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 .
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.
Claims 1-21 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. In claim 1, line 6, “an operative position” is double recitation of the same defined in line 4, or if different, indefinitely distinguished. See claim 14, lines 8-9 and claim 15, line 7 for the same issue.
In claim 9, line 2, “the tray retainer” lacks antecedent basis. See also claims 10 and 11, line 1 of each.
In claim 21, lines 9-10, “into a position…” is double recitation of the “operative position” previously defined, and as such the same position recited differently is indefinite.
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.
Claims 14-16 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 2480839. Disclosed is a tray capable of being employed as an endoscopy tray, the tray comprising a tray surface panel (4) having an upstanding wall (6-12) extending therefrom, the wall including a plurality of wall elements (6, 8, 10, 12) joined at their ends to form an enclosed perimeter, the wall elements and tray surface panel defining a space capable of at least temporarily retaining fluid, and a first side panel (10 or 12) extending from a first side edge of the tray surface panel and rotatable relative thereto between a storage position (Figure 2) and an operative position (Figure 1), the first side panel having a first flap (16 or 18) rotatably secured thereto, the flap having an engagement element (22) selectively securable to a first wall element (24) of the plurality of wall elements for securing the first side panel in an operative position, the first side panel having a distal end (including 28) including a first recess (recess in free end of 28) adapted to retain a first tube end above the fluid retaining space. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
As to claim 15, the tray surface panel (4) has a second side edge (at other of 10 and 12) opposed from the first side edge and a second side panel (other of 10 and 12) extends from the second side edge of the tray surface panel and rotatable relative thereto between a storage position (Figure 2) and an operative position (Figure 1), the second side panel having a second side panel flap (other of 16 and 18) rotatably secured thereto, the second side panel flap having an engagement element (22) selectively securable to a second wall element (24) of the plurality of wall elements for securing the second side panel in the operative position.
As to claim 16, the second side panel (other of 10 and 12) has a distal end (including 28) including a first recess (recess in free end of 28) adapted to retain a first tube end above the fluid retaining space.
As to claim 18, the first flap engagement element (one 22) includes a notch, the notch configured to receive therein a portion of the first wall element (24).
As to claim 19, the tray surface panel (4), the first side panel (10 or 12) and the first flap (16 or 18) are formed from one integral component (blank of Figure 2).
Claims 1-13 and 21 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action.
Claims 17 and 20 would each be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Applicant’s arguments and amendments with respect to the rejections of claims previously made are accepted. After reconsideration, new 112 rejections are made to claims 1, 14 and 21, and an uncorrected 112 rejection against claim 9 is maintained. The IDS filed November 25, 2025 was overlooked somehow, and after consideration, new art rejections are made in view of GB 2480839.
This action has been made non-final in view of the new grounds of rejection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG