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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 5/28/2025 and 10/06/2025 are being considered by the examiner.
Claim Interpretation
With respect to “hollow cylindrical shape” (claim 1, lns. 3, 4 and 7), the term “cylindrical shape” conventionally implies the shape of a cylinder, which has a constant diameter. However, it appears that the Applicant is using the term “hollow cylindrical shape” in a broader sense that encompasses cylinder-adjacent shapes with reducing diameter in a single direction as indicates in claim 1 (lines 3-6) and in the specification (paras. 0022, 0026 and 0030 and Figs. 1 and 2). In view of the disclosure, the application is examined with “cylindrical shape” is being as interpreted as (in addition to the shape of a cylinder) tapered round hollow shapes.
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 7 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.
Claim 7 recites the limitation " wherein an attachment portion …is provided at an end portion of a proximal end side of the main body portion " in lines 1-3. It is unclear whether the “attachment portion” is a part of the invention because “is provided” is used. For the purpose of the examination, an attachment potion is being interpreted as positively recited (Figs. 1 and para. 0022). If the applicant intends for the “attachment portion” to be positive, the examiner suggests that the limitation explicitly recites the pipette comprises or includes an “attachment portion.”
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanner (US2009158861A)(provided by the Applicant’s IDS of 10/06/2025).
Regarding claim 1, Tanner teaches a pipette comprising:
a main body portion (the portion of 16 above seam 22 and below 24)(annotated Fig. A) having a hollow cylindrical shape (see claim interpretation above);
a tapered portion (18 and a portion of part 12, see annotated Fig. A) having a hollow cylindrical shape (annotated Fig. A, para. 0027)(see claim interpretation above), extending further than a distal end (22) of the main body portion in a distal direction, and having an inner diameter of a proximal end that is less than or equal to an inner diameter of the distal end of the main body portion and an inner diameter decreasing in the distal direction (annotated Fig. A and paras. 0027-0028, the inner diameter at any position of the tapered potion is less than or equal to the inner diameter at 22); and
a distal end portion (the portion of the pipette 10 from opening 20 and up 60 mm toward the direction of 24 is destinated to be the distal end portion)(see annotated Fig. A) having a hollow cylindrical shape (see claim interpretation above), extending from a distal end of the tapered portion in the distal direction (annotated Fig. A), and having an inner diameter (the inner diameter of part 14 at the position where the inner diameter is 3.5 mm. Para. 0027, the inner diameter of part 14 decrease from 11.38 mm to 2.75 mm, and thus there is a position at which the inner diameter is 2.75 mm in part 14) that is less than or equal to an inner diameter of the distal end of the tapered portion (the inner diameter of 3.5 mm is less than the inner diameter of the distal end of the tapered portion which is around 17.5 mm, Fig. 1).
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Figure A. Annotated Fig. 1 of Tanner.
Regarding claim 2, Tanner teaches all of the elements of the current invention as stated above with respect to claim 1. Tanner further teaches wherein the inner diameter of the distal end portion is within a range of 3.0 mm or more and 3.5 mm or less (the inner diameter is 3.5 mm, see claim 1).
Regarding claim 3, Tanner teaches all of the elements of the current invention as stated above with respect to claim 1. Tanner further teaches wherein a length of the distal end portion along the distal direction is within a range of 25 mm or more and 60 mm or less (the portion of the pipette 10 from opening 20 up 60 mm toward the direction of 24 is destinated to be the distal end portion, and thus the distal end portion has a length of 60 mm).
Regarding claim 4, Tanner teaches all of the elements of the current invention as stated above with respect to claim 1. Tanner further teaches wherein a taper angle of the tapered portion is 40 degrees or less (para. 0027, 0.2 degrees).
Regarding claim 5, Tanner teaches all of the elements of the current invention as stated above with respect to claim 1. Tanner further teaches wherein the inner diameter of the proximal end of the tapered portion is 7.0 mm or more (para. 0028 and Fig. 1, inner diameter at the proximal end of tapered portion is ~17.5 mm).
Regarding claim 6. Tanner teaches all of the elements of the current invention as stated above with respect to claim 1. Tanner further teaches wherein a capacity of the pipette is within a range of 10 ml or more and 100 ml or less (Fig. 2 and para. 0030).
Regarding claim 7, Tanner teaches all of the elements of the current invention as stated above with respect to claim 1, wherein an attachment portion (24) to which an electric intake and exhaust device can be attached is provided at an end portion of a proximal end side of the main body portion (annotated Fig. A, suction nozzle 24 is provide at an end portion of a proximal end side of the main body portion. The limitation “to which an electric intake exhaust device can be attached” is interpreted as an intended use. suction nozzle 24 meets the structural limitation of the intended use).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cadotte et al. (US 20180280966 A1) teach a pipette with a main body portion (14), a tapered portion (21) and a distal end portion (16) with an inner diameter between 1 to 4 mm. Corning life Sciences (NPL, YouTube, Falcon Individually Wrapped Serological Pipet 100 mL. https://www.youtube.com/watch?v=We_ihqYv-2w, at 6 sec) teaches a pipette with a main body portion, a tapered portion and a distal end portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAY CHIU whose telephone number is (571)272-1054. The examiner can normally be reached 9 am - 5 pm.
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, Maris Kessel can be reached at 571-270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.L.C./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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