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 .
Election/Restrictions
Applicant’s election without traverse of Species A in the reply filed on 7/10/26 is acknowledged.
Claims 20-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/10/26.
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.
Claims 1-19 are 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. In claim 1, the recitation on lines 6-12 is not clear as to what exactly is being claimed. The recitation of “the inner surfaces of the sample gathering end portion or of the coupling end portion or both” is not clear since it cannot be determined the metes and bounds of the recitation. Since the claim recites including both a coupling end portion and a sample gathering portion, wouldn’t both their inner surfaces define a sample containing space? Also, on lines 9-12, should there be an “or” after “the sample gathering end portion”? Further, claims 2 and 3 appear to contradict the recitation of claim 1 indicating the “reversibly detachable” feature. In claims 6 and 7, on line 4, it is unclear how the cylindrical cap is engageable on the inner surface of the coupling end portion since it is part of the coupling end portion. Claims 4, 5 and 8-19 are rejected based on their dependency on claim 1.
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.
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.
Claim(s) 1-5 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sawchuk-US Patent # 5,307,695. As to claim 1 as best understood, Sawchuk discloses a water sampling unit (1) including a sample gathering end portion (top component 3) having a wall (9) with an inner surface (threaded portion 6) and an outer sample gathering surface (uppermost surface) with one or more apertures (10) communicating therebetween; a threaded end portion (threaded portion 5) having a wall with an inner surface and an outer coupler surface (threading 5); and a sample canister (bottom 2) having a wall with inner (near apertures 7) and outer wall (see outside of bottom 2) surfaces extending between and connecting with the end portions (component 3 and near thread 5) along a central axis, wherein the inner canister wall surface (near 7), and the inner surfaces of the sample gathering end portion (component 3) or of the coupling end portion (threaded portion 5) define an inner sample-containing space (see fig. 2 inside of unit 1 with bottles 11), and wherein the sample gathering end portion, the coupling end portion, or both are configured to be reversibly detachable (via threads 5 and 6) from the sample canister (bottom 2) to provide a respective first sample canister open end (as in fig. 2), a second sample canister open end (openings/apertures 7 as in fig. 4, or both (as in fig. 3), to provide access to the sample containing space, see figs. 1-4 and col. 3, lines 5 et seq. Further, it is noted that the bottom 2 is not defined as a sample canister, per se. However, it contains the sample bottles 11 and therefore could be designated as a sample canister as a matter of design choice and would have been obvious to one of ordinary skill in the art at the time of filing since it is a container for the sample within the sample bottles. As to claim 2, the coupling end portion (see fig. 2 where the threaded end) is integral with the sample canister (bottom 2), and not reversibly detachable. As to claim 3, the sample gathering end portion (if designated as including the top half of bottom 2) is integral with the sample canister, and not reversibly detachable. As to claims 4 and 5, the sample gathering end portion (component 3) is reversibly detachable (via threads) and comprises a cylindrical cap (see fig. 1 depiction showing the component 3 in the form of a cylindrical cap) having an open end (bottom) defined by an open-end lip (at thread 6), an end (top surface) having the sample gathering surface (at apertures 7/8), and first threads (6) configured in the wall between the sample gathering surface and the open-end lip and engageable on the inner surface of the sample gathering end portion, wherein the sample canister (bottom 3 in fig. 2) is cylindrical having a first open end (at top near thread 5) defined by a first rim (at thread 5), and second threads (6) complementary to the first threads (5) and configured in the canister wall between the first rim and a sealing lip positioned on the outer canister wall surface to provide a seat for the open-end lip of the sample gathering end portion when attached to the sample canister. As to claim 13, see the seat as formed in fig.1 and 3. As to claim 14, note the glass sample bottles 11.
Claim(s) 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over CN-111157275 (Gao et al), see translation. As to claim 1, as best understood, Gao et al disclose a soil sampling device comprising a sample gathering end portion (cutter 1) having a wall (body 11) with an inner surface and an outer sample gathering surface (cutter head 12) with one or more apertures (in the head 12) communicating therebetween; an end portion (filter cover 5 coupling the handle 15) having a wall with an inner surface (with coupling 13) and an outer coupler surface (threads); and a sample canister (sample tube 3) having a wall with inner and outer wall surfaces (with projections 9) extending between and connecting with the end portions along a central axis, wherein the inner canister wall surface,
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and the inner surfaces of the sample gathering end portion or of the coupling end portion, or both define an inner sample-containing space (with inner tube 10), and wherein the sample gathering end portion, the coupling end portion, or both are configured to be reversibly detachable (via threads) from the sample canister (tube 3) to provide a respective first sample canister open end, a second sample canister open end, or both, to provide access to the sample containing space, see fig. 3 and translation. Further, it is noted that the filter cover 5 is not designated as a “coupling” end portion. However, it is noted that the cover 5 does “couple” to the handle 15 via the convex head 8. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to have designated the filter cover 5 as a “coupling” end portion as a matter of design choice since the cover couples the handle to the sampler. As to claims 2 and 3, note the fig. 2 embodiment appears to depict an integral coupling end portion cover 5 as well as an integral sample gathering portion (cutter 1). It is also noted that to make integral is a known alternative to make separable as a matter of design choice. As to claims 4 and 5, the sample gathering end portion (cutter 1) is reversibly detachable (via inner screw) and comprises a cylindrical cap (see fig. 3) having an open end defined by an open-end lip (around threading), an end having the sample gathering surface (cutter head 12), and first threads configured in the wall (inner screw) between the sample gathering surface and the open-end lip and engageable on the inner surface of the sample gathering end portion, wherein the sample canister (tube 3) is cylindrical having a first open end (bottom end) defined by a first rim (near bottom threads), and second threads (see fig. 3) complementary to the first threads and configured in the canister wall between the first rim and a sealing lip (gasket 4) positioned on the outer canister wall surface to provide a seat for the open-end lip of the sample gathering end portion when attached to the sample canister. It is noted that Gao et al disclose the cutter head as including inner threads and the tube including outer threading as opposed to the reverse as claimed. However, it would have been obvious to one of ordinary skill in the art at the time of filing that both expediencies are design alternatives such that the substitution of one with the other is considered an obvious matter of design choice. As to claims 6 and 7, as best understood, wherein the coupling end portion (head 8) is reversibly detachable and comprises a cylindrical cap (see fig. 3) having a closed end (top), an open end(bottom), and third threads (first attachment members, see threads fig. 3)) configured therebetween in the coupling end wall and engageable on the inner surface (see upper threads of tube 3) of the coupling end portion, and wherein the sample canister has fourth threads (second attachment members) complementary to the third threads (first attachment members) and configured on the canister wall, and engageable on the outer canister wall surface, at a distance from the second open end sufficient to provide for reversible attachment of the coupling end portion. As to claims 8 and 9, the sample canister (tube 3) has the first and the second sample canister open ends (see fig. 3), and wherein both the sample gathering end portion (1) and the coupling end portion (5) are configured to be reversibly detachable from the sample canister via the threads. As to claims 10-11, the coupling end portion (cover 5) is configured to provide a mechanical coupling between an actuator (handle 15) device and the coupling end portion (cover 5), see figs. 2 and 3 showing both the integral and separable embodiments. As to claim 12, see the discussion above and further note to reverse the threading on the canister and coupler is considered an obvious matter of design choice to one of ordinary skill in the art at the time of invention as known alternatives for securing. As to claim 13, note the depiction of fig. 3 illustrates rim and seat on the tube 3 for the cutter 1. As to claim 14, note the inner tube 10 for lining. As to claim 15, note the cutter head 12 is on a flat surface where the opening includes cutting protrusions (cutter head 12), see figs. 1-3. As to claim 16, note the surface is flat with circular edge and blades (on cutter head 12) around the sampling hole and configured to cut a sample. As to claim 17, the cutter head is outwardly raised and define a circular cutting edge around the circular edge of body 11. As to claim 18, the cutter head blades appear to be beveled and the circular aperture being centered around the central axis. As to claim 19, the sample gathering surface includes multiple blades or beveled portions each at a “different angle” (circumferential angles) with respect to the central axis.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NASHMIYA FAYYAZ whose telephone number is (571)272-2192. The examiner can normally be reached Monday-Thursday.
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NF
Examiner
Art Unit 2855
/N.S.F/Examiner, Art Unit 2855
/LAURA MARTIN SWEENEY/Supervisory Patent Examiner, Art Unit 2855
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