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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/5/2025 is being considered by the examiner.
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 14-15 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.
Claim 14 recites “The tub of claim 12” in line 1. This is unclear as claim 12 refers to a packaging system and not a tub. Claim 14 should probably be amended to refer to claim 13. For the purposes of compact prosecution, Examiner will interpret claim 14 as dependent on claim 13.
Claim 14 recites the limitation "the stiffening belt" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 inherits the deficiencies of claim 14 and is likewise rejected.
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, 4, 7, 8, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2022/0162003 A1 (Eymery et al., hereinafter Eymery).
Regarding claim 1, Eymery discloses a tub (title; abstract; figures 1-6C; paragraphs [0008]-[0075]) for holding one or more nests (14) each holding a plurality of chimneys (paragraph [0046]; receptacles (24) can be considered as chimneys) with the following combination of components:
a bottom wall (18, 48);
a plurality of sidewalls (16, 17) extending upwardly from the bottom wall (figures 1-6C shows the walls being attached to the bottom wall) and including an inner wall surface and an outer wall surface , wherein each of the plurality of sidewalls comprises a stepped wall including a lower wall portion and an upper wall portion, with a ledge formed between the lower wall portion and the upper wall portion, the ledge comprising a horizontal ledge in parallel with the bottom wall (figures 2A-B, 3, 4B-C, 5B, and 6B show stepped walls with horizontal ledges between the upper and lower portions that are parallel to the bottom wall; paragraphs [0042]-[0045]);
a top flange (20, 46, 64, 84) formed about a top edge of the plurality of sidewalls (figures 2A, 3, 4A-C, 5A-B, 6A-C; paragraphs [0042]-[0045], [0053], [0061] and [0068]); and
one or more support members extending up from the bottom wall(surface shown in figures 2A-B and 3 shows a protruding surface on the bottom wall, though not labeled), each of the one or more support members having a top surface that is vertically aligned with or vertically below the ledges (23) of the plurality of sidewalls, with the one or more support members positioned to support a bottommost nest of the one or more nests when placed within the tub (without shape and dimension specifics of the nest, the support member would be able to support a nest when placed in the tub).
Regarding claims 4 and 7, Eymery discloses the limitations of claim 1. In addition, Eymery shows a configuration in figure 6A-B that includes support columns (80) that extend up from the bottom wall with a portion of the top surface of the column being positioned vertically below the ledges of the plurality of sidewalls that supports a lower edge of the plurality of chimneys of the bottommost nest when placed in the tub (paragraph [0072]). It is also noted that there are 4 cylindrical support columns spaced apart (80 in figure 6A). Depending on how one divides the pairs, one pair on one side can be considered as a first pair spaced apart from the first side wall and the opposite pair on the opposite side would be the second pair, thus meeting the limitations of claim 7. Note that the claim does not specify how the support occurs, which allows Eymery to meet the limitation of the claim.
Regarding claims 8-9, Eymery discloses the limitations of claim 1. In addition, figures 2A-B, 3, and 4A-C show that the ledge (23 and 49) extend outwardly from the top edge of the lower wall portion to a bottom edge of the upper wall portion and is configured to support a support plate on the bottom-most nest of the one or more nests held of the one or more nests held in the tub. Guide features (22) are present on the sidewalls and extend upwardly from the ledge and define a projection on the inner wall surface and a recess on the outer wall surface.
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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/162003 A1 (Eymery et al., hereinafter Eymery) as applied to claim 1 above, and further in view of US 10,023,358 (Carrel).
Regarding claims 2 and 3, Eymery discloses the limitations of claim 1 but does not state that the support members extend inwardly from the lower wall portion. In a related area, Carrel discloses a packaging container with a nesting structure (see title and abstract). Of note is figure 5 which shows multiple supporting surfaces (figures 5 and 9, element 26; column 6, lines 28-49) on the lower wall portion that extends inwardly as part of the plurality of sidewalls. These support members can either be considered as steps or ribs and fit between adjacent chimneys of the nest and, Carrel states are used to receive nests. Thus, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the device of Eymery to include the ribs or steps disclosed by Carrel to provide support in the tub for receiving nests.
Claim(s) 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/162003 A1 (Eymery et al., hereinafter Eymery) as applied to claim 4 above, and further in view of US 2014/0190861 (Carrel et al., hereinafter Carrel ‘61).
Regarding claims 5 and 7, Eymery discloses the limitations of claim 4 but does not state that the support columns are positioned adjacent sidewalls. In a related area, Carrel ’61 discloses packaging of medical containers (title and abstract; figures 3-10; paragraphs [0006]-[0118]). Carrel shows in figures 3 and 4 support columns (supporting pillar 40) positioned adjacent the sidewalls (paragraphs [0081]-[0090]) that are on opposite sidewalls. Carrel states that the configuration is used to allow the sliding reception of supporting nests while limiting the depth of the nest in a tub (paragraph [0090]). Thus, it would have been obvious to one of ordinary skill in the art, before the filing date of the claimed invention, to modify the device of Eymery to include the support columns disclosed by Carrel ’61 in order to allow the sliding reception of supporting nests while limiting the depth of the nest in a tub.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/162003 A1 (Eymery et al., hereinafter Eymery).
Regarding claim 6, Eymery discloses the limitations of claim 4. Eymery states in paragraphs [0070]-[0074] that the supporting shafts can be any number and be of any appropriate size or shape. The Applicant’s specification has not stated how the use of a single support column that covers a majority of the bottom wall provides an advantage, is used for a particular purpose, or solves a stated problem. Thus, it would have been obvious to one of ordinary skill in the art, before the filing date of the claimed invention to modify the device of Emery to use a single support column that covers the majority of the bottom wall if it would be considered the appropriate way to support a particular nest configuration as stated by Emery.
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/162003 A1 (Eymery et al., hereinafter Eymery) in view of US 2014/0190861 (Carrel et al., hereinafter Carrel ‘61).
Regarding claim 10, Eymery discloses a packaging system (title; abstract; figures 1-6C; paragraphs [0008]-[0075]) that includes the following components:
one or more nests each configured to retain a plurality of medical components, each of the one or more nests comprising:
a support plate (14, 34, 54, and 74) having a top surface and a bottom surface; and
a plurality of chimneys (24, 36, 56, and 76 receptacles) formed on the support plate and configured to retain the plurality of medical components therein, each of the plurality of chimneys defining an opening in the support plate and comprising a cylindrical wall extending down from the bottom surface of the support plate, the cylindrical wall having a top edge joined to the support plate and a bottom edge (receptacles as shown in figure 4C, 5B, and 6B have a cylindrical wall that extends down from the bottom surface of the support plate where the cylindrical wall has a top edge joined to the support plate and a bottom edge);
a tub comprising:
a bottom wall (18, 48);
a plurality of sidewalls (16, 17) extending upwardly from the bottom wall (figures 1-6C shows the walls being attached to the bottom wall) and including an inner wall surface and an outer wall surface , wherein each of the plurality of sidewalls comprises a stepped wall including a lower wall portion and an upper wall portion, with a ledge formed between the lower wall portion and the upper wall portion, the ledge comprising a horizontal ledge in parallel with the bottom wall (figures 2A-B, 3, 4B-C, 5B, and 6B show stepped walls with horizontal ledges between the upper and lower portions that are parallel to the bottom wall; paragraphs [0042]-[0045]);
a top flange (20, 46, 64, 84) formed about a top edge of the plurality of sidewalls (figures 2A, 3, 4A-C, 5A-B, 6A-C; paragraphs [0042]-[0045], [0053], [0061] and [0068]); and
one or more support members extending up from the bottom wall(surface shown in figures 2A-B and 3 shows a protruding surface on the bottom wall, though not labeled), each of the one or more support members having a top surface that is vertically aligned with or vertically below the ledges (23) of the plurality of sidewalls, with the one or more support members positioned to support a bottommost nest of the one or more nests when placed within the tub (without shape and dimension specifics of the nest, the support member would be able to support a nest when placed in the tub).
However, Eymery does not disclose the presence of a sealing cover. In a related area, Carrel ’61 discloses packaging of medical containers (title and abstract; figures 3-10; paragraphs [0006]-[0118]). Paragraphs [0091]-[0092] disclose the use of a sealing cover applied over the tube and joined to the top flange to close the packaging and protect the containers arranged in the packaging from external contamination. Thus, it would have been obvious to one of ordinary skill in the art, before the filing date of the claimed invention to modify the device of Eymery to include a sealing cover as taught by Carrel ’61 to close the packaging and protect the containers arranged in the packaging from external contamination.
Regarding claims 11-12, Emery discloses the limitations of claim 10. In addition, it can be seen in figure 6A-B that the support members (80) and a portion of their top surfaces are vertically aligned with and positioned below the ledges of the plurality of sidewalls with the support members fit between adjacent chimneys of the bottommost nest (paragraphs [0070]-[0074]) and would contact the bottom surface of the support plate due to the retention interactions between the nest and the rigid shafts.
Allowable Subject Matter
Claims 13 and 16-20 are allowed.
Claims 14 and 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 13, the prior art of record does not teach or suggest a tub, as claimed by Applicant, that includes a stiffening belt on the inner wall surface of the plurality of sidewalls that is configured to resist an inward bowing of the respective sidewall.
Claims 14-15 are dependent on allowable matter from claim 13 and would be allowable once the 112 rejections are overcome.
Claim 16 is dependent on allowable matter from claim 13 and would be allowable.
Regarding claim 17, the prior art of record does not teach or suggest a tub, as claimed by Applicant, wherein the top flange comprises a vertically oriented lip formed about the outer edge that extends downward toward the bottom wall, wherein the top flange and vertically oriented lip increase a rigidity of the plurality of sidewalls, such that the plurality of sidewalls are resistant to an inward bowing thereof.
Regarding claim 18, the prior art of record does not teach or suggest a tub, as claimed by Applicant, wherein a thickness of each of the plurality of sidewalls is greater than a thickness of the bottom wall, such that the plurality of sidewalls resist an inward bowing.
Claims 19-20 are dependent on allowable matter from claim 18 and are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA DARYL DEANON LANNU whose telephone number is (571)270-1986. The examiner can normally be reached Monday-Thursday 8 AM - 5 PM, Friday 8 AM -12 PM.
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/JOSHUA DARYL D LANNU/Examiner, Art Unit 3791
/CARRIE R DORNA/Primary Examiner, Art Unit 3791
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