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 .
Specification
The abstract of the disclosure is objected to because:
Line 2, replace “comprise” with “include”. Legalese style language is not permitted within the abstract.
Line 5, replace “comprise” with “include”
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
Paragraphs [0075] and [0076] appear to be smushed into one paragraph. They should be separated to make it clear that they are in fact two separate paragraphs and not just one paragraph.
Paragraphs [0079] and [0080] appear to be smushed into one paragraph. They should be separated to make it clear that they are in fact two separate paragraphs and not just one paragraph.
Appropriate correction is required.
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 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2011/0184359 (Dougherty).
Regarding Claim 1, Dougherty teaches: Claim 1 - a personal sample holder apparatus for aiding in the collection of personal samples, the personal sample holder apparatus comprising: first and second elongated arms (17 and 18) pivotally coupled to one another by a pivot joint (21) to permit relative pivotal movement between the first and second arms (17 and 18) about a pivot axis; a sample collection vessel holder (24) located at a sample-collection location of the second arm (17), the sample-collection location spaced apart from the pivot joint (21); wherein the pivot joint (21) is lockable at a plurality of discrete locking configurations to prevent relative pivotal movement between the first and second arms (17 and 18) under application of forces associated with personal sample collection and each of the plurality of discrete locking configurations is at a corresponding relative angular orientation between the first and second arms (17 and 18), (Figures 1-4).
Claim(s) 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4,374,600 (van Zelm).
Regarding Claims 1 and 3, van Zelm teaches: Claim 1 - a personal sample holder apparatus for aiding in the collection of personal samples, the personal sample holder apparatus comprising: first and second elongated arms (32 and 42) pivotally coupled to one another by a pivot joint (37) to permit relative pivotal movement between the first and second arms (32 and 42) about a pivot axis; a sample collection vessel holder (20) located at a sample-collection location of the second arm (32), the sample-collection location spaced apart from the pivot joint (37); wherein the pivot joint (37) is lockable at a plurality of discrete locking configurations to prevent relative pivotal movement between the first and second arms (32 and 42) under application of forces associated with personal sample collection and each of the plurality of discrete locking configurations is at a corresponding relative angular orientation between the first and second arms (32 and 42), (Figures 1-7); Claim 3 - wherein the pivot joint (37) comprises a first plate (72), wherein there is physical interaction between the first plate (72) and at least one of the first and second arms (portion (69) which is part of arm (42)) that locks the pivot joint (37) in one of the locking configurations, (Figures 1-7).
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) 20 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2011/0184359 (Dougherty) in view of U.S. Patent Application Publication No. 2003/0172446 (Jones).
Regarding Claim 20, Dougherty teaches a holder as described above, but does not teach: wherein the sample collection vessel holder or the second arm at the sample-collection location comprise one or more snap-together fittings that allow the sample collection vessel holder to attach to the second arm (Claim 20). However, Jones teaches: Claim 20 - a sample collection vessel holder (11) or an arm (13) at a sample-collection location comprise one or more snap-together fittings (65, 69, 73) that allow the sample collection vessel holder (11) to attach to the arm (13), (Figures 1-13). Therefore, it would have been obvious to one of ordinary skill in the art to modify the holder of Dougherty to have wherein the sample collection vessel holder or the second arm at the sample-collection location comprise one or more snap-together fittings that allow the sample collection vessel holder to attach to the second arm (Claim 20) as taught by Jones for the purposes of more efficiently and securely attaching a sample collection vessel holder to the second arm of Dougherty.
Allowable Subject Matter
Claims 2, 4-19 is 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/JOSHUA E RODDEN/Primary Examiner, Art Unit 3642
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