Notice of 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
Claims 16-20,36-40 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/08/2026.
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 1-15 and 21-35 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.
Claim 1 recites the limitation "the lid" “the tool”, “the contact lens package”, “the removal”. There is insufficient antecedent basis for these limitations in the claim.
Claim 9 recites the limitation "the lid" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the user" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 34 recites the limitation "the device" “the package” and “the bottom housing” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 5,9,14,15,21,29,31 and 35 recite “the tool” instead of “the dexterity tool” There is insufficient antecedent basis for this limitation in the claims.
Claims 8,21, and 28 recite “the top housing” instead of “the top clamshell housing” There is insufficient antecedent basis for this limitation in the claims.
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.
(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) 1-15 and 21-35 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Tokarski et al. US 2010/0187140 (hereinafter Tokarski).
Regarding claim 1, Tokarski discloses a dexterity tool for removing the lid of a hermetically sealed contact lens package, the tool comprising: a housing (20) which clamps down on the contact lens package to aid in the removal of the lid from the contact lens package (lid 22 which encloses an inner package area 30 of a contact lens 27; par 0017; figs 2-4).
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Regarding claim 2, Tokarski discloses the dexterity tool of claim 1 wherein the housing comprises: a top clamshell housing hingedly attached to a bottom clamshell housing (top clam shell 29, attached to bottom clamshell 23; par 0017-0018).
Regarding claim 3, Tokarski discloses the dexterity tool of claim 2 further comprising: a movable jaw (24) positioned on the top clamshell housing; and a fixed jaw (side walls 21) positioned on the bottom clamshell housing (23; fig.4; par 0017-0018).
Regarding claim 4, Tokarski discloses the dexterity tool of claim 3 wherein: the movable jaw is an arch (movable jaw 24 is position on rounded clamshell 29 to at least a portion of the position forms an arch into the inner cavity; fig 3-4).
Regarding claim 5, Tokarski discloses the dexterity tool of claim 1 further comprising: an opening in the top clamshell housing which allows access to the lid while the tool is in a closed position (when lid 22 is opened there’s access to the contact lens 27; par 0017-0018).
Regarding claim 6, Tokarski discloses the dexterity tool of claim 1 further comprising: a bowl cavity (cavity 26 of bottom 23) positioned within the bottom clamshell housing (figs 3-4; par 0017-0018).
Regarding claim 7, Tokarski discloses the dexterity tool of claim 6 further comprising: a platform (25) surrounding the bowl cavity (flange 25 surrounds cavity 26; par 0017; figs 3-4).
Regarding claim 8, Tokarski discloses the dexterity tool of claim 2 wherein: a proximal portion of the top housing is flat and a distal portion of the top housing is rounded (see fig 3; the upper or distal portion is rounded, and the proximal portion that lays over the contact cavity is flat).
Regarding claim 9, Tokarski discloses a dexterity tool for removing the lid of a contact lens package, the tool (20) comprising: a movable jaw (24) which moves towards a fixed jaw (30) to clamp the contact lens package between the movable jaw and fixed jaw during removal of the lid (lid 22 which encloses an inner package area 30 of a contact lens 27; par 0017; figs 2-4).
Regarding claim 10, Tokarski discloses the dexterity tool of claim 9 wherein: the movable jaw (24) extends from a top clamshell housing (top clam shell 29, attached to bottom clamshell 23; par 0017-0018).
Regarding claim 11, Tokarski discloses the dexterity tool of claim 9 wherein: the fixed jaw is positioned on a bottom clamshell housing (cavity 26 of bottom 23; figs 3-4; par 0017-0018).
Regarding claim 12, Tokarski discloses the dexterity tool of claim 10 further comprising: a bottom clamshell housing hingedly attached to the top clamshell housing (fig.4; top clam shell 29, attached to bottom clamshell 23; par 0017-0018).
Regarding claim 13, Tokarski discloses the dexterity tool of claim 9 wherein: a user can grasp the lid (22) of the contact lens package (20) while the contact lens package is clamped between the movable jaw and fixed jaw (can be grasped and controlled by holding at flange 25; par 0017; figs 3-4).
Regarding claim 14, Tokarski discloses the dexterity tool of claim 10 wherein: the lid is uncovered by the top clamshell housing when the tool is closed (par 0017-0018; figs 3-4).
Regarding claim 15, Tokarski discloses the dexterity tool of claim 9 wherein: when the tool is placed in a closed position the user has more control over the contact lens package while removing the lid (can be grasped and controlled by holding at flange 25; par 0017; figs 3-4).
Regarding claim 21, Tokarski discloses a dexterity tool for opening a contact lens package (20) to remove a contact lens (27) inside, the tool comprising: a top clamshell housing (29) comprising; a movable jaw (24) connected to the top clamshell housing (29); and an opening in the top clamshell housing (top of cavity 26; fig.4); and a bottom clamshell housing (23) hingedly attached to the top clamshell housing so that the top housing hinges about a hinge axis relative to the bottom clamshell housing (hinge shown between figures 3 and 4, open and closed), the bottom clamshell housing (23) comprising; a bowl cavity (26) positioned within the bottom clamshell housing (figs 3-4); a platform (flange 25) surrounding the bowl cavity (flange 25 surrounds cavity 26; par 0017; figs 3-4); and a fixed jaw (side walls 21) connected to the platform (25) such that when the tool is placed in a closed position the contact lens package is sandwiched in between the movable jaw (24) and the fixed jaw (fig 3; par 0017-0018).
Regarding claim 22, Tokarski discloses the dexterity tool of claim 21 wherein: the opening comprises a proximal width located at a proximal end of the top clamshell housing, and a distal width located at a distal end of the top clamshell housing (see fig 4; at least a portion of the proximal end and distal ends have different widths; par 0017).
Regarding claim 23, Tokarski discloses the dexterity tool of claim 22 wherein: the distal width is larger than the proximal width (see fig 4; at least a portion of the proximal end and distal ends have different widths which is interpreted as the distal width being larger than the proximal width; par 0017).
Regarding claim 24, Tokarski discloses the dexterity tool of claim 21 wherein: the movable jaw is an arch (movable jaw 24 is position on rounded clamshell 29 to at least a portion of the position forms an arch into the inner cavity; fig 3-4).
Regarding claim 25, Tokarski discloses the dexterity tool of claim 21 further comprising: an aperture sized to accept a portion of the contact lens package (contact 27 sits inside cavity 26; figs 3-4; par 0017-0018).
Regarding claim 26, Tokarski discloses the dexterity tool of claim 25 wherein: the aperture comprises one or more holes within the platform (see fig 3 which shows 3 divided portions interpreted as one or more holes).
Regarding claim 27, Tokarski discloses the dexterity tool of claim 25 wherein: the aperture is placed between the bowl cavity (26) and the hinge axis (fig.4; par 0018)
Regarding claim 28, Tokarski discloses the dexterity tool of claim 21 wherein: a proximal portion of the top housing is flat and a distal portion of the top housing is rounded (see fig 3; the upper or distal portion is rounded, and the proximal portion that lays over the contact cavity is flat).
Regarding claim 29, Tokarski discloses a dexterity tool for opening a contact lens package having a bowl (26), a deck (25), and at least one tab extending from the deck (portion shown in figs 3-4); the tool comprising: a top clamshell housing comprising (29); a movable jaw (24) connected to a proximate end of the top clamshell housing (figs 3-4); and an opening (top of cavity 36; fig 3) in the top clamshell housing (figs 3-4); a bottom clamshell (23) housing comprising; a bowl cavity (26) positioned within the bottom clamshell housing (figs 3-4); a platform surrounding the bowl cavity (25); an aperture in the platform sized to accept the at least one tab (flange 25 surrounds bowl cavity opening); and a fixed jaw (sidewalls 21) connected to the platform and surrounding the aperture (figs 3-4; par 0017-0018); and a hinge connecting the top clamshell housing with the bottom clamshell housing (fig.4; top clam shell 29, attached to bottom clamshell 23; par 0017-0018).
Regarding claim 30, Tokarski discloses the dexterity tool of claim 29 wherein: the movable jaw (24) extends from a proximate edge of the opening in the top clamshell housing (29; figs 3-4; par 0017-0018).
Regarding claim 31, Tokarski discloses the dexterity tool of claim 29 wherein: the tool has a clamping portion that is proximate to the hinge and a clearance portion that is distal to the hinge (figs 3-4; par 0017-0018).
Regarding claim 32, Tokarski discloses the dexterity tool of claim 29 wherein: the bowl cavity (26) of the bottom clamshell housing (23) is sized to accept the bowl of the contact lens package (27; par 0017-0018).
Regarding claim 33, Tokarski discloses the dexterity tool of claim 29 wherein: the top clamshell housing (29) has an elliptical shape (fig.4).
Regarding claim 34, Tokarski discloses the dexterity tool of claim 29 wherein: the opening is aligned with the bowl of the package and the bowl cavity of the bottom housing when the device is in a closed position (opening formed in the top of the bowl cavity 26 that holds contact 27; par 0017).
Regarding claim 35, Tokarski discloses the dexterity tool of claim 29 wherein: when the tool (20) is placed in a closed position the deck (25) of the contact lens package (27) is sandwiched in between the movable jaw (24) and the fixed jaw (21; figs 3-4; par 0017-0018).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARY C HIBBERT-COPELAND whose telephone number is (571)270-0601. The examiner can normally be reached M-TH 9am -5pm.
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, Anna Kinsaul can be reached at 5712701926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARY C HIBBERT-COPELAND/ Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731
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