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 § 103
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 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.
Claims 1-3, 5, 6, 8, 9, 21 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Le Loch et al. (WO 2025/049894A1) in view of Koman et al. (DE 102018111491A1).
Regarding claim 1, Le Loch et al. teaches a nest 5 (figure 2A) comprising a planar base 12 forming a plurality of openings 11, and a plurality of tubular members 10 extending longitudinally from the planar base 12, wherein each of the plurality of tubular members 10 has a side wall at 20 (figure 4) defining a well in communication with an opening of the plurality of openings (figure 4), an upper portion of the side wall of each of the plurality of tubular members has a counterbore at 25 extending from the opening at a first angle relative to a longitudinal axis of the tubular member, the counterbore of each of the plurality of tubular members has an inner surface defining a continuous circumference or perimeter (continuous circumference because there are no openings through the side wall; figure 4). The side wall of each of the plurality of tubular members between the counterbore 25 and the bottom wall (as modified below) tapers at a second angle (angle of 20a; located between the counterbore and the bottom wall; figure 4) relative to the longitudinal axis of the tubular member, the second angle being less than the first angle (figure 4), and an entirety of an inner surface of the side wall of each of the plurality of tubular members is devoid of ribs between the opening and the at least one bottom wall (there are no ribs between opening and the bottom wall, only a plurality of tapered surfaces; figure 4).
Further regarding claim 1, Le Loch et al. discloses the claimed invention except for the bottom wall. Koman et al. teaches that it is known to provide a tubular member with a bottom wall (see element 22; figure 1e). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the nest of Le Loch et al. with the bottom wall of Koman et al., in order to secure the lower portion of the syringe in the well.
Regarding claim 2, Le Loch et al. discloses the claimed invention except for the angle of the counterbore being about 10° to about 20° relative to the longitudinal axis of the tubular member. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the nest of Le Loch et al. with the angle of the counterbore being about 10° to about 20° relative to the longitudinal axis of the tubular member, in order to conform with a syringe having a similar angle, and since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 3, each tubular member 10 has a substantially cylindrical portion extending downwardly from the counterbore at an angle of about 0.25° to about 2° relative to the longitudinal axis of the tubular member (see angle C in figure 4).
Regarding claim 5, the at least one bottom wall, as modified by Koman et al. above, includes a plurality of bottom walls (22 of Koman et al.) formed by a circular central opening and a plurality of extension cutouts (figure 1b of Koman et al.).
Regarding claim 6, each of the extension cutouts (element 22 of Koman et al.) includes a curved lateral side that approximates a curvature of the inner surface of the side wall (figure 1b of Koman et al.).
Regarding claim 8, the side wall extends completely around the wells and defines a circular profile or perimeter extending from the opening to the at least one bottom wall (see figure 2A).
Regarding claim 9, Le Loch et al. teaches a system comprising a plurality of containers (syringes) enclosing a medical or cosmetic substance, the nest 5 described above, receiving the plurality of containers (syringes) in the plurality of tubular members 10, and a tub (“box shaped tub”; paragraph [0005]) receiving the nest.
Regarding claim 21, the at least one bottom wall defines a circular central opening (as modified by Koman et al.; figure 3g).
Regarding claim 24, Le Loch et al. teaches a nest 5 (figure 2A) comprising a planar base 12 forming a plurality of openings 11, and a plurality of tubular members 10 extending longitudinally from the planar base 12, wherein each of the plurality of tubular members 10 has a side wall at 20 defining a well in communication with an opening of the plurality of openings (figure 4), an upper portion of the side wall at 20 of each of the plurality of tubular members has a counterbore 25 extending from the opening at a first angle relative to a longitudinal axis of the tubular member, the counterbore 25 of each of the plurality of tubular members has an inner surface defining a continuous circumference or perimeter, and the side wall at 20 of each of the plurality of tubular members 10 between the counterbore 25 and the bottom wall tapers (at 20a) at a second angle relative to the longitudinal axis of the tubular member, the second angle being less than the first angle (figure 4).
Further regarding claim 24, Le Loch et al. discloses the claimed invention except for the bottom wall. Koman et al. teaches that it is known to provide a tubular member with a bottom wall (see element 22; figure 1e). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the nest of Le Loch et al. with the bottom wall of Koman et al., in order to secure the lower portion of the syringe in the well.
Claims 10-13, 16-20, 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Narvekar et al. (WO 2018/020505A1) in view of Koman et al. (DE 102018111491A1).
Regarding claim 10, Narvekar et al. teaches a nest 1 comprising a planar base 10 forming a plurality of openings (figure 1e), and a plurality of tubular members at 32 extending longitudinally from the planar base 10, wherein each of the plurality tubular members 32 has a side wall at lead line 32 (figure 1e) defining a well in communication with an opening of the plurality of openings (figure 1e), and an inner surface of an upper portion of the side wall of each of the plurality of tubular members is a continuously curved surface extending from the opening (figure 1c) the continuously curved surface being defined by at least three radii of curvature (at lead lines 66, 67, 68).
Further regarding claim 10, Narvekar et al. discloses the claimed invention except for the bottom wall. Koman et al. teaches that it is known to provide a tubular member with a bottom wall (see element 22; figure 1e). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the nest of Narvekar et al. with the bottom wall of Koman et al., in order to secure the lower portion of the syringe in the well.
Regarding claim 11, the series of radii of curvature includes a first radius of curvature at 66, a second radius of curvature (between 66 and 67), and a third radius of curvature at 67.
Regarding claim 12, the first radius of curvature at 66 defines a convex first portion of an inner surface of the side wall (figure 1e), the second radius of curvature (between 66 and 67) defines a concave second portion of the inner surface of the side wall (figure 1e), and the third radius of curvature at 67 defines a convex third portion of the inner surface of the side wall (figure 1e).
Regarding claim 13, Narvekar et al. discloses the claimed invention except for the cylindrical portion extending downwardly from the upper portion at an angle of about 0.25° to about 2° relative to a longitudinal axis of the tubular member. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the nest of Narvekar et al. with the cylindrical portion extending downwardly from the upper portion at an angle of about 0.25° to about 2° relative to a longitudinal axis of the tubular member, in order to conform with a syringe having a similar angle, and since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 16, the at least one bottom wall includes a plurality of bottom walls (22 of Koman et al.) formed by a circular central opening and a plurality of extension cutouts.
Regarding claim 17, each of the extension cutouts (22 of Koman et al.) includes a curved lateral side that approximates a curvature of the inner surface (figure 1b of Koman et al.).
Regarding claim 18, for each of the tubular members, an entirety of the inner surface of the side wall is devoid of ribs between the opening and the at least one bottom wall (figure 1e of Narvekar et al.).
Regarding claim 19, the side wall extends completely around the wells and defines a circular profile or perimeter extending from the opening to the at least one bottom wall (figure 1e of Narvekar et al.).
Regarding claim 20, Narvekar et al. teaches a system, shown in figure 2a, comprising a plurality of containers (medical vials) enclosing a medical or cosmetic substance, the nest of claim 10 (described above) receiving the plurality of containers in the plurality of tubular members, and a tub 3a receiving the nest (figure 2a).
Regarding claim 22, the at least one bottom wall defines a circular central opening (as modified by Koman et al.; figure 3g).
Regarding claim 23 the first portion is at lead line 66, the second portion is the concave portion between lead lines 66 and 67 and the third portion is at lead line 67.
Response to Arguments
Applicant's arguments filed December 31, 2025 have been fully considered but they are not persuasive. Applicant argues that Le Loch does not teach that the tubular member between the counterbore and the bottom wall tapers at a second angle relative to the longitudinal axis. The examiner disagrees with this position. It is the examiner’s position that Le Loch meets this limitation because Le Loch has a tubular member shown at 20 in figure 4, this tubular member at 20 has an upper portion with a counterbore at 25. Below the counterbore 25 is a portion of wall 20 at lead line 20a. This portion 20a tapers (to the degree set forth in the claim the wall portion is considered tapered as it extends radially inwardly) at a second angle relative to the longitudinal axis. The tapered wall portion 20a is located between the counterbore 25 at the upper end and the lower end of the tubular wall where the bottom wall is located in the modified invention. The claims do not require that that the entire tubular wall taper at a constant angle from the counterbore to the bottom wall.
Regarding claim 10, Applicant argues that Narvekar et al. does not teach a continuously curved surface. It is the examiner’s position that the portion of Narvekar et al. between elements 66-68 forms a continuous curve to the degree set forth in the claim. These surfaces are not only curved in the axial direction but they are also curved in the circumferential direction.
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 NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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