DETAILED ACTION
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 .
Status of Claims
There are two (2) sets of claim submitted on 19 APRIL 2024. The claim set considered is the claim set with status identifiers.
In the claim set, Claims 1-15 are ‘Currently Amended’ and Claims 16-17 are ‘New’.
Current pending claims are Claims 1-17 and are considered on the merits below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 19 APRIL 2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
At the end of the paragraph on page 9 line 18, there is an extra period (.).
Appropriate correction is required.
Claim Objections
Claim 17 is objected to because of the following informalities: There is a period missing at the end of the claim. Appropriate correction is required.
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.
Claim 17 is 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.
It is unclear to the Examiner what is actually being further claimed as it does not further define Claim 15. It appears the Claim 17 merely recites the ‘pressing’ step is performed, but it is performed in Claim 15 already. Clarification is requested.
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.
Claims 1-10, 14, 15 and 17 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by EZZINA, US Publication No. 2018/0370690 A1, submitted on the Information Disclosure Statement on 19 APRIL 2024; US Patent Application Publications.
Applicant’s invention is directed towards a device, a sample tube.
Regarding Claim 1, the reference EZZINA discloses a sample tube, Figure 2a, 2b, comprising:
a bottom portion , Figure 2a, 2b, edge 10, [0074],
a tubular portion , Figure 2a, chamber 11, [0076, 0077], and
an opening portion, Figure 2a, upper side of chamber 11 and valve 12, [0077], wherein the opening portion comprises a foldable structure configured to be foldable in a predetermined manner from an open state into a closed state, Figure 2b, 4b, flap 16 can be folded, [0085-0087, 0095].
Additional Disclosures Included are: Claim 2; wherein the sample tube of claim 1, wherein the closed state is a self-locked closed state, Figure 4b, [0095, 0096], flaps 16 for closing the top providing a hermetic closing.; Claim 3: wherein the sample tube of claim 1, wherein the foldable structure is configured to be folded from the open state to the closed state upon application of at least a radial inward force and at least an axial inward force to at least a portion of the foldable structure, [0085-0087, 0095, 0096].; Claim 4: wherein the sample tube of claim 1, wherein an axial extension of the foldable structure is larger than a radius of the tubular portion, Figure 4b, 5b, see flaps 16 rises above line 18, [0088].; Claim 5: wherein the sample tube claim 1, wherein the foldable structure comprises grooves (42; 44; 46) defining folding lines of the foldable structure in the closed state, Figure 4b, [0096], flap 16 have grooves 21.; Claim 6: wherein the sample tube of claim 5, wherein the grooves are formed on an outer circumferential surface of the opening portion and/or on an inner circumferential surface of the opening portion, Figure 4b, [0096]. ; Claim 7: wherein the sample tube of claim 5, wherein the grooves comprise: a circumferential groove, Figure 2a, 2b, top of deformed portion 14 and bottom of rigid portion 17 , connection portion, is a circumferential groove, a plurality of axial grooves, Figure 2b, axial grooves can be seen in the vertical part of flap 16,
PNG
media_image1.png
216
392
media_image1.png
Greyscale
, Figure 2a,
PNG
media_image2.png
285
527
media_image2.png
Greyscale
, extending axially between the circumferential groove and an axial free end of the opening portion, Figure 2a, 2b, and a plurality of oblique grooves, Figure 2b,
PNG
media_image3.png
364
529
media_image3.png
Greyscale
extending obliquely between the circumferential groove and the axial free end of the opening portion, wherein optionally, the circumferential groove, the axial grooves and/or the oblique grooves are connected. Since the claim language recites ‘optionally’ it is interpreted by the Examiner that the circumferential groove, axial grooves and/or the oblique grooves are not connected. ; Claim 8: wherein the sample tube of claim 1, wherein in the closed state, a plurality of substantially symmetrical folding sections are radially folded inward, Figure 4b, 5b. ; Claim 9: : wherein the sample tube of claim 1, wherein the foldable structure is formed integrally with the opening portion , [0072].; and Claim 10: wherein the sample tube of claim 1,wherein the sample tube is configured to be closable with a separate cap member or plug member when in the open state, Figure 1, container 2 closes the tube.
Applicant’s invention is directed towards a method.
Regarding Claim 14, the EZZINA reference discloses a method closing a sample tube, abstract, [0008], the method comprising the steps of:
- providing the sample tube , Figure 2a, 2b, , the sample tube having a foldable structure, Figure 2b, 4b, flap 16 can be folded, [0085-0087, 0095-0096], at an opening portion, Figure 2a, upper side of chamber 11 and valve 12, [0077];
- radially pressing at least a portion of the foldable structure radially inwards, Figure 4a, 4b, [0095-0096] ; and
- axially pressing at least a portion of the foldable structure axially inwards into a closed state, [0096].
Additional Disclosure Included is: Claim 15: wherein the method for closing a sample tube according to claim 14, the method comprising the step of:
- pressing at least a portion of the foldable structure in a direction between a radial inward direction and a circumferential direction of the sample tube, [0095-0098], Figure 4a, 4b, 5a, 5b. ; and Claim 17: wherein the method of claim 15, wherein the step of pressing the portion of the foldable structure in the direction between the radial inward direction and the circumferential direction of the sample tube is performed, [0095-0098], Figure 4a, 4b, 5a, 5b.
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.
Claim 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over EZZINA, US Publication No. 2018/0370690 A1, submitted on the Information Disclosure Statement on 19 APRIL 2024; US Patent Application Publications, and further in view of NAGY, US Patent 4,817,832 A, submitted on the Information Disclosure Statement on 19 APRIL 2024; Foreign Patent Document (This application is actually a US Patent.)
Regarding Claim 11, the reference EZZINA discloses the claimed invention, but is silent in regard to wherein the sample tube of claim 10 includes an outer circumferential surface of the opening portion includes a thread, such that the sample tube is configured to be closable with a threaded cap member.
The NAGY reference discloses a sample tube, Figure 1, neck portion 12, Column 4 line 1-40, comprising: a bottom portion, Figure 1 and 4, container 10, Column 4 line 1-2, a tubular portion, Figure 1, length of neck portion 12, Column 4 line 1-13, and an opening portion, Figure 1 and 4, opening 14 or 38, Column 4 line 1-13, Column 5 line 53, wherein the opening portion comprises a foldable structure configured to be foldable in a predetermined manner from an open state into a closed state, Figure 1 and 4, covering 40, Column 6 line 15-28, and is configured to be closable with a separate cap member or plug member when in the open state, Figure 1 and 4, cap or lid 44, Column 6 line 29-52, and wherein an outer circumferential surface of the opening portion includes a thread, Figure 1 and 4, threaded portion 16, such that the sample tube is configured to be closable with a threaded cap member, Figure 4, Column 6 line 29-52.
It would be obvious to one having ordinary skill in the art before the effective filing date to modify the claimed invention of EZZINA with the threaded cap member as taught by NAGY to ensure a secure mate with the tube to prevent any spillage or contamination of the contents.
Applicant’s invention is directed towards a device, a sample tube closing device.
Regarding Claim 12, the EZZINA reference disclose the sample tube according to claim 1. EZZINA, however, is silent in regards to the closing device for closing the sample tube.
The NAGY reference discloses a sample tube closing device for closing a sample tube, the sample tube closing device comprising: a pressing element configured such that upon operation of the sample tube closing device, at least a portion of the foldable structure (41) is first radially pressed inwards and subsequently at least partially pressed inwards axially to fold the foldable structure into the closed state, Figure 1-4, resilient covering 40 made of helically formed member 24 , Column 5 line 1-12, Column 6 line 3-52.
It would be obvious to one having ordinary skill in the art before the effective filing date to modify the claimed invention of EZZINA with the closing device as taught by NAGY that will permit the individual wraps or turns which make up helically formed member maintain the normally collapsed helical condition when not in use, Column 5 line 9-13.
Additional Disclosure Included is: Claim 13: wherein the sample tube closing device of claim 12, wherein the sample tube closing device is operated by an axial displacement and/or a rotational displacement with respect to the sample tube, Figure 1-4, resilient covering 40 made of helically formed member 24 , Column 5 line 1-12, Column 6 line 3-52.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over EZZINA, US Publication No. 2018/0370690 A1, EZZINA, US Publication No. 2018/0370690 A1, submitted on the Information Disclosure Statement on 19 APRIL 2024; US Patent Application Publications.
Regarding Claim 16, the EZZINA reference discloses the claimed invention, but is silent in regards to wherein the number of folding sections is four.
While EZZINA teaches the number of folding section is 2, Figure 2b, 4b, the selection the number of folding section to be four is a matter of design choice. The instant specification is silent in regards to the criticality of the four folding sections. Therefore, it would be obvious to one having ordinary skill in the art before the effective filing date to modify the number of folding sections to be four since the claimed configuration is a routine variant of prior art, and it lacks a functional or technical advantage beyond what was already known. In addition, the instant specification has not shown the specific design element is critical and therefore the number of folding sections is merely a design choice. MPEP § 2144.04.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T MUI whose telephone number is (571)270-3243. The examiner can normally be reached M-Th 5:30 -15:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LYLE ALEXANDER can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
CTM
/CHRISTINE T MUI/Primary Examiner, Art Unit 1797
Prosecution Insights