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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE10 2021 125 990.8, filed on 10/07/2021.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-12 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention.
The instant invention is anticipated by Caggiano (US20220250054A1).
Regarding Claim 1, Caggiano teaches a method for producing a transport bag for transporting liquid samples (See the Abstract, the laminated packaging, and the Claim(s) 1-14 in [Col. 4 line 26 - Col. 5 line 40] in Fig. 1-5), the method comprising: placing two film layers, which are made of plastic (See how the laminated packaging material 2 comprises two outer imperforate layer 3 in [Col. 4 lines 25-38] in Fig. 5 and in claim(s) 3-6 and 14), one on top of the other and fused to one another thereby forming a weld seam such that an interior space is formed between the two film layers (See the peripheral edges 16 and the seal point 12 that forms an interior space in [Col. 4 lines 49-61], [Col. 5 lines 19-29] in Fig. 4-5 and in claim(s) 1-3);
applying a liquid or viscous carrier material (See the moisture absorbent material 4, the inner perforated layer 5, and the perforations 6 in [Col. 4 lines 25-38], [Col. 5 line 6] in Fig. 1-5), into which absorber particles are or will be mixed, to at least one of the two film layers before the two film layers are placed one on top of the other (See granular silica gel 14, i.e. absorber particles, in [Col. 4 line 45 - Col. 5 line 40 in Fig. 5 and in claim(s) 7-14); and
drying and/or cooling the carrier material with the absorber particles after the carrier material is applied, wherein the carrier material is sprayed or spattered or printed or knife coated or brushed on such that the carrier material is arranged at a distance from the weld seam (See the peripheral edges 16 and the seal point 12 that forms an interior space in [Col. 4 lines 49-61], [Col. 5 lines 19-40] in Fig. 4-5 and in claim(s) 1-3).
Regarding Claim(s) 2-6, Caggiano teaches the method limitation of instant claim 1.
Caggiano further teaches a method for producing a transport bag for transporting liquid samples (See the Abstract, the laminated packaging, and the Claim(s) 1-14 in [Col. 4 line 26 - Col. 5 line 40] in Fig. 1-5), wherein the carrier material is applied to the film layer such that it adheres peelably to the film layer (See in [Col. 4 lines 39-61] in Fig. 1-5 and in claim(s) 3, 9, and 13),
wherein the carrier material is arranged in an end region of the transport bag that faces away from an insertion opening through which the interior space of the transport bag is accessed (See the moisture absorbent material 4, the inner perforated layer 5, and the perforations 6 in [Col. 4 lines 25-38], [Col. 5 line 6] in Fig. 1-5);
wherein the carrier material comprises a curable plastic and/or an adhesive (See in claim(s) 3-6 and 14);
wherein the absorber particles are formed at least predominantly of at least one superabsorbent polymer (See granular silica gel 14, i.e. absorber particles, in [Col. 4 line 45 - Col. 5 line 40 in Fig. 5 and in claim(s) 1-14);
wherein the absorber particles are provided in a proportion of ≥ 30% by mass in the carrier material (Illustrated in Fig. 1-5).
Note that what is discussed in MPEP § 2144 VI. concerning the rearrangement of parts of a claimed invention in comparison to the prior art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). The method limitation "the carrier material is arranged in an end region of the transport bag that faces away from an insertion opening through which the interior space of the transport bag is accessed" does not change the function or the method process of a transport bag in comparison to the prior art.
Regarding Claim 7, Caggiano teaches a transport bag for transporting liquid samples, the transport bag (See the Abstract, the laminated packaging, and the Claim(s) 1-14 in [Col. 4 line 26 - Col. 5 line 40] in Fig. 1-5), comprising: a first film layer; a second film layer (See how the laminated packaging material 2 comprises two outer imperforate layer 3 in [Col. 4 lines 25-38] in Fig. 5 and in claim(s) 3-6 and 14),
the first film layer and the second film layer each made of a plastic and are arranged one on top of the other to form an interior space between the first and second film layers and are fused to one another thereby forming a weld seam (See the peripheral edges 16 and the seal point 12 that forms an interior space in [Col. 4 lines 49-61], [Col. 5 lines 19-29] in Fig. 4-5 and in claim(s) 1-3); and
an absorption device arranged in the interior space, the absorption device accommodating a liquid that is held on an inner side of at least one of the first or second film layers facing the interior space (See the moisture absorbent material 4, the inner perforated layer 5, and the perforations 6 in [Col. 4 lines 25-38], [Col. 5 line 6] in Fig. 1-5),
wherein the absorption device has absorber particles that are arranged on and/or in a carrier material (See granular silica gel 14, i.e. absorber particles, in [Col. 4 line 45 - Col. 5 line 40 in Fig. 5 and in claim(s) 7-14); and
wherein the carrier material is a cured plastic and/or adhesive that is sprayed or spattered or printed or knife coated or brushed onto the at least one film layer, wherein the absorber particles are mixed and/or embedded, and wherein the carrier material is arranged at a distance from the weld seam (See the peripheral edges 16 and the seal point 12 that forms an interior space in [Col. 4 lines 49-61], [Col. 5 lines 19-40] in Fig. 4-5 and in claim(s) 1-14).
Regarding Claim(s) 8-11, Caggiano teaches the method limitation of instant claim 7.
Caggiano further teaches a method for producing a transport bag for transporting liquid samples (See the Abstract, the laminated packaging, and the Claim(s) 1-14 in [Col. 4 line 26 - Col. 5 line 40] in Fig. 1-5), wherein the carrier material is applied to the film layer such that it adheres peelably to the film layer (See in [Col. 4 lines 39-61] in Fig. 1-5 and in claim(s) 3, 9, and 13)
wherein the carrier material is arranged in an end region of the transport bag that faces away from an insertion opening through which the interior space of the transport bag is accessed (See the moisture absorbent material 4, the inner perforated layer 5, and the perforations 6 in [Col. 4 lines 25-38], [Col. 5 line 6] in Fig. 1-5);
wherein the absorber particles are formed at least predominantly of at least one superabsorbent polymer (See granular silica gel 14, i.e. absorber particles, in [Col. 4 line 45 - Col. 5 line 40 in Fig. 5 and in claim(s) 1-14);
wherein the absorber particles are provided in a proportion of ≥ 30% by mass in the carrier material (Illustrated in Fig. 1-5).
Regarding Claim 12, Caggiano teaches the method limitation of instant claim 1.
Caggiano further teaches a method for producing a transport bag for transporting liquid samples (See the Abstract, the laminated packaging, and the Claim(s) 1-14 in [Col. 4 line 26 - Col. 5 line 40] in Fig. 1-5), wherein the liquid samples include blood, urine, or tissue samples (See in [Col. 2 line 61 - Col. 4 line 2] and the Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITNEY N. WASHINGTON whose telephone number is (703)756-5959. The examiner can normally be reached Monday-Friday 9:00am - 5:30pm CT.
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/BRITNEY N. WASHINGTON/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797
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