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 Status
Claims 1-21 are pending and examined.
Claim Objections
Claim 9 is objected to because of the following informalities:
Regarding claim 9, the claim recites “including” at the end of the claim without including any additional limitations, which is grammatically incorrect. This “including” should be deleted to make the claim grammatically correct.
Appropriate correction is required.
Claim Interpretation
The limitation “an outer holding part” has been interpreted as any structure capable of holding a tube therein, the outer holding part being located outside of the inner holding part.
The limitation “an inner holding part” has been interpreted as any structure capable of holding a tube therein, the inner holding part being located inside of the outer holding part.
The limitation “a release mechanism” has been interpreted as any structure capable of interacting with the circumferential grip ring to release the tube from the cylindrical holding mechanism.
Examiner’s Note: any claims reciting limitations that further delimit the release mechanism, e.g. claim 4, which describes the release mechanism including a tapered portion, will necessitate the release mechanism having the claimed limitations.
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 3-6, 16-18, and 21 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.
Regarding claim 3, Lns. 1-2 recite, “wherein the release mechanism cooperatively engages with the circumferential grip ring by deflecting a plurality of teeth of the circumferential grip ring”. However, it is unclear if the plurality of teeth of the circumferential grip ring are positively recited or not. Further clarification is needed. For purposes of compact prosecution, the plurality of teeth of the circumferential grip ring have been examined as positively recited.
Claims 4-6 depend from claim 3 and are therefore rejected as depending on a rejected claim.
Regarding claim 16, Lns. 1-3 recite, “the release mechanism cooperatively engages with the circumferential grip ring to deflect a plurality of teeth formed in the circumferential grip ring”. However, it is unclear if the plurality of teeth of the circumferential grip ring are positively recited or not. Further clarification is needed. For purposes of compact prosecution, the plurality of teeth of the circumferential grip ring have been examined as positively recited.
Claims 17-18 depend from claim 16 and are therefore rejected as depending on a rejected claim.
Regarding claim 21, Ln. 8 recites, “adapted to hold a tube”. However, it is unclear if this tube is the same as or different from the tube previously recited in claim 21. For purposes of compact prosecution, the above limitation has been examined as, “adapted to hold the tube”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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.
Claims 1-8, 10-13, and 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kenney (US Pat. No. 5,104,625) in view of Bobo et al. (US Pub. No. 2015/0159794; hereinafter Bobo).
Regarding claim 1, Kenney discloses a dispensing device for dispensing a fluid for testing (Col. 1 Lns. 5-13, see Fig. 1). The device comprises:
a handle (Col. 2 Ln. 28-Col. 3 Ln. 40, see Fig. 1 at handle 17).
A cylindrical holding mechanism attached to the handle, the cylindrical holding mechanism including:
an outer holding part adapted to hold a tube therein, the tube having a proximal end and a distal end (Col. 2 Ln. 28-Col. 3 Ln. 40, see Figs. 1, 5 at outer sleeve 71).
An inner holding part configured to engage with the outer holding part, wherein one end of the inner holding part is connected to the handle (Col. 2 Ln. 28-Col. 3 Ln. 40, see Figs. 1, 5 at inner/ejector sleeve 37 and collet 31, which is connected to handle 17).
A plunger, disposed in the handle, configured to dispense the fluid contained in the tube (Col. 2 Ln. 28-Col. 3 Ln. 40, see Figs. 1, 5 at plunger 85).
Kenney fails to explicitly disclose:
a circumferential grip ring disposed between the outer holding part and the inner holding part to provide a differential resistive force at each side of the circumferential grip ring; and
that the tube extends through the inner holding part and the outer holding part.
Bobo is in the field of mechanisms for keeping cylindrical objects in place and releasing them as desired (Bobo; [0031]-[0032], see Fig. 2), and is therefore reasonably pertinent to the problem faced by the inventor. Bobo teaches a circumferential grip ring disposed between two compartments to provide a differential resistive force at each side of the circumferential grip ring (Bobo; [0006], [0031]-[0032], see Figs. 2-4 at gripping ring 50 having tines 54 for gripping fluid conduit 11, which is inserted past the gripping ring).A tube extends through the two compartments (although the tube is not positively recited, Bobo teaches a fluid conduit 11 that is tubular extending past a gripping ring 50 in [0006], [0031]-[0032], see Figs. 2-4. The fluid conduit can pass through first and second cartridges). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Kenney with the teachings of Bobo so that the dispensing device includes a circumferential grip ring disposed between the outer holding part and the inner holding part to provide a differential resistive force at each side of the circumferential grip ring, and that the tube extends through the inner holding part and the outer holding part, since the use of a known technique of a circumferential grip ring and a tube extending through inner and outer holding parts to secure and release cylindrical objects as taught by Bobo to the known dispensing device that uses tubes of Kenney ready for improvement would have allowed for the facile securing and releasing of tubes from the dispensing device as desired by a user. The motivation would have been that Bobo teaches that a circumferential grip ring can be used to easily secure or release a tube from a device as desired (Bobo; [0006], [0031]-[0032], see Figs. 2-4).
Note: The instant Claims contain a large amount of functional language (ex: “adapted to hold a tube therein…”, “configured to engage with the outer holding part …”, “to provide a differential resistive force…”, etc.). However, functional language does not add any further structure to an apparatus beyond a capability. Apparatus claims must distinguish over the prior art in terms of structure rather than function (see MPEP 2114). Therefore, if the prior art structure is capable of performing the function, then the prior art meets the limitation in the claims.
Regarding claim 2, modified Kenney discloses the device of claim 1.
Modified Kenney fails to explicitly disclose a release mechanism, wherein the release mechanism cooperatively engages with the circumferential grip ring to release the tube from the cylindrical holding mechanism.
Bobo further teaches a release mechanism, where the release mechanism cooperatively engages with the circumferential grip ring to release the tube from the cylindrical holding mechanism. The release mechanism cooperatively engages with the circumferential grip ring by deflecting a plurality of teeth of the circumferential grip ring in one direction. One end of the release mechanism includes a tapered portion, where at least a portion of the tapered portion extends into an opening of the circumferential grip ring and engages with the plurality of teeth for deflection. The plurality of teeth moves radially outwardly when the tapered portion extends into the opening of the circumferential grip ring. In a first deflection position, the plurality of teeth is positioned farther from the proximal end of the tube to hold the tube against the cylindrical holding mechanism. In a second deflection position, the plurality of teeth is positioned closer to the proximal end of the tube to release the tube from the cylindrical holding mechanism (Bobo; [0031]-[0032], see Figs. 2-4 at gripping ring 50 having gripping ring tines 54, where when release ring 70 moves downwardly in direction A, the gripping ring tines 54 of gripping ring 50 spread outwardly to release a fluid conduit 11. The release ring 70 has tapered locking tabs 74). The release mechanism includes a bore such that the tube slidably extends through the bore (Bobo; [0031]-[0032], see Figs. 2-4 at release ring 70, which has a bore). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of modified Kenney with the further teachings of Bobo so that the device comprises a release mechanism, wherein the release mechanism cooperatively engages with the circumferential grip ring to release the tube from the cylindrical holding mechanism, the release mechanism cooperatively engages with the circumferential grip ring by deflecting a plurality of teeth of the circumferential grip ring in one direction, one end of the release mechanism includes a tapered portion, whereby at least a portion of the tapered portion extends into an opening of the circumferential grip ring and engages with the plurality of teeth for deflection, the plurality of teeth moves radially outwardly when the tapered portion extends into the opening of the circumferential grip ring, in a first deflection position, the plurality of teeth is positioned farther from the proximal end of the tube to hold the tube against the cylindrical holding mechanism; and in a second deflection position, the plurality of teeth is positioned closer to the proximal end of the tube to release the tube from the cylindrical holding mechanism, and the release mechanism includes a bore such that the tube slidably extends through the bore. The motivation would have been that providing the claimed release mechanism in combination with the circumferential grip ring will allow for easily securing or releasing a tube from the device as desired (Bobo; [0006], [0031]-[0032], see Figs. 2-4).
Regarding claim 3, modified Kenney discloses the device of claim 2. Modified Kenney further discloses that the release mechanism cooperatively engages with the circumferential grip ring by deflecting a plurality of teeth of the circumferential grip ring in one direction (see Claim 2 above at Bobo teaching the claimed release mechanism in [0006], [0031]-[0032], see Figs. 2-4).
Regarding claim 4, modified Kenney discloses the device of claim 3. Modified Kenney further discloses that one end of the release mechanism includes a tapered portion, whereby at least a portion of the tapered portion extends into an opening of the circumferential grip ring and engages with the plurality of teeth for deflection (see Claim 2 above at Bobo teaching the claimed release mechanism in [0006], [0031]-[0032], see Figs. 2-4).
Regarding claim 5, modified Kenney discloses the device of claim 4. Modified Kenney further discloses that the plurality of teeth moves radially outwardly when the tapered portion extends into the opening of the circumferential grip ring (see Claim 2 above at Bobo teaching the claimed release mechanism in [0006], [0031]-[0032], see Figs. 2-4).
Regarding claim 6, modified Kenney discloses the device of claim 4, and all limitations recited therein.
Modified Kenney fails to explicitly disclose that the tapered portion has an angled tip of approximately 20 degrees.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide a tapered portion with an angled tip of approximately 20 degrees, since where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955), and MPEP 2144.05(II)(A). The motivation would have been to provide the tapered portion at an angle that that will be able to deflect the teeth of the circumferential grip ring in order to release the tube, while not having the angle be so high that the tube will not be able to pass through the release mechanism.
Regarding claim 7, modified Kenney discloses the device of claim 2. Modified Kenney further discloses that in a first deflection position, the plurality of teeth is positioned farther from the proximal end of the tube to hold the tube against the cylindrical holding mechanism; and in a second deflection position, the plurality of teeth is positioned closer to the proximal end of the tube to release the tube from the cylindrical holding mechanism (see Claim 2 above at Bobo teaching the claimed release mechanism in [0006], [0031]-[0032], see Figs. 2-4).
Regarding claim 8, modified Kenney discloses the device of claim 2. Modified Kenney further discloses that the release mechanism includes a bore such that the tube slidably extends through the bore (see Claim 2 above at Bobo teaching the claimed release mechanism in [0006], [0031]-[0032], see Figs. 2-4).
Regarding claim 10, modified Kenney discloses the device of claim 1. Modified Kenney further discloses that the tube is a hematocrit tube (the tube is not positively recited. Nevertheless, Kenney teaches a capillary tube, which is suitable as a hematocrit tube, in Col. 2 Ln. 28-Col. 3 Ln. 40, see Fig. 1 at capillary tube 13).
Regarding claim 11, modified Kenney discloses the device of claim 10. Modified Kenney further discloses that one end of the hematocrit tube is a straight unflared end (the tube is not positively recited. Nevertheless, Kenney teaches a capillary tube with one straight unflared end in Col. 2 Ln. 28-Col. 3 Ln. 40, see Fig. 1 at capillary tube 13).
Regarding claim 12, Kenney discloses a dispensing device for dispensing a fluid for testing (Col. 1 Lns. 5-13, see Fig. 1). The device comprises:
a handle assembly (Col. 2 Ln. 28-Col. 3 Ln. 40, see Fig. 1 at handle 17).
A cylindrical holding mechanism configured to support a tube whereby the tube is slidably moveable through the cylindrical holding mechanism (Col. 2 Ln. 28-Col. 3 Ln. 40, see Figs. 1, 5 at outer sleeve 71 and inner/ejector sleeve 37 and collet 31, which is connected to handle 17. The tube 13 is slidably movable through the holder).
The handle assembly is attached to one end of the cylindrical holding mechanism and includes at least a plunger configured to dispense the fluid contained in the tube (Col. 2 Ln. 28-Col. 3 Ln. 40, see Figs. 1, 5 at inner/ejector sleeve 37 and collet 31, which is connected to handle 17, and plunger 85).
Kenney fails to explicitly disclose:
a circumferential grip ring disposed in the cylindrical holding mechanism to create a differential resistive force at each side of the circumferential grip ring, the circumferential grip ring being adapted to move between a first position and a second position,
wherein, in the first position, the circumferential grip ring is positioned farther away from a proximal end of the tube to hold the tube against the cylindrical holding mechanism, and
wherein, in the second position, the circumferential grip ring is positioned closer to the proximal end of the tube to release the tube against the cylindrical holding mechanism.
Bobo is in the field of mechanisms for keeping cylindrical objects in place and releasing them as desired (Bobo; [0031]-[0032], see Fig. 2), and is therefore reasonably pertinent to the problem faced by the inventor. Bobo teaches a circumferential grip ring disposed in a cylindrical holding mechanism to create a differential resistive force at each side of the circumferential grip ring, the circumferential grip ring being adapted to move between a first position and a second position (Bobo; [0031]-[0032], see Figs. 2-4 at gripping ring 50, where when release ring 70 moves downwardly in direction A, the gripping ring tines 54 of gripping ring 50 spread outwardly to release a fluid conduit 11). In a first position, the circumferential grip ring is positioned farther away from a proximal end of a tube to hold the tube against the cylindrical holding mechanism (Bobo; [0031]-[0032], see Figs. 2-4 at gripping ring 50 having gripping ring tines 54, where in the initial position, gripping ring tines 54 grip fluid conduit 11). In a second position, the circumferential grip ring is positioned closer to the proximal end of the tube to release the tube against the cylindrical holding mechanism (Bobo; [0031]-[0032], see Figs. 2-4 at gripping ring 50 having gripping ring tines 54, where when release ring 70 moves downwardly in direction A, the gripping ring tines 54 of gripping ring 50 spread outwardly to release a fluid conduit 11). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Kenney with the teachings of Bobo so that the dispensing device comprises a circumferential grip ring disposed in the cylindrical holding mechanism to create a differential resistive force at each side of the circumferential grip ring, the circumferential grip ring being adapted to move between a first position and a second position, wherein, in the first position, the circumferential grip ring is positioned farther away from a proximal end of the tube to hold the tube against the cylindrical holding mechanism, and wherein, in the second position, the circumferential grip ring is positioned closer to the proximal end of the tube to release the tube against the cylindrical holding mechanism, since the use of a known technique of a circumferential grip ring that can move between a position to hold a tube and a position to release a tube as taught by Bobo to the known dispensing device that uses tubes of Kenney ready for improvement would have allowed for the facile securing and releasing of tubes from the dispensing device as desired by a user. The motivation would have been that Bobo teaches that a circumferential grip ring can be used to easily secure or release a tube from a device as desired (Bobo; [0006], [0031]-[0032], see Figs. 2-4).
Regarding claim 13, modified Kenney discloses the device of claim 12. Modified Kenney further discloses that the cylindrical holding mechanism further includes:
a first holding part for holding the tube within the first holding part (Kenney; Col. 2 Ln. 28-Col. 3 Ln. 40, see Figs. 1, 5 at outer sleeve 71).
a second holding part configured to engage with the first holding part (Kenney; Col. 2 Ln. 28-Col. 3 Ln. 40, see Figs. 1, 5 at inner/ejector sleeve 37 and collet 31).
Regarding claim 15, modified Kenney discloses the device of claim 12.
Modified Kenney fails to explicitly disclose a release mechanism, wherein the release mechanism cooperatively engages with the circumferential grip ring to release the tube from the cylindrical holding mechanism.
Bobo further teaches a release mechanism, where the release mechanism cooperatively engages with the circumferential grip ring to release the tube from the cylindrical holding mechanism. The release mechanism cooperatively engages with the circumferential grip ring to deflect a plurality of teeth formed in the circumferential grip ring. The release mechanism includes a tapered portion, where at least a portion of the tapered portion extends into an opening of the circumferential grip ring and engages with the plurality of teeth for deflection. The plurality of teeth moves radially outwardly when the tapered portion extends into the opening of the circumferential grip ring (Bobo; [0031]-[0032], see Figs. 2-4 at gripping ring 50 having gripping ring tines 54, where when release ring 70 moves downwardly in direction A, the gripping ring tines 54 of gripping ring 50 spread outwardly to release a fluid conduit 11. The release ring 70 has tapered locking tabs 74). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of modified Kenney with the further teachings of Bobo so that the device comprises a release mechanism, wherein the release mechanism cooperatively engages with the circumferential grip ring to release the tube from the cylindrical holding mechanism, in the second position, the release mechanism cooperatively engages with the circumferential grip ring to deflect a plurality of teeth formed in the circumferential grip ring, the release mechanism includes a tapered portion, whereby at least a portion of the tapered portion extends into an opening of the circumferential grip ring and engages with the plurality of teeth for deflection, and the plurality of teeth moves radially outwardly when the tapered portion extends into the opening of the circumferential grip ring. The motivation would have been that providing the claimed release mechanism in combination with the circumferential grip ring will allow for easily securing or releasing a tube from the device as desired (Bobo; [0006], [0031]-[0032], see Figs. 2-4).
Regarding claim 16, modified Kenney discloses the device of claim 15. Modified Kenney further discloses that, in the second position, the release mechanism cooperatively engages with the circumferential grip ring to deflect a plurality of teeth formed in the circumferential grip ring (see Claim 15 above at Bobo teaching the claimed release mechanism in [0006], [0031]-[0032], see Figs. 2-4).
Regarding claim 17, modified Kenney discloses the device of claim 16. Modified Kenney further discloses that the release mechanism includes a tapered portion, whereby at least a portion of the tapered portion extends into an opening of the circumferential grip ring and engages with the plurality of teeth for deflection (see Claim 15 above at Bobo teaching the claimed release mechanism in [0006], [0031]-[0032], see Figs. 2-4).
Regarding claim 18, modified Kenney discloses the device of claim 17. Modified Kenney further discloses that the plurality of teeth moves radially outwardly when the tapered portion extends into the opening of the circumferential grip ring (see Claim 15 above at Bobo teaching the claimed release mechanism in [0006], [0031]-[0032], see Figs. 2-4).
Regarding claim 19, modified Kenney discloses the device of claim 12. Modified Kenney further discloses that the tube is a hematocrit tube (the tube is not positively recited. Nevertheless, Kenney teaches a capillary tube, which is suitable as a hematocrit tube, in Col. 2 Ln. 28-Col. 3 Ln. 40, see Fig. 1 at capillary tube 13).
Regarding claim 20, modified Kenney discloses the device of claim 19. Modified Kenney further discloses that one end of the hematocrit tube is a straight unflared end (the tube is not positively recited. Nevertheless, Kenney teaches a capillary tube with one straight unflared end in Col. 2 Ln. 28-Col. 3 Ln. 40, see Fig. 1 at capillary tube 13).
Regarding claim 21, Kenney discloses a dispensing assembly for dispensing a fluid for testing (Col. 1 Lns. 5-13, see Fig. 1). The device comprises:
a tube having a first end and an opposed second end, the tube adapted to draw a fluid into the tube by virtue of capillary action (Col. 2 Ln. 28-Col. 3 Ln. 40, see Figs. 1, 5 at capillary tube 13).
A dispenser adapted to hold and release the tube (Col. 2 Ln. 28-Col. 3 Ln. 40, see Figs. 1, 5 at pipetter 11). The dispenser includes:
a handle (Col. 2 Ln. 28-Col. 3 Ln. 40, see Fig. 1 at handle 17).
A cylindrical holding mechanism attached to the handle, the cylindrical holding mechanism including:
an outer holding part adapted to hold the tube therein, the tube having a proximal end and a distal end (Col. 2 Ln. 28-Col. 3 Ln. 40, see Figs. 1, 5 at outer sleeve 71).
An inner holding part configured to engage with the outer holding part, wherein one end of the inner holding part is connected to the handle (Col. 2 Ln. 28-Col. 3 Ln. 40, see Figs. 1, 5 at inner/ejector sleeve 37 and collet 31, which is connected to handle 17). and
A plunger, disposed in the handle, configured to dispense the fluid contained in the tube (Col. 2 Ln. 28-Col. 3 Ln. 40, see Figs. 1, 5 at plunger 85).
Kenney fails to explicitly disclose:
a circumferential grip ring disposed between the outer holding part and the inner holding part to provide a differential resistive force at each side of the circumferential grip ring; and
that the tube extends through the inner holding part and the outer holding part.
Bobo is in the field of mechanisms for keeping cylindrical objects in place and releasing them as desired (Bobo; [0031]-[0032], see Fig. 2), and is therefore reasonably pertinent to the problem faced by the inventor. Bobo teaches a circumferential grip ring disposed between two compartments to provide a differential resistive force at each side of the circumferential grip ring (Bobo; [0006], [0031]-[0032], see Figs. 2-4 at gripping ring 50 having tines 54 for gripping fluid conduit 11, which is inserted past the gripping ring).A tube extends through the two compartments (although the tube is not positively recited, Bobo teaches a fluid conduit 11 that is tubular extending past a gripping ring 50 in [0006], [0031]-[0032], see Figs. 2-4. The fluid conduit can pass through first and second cartridges). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Kenney with the teachings of Bobo so that the dispensing device includes a circumferential grip ring disposed between the outer holding part and the inner holding part to provide a differential resistive force at each side of the circumferential grip ring, and that the tube extends through the inner holding part and the outer holding part, since the use of a known technique of a circumferential grip ring and a tube extending through inner and outer holding parts to secure and release cylindrical objects as taught by Bobo to the known dispensing device that uses tubes of Kenney ready for improvement would have allowed for the facile securing and releasing of tubes from the dispensing device as desired by a user. The motivation would have been that Bobo teaches that a circumferential grip ring can be used to easily secure or release a tube from a device as desired (Bobo; [0006], [0031]-[0032], see Figs. 2-4).
Claims 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kenney in view of Bobo as applied to claim 1-8, 10-13, and 15-21 above, and further in view of Zhang et al. (US Pub. No. 2021/0338983; hereinafter Zhang).
Regarding claim 9, modified Kenney discloses the device of claim 2, and all limitations recited therein.
Modified Kenney fails to explicitly disclose that the outer holding part includes a female connection configured to engage with a male connection of the inner holding part.
Zhang is in the analogous field of medical devices that hold a tube (Zhang; [0046]-[0047], see Fig. 1). Zhang teaches a first structure that has a female connection configured to engage with a male connection of a second structure (Zhang; [0050], see Figs. 3a-4 at male buckle housing 1232 and female buckle housing 1231). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of modified Kenney with the teachings of Zhang so that the outer holding part includes a female connection configured to engage with a male connection of the inner holding part, in order to fasten the outer holding part to the inner holding part (Zhang; [0050], see Figs. 3a-4 at male buckle housing 1232 and female buckle housing 1231).
Regarding claim 14, modified Kenney discloses the device of claim 13.
Modified Kenney fails to explicitly disclose that the second holding part includes a male connection cooperatively engaging with the first holding part that includes a female connection.
Zhang is in the analogous field of medical devices that hold a tube (Zhang; [0046]-[0047], see Fig. 1). Zhang teaches a first structure that includes a male connection cooperatively engaging with a second structure that includes a female connection (Zhang; [0050], see Figs. 3a-4 at male buckle housing 1232 and female buckle housing 1231). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of modified Kenney with the teachings of Zhang so that the second holding part includes a male connection cooperatively engaging with the first holding part that includes a female connection, order to fasten the first holding part to the second holding part (Zhang; [0050], see Figs. 3a-4 at male buckle housing 1232 and female buckle housing 1231).
Other References Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dudek et al. (US Pub. No. 2026/0160779; hereinafter Dudek) teaches a sampling device comprising an ejector and a plunger ([0006]-[0010], see Fig. 1).
Crompton et al. (US Pub. No. 2012/0284994; hereinafter Crompton) teaches a circumferential grip ring and a release mechanism ([0043], see Fig. 1 at fastening ring 18 having teeth 19 and release pusher 20).
Conclusion
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/JOHN MCGUIRK/Examiner, Art Unit 1798
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