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 Rejections - 35 USC § 103
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.
Claim(s) 54-66 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (7441650) in view of Barrows (US 20150173474 A1).
Tanaka discloses:
54. A contact lens package (figs 1-41, which includes figs 23-24 as well) comprising: a base (element adjacent 12) comprising: a base cavity (adjacent 32, 24) that houses a contact lens and packaging solution (16, 18); and a bowl that forms at least a portion of the base cavity (a portion of cavity such as at lower surface with a main portion and channel portion), the bowl comprising a main portion and a channel portion extending away from the main portion (portions adjacent 26, and also 124/126), the channel portion comprising a lens engagement surface (surface adjacent 124/126) configured to engage the contact lens and facilitate sliding of the contact lens out of the base cavity (capable of performing the above intended use); and a lid connected to the base, wherein the lid extends over and covers the base cavity when the package is in an unopened state (adjacent 14 as in fig 24 for example).
With respect to Applicant’s amendment of a ramp disposed between the channel portion and an end of the base that guides the contact lens from the base cavity to a user's finger, the Office notes that Barrows discloses similar art with respect to contact lens packages (figs 1-6) and also discloses the above features (adjacent 410, paragraph 62 capable of performing the above intended use). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Tanaka in view of Barrows (by providing a ramp extension to the existing structure or changing the shape thereof to include a ramp) in order to facilitate handling of the container such as to assist the user in gripping the container.
Tanaka discloses:
55. The contact lens package of claim 54, wherein the base cavity houses the contact lens such that a convex surface of the contact lens faces an internal surface of the base (fig 24, 24 includes the above as for example also shown in fig 2).
56. The contact lens package of claim 54, wherein the base cavity has an elongated shape defining a longitudinal axis of the base cavity, and wherein the channel portion extends away from the main portion in the direction of the longitudinal axis of the base cavity (fig 23).
57. The contact lens package of claim 54, wherein the channel portion has a first end adjacent the main portion and a second end disposed opposite the first end (end closest to adjacent 26 and end on other side such as on side of “112” for example).
58. The contact lens package of claim 54, wherein the channel portion extends away from the main portion toward an end of the base (as in fig 24 where portion adjacent 124/126 extends away from portion adjacent 26)).
59. The contact lens package of claim 58, wherein the second end of the channel portion is spaced apart from the end of the base (as in fig 24 where the end has space between channel portion).
60. The contact lens package of claim 59, wherein the base further comprises a ramp disposed between the second end of the channel portion and the end of the base such as sloped surface between end and channel, such as but not limited to adjacent 118).
61. The contact lens package of claim 57, wherein a depth of the channel portion decreases in a direction from the first end of the channel portion toward the second end of the channel portion (as in fig 24).
62. The contact lens package of claim 61, wherein a maximum depth of the channel portion is less than a maximum depth of the main portion (as in fig 24).
63. The contact lens package of claim 62, wherein a width of the channel portion decreases in a direction from the first end of the channel portion toward the second end of the channel portion (as in fig 23).
64. The contact lens package of claim 63, wherein a maximum width of the channel portion is less than a maximum width of the main portion (as in fig 23).
65. The contact lens package of claim 64, wherein the lid does not cover the base cavity when the package is in an opened state, such that the contact lens is accessible to a user through an opening of the base cavity when the package is in the opened state (capable of performing the above intended use, as for example when the deice is opened the lid would not cover and the contents can be accessed as intended).
66. The contact lens package of claim 65, wherein the base is substantially rigid, and wherein the lid is flexible (col. 15: 52-67, col. 17: 4-50).
Response to Arguments
Applicant's arguments with respect to the claims have been considered but are moot because in view of the amendment the search has been updated and a new rejection has been made.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735