DETAILED ACTION
Election/Restrictions
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/17/25.
Applicant's election with traverse of species in the reply filed on 11/17/25 is acknowledged. The traversal is on the ground(s) that the search and examination of all species can be performed without serious burden. This is not found persuasive because the prior art applicable to one species would not likely be applicable to another species; and/or the species are likely to raise different prior art issues.
The requirement is still deemed proper and is therefore made FINAL.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being disclosed by Lee (11,406,566).
Lee discloses the invention including:
Claim 1; a tube-receiving cavity (the area where the cutting surface is located); a tube-engaging surface 21 that extends into the tube-receiving cavity; and an actuator 40 configured to move the tube-engaging surface between a retracted position and an extended position, a first amount (e.g., see Fig. 8) of the tube-engaging surface extending into the tube-receiving cavity in the retracted position, a second amount (e.g., see Fig. 9) of the tube-engaging surface extending into the tube-receiving cavity in the extended position, the second amount being greater than the first amount (e.g., see Fig. 8-9).
Claim 2; wherein the tube-engaging surface has a c-shape, and a concave portion of the c-shape faces the tube-receiving cavity (e.g., see Fig. 7).
Claim 3; wherein the tube opening device further includes: an arm 30 that connects the tube-engaging surface and the actuator.
Claim 4; wherein the actuator is a linear-motion actuator (see Fig. 9, the arrows indicate a liner motion caused by the actuator 40).
Claim 5; wherein the actuator is coupled to a mounting base and the tube opening device further includes: a lid 40 that is movable relative to the mounting base between an open position and a closed position, in the open position the tube-receiving cavity is accessible (see Fig. 4), in the closed position access to the tube-receiving cavity is blocked (see Fig. 10).
Claim 6; wherein the lid is configured/capable to apply a pressure to a tube (when the tube diameter size is larger or equal to the distance (see Fig. 10) between the cutting surface and the lid 40) received by the tube-receiving cavity.
Allowable Subject Matter
Claims 7-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR FLORES SANCHEZ whose telephone number is (571)272-4507. The examiner can normally be reached Monday thru Thursday8:00-4:00 pm.
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/OMAR FLORES SANCHEZ/Primary Examiner, Art Unit 3724
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