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Claim 13 remains withdrawn from further consideration as being drawn to a non-elected invention or species.
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) 1-2, 5, 7, 12 and 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ramkhelawan et al. (2014/0216966) of record. Ramkhelawan discloses all of the features of the claims. That is, the claimed tub reads on tray bottom 220 in Fig 5.2.1. (see also [0097] in Ramkhelawan) since tray bottom 220 has all of the structural elements of the claims and meets all of the claimed functions. Thus, for example:
The Ramkhelawan tub can store some medical containers as functionally required in line 1 of claim 1;
The claimed bottom wall can be bottom 226 and the claimed sidewalls can be side walls 222, 223, 224 and 225. As should be evident from the reference disclosure, the bottom wall comprises a plurality of apertures 240 therethrough as required in claim 1 line 2.
The claimed unapertured surface can be the surface at the end of the lead line from numeral 226 in Fig 5.2.1 that does not have any of the apertures 240 therein, and forms a narrow strip extending laterally across the bottom wall as depicted in the figure. Thus, the claimed first plurality of apertures can be all of the apertures 240 on one side of the unapertured surface, or some of the apertures on one side of the unapertured surface, such as apertures close to sidewall 225 in the figure. Accordingly, the second plurality of apertures can be all of the apertures 240 on the other side of the unapertured surface, or some of the apertures on the other side of the unapertured surface, such as apertures close to sidewall 223 in the figure.
The features of claim 12 are clearly shown in Fig 5.2.1, particularly since the reference disclosure includes not having the identifying legend 231 as depicted in the drawing. See also [0102] lines 2-3, for example.
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) 3, 8-11 and 18-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramkhelawan. The reference may not disclose the features of these claims. However, the prior art of record shows that the missing features are per se conventional or well within the level of skill of one of ordinary skill in the relevant art to provide.
For example, note the commentary in the last two Office actions relative to several ones of the prior art of record and features of the claims previously presented for examination. Applicant is reminded that Hutterer et al. (2022/0371807), the previous base reference clearly discloses sterilization holes covered by porous material such as Tyvek.
In another example, Berry et al. discloses that a container having apertures for sterilization in a bottom wall thereof can also have a continuous flange at the top edges of sidewalls forming an open top of the container. Note, for example, instant application claim 3. Even with the presence of a container top or lid, the artisan would still know how to construct container walls to have a continuous flange thereon, as shown in Caliente.
In yet another example, see Sixto for sterilization holes of different sizes and shapes. See also the references of record for different arrangements and shapes of sterilization holes in containers. The examiner notes that clearly, there are even more such arrangements and shapes of sterilization holes not cited in the subject application, given that there are many many more containers having sterilization holes therein than can be cited in a single patent application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB K ACKUN whose telephone number is (571)272-4418. The examiner can normally be reached Monday-Thursday 11am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB K ACKUN/Primary Examiner, Art Unit 3736