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 .
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 13 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 13 recites the limitation "the at least one cutout" in line 3. Claim 12 introduces “as least one cutout,” however claim 13 depends from claim 1 and therefore does not include the limitations of claim 12. Therefore, there is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-6, 8, 10-15, 19, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerner et al (US 8,800,800).
Regarding claim 1, Gerner discloses a holding device configured to support medical containers (abstract), comprising: a supporting plate 1001 comprising an upper surface 1002, a lower surface, and a plurality of openings 1003 through the supporting plate configured to receive the medical containers (col. 7, lines 10-55; fig. 5); a plurality of chimneys protruding from the upper surface of the supporting plate at least partially enclosing the plurality of openings (fig. 5), such that the plurality of chimneys guide insertion of the medical containers into the plurality of openings; and a plurality of reinforcing ribs 1300 protruding from the upper surface of the supporting plate extending between the plurality of chimneys (fig. 5; col. 8, lines 45-48), wherein the plurality of reinforcing ribs comprise a first end portion extending radially from a first chimney of the plurality of chimneys and a second end portion extending radially from an adjacent second chimney of the plurality of chimneys, such that the first end portion and the second end portion are offset from a virtual line extending between a center of the first chimney and a center of the adjacent second chimney (see fig. 5 annotated below).
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Regarding claim 2, Gerner discloses that the first end portion extends from the first chimney in a first direction and the second end portion extends from the second chimney in a second direction, which is different from the first direction (see fig. 5 annotated above where the first second and second section meet at an angle meaning they extend in different directions).
Regarding claim 3, Gerner discloses that the ribs further comprise an intermediate portion between the first and the second end that is not radially aligned with either the first chimney or the second chimney (see fig. 5 above, intermediate section between the two ends and not aligned with either chimney).
Regarding claim 4, Gerner discloses that the plurality of openings are arranged on the supporting plate as a plurality of rows and a plurality of columns (fig. 5).
Regarding claim 5, Gerner discloses that the openings of the rows and columns are equidistantly spaced (fig. 5).
Regarding claim 6, Gerner discloses that the plurality of reinforcing ribs comprise primary reinforcing ribs extending between the first chimney and the adjacent second chimney of the same row (fig. 5: for example, top row has primary ribs between adjacent chimneys).
Regarding claim 8, Gerner discloses a plurality of straight secondary sibs extending between a first chimney and a second chimney of the same column (fig. 5: bottom column includes straight ribs between adjacent chimneys).
Regarding claim 10, Gerner discloses that the supporting plate, chimneys, and ribs comprise thermoplastic polymers (col. 3, lines 63-65: polypropylene and polyester are thermoplastics).
Regarding claim 11, Gerner discloses that the supporting plate, chimneys, and ribs are integrally formed by injection molding (col. 4, line 1).
Regarding claim 12, Gerner discloses that the supporting plate further comprises a peripheral edge extending between the upper surface and the lower surface, and wherein the edge comprises at least one cutout extending inward from other portions of the peripheral edge (fig. 5: cutout near line “A”).
Regarding claim 13, Gerner discloses a curved wall 2 extending from the upper surface about the cutout (fig. 5).
Regarding claim 14, Gerner shows the supporting plate comprising less than 100 openings (fig. 5).
Regarding claim 15, Gerner discloses that the chimneys comprise a tubular wall comprising a cylindrical inner surface having a diameter substantially the same as the diameter of the opening enclosed by the chimney and cylindrical outer surface opposite the inner surface (fig. 5, fig. 2).
Regarding claim 19, Gerner discloses an assembly configured to support a plurality of medical containers (abstract), the assembly comprising a tub 30 (col. 7, lines 1-5; fig. 4), and the holding device of claim 1 contained in the tub (see claim 1 above).
Regarding claim 20, Gerner discloses a method of manufacture for the holding device of claim 1, the method comprising injection molding the support plate, the plurality of chimneys, the plurality of reinforcing ribs as a single part by injection molding (col. 4, line 1).
Claim(s) 1, 7, 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshida (US D907,462).
Regarding claim 1, Yoshida discloses a holding device. The limitation “configured to support medical containers” is interpreted to be an intended use limitation wherein the medical containers are not positively recited. Yoshida discloses that the device holds elongate cap members (claims) and therefore is capable of holding elongate medical containers. Yoshida further discloses the device comprising: a supporting plate (fig. 7) comprising an upper surface, a lower surface, and a plurality of openings through the supporting plate capable of receiving medical containers (fig. 7); a plurality of chimneys protruding from the upper surface of the supporting plate at least partially enclosing the plurality of openings (fig. 7), such that the plurality of chimneys are capable of guiding insertion of the medical containers into the plurality of openings; and a plurality of reinforcing ribs protruding from the upper surface of the supporting plate extending between the plurality of chimneys (fig. 7), wherein the plurality of reinforcing ribs comprise a first end portion extending radially from a first chimney of the plurality of chimneys and a second end portion extending radially from an adjacent second chimney of the plurality of chimneys, such that the first end portion and the second end portion are offset from a virtual line extending between a center of the first chimney and a center of the adjacent second chimney (see fig. 8 annotated below).
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Regarding claim 7, Yoshida discloses at least two primary reinforcing ribs between the first chimney and the adjacent second chimney of the same row, the two primary reinforcing ribs are symmetrical about the virtual line extending between the center of the first chimney and the centerer of the adjacent second chimney (see fig. 8 annotated above).
Regarding claim 17, Yoshida discloses that the ribs comprise multiple axially aligned angled segments (fig. 8: angled segments are aligned with the axis of the chimney).
Claim(s) 1, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okihara (US 2019/003236).
Regarding claim 1, Okihara discloses a holding device configured to support medical containers (abstract), comprising: a supporting plate 11 (fig. 2) comprising an upper surface, a lower surface, and a plurality of openings through the supporting plate capable of receiving medical containers (fig. 2); a plurality of chimneys 12 protruding from the upper surface of the supporting plate at least partially enclosing the plurality of openings (fig. 2), such that the plurality of chimneys are capable of guiding insertion of the medical containers into the plurality of openings (page 3, para. 0060); and a plurality of reinforcing ribs protruding from the upper surface of the supporting plate extending between the plurality of chimneys (fig. 25), wherein the plurality of reinforcing ribs comprise a first end portion extending radially from a first chimney of the plurality of chimneys and a second end portion extending radially from an adjacent second chimney of the plurality of chimneys, such that the first end portion and the second end portion are offset from a virtual line extending between a center of the first chimney and a center of the adjacent second chimney (fig. 25: ribs are offset from center of chimneys).
Regarding claim 18, Okihara discloses that the plurality of reinforcing ribs are not directly connected to any other of the plurality of reinforcing ribs (fig. 25).
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) 9, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gerner.
Claim 9 calls for the device, when fully loaded with medical containers, to have a deflection of the supporting plate less than 2.5mm in a vertical direction. Gerner does not specifically teach this limitation. However, Gerner teaches that deflection of the plate is undesirable and therefore the arrangement of the ribs is provided to increase flexural rigidity and torsional stiffness to ensure secure positioning of the containers in the holding device (col. 2, line 66 – col. 3, line 4). Therefore, it would have been a matter of routine experimentation to optimize the size and configuration of the ribs to achieve the desired flexural and torsional stiffness because doing so provides a secure positioning of the containers in the holding device as taught by Gerner.
Claim 16 calls for the plurality of openings and chimneys to be configured to receive barrels of syringes or cartridges containing a fluid volume of less than about 50 mL. Gerner does not disclose the volume of the containers. The claimed size does not patentably distinguish over the prior art since the Federal Circuit has held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. in this case, the device of Gerner would perform equally well for holding medical containers of any size. Therefore, claim 16 is not patentably distinct from Gerner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA A BOUCHELLE whose telephone number is (571)272-2125. The examiner can normally be reached Mon-Fri 8:00-5:00 CST.
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LAURA A. BOUCHELLE
Primary Examiner
Art Unit 3783
/LAURA A BOUCHELLE/Primary Examiner, Art Unit 3783
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