to include a lid (see above).
Modified Schembri fails to teach the lid is made from a polyphenylsulfone material.
However, Jackson teaches the analogous art of an assembly (Jackson; fig. 1. 24), that includes base plates (Jackson; fig. 1.106) and a lid (Jackson; fig. 1. 20).
Jackson teaches the base plate, follower plate and cam are made from a polyphenylsulfone material.
It would have been obvious to manufacture the lid using a polyphenylsulfone material for cost-effectiveness mass production of the entire assembly.
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to manufacture the lid from a polyphenylsulfone material for cost-effectiveness mass production of the entire assembly.
Response to Arguments
Applicant’s arguments with respect to claims 1-4, 6-8 and 17-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on May 8, 2026 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX RAMIREZ whose telephone number is (571)272-9756. The examiner can normally be reached Monday - Friday 8:00 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Capozzi can be reached at (571) 270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.R./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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