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 .
Election/Restrictions
Applicant's election with traverse of claims 1-19 in the reply filed on 02/26/2026 is acknowledged. The traversal is on the ground(s) that the applicants allege that it will be no serious burden to examine both inventions since claim 20 is related to the disinfecting and rinsing a probe, while claims 1-19 are directed to an apparatus comprising a disinfectant assembly and a rinsing assembly. This is not found persuasive because of the reasons provided in the restriction requirement and because the method of claim 20 does not requires any assemblies.
The requirement is still deemed proper and is therefore made FINAL.
Claim 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 02/26/2026.
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 11-19 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.
The claims are indefinite because it is not clear from claim 11 whether or not the recited probe and a cord are parts of the claimed apparatus.
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, 4-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dobbyn (US 2015/0297769).
Dobbyn teaches an apparatus as claimed.
The apparatus comprises:
A probe reservoir assembly 120;
A disinfectant assembly 150;
And a rinsing assembly 220, 230.
The disinfectant and rinsing assemblies are disclosed as operatively coupled to the reservoir assembly.
See at least Figure 6 and the related description.
As to claim 4:
Dobbyn also teaches that the apparatus comprises a heater 260.
The apparatus also disclosed as comprising a first circuit and a second circuit as claimed.
See at least Figure 6 and the description at [0015], [0038-40], [0042-44], [0059-61], [0066-67], [0071].
As to claim 5:
The apparatus of Dobbyn also comprises a channel, which is readable on the channel of the heater 260 through which the fluids are going through the heater.
The claim does not require the first and the second channels be different from each other. Thus, what is disclosed by Dobbyn is readable on what is claimed.
As to the recited intended functioning of the channel (receiving heat), the channel of the apparatus of Dobbyn is fully capable of such, since Dobbyn discloses use different temperatures for different fluids (at least [0048], [0056]).
As to claims 6 and 7:
Temperature sensors 190 are disclosed at least at [0048], [0056].
As to claim 8:
The first and the second circuits of the apparatus of Dobbyn have controlled and variable volumes since they are provided with multiple branches and valves (at least Figure 6 and the related description.
As to claims 9-10:
The claimed mixing members are readable at least on the path comprising pump assembly 240. See at least Figure 6 and the description at [0059-61].
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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) 11-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dobbyn (US 2015/0297769) in view of Coles (US 2012/0020834).
The discussion of Dobbyn provided above is incorporated here.
Dobbyn teaches a securing member 124, 130 (at least [0051]).
Dobbyn does not specifically teach sensors to determine presence information of the probe and cable.
However, such is known from Coles (at least [0050], [0053], [0063], [0070], [0075], [0138]). Cloes teaches providing multiple sensors to determine presence information of the probes and cables.
It would have been obvious to an ordinary artisan at the time the invention was filed to provide sensors as disclosed by Coles in the device of Dobbyn for the purpose disclosed by Coles in order to use a known device for its known purpose.
Coles does not limit the disclosed sensors to any specific sensor.
Coles teaches that any suitable sensor can be used.
It would have been obvious to an ordinary artisan at the time the invention was filed to provide any conventional sensors, including the specific sensors recited by the claims, in the modified device of Dobbyn for the purpose disclosed by Coles in order to use a known device for its known purpose.
As to claim 19:
Dobbyn discloses an apparatus housing 102 (at least Figures 2-4 and [0035], [0057], [0064]
The claimed roller and biassing member are readable on the curved strain relief 18 recited by Cloes (at least [0049-50]).
It would have been obvious to an ordinary artisan at the time the invention was filed to provide the strain relief as disclosed by Coles in the device of Dobbyn for the purpose disclosed by Coles in order to use a known device for its known purpose.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dobbyn (US 2015/0297769) in view of CN 207203115.
The discussion of Dobbyn provided above is incorporated here.
Dobbyn teaches a securing member 124, 130 (at least [0051]).
It is not clear from Dobbyn if nozzles are used.
However, the use of multiple nozzles positioned as claimed to deliver liquids to the probes was known in the art, as evidenced by CN 207203115 (at least Figures 1-2 and the related description with respect to parts 3).
It would have been obvious to an ordinary artisan at the time the invention was filed to provide nozzles as disclosed by CN 207203115 in the device of Dobbyn for the purpose disclosed by CN 207203115 in order to use a known device for its known purpose.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The documents listed on the attached PTO 892 are cited to show the state of the art with respect to apparatuses for disinfecting probes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MARKOFF whose telephone number is (571)272-1304. The examiner can normally be reached 9:00 am - 5:30 pm.
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, Michael Barr can be reached at 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER MARKOFF/Primary Examiner, Art Unit 1711
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