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 .
FINAL ACTION
Response to Amendment
The amendment filed on 6/12/2026 has been received and claims 1-20 are pending.
The amendment to the claims filed on 6/12/2026 does not comply with the requirements of 37 CFR 1.121(c) because withdrawn claims do not have correct status identifier. Amendments to the claims filed on or after July 30, 2003 must comply with 37 CFR 1.121(c) which states:
(c) Claims. Amendments to a claim must be made by rewriting the entire claim with all changes (e.g., additions and deletions) as indicated in this subsection, except when the claim is being canceled. Each amendment document that includes a change to an existing claim, cancellation of an existing claim or addition of a new claim, must include a complete listing of all claims ever presented, including the text of all pending and withdrawn claims, in the application. The claim listing, including the text of the claims, in the amendment document will serve to replace all prior versions of the claims, in the application. In the claim listing, the status of every claim must be indicated after its claim number by using one of the following identifiers in a parenthetical expression: (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), and (Not entered).
(1) Claim listing. All of the claims presented in a claim listing shall be presented in ascending numerical order. Consecutive claims having the same status of “canceled” or “not entered” may be aggregated into one statement (e.g., Claims 1–5 (canceled)). The claim listing shall commence on a separate sheet of the amendment document and the sheet(s) that contain the text of any part of the claims shall not contain any other part of the amendment.
(2) When claim text with markings is required. All claims being currently amended in an amendment paper shall be presented in the claim listing, indicate a status of “currently amended,” and be submitted with markings to indicate the changes that have been made relative to the immediate prior version of the claims. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived. Only claims having the status of “currently amended,” or “withdrawn” if also being amended, shall include markings. If a withdrawn claim is currently amended, its status in the claim listing may be identified as “withdrawn—currently amended.”
(3) When claim text in clean version is required. The text of all pending claims not being currently amended shall be presented in the claim listing in clean version, i.e., without any markings in the presentation of text. The presentation of a clean version of any claim having the status of “original,” “withdrawn” or “previously presented” will constitute an assertion that it has not been changed relative to the immediate prior version, except to omit markings that may have been present in the immediate prior version of the claims of the status of “withdrawn” or “previously presented.” Any claim added by amendment must be indicated with the status of “new” and presented in clean version, i.e., without any underlining.
(4) When claim text shall not be presented; canceling a claim.
(i) No claim text shall be presented for any claim in the claim listing with the status of “canceled” or “not entered.”
(ii) Cancellation of a claim shall be effected by an instruction to cancel a particular claim number. Identifying the status of a claim in the claim listing as “canceled” will constitute an instruction to cancel the claim.
(5) Reinstatement of previously canceled claim. A claim which was previously canceled may be reinstated only by adding the claim as a “new” claim with a new claim number.
Election/Restrictions
Claims 6-7, 10 and 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/22/2025.
Claim Objections
Claims 8-9 are objected to because of the following informalities: in line 4 of Claim 8, delete “fluid” and insert --disinfecting solution--. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “securing members” in claim 19.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The corresponding structure(s) for the “securing members” comprises tab receiving structures 30a and 30b as discloses in Figure 1.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 12 and 14 are 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.
In Claim 12, it is not clear whether “an instrument receiving opening” in lines 3-4 is same feature as “an instrument receiving opening” in lines 5-6 of the parent claim 1.
In Claim 12, it is not clear “a first end” in line 4 is attempting to set forth the same or a different configuration than “a first end” as set forth in the parent claim 1.
In Claim 14, it is not clear “a first end” in line 2 is attempting to set forth the same or a different configuration than “a first end” as set forth in the parent 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.
Claim(s) 1, 12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carter (5683655).
As to Claim 1, Carter (‘655) discloses an apparatus (1) (see Figures 1-7) for cleaning an object capable of being a medical instrument comprising:
a housing (2; 4) having a first end (i.e. where 7 rests on top of 4; 22) and a second end (50; 18);
a sponge (3) that is adapted to be received within (i.e. 20) said housing (2), wherein said sponge (3) includes an instrument receiving opening (i.e. 17 facing/contacting 16, 23) extending from a first end (i.e. end/side facing/contacting 16, 23) to a second end (i.e. end/side facing/contacting 18, 19) of said sponge (3) along a longitudinal axis of said sponge (see Figures 3 and 5B-5C);
an entrance lid (14; 7) that is removably carried by said first end of said housing (2; 4) (see Figures 1-7);
an insertion opening (16; 8, 9) defined in said entrance lid (14, 7), said insertion opening (16) being adapted to receive a medical instrument so that at least a portion of the medical instrument may be inserted into said insertion opening (16) and contact said sponge (3) (see Figures 2-3, 5B-5C and 5E);
a bottom (6; 11) that is removably carried by said second end (18; 50) of said housing (2; 4), wherein said bottom (6, 11) is adapted to store (vis within 6; 53) a disinfecting solution (5) (see entire document, particularly Col. 5 lines 55-57, Col. 6 lines 55-60); and
a transfer opening (19) defined in said second end (18) of said housing (2), whereby when said bottom (6; 11, 53) is secured to said second end (18), said bottom (6; 11, 53) is in fluid communication with said housing (2) (see entire document, particularly Col. 5 lines 55-57, Col. 6 lines 55-60), and wherein said transfer opening (19) capable of allowing the medical instrument to pass through said sponge (3) and into said bottom (6; 11, 53) to contact the disinfecting solution (5) stored therein (see Figures 1-7).
As to Claim 12, Carter (‘655) discloses that the sponge (3) includes a disinfectant (see entire document, particularly Col. 4 lines 47-50) and is arrange so that when the medical instrument enters said housing (2) through said entrance lid (14), the medical instrument passes through an instrument receiving opening (i.e. 17 facing/contacting 16, 23) defined in the first end (i.e. end/side facing/contacting 16, 23) of said sponge (3) and the medical device contacts said disinfectant (5) (see Figures 5A-5D).
As to Claim 14, Carter (‘655) discloses that the instrument receiving opening (i.e. 17 facing/contacting 16, 23) defined in the first end (i.e. end/side facing/contacting 16, 23) of said sponge (3) extends generally parallel to a longitudinal axis of said sponge (3) (see entire document, particularly Figure 3, Col. 4 lines 44-47).
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.
Claim(s) 1-5, 8-9, 11-12, 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Shaw (20110064512) in view of Chiu (20170232121) or Price (6142297) and Hirst (20110146012).
As to Claim 1, Shaw (‘512) discloses an apparatus (200) for cleaning a medical instrument (see entire document, particularly Figures 28-34 and 36-46, Abstract) comprising:
a housing (202) having a first end (i.e. at 205 and 208) and a second end (i.e. where 212 is connected to 202) (see entire document, particularly Figures 28-34);
a sponge (204) that is adapted to be received within said housing (202) (see Figures 29 and 33-34);
an entrance lid (206) that is removably carried by said first end (i.e. at 205 and 208) of said housing (202) (see Figure 29);
an insertion opening (205) being adapted to receive a medical instrument so that at least a portion of the medical instrument may be inserted into said insertion opening (205) and contact said sponge (204) (see entire document, particularly Figures 29-34 and 46, Abstract);
a bottom (212) that is removably carried by said second end (i.e. where 212 is connected to 202) of said housing (202) (see Figures 32-34), wherein said bottom (212) is adapted to store a disinfecting solution (220) (see Figures 32 and 34); and
a transfer opening (i.e. end where 222 and 224 are located) defined in said second end (i.e. where 212 is connected to 202) of said housing (202), whereby when said bottom (212) is secured to said second end (i.e. where 212 is connected to 202), said bottom (212) is in fluid communication (via 214) with said housing (202) (see Figures 32-34).
Shaw (‘512) does not appear to specifically teach that the insertion opening is defined in said entrance lid, or that the sponge includes an instrument receiving opening extending from a first end to a second end of said sponge along a longitudinal axis of said sponge, or that the transfer opening allows the medical instrument to pass through said sponge and into said bottom to contact the disinfecting solution stored therein.
As to the limitation that the insertion opening is defined in said entrance lid, it was known in the art before the effective filing date of the claimed invention to provide an insertion opening in an entrance lid of an apparatus for cleaning an instrument.
Chiu (‘121) discloses an apparatus (100) for cleaning a medical instrument (200; 210) (see entire document, particularly Figures 1-43) comprising:
a housing (20) having a first end (i.e. at 22) and a second end (i.e. at the opposite side of 22);
a sponge (50) that is adapted to be received within said housing (20) (see Figures 26A-26B, 29A-29C, and 35);
an entrance lid (30) that is removably carried by said first end (i.e. at 22) of said housing (20) (see Figure 35, p. 3 [0049]); and
an insertion opening (via 33) defined in said entrance lid (30), said insertion opening (via 33) being adapted to receive a medical instrument (200; 210) so that at least a portion of the medical instrument (200; 210) may be inserted into said insertion opening (via 33) and contact said sponge (50) (see entire document, particularly Figures 35-43, p. 2 [0048]);
in order to protect the interior of the housing from the external environment or contaminants prior to use as well as to be a static seal when the medical device is inserted into the apparatus so as to prevent leakage (see entire document, particularly Figures 35-43, p. 2 [0044] – lines 11-14, p. 3 [0051]-[0052]).
Price (‘297) also discloses an apparatus (30) for cleaning a medical instrument (6) (see Figure 1) comprising:
a housing (34) having a first end (42) and a second end (46);
a sanitizing medium (52) that is adapted to be received within said housing (34) (see Figure 1);
an entrance lid (60) that is removably carried by said first end of (42) said housing (34) (see Figures 1-4); and
an insertion opening (78) defined in said entrance lid (60), said insertion opening (78) being adapted to receive a medical instrument (6) so that at least a portion (16, 20) of the medical instrument (6) may be inserted into said insertion opening (78) and contact said sanitizing medium (52) (see Figures 1-2);
in order to allow insertion of the medical instrument for cleaning and to substantially seal the sanitizing medium within the apparatus (see entire document, particularly Figures 1-2, Col. 3 lines 8-9 and 11-14).
It would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to provide an insertion opening in the entrance lid of the apparatus of Shaw as a known configuration in order to allow insertion of medical instruments for cleaning but ensure that any sanitizing medium remains substantially within the apparatus as shown by Chiu or Price.
As to the limitations that that the sponge includes an instrument receiving opening extending from a first end to a second end of said sponge along a longitudinal axis of said sponge and that the transfer opening allows the medical instrument to pass through said sponge and into said bottom to contact the disinfecting solution stored therein, it was known in the art before the effective filing date of the claimed invention to provide a sponge having an instrument receiving opening that extends from a first end to a second end of said sponge along a longitudinal axis of the sponge. Hirst (‘012) discloses an apparatus (100) for cleaning an elongate object/instrument (150) (see Figures 1-4) comprising:
a housing (110, 111) having a first end (i.e. where 112 is connected to 111) and a second end (i.e. where 113 is connected to 111);
a sponge (131 – 131a, 131b) that is adapted to be received within said housing (111) (see Figures 2-3B), wherein the sponge (131 – 131a, 131b) includes an instrument receiving opening (123a) extending from a first end (i.e. end where 132a is located) to a second end (i.e. end opposite where 132b is located and adjacent 113/115) of said sponge (131 – 131a, 131b) along a longitudinal axis of said sponge (131 – 131a, 131b) (sese Figures 2-3B);
an entrance lid (112) that is removably carried by said first end (i.e. where 112 is connected to 111) of said housing (111);
an insertion opening (114) defined in said entrance lid (112), said insertion opening (114) being adapted to receive an elongate object (150) capable of being a medical instrument so that at least a portion of the elongate object/medical instrument (150) may be inserted into said insertion opening (114) and contact said sponge (131 – 131a, 131b) (see Figures 3a-3b);
a bottom (113) that is removably carried by said second end (i.e. where 113 is connected to 111) of said housing (111) (see Figures 1-4);
a transfer opening (i.e. at the bottom of 111) defined in said second end (i.e. where 113 is connected to 111) of said housing (111) (see Figures 2-3B), whereby when said bottom (113) is secured to said second end, said bottom (113) is in fluid communication with said housing (110, 111) (see Figures 2-3B), and wherein said transfer opening (i.e. at the bottom of 111) allows the medical instrument to pass through said sponge (131 – 131a, 131b) and into said bottom (113) capable to contact the disinfecting solution stored therein (see Figures 1-4); and
a handle (120) disposed on an outer surface of said housing (110, 111) for carrying or positioning said housing (110, 111) (see Figures 1-2 and 4),
wherein said sponge (131 – 131a, 131b) includes a disinfectant (140) and is arranged so that when the elongate object/medical instrument (150) enters said housing (111) through said entrance lid (112), the elongate object/medical instrument (150) passes through an instrument receiving opening (132a) defined in a first end of said sponge (131) and the elongate object/medical instrument (150) contacts said disinfectant (140) (see Figures 3A-3B);
in order to treat the entire length of the object/medical instrument (see Figures 3A-3B).
It would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to provide a sponge that includes an instrument receiving opening extending from a first end to a second end of said sponge along a longitudinal axis of said sponge and a transfer opening allows the medical instrument to pass through said sponge and into said bottom in the apparatus of Shaw as modified by Chiu or Price as a known alternate configuration in order to treat an entire length of an object capable of being a handheld medical instrument as shown by Hirst.
As to Claim 2, while Shaw (‘512) appears to teach that the apparatus (200) further comprises a seal (216) that is removably carried by the bottom (212) so that said seal (216) prevents movement of the fluid (220) from said bottom (212) into said housing (202) when said seal (216) is covering said transfer opening (i.e. where 222 and 224 are positioned) (see Figures 32 and 36), Shaw (‘512) does not appear to specifically teach that the seal (216) is removably carried by said second end (i.e. where 212 is connected to 202) of said housing (202). However, as Shaw (‘512) also discloses an embodiment where a seal (270; 314) is removably carried by a housing (252) at a second end (i.e. at 264; at the end of 308) (see Figures 37-46) in order to provide a flow of disinfectant when desired and so that the seal prevents a flow of disinfectant from said bottom into said housing when said seal is covering said transfer opening (see Figures 37-46), it would have been obvious to and well within the purview of one of ordinary skill in the art before the effective filing date of the claimed invention to provide a seal that is removably carried by said second end of said housing as a known alternate configuration in the apparatus of Shaw as modified by Chiu or Price in order to provide a flow of disinfectant when desired and so that the seal prevents a flow of disinfectant from said bottom into said housing when said seal is covering said transfer opening as shown by Shaw.
As to Claim 3, Shaw (‘512) discloses that the seal (216; 270; 314) includes a closed position (see Figures 32, 38-39 and 44-45) and an open position (see Figures 33 and 46), wherein said closed position inhibits movement of the fluid (220; 274; 316) between said bottom and said housing (202; 256; 302) and said open position allows the movement of the fluid between said bottom (212; 254; 304) into said housing (202; 256; 302) (see Figures 32-33, 38-39 and 44-46).
As to Claim 4, the seal (216; 270; 314) of Shaw (‘512) is placed in said open position when an elongate object/medical instrument is inserted into said transfer opening (see Figures 44-46).
As to Claim 5, the seal (216; 270; 314) of Shaw (‘512) is capable of being placed in said open position when an elongate object/medical instrument is inserted (via 228; 264) into said seal (216; 270; 314) (see Figures 32-34 and 46).
As to Claims 8-9, while neither Shaw (‘512) or Chiu (‘121) nor Price (‘297) appears to specifically teach a valve flap is the closure/openable means located at or adjacent said transfer opening and allows access/flow into/out of said bottom rather than the seal/plug/stopper that is capable of being placed into an opened position when the medical device is inserted into said transfer opening (see Figure 46), it would have been obvious to and well within the purview of one of ordinary skill in the art before the effective filing date of the claimed invention to provide a different type of closure such as a valve flap instead of the seal/stopper disclosed by Shaw in the apparatus of Shaw as modified by Chiu or Price as a known alternate closure/access means in order to allow on-demand access to the fluid within the bottom for sterilization of an instrument. Only the expected results would be attained.
As to Claim 11, Shaw (‘512) discloses that the seal (314) carried by said second end (i.e. at the end of 308) of said housing (302), wherein said seal (314) includes having a first inner diameter (i.e. diameter of the larger portion/end of 314 which contacts 316 in Figures 44-45) adapted to receive/capable of receiving a medical device so that said medical device may pass through said second end (i.e. at the end of 308) of said housing (302) into said bottom (304) and said seal (314) further includes a flange (i.e. shoulder/shelf formed by smaller end portion of 314) carried by an inner wall of said seal (314), said flange (i.e. shoulder/shelf formed by smaller end portion of 314) having a second inner diameter (i.e. diameter of the smaller portion/at the connection between the larger and smaller portions of 314) that is smaller than said first inner diameter (i.e. diameter of the larger portion/end of 314 which contacts 316 in Figures 44-45).
As to Claim 12, Shaw (‘512) as modified by Chiu (‘121) or Price (‘297) discloses that the sponge (204) includes a disinfectant (220) and is arranged so that when a medical instrument (152; 194; 328) enters said housing (202) through said entrance lid, the medical instrument passes through an instrument receiving opening defined in a first end of said sponge and the medical device contacts said disinfectant (see entire document, particularly Figure 46, p. 7 [0106] – 5th – 13th lines from the bottom).
As to Claim 14, Shaw (‘512) discloses that the instrument receiving opening (i.e. slit in 204) defined in said first end of said sponge (204) extends generally parallel to a second end of said sponge (see Figures 29 and 33-34).
As to Claim 15, while Shaw (‘512) discloses that the bottom (212) includes a first means (214) that is adapted to engage a second means (222, 224) that is includes on said second end (i.e. where 212 is connected to 202) of said housing (202) so that said bottom (212) can be removably secured (see Figures 29 and 32-34), neither Shaw (‘512) or Chiu (‘121) nor Price (‘297) appears to specifically teach that the first and second means are a first set of screw threads and a second set of screw threads.
It was known in the art before the effective filing date of the claimed invention to provide a bottom that includes a first set of screw threads that are adapted to engage a second set of screw thread that is included on a second end of a housing so that the bottom can be removably secured to the housing in an apparatus for cleaning an instrument/object. Hirst (‘012) discloses that the bottom (113) includes a first set of screw threads (see Figures 2-3B) that are adapted to engage a second set of screw thread that is included on a second end of the housing (111) so that the bottom (113) can be removably secured to the housing (111) (see entire document, particularly Figures 2-3B, p. 2 [0020] – lines 7-11), in order to attach the bottom to the housing (see Figures 1-2).
It would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to provide a first set of screw threads and a second set of screw threads as a known alternate configuration of an attachment/connection means in the apparatus of Shaw as modified by Chiu or Price in order to attach and connect a bottom to the housing as shown by Hirst.
As to Claim 16, Price (‘297) discloses that the apparatus (30) further comprises a handle (120) disposed on an outer surface (38) of said housing (34) for carrying or positioning said housing (34).
Thus, Claims 1-5, 8-9, 11-12, 14 and 14-16 would have been obvious within the meaning of 35 U.S.C. 103 over the combined teachings of Shaw (‘512), Chiu ('121) or Price (‘297), and Hirst (‘012).
Allowable Subject Matter
Claims 17-20 are allowed.
The following is an examiner’s statement of reasons for allowance: the primary reason for allowance of the claims is due to inclusion of limitation “a valve flap …automatically returns to said closed position when the medical instrument is removed” in claim 17 and “a handle that is removably carried by said housing, wherein said handle includes connection tabs that are adapted to be received and engaged by corresponding securing members carried by said outer surface of said housing” in claim 19. None of prior art of record such as Shaw (20110064512), Chiu (20170232121), Price (6142297) and Hirst (20110146012) specifically teach a valve flap that is operable to be opened and closed automatically when the medial instrument is inserted/removed nor a handle that includes connection tabs that are adapted to be received and engaged by corresponding securing members carried by an outer surface of a housing. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an apparatus for cleaning a medical instrument comprised of components in the configuration as set forth in the claims, particularly “a valve flap disposed at said transfer opening, wherein said valve flap has an opened position and a closed position, wherein said closed position prevents movement of the disinfecting solution from said bottom into said housing, and wherein said valve flap is placed into said opened position when the medical instrument is inserted through said transfer opening and automatically returns to said closed position when the medical instrument is removed” or “a handle that is removably carried by said housing, wherein said handle includes connection tabs that are adapted to be received and engaged by corresponding securing members carried by said outer surface of said housing”.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on the same/same combination of reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 REGINA M YOO whose telephone number is (571)272-6690. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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.
/REGINA M YOO/ Primary Examiner, Art Unit 1758
Prosecution Insights