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 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 69-87 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 69 is indefinite since it is not clear how each of the tubular container, the filtration assembly, the filtration withdrawal shaft and the sampling device are structurally related to one another so as to perform the steps of the method. Specifically, it is not clear where the filter support removably holding the filter is located in relation to the tubular container, the filter-withdrawal shaft and the sampling device, and it is not clear what serves to drive a portion of the liquid specimen sample through the filter and the filtrate passages of the filter support. According to the specification, the filter support removably holding the filter is located on a plunger head of a plunger which is inserted into the tubular container to bring the liquid specimen sample into contact with the filter and the filtrate passages of the filter support. It is noted that incorporating the limitations recited in claim 74 into claim 69 would remedy this problem in claim 69 since claim 74 positively recites how the liquid specimen sample is driven through the filter and the filtrate passages of the filter support (i.e. via a plunger), and where the filter support holding the filter is located so as to drive the liquid specimen sample through the filter and the filtrate passages (i.e. it is located on the plunger head of a plunger inserted into a proximal opening of the tubular container). On lines 5-6 of claim 69, the phrase “while a filter-withdrawal shaft of the sampling device is coupled to the filter” is indefinite since it is not clear what “coupled to” means in this phrase. Does this mean that the filter-withdrawal shaft is physically attached to or fixed to the filter? If not, how is the filter-withdrawal shaft “coupled to” the filter? See this same problem with the phrase “coupled to” in claim 72. On line 9 of claim 69, the phrase “withdrawing the filter-withdrawal shaft from the filtration assembly” is indefinite since it is not clear how this step is performed. Is the filter-withdrawal shaft attached to the “sampling device”, and does the “sampling device” serve to withdraw the filter-withdrawal shaft from the filtration assembly? What exactly is the “sampling device”, and what purpose does it serve in the method?
Claim 75 is indefinite since it is not clear where the filter-withdrawal shaft is located in relation to the plunger head and the plunger during the withdrawing of the filter-withdrawal shaft from the filtration assembly. Is the filter-withdrawal shaft located in an internal plunger space of the plunger while the plunger head is within the tubular container, and is the filter-withdrawal shaft withdrawn from the internal plunger space of the plunger when the shaft is withdrawn from the filtration assembly?
Claim 79 is indefinite since it is not clear where the waste liquid receptacle is located in relation to the tubular container and the filter support of the filtration assembly. Is the waste liquid receptacle located inside of the tubular container, or is it located in some other structure that holds the filter support?
Inventorship
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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 69-87 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 12-14, 16-17 and 19-21 of U.S. Patent No. 11,885,722. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims recite a method for testing a liquid specimen sample comprising placing the liquid specimen sample in a tubular container of a filtration assembly of a sampling device (see instant claim 69 and claim 12 in US 11,885,722); thereafter, bringing the liquid specimen sample into contact with a filter removably disposed on a support surface defined by a filter support of the filtration assembly, while a filter- withdrawal shaft of the sampling device is coupled to the filter (see instant claim 69, and claim 12 in US 11,885,722 where it states “a filter removably disposed on a distal end of the plunger head”, claim 13 in US 11,885,722 where it states “wherein the plunger head is shaped so as to define a filter support”, and claim 12 in US 11,885,722 where it states “a filter-withdrawal shaft which includes a distal portion that is directly or indirectly coupled to the filter”); thereafter, driving at least a portion of the liquid specimen sample through the filter and a plurality of filtrate-passage openings defined by the filter support (see instant claim 69, and claim 12 in US 11,885,722 where it states “distally advancing the plunger head within the tubular container to drive at least a portion of the liquid specimen sample through the filter…” and claim 13 in US 11,885,722 where it states “wherein distally advancing the plunger head within the tubular container…pushes at least a portion of the liquid specimen sample through the filter and the filtrate-passage openings and into the waste liquid receptacle”); withdrawing the filter-withdrawal shaft from the filtration assembly, thereby removing the filter from the support surface and from the filtration assembly, while leaving the filter support within the filtration assembly (see instant claim 69 and claim 12 in US 11,885,722 where it states “withdrawing the filter-withdrawal shaft out of the internal plunger space… and remove the filter-withdrawal shaft and the filter from the filtration assembly); and thereafter, testing the filter for the presence of biological particulate trapped by the filter (see instant claim 69 and claim 16 in US 11,885,722).
Both sets of claims also recite that withdrawing the filter-withdrawal shaft from the filtration assembly removes the filter from the support surface and thereafter from the filtration assembly (see instant claim 70, and claim 12 in US 11,885,722 where it states “withdrawing the filter-withdrawal shaft out of the internal plunger space… and remove the filter-withdrawal shaft and the filter from the filtration assembly), that bringing the liquid specimen sample into contact with the filter comprises bringing the liquid specimen sample into contact with the filter while the filter-withdrawal shaft is fixed to the filter (see instant claim 71, and claim 12 in US 11,885,722 where it states “a filter-withdrawal shaft which includes a distal portion that is directly or indirectly coupled to the filter”), that testing the filter comprises testing the filter while the filter-withdrawal shaft is coupled to the filter (see instant claim 72, and claim 12 in US 11,885,722 where it states “remove the filter-withdrawal shaft and the filter from the filtration assembly”, and claim 16 in US 11,885,722), that the placing of the liquid specimen sample in the tubular container comprises placing the liquid specimen sample in the tubular container via a proximal container opening of the tubular container while the proximal container opening faces upwards, and wherein withdrawing the filter-withdrawal shaft from the filtration assembly comprises withdrawing the filter-withdrawal shaft from the filtration assembly while the proximal container opening faces upward (see instant claim 73, and claim 12 in US 11,885,722), that the placing of the liquid specimen sample in the tubular container comprises placing the liquid specimen sample in the tubular container via a proximal container opening of the tubular container, and wherein bringing the liquid specimen sample into the contact with the filter and thereafter driving the at least a portion of the liquid specimen sample through the filter and the plurality of filtrate-passage openings comprises inserting a plunger head of a plunger of the filtration assembly into the tubular container via the proximal container opening of the tubular container, such that a lateral surface of the plunger head forms a fluid-tight movable seal with an inner wall of the tubular container; and distally advancing the plunger head within the tubular container to bring the liquid specimen sample into the contact with the filter and to thereafter drive the at least a portion of the liquid specimen sample through the filter and the plurality of filtrate-passage openings (see instant claim 74, and claims 12-13 in US 11,885,722), that the withdrawing of the filter-withdrawal shaft from the filtration assembly comprises withdrawing the filter-withdrawal shaft from the filtration assembly while the plunger head is within the tubular container (see instant claim 75, and claim 12 in US 11,885,722), that the placing of the liquid specimen sample in the tubular container comprises placing the liquid specimen sample in the tubular container via a proximal container opening of the tubular container while the proximal container opening faces upwards, and wherein withdrawing the filter-withdrawal shaft from the filtration assembly comprises withdrawing the filter-withdrawal shaft from the filtration assembly while the proximal container opening faces upwards (see instant claim 76, and claim 12 in US 11,885,722), that the plunger comprises a plunger head and a plunger rod, which (a) has a distal end portion to which the plunger head is coupled, and (b) is shaped so as to define therewithin a waste liquid receptacle, wherein the plunger comprises a plunger head and a plunger rod, which (a) has a distal end portion to which the plunger head is coupled, and (b) is shaped so as to define therewithin a waste liquid receptacle (see instant claim 77, and claim 13 in US 11,855,722 which recites “wherein the plunger rod is shaped so as to define therewithin a waste liquid receptacle”), that the withdrawing of the filter-withdrawal shaft from the filtration assembly removes the filter from the support surface and the filtration assembly, while leaving the filter support within the filtration assembly and the plurality of filtrate-passage openings in fluid communication with the waste liquid receptacle (see instant claim 78 and claims 12-13 in US 11,855,722), that the filtration assembly is shaped so as to define therewithin a waste liquid receptacle, wherein the plurality of filtrate-passage openings are in fluid communication with the waste liquid receptacle, and wherein driving the at least a portion of the liquid specimen sample comprises driving the at least a portion of the liquid specimen sample through the filter and the plurality of filtrate-passage openings and into the waste liquid receptacle (see instant claim 79, and claims 12-13 in US 11,885,722), that withdrawing the filter-withdrawal shaft from the filtration assembly removes the filter from the support surface and the filtration assembly, while leaving the filter support within the filtration assembly and the plurality of filtrate-passage openings in fluid communication with the waste liquid receptacle (see instant claim 80 and claims 12-13 in US 11,885,722), that a filter-shaft-withdrawal opening of the filtration assembly and a longitudinal portion of the filter-withdrawal shaft are shaped so as to define corresponding female and male screw threads, respectively, which (a) removably couple the filter-withdrawal shaft to the filtration assembly while the filter is removably disposed on the support surface, and (b) prevent the premature withdrawal of the filter-withdrawal shaft from the filtration assembly, and wherein withdrawing the filter-withdrawal shaft from the filtration assembly comprises rotating the filter-withdrawal shaft and the filter-shaft-withdrawal opening with respect to each other so as to (a) cause an initial portion of the withdrawal of the filter-withdrawal shaft from the filtration assembly, and (b) decouple the female and the male screw threads from each other (see instant claim 81, and claim 14 in US 11,885,722), that the sampling device is configured to bunch up at least a portion of the filter during removal of the filter from the filtration assembly, and the at least a portion of the filter is bunched into a flower-like arrangement during the removal of the filter from the filtration assembly (see instant claims 82-83 and claims 20-21 in US 11,885,722), that testing the filter for the presence of the biological particulate trapped by the filter comprises using a lateral flow immunoassay test strip (see instant clam 84, and claim 17 in US 11,885,722), and that the biological particulate is selected from the group consisting of: a virus, a bacterium, a microorganism, a fungus, a spore, a mite, a biological cell, a biological antigen, a protein, a protein antigen, and a carbohydrate antigen (see instant claim 85, and claim 19 in US 11,885,722).
With regards to instant claims 86-87, while the claims in US 11,885,722 do not recite that the liquid specimen sample includes urine or blood, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the method recited in claims 12-14, 16-17 and 19-21 of US 11,885,722 to analyze either a urine or a blood sample because the claims of US 11,885,722 recite that a presence of a biological particulate trapped by the filter is tested for in the method (see claim 16 in US 11,885,722), and both urine and blood samples are biological samples containing biological particulates therein.
Claims 69-80 and 82-87 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18, 21-28 and 35-39 of U.S. Patent No. 11,921,018. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims recite a method for testing a liquid specimen sample comprising placing the liquid specimen sample in a tubular container of a filtration assembly of a sampling device (see instant claim 69 and the first step of the method recited in claims 18 and 27 in US 11,921,018); thereafter, bringing the liquid specimen sample into contact with a filter removably disposed on a support surface defined by a filter support of the filtration assembly, while a filter- withdrawal shaft of the sampling device is coupled to the filter (see instant claim 69, and claim 21 in US 11,921,018 where it states “wherein the plunger head is shaped so as to define a filter support, which is shaped so as to define a distal support surface and a plurality of filtrate-passage openings through the filter support…”, and claim 27 in US 11,921,018 where it states “wherein the sampling device further includes a shaft, and wherein advancing the filter into the filter collection receptacle comprises axially moving a distal portion of the shaft”); thereafter, driving at least a portion of the liquid specimen sample through the filter and a plurality of filtrate-passage openings defined by the filter support (see instant claim 69, and claims 18 and 27 in US 11,921,018 where it states “distally advancing the plunger head within the tubular container to drive at least a portion of the liquid specimen sample through a filter…”); withdrawing the filter-withdrawal shaft from the filtration assembly, thereby removing the filter from the support surface and from the filtration assembly, while leaving the filter support within the filtration assembly (see instant claim 69 and claim 23 in US 11,921,018 where it states “wherein advancing the filter into the filter-collection receptacle comprises proximally withdrawing the filter-withdrawal shaft, while the plunger head is within the tubular container…”); and thereafter, testing the filter for the presence of biological particulate trapped by the filter (see instant claim 69 and claim 35 in US 11,921,018).
Both sets of claims also recite that withdrawing the filter-withdrawal shaft from the filtration assembly removes the filter from the support surface and thereafter from the filtration assembly (see instant claim 70, and claim 23 in US 11,921,018 where it states “wherein advancing the filter into the filter-collection receptacle comprises proximally withdrawing the filter-withdrawal shaft, while the plunger head is within the tubular container…”), that bringing the liquid specimen sample into contact with the filter comprises bringing the liquid specimen sample into contact with the filter while the filter-withdrawal shaft is fixed to the filter (see instant claim 71, and claim 23 in US 11,921,018 where it states “wherein the sampling device comprises a filter-withdrawal shaft which …includes a distal portion that is directly or indirectly coupled to the filter”), that testing the filter comprises testing the filter while the filter-withdrawal shaft is coupled to the filter (see instant claim 72, and claim 23 in US 11,921,018 where it states “wherein advancing the filter into the filter-collection receptacle comprises proximally withdrawing the filter-withdrawal shaft, while the plunger head is within the tubular container, so as to pull the filter into the filter-collection receptacle…”), that the placing of the liquid specimen sample in the tubular container comprises placing the liquid specimen sample in the tubular container via a proximal container opening of the tubular container while the proximal container opening faces upwards, and wherein withdrawing the filter-withdrawal shaft from the filtration assembly comprises withdrawing the filter-withdrawal shaft from the filtration assembly while the proximal container opening faces upward (see instant claim 73, and claims 18 and 27 in US 11,921,018), that the placing of the liquid specimen sample in the tubular container comprises placing the liquid specimen sample in the tubular container via a proximal container opening of the tubular container, and wherein bringing the liquid specimen sample into the contact with the filter and thereafter driving the at least a portion of the liquid specimen sample through the filter and the plurality of filtrate-passage openings comprises inserting a plunger head of a plunger of the filtration assembly into the tubular container via the proximal container opening of the tubular container, such that a lateral surface of the plunger head forms a fluid-tight movable seal with an inner wall of the tubular container; and distally advancing the plunger head within the tubular container to bring the liquid specimen sample into the contact with the filter and to thereafter drive the at least a portion of the liquid specimen sample through the filter and the plurality of filtrate-passage openings (see instant claim 74, and claims 18, 21 and 27-28 of US 11,921,018), that the withdrawing of the filter-withdrawal shaft from the filtration assembly comprises withdrawing the filter-withdrawal shaft from the filtration assembly while the plunger head is within the tubular container (see instant claim 75, and claims 24-25 in US 11,921,018), that the placing of the liquid specimen sample in the tubular container comprises placing the liquid specimen sample in the tubular container via a proximal container opening of the tubular container while the proximal container opening faces upwards, and wherein withdrawing the filter-withdrawal shaft from the filtration assembly comprises withdrawing the filter-withdrawal shaft from the filtration assembly while the proximal container opening faces upwards (see instant claim 76, and claims 18 and 27 in US 11,921,018), that the plunger comprises a plunger head and a plunger rod, which (a) has a distal end portion to which the plunger head is coupled, and (b) is shaped so as to define therewithin a waste liquid receptacle, wherein the plunger comprises a plunger head and a plunger rod, which (a) has a distal end portion to which the plunger head is coupled, and (b) is shaped so as to define therewithin a waste liquid receptacle (see instant claim 77, and claim 21 in US 11,921,018 which recites “wherein the plunger rod is shaped so as to define therewithin a waste liquid receptacle”), that the withdrawing of the filter-withdrawal shaft from the filtration assembly removes the filter from the support surface and the filtration assembly, while leaving the filter support within the filtration assembly and the plurality of filtrate-passage openings in fluid communication with the waste liquid receptacle (see instant claim 78 and claims 21 and 23-25 in US 11,921,018), that the filtration assembly is shaped so as to define therewithin a waste liquid receptacle, wherein the plurality of filtrate-passage openings are in fluid communication with the waste liquid receptacle, and wherein driving the at least a portion of the liquid specimen sample comprises driving the at least a portion of the liquid specimen sample through the filter and the plurality of filtrate-passage openings and into the waste liquid receptacle (see instant claim 79, and claim 21 in US 11,921,018), that withdrawing the filter-withdrawal shaft from the filtration assembly removes the filter from the support surface and the filtration assembly, while leaving the filter support within the filtration assembly and the plurality of filtrate-passage openings in fluid communication with the waste liquid receptacle (see instant claim 80 and claims 21 and 23-25 in US 11,921,018), that the sampling device is configured to bunch up at least a portion of the filter during removal of the filter from the filtration assembly, and the at least a portion of the filter is bunched into a flower-like arrangement during the removal of the filter from the filtration assembly (see instant claims 82-83 and claims 38-39 in US 11,921,018), that testing the filter for the presence of the biological particulate trapped by the filter comprises using a lateral flow immunoassay test strip (see instant clam 84, and claim 36 in US 11,921,019), and that the biological particulate is selected from the group consisting of: a virus, a bacterium, a microorganism, a fungus, a spore, a mite, a biological cell, a biological antigen, a protein, a protein antigen, and a carbohydrate antigen (see instant claim 85, and claim 37 in US 11,921,018).
With regards to instant claims 86-87, while the claims in US 11,921,018 do not recite that the liquid specimen sample includes urine or blood, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the method recited in claims 18, 21-28 and 35-39 of US 11,921,018 to analyze either a urine or a blood sample because the claims of US 11,921,018 recite that a presence of a biological particulate trapped by the filter is tested for in the method (see claim 35 in US 11,921,018), and both urine and blood samples are biological samples containing biological particulates therein.
Claims 69-70, 74 and 82-83 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 281, 286, 293-295 and 310 of copending Application No. 18/763,483 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims recite a method for testing a liquid specimen sample comprising placing the liquid specimen sample in a tubular container of a filtration assembly of a sampling device (see instant claim 69 and claims 281 and 310 of application 18/763,483); thereafter, bringing the liquid specimen sample into contact with a filter removably disposed on a support surface defined by a filter support of the filtration assembly, while a filter- withdrawal shaft of the sampling device is coupled to the filter (see instant claim 69, and claim 281 in application 18/763,483 where it states “passing at least a portion of a liquid specimen sample through a filter…”, and claim 293 in application 18/763,483 where it states “using the filtration assembly to push the at least a portion of the liquid specimen sample through the filter while the liquid specimen sample is contained in the container and the filter is removably disposed on a support surface by a filter support… wherein the method further comprises withdrawing the filter shaft out of the filtration assembly so as to remove the filter shaft and the filter from the filtration assembly”); thereafter, driving at least a portion of the liquid specimen sample through the filter and a plurality of filtrate-passage openings defined by the filter support (see instant claim 69, and claim 293 in application 18/763,483 where it states “using the filtration assembly to push the at least a portion of the liquid specimen sample through the filter while the liquid specimen sample is contained in the container and the filter is removably disposed on a support surface defined by a filter support, wherein the filter support further defines a plurality of filtrate-passage openings through the filter support”); withdrawing the filter-withdrawal shaft from the filtration assembly, thereby removing the filter from the support surface and from the filtration assembly, while leaving the filter support within the filtration assembly (see instant claim 69 and claim 293 in application 18/763,482 where it states “wherein the method further comprises withdrawing the filter shaft out of the filtration assembly so as to remove the filter shaft and the filter from the filtration assembly”); and thereafter, testing the filter for the presence of biological particulate trapped by the filter (see instant claim 69 and claim 286 in application 18/763,483).
With regards to instant claim 70, it is noted that claim 293 in application 18/763,483 recites that withdrawing the filter-withdrawal shaft from the filtration assembly removes the filter from the support surface and thereafter from the filtration assembly. See claim 293 in application 18/763,482 where it states “wherein the method further comprises withdrawing the filter shaft out of the filtration assembly so as to remove the filter shaft and the filter from the filtration assembly”.
With regards to instant claim 74, it is noted that claims 294 and 310 in application 18/763,483 recite that the placing of the liquid specimen sample in the tubular container comprises placing the liquid specimen sample in the tubular container via a proximal container opening of the tubular container, and wherein bringing the liquid specimen sample into the contact with the filter and thereafter driving the at least a portion of the liquid specimen sample through the filter and the plurality of filtrate-passage openings comprises inserting a plunger head of a plunger of the filtration assembly into the tubular container via the proximal container opening of the tubular container, such that a lateral surface of the plunger head forms a fluid-tight movable seal with an inner wall of the tubular container; and distally advancing the plunger head within the tubular container to bring the liquid specimen sample into the contact with the filter and to thereafter drive the at least a portion of the liquid specimen sample through the filter and the plurality of filtrate-passage openings.
With regards to claims 82-83, it is noted that claim 295 in application 18/763,483 recites that the sampling device is configured to bunch up at least a portion of the filter during removal of the filter from the filtration assembly, and the at least a portion of the filter is bunched into a flower-like arrangement during the removal of the filter from the filtration assembly.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAUREEN M WALLENHORST whose telephone number is (571)272-1266. The examiner can normally be reached on Monday-Thursday from 6:30 AM to 4:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander, can be reached at telephone number 571-272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAUREEN WALLENHORST/Primary Examiner, Art Unit 1797 July 23, 2026
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