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 Objections
Claim 20 is objected to because of the following informalities: the phrase “coupled a second end” in Line 12 is grammatically incorrect. Appropriate correction is required.
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 1-3, 7-8, 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ible US 5489075 (hereinafter Ible).
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Re. Cl. 1, Ible discloses: An apparatus for holding a vial (Fig. 2), comprising: a vial receiving portion (20, Fig. 2) comprising a first vial engaging member (32, Fig. 2) rotatable connected to a second vial engaging (30, Fig. 2) member by a hinge (36, Fig. 2); a stand (16, Fig. 2) coupled to the vial receiving portion (see Fig. 2), wherein the stand is adapted to be secured to a surface (see Fig. 2, via 18).
Re. Cl. 2, Ible discloses: the vial receiving portion is adapted to receive a bottom of a vial (see Fig. 1, the portion 20 is adapted to receive a bottom of a vial in the same manner as shown receiving bottom of 12).
Re. Cl. 3, Ible discloses: the first vial engaging member includes a first surface and a second surface (see annotated figure 2), and the second vial engaging member includes a third surface and a fourth surface (see annotated figure 2).
Re. Cl. 7, Ible discloses: the third surface and the fourth surface are curved (see Fig. 2).
Re. Cl. 8, Ible discloses: each of the surfaces are curved (see Fig. 2).
Re. Cl. 13, Ible discloses: the first surface and the second surface meet along a first axis (see annotated figure 1), the third surface and the fourth surface meet along a second axis (see annotated figure 1, the Examiner notes that annotated figure 1 shows the first and second axis overlapped with one another, but the first axis would split 54 in halves and the second axis would split 45 in halves), the hinge has a longitudinal axis (see Fig. 2), and the first axis and the second axis are parallel to the longitudinal axis of the hinge (see Fig. 1-2, due to the flexibility of 16, the axes can be located in a parallel manner) .
Re. Cl. 14, Ible discloses: the vial receiving portion has a forward end and a rear end (see Fig. 2), the stand has an upper end and a lower end (see Fig. 2), the vial receiving portion is coupled to the upper end of the stand (see Fig. 2), and the forward end of the vial receiving portion is biased towards the lower end of the stand (see Fig. due to the flexibility of the stand 16, the forward end of 20 can be biased or angled down towards lower end 19).
Re. Cl. 15, Ible discloses: the forward end of the vial receiving portion is biased towards the lower end of the stand at an angle of up to about 45 degrees as determined by a horizontal plane that is perpendicular to a longitudinal axis of the stand (see Fig. due to the flexibility of the stand 16, the forward end of 20 can be biased or angled down towards lower end 19 at the claimed angular range).
Re. Cl. 16, Ible discloses: the vial receiving portion is rotatably coupled to the stand (see Fig. 2-3, due to the circular nature and the mated grooves, rotation of 20 relative to 16 is enabled; further as discussed in Col. 6, Lines 38-42, a threaded connection would inherently enable rotation).
Re. Cl. 17, Ible discloses: the first vial engaging member and the second vial engaging member are in mechanical communication with a spring (34, Fig. 2) that is adapted to force the first vial engaging member toward the second vial engaging member (Col. 6, Lines 21-24).
Re. Cl. 18, Ible discloses: the vial receiving portion has a forward end and a rear end (see Fig. 2), and the spring is adapted to force the first vial engaging member toward the second vial engaging member on the forward end of the vial receiving portion (see Fig. 2 and Col. 6, Lines 21-24).
Re. Cl. 19, Ible discloses: the first vial engaging member and the second vial engaging member form a pair of ears (40, 60, Fig. 2) on the rear end of the vial receiving portion (see Fig. 2), and the ears are adapted to be compressed towards one another thereby compressing the spring and separating the first vial engaging member from the second vial engaging member on the forward end of the vial receiving portion (see Fig. 2 and Col. 7, Lines 15-21).
Re. Cl. 20, Ible discloses: An apparatus for holding a vial (Fig. 2), comprising: a first vial engaging member (32, Fig. 2) having a pair of opposing planar surfaces( 56 and 57, Fig. 2) arranged at a first angle with respect to one another (see Fig. 2); a second vial engaging member (30, Fig. 2) rotatably connected to the first vial engaging member (see Fig. 2, via 36), the second vial engaging member having a pair of opposing curved surfaces (38, 40, Fig. 2; as can be seen in Fig. 1-2, 38 is curved and 40 is curved and they are joined at an angle shown in Fig. 2) arranged at a second angle with respect to one another (see Fig. 2); a spring (34, Fig. 2) in mechanical communication with the first vial engaging member and the second vial engaging member (see Fig. 2), wherein the spring is adapted to force the first vial engaging member toward the second vial engaging member (Col. 6, Lines 21-24); a longitudinal stand (16, Fig. 2) coupled to a bottom of the second vial engaging member on a first end of the longitudinal stand (see Fig. 2); and a stand securing member (18, Fig. 2) coupled a second end of the longitudinal stand, wherein the stand securing member is adapted to secure the stand to a surface (see Fig. 2).
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.
Claims 4-6, 9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Ible in view of Cullen US 4671477 (hereinafter Cullen).
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Re. Cls. 4-6, 9 and 11-12, Ible does not disclose the first surface and second surface oppose one another at an acute angle, an obtuse angle, or a 90-degree angle (Cl. 4), the third surface and the fourth surface oppose one another at an acute angle, an obtuse angle, or a 90-degree angle (Cl. 5), the first surface and the second surface are flat (Cl. 6), each of the surfaces are flat (Cl. 9), at least one of the surfaces includes a friction member that is adapted to produce friction against a surface of a vial (Cl. 11) or the friction member is made of rubber, silicone, latex, a thermoplastic vulcanizate, or combinations thereof (Cl. 12). Cullen discloses an apparatus for holding a vial (Fig. 1) which includes a vial receiving portion (25-26, Fig. 4) adapted to receive a bottom of a vial (see Fig. 1) including a first vial receiving member (25, Fig. 4) and a second vial receiving member (26, Fig. 4), wherein the first vial receiving member includes a first surface and a second surface (see annotated figure 6), and the second vial receiving member includes a third surface and a fourth surface (see annotated figure 6). Re. Cl. 4-5, Cullen discloses the first surface and second surface oppose one another at an acute angle, an obtuse angle, or a 90-degree angle and the third surface and the fourth surface oppose one another at an acute angle, an obtuse angle, or a 90-degree angle (see Fig. 6). Re. Cls. 6 and 9, Cullen discloses the first surface and the second surface are flat (see Fig. 6) and each of the surfaces are flat (see Fig. 6, the surfaces of 25 and 26 are flat). Re. Cl. 11-12, Cullen discloses at least one of the surfaces includes a friction member (35, Fig. 6) that is adapted to produce friction against a surface of a vial (see Fig. 1) and the friction member is made of rubber, silicone, latex, a thermoplastic vulcanizate, or combinations thereof (Col. 5, Lines 57-61).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second vial engaging members of Ible to be as shaped as disclosed by Cullen with reasonable expectation of success since it has been held obvious to change the shape or configuration of device absent persuasive evidence that the configuration was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second vial engaging members to include the friction member as disclosed by Cullen with reasonable expectation of success since Cullen states that such a modification can soften any contact between the jaw members as well as enhancing the grip of the jaw members (Col. 5, Lines 57-61).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ible in view of Christensen US 2016/0067846 (hereinafter Christensen).
Re. Cl. 10, Ible does not disclose the third surface and the fourth surface are convex and face the first surface and second surface and the first surface and the second surface are flat. Christensen discloses a clamp (Fig. 1) which includes a first engaging member and a second engaging member (1s, Fig. 1) connected together by a hinge, wherein the first engaging member includes first and second surfaces (see Fig. 2, flat surfaces on opposing sides of 8) and the second engaging member includes third and fourth surfaces (see Fig. 2, convex surfaces on opposing sides of 7). Re. Cl. 10, Christensen discloses the third surface and the fourth surface are convex (see Fig. 1-2) and face the first surface and second surface (see Fig. 1) and the first surface and the second surface are flat (see Fig. 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second vial engaging members of Ible to have the shapes disclosed by Christensen with reasonable expectation of success since Christensen states that such a modification enables for the device to clamp a variety of shapes and sizes of devices (Paragraph 0020, Lines 37-45).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Barbarian US 5425460, Davis US 6250592, Foscarota US 2012/0000571, and Ma US 6685147 disclose other known supporting stands which are presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632