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 .
Response to Arguments
Applicant's arguments filed 07/15/2026 have been fully considered but they are not persuasive.
Applicant argues that Valiyee does not teach the claim amendment regarding the handle extending at an angle away from the top cover in the extended position (phantom lines in Fig. 7). However, Drawings and pictures can anticipate claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). MPEP 2125 (I). Here, fig. 7 clearly depicts the handle (458) of Valiyee extending at a 90 degree angle away from the top cover when in the open position, and further the handle of the lever extends parallel to, and at a distance from, the top cover of the angular housing when the handle is in the closed position due to the spherical knob that extends both parallel and all other directions in relation to the top cover. Further delineation of the handle itself is required to properly differentiate from the prior art of record.
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.
Claim(s) 1-4 and 6-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Valiyee et al. (US Patent No. 5,042,692).
Re: Claim 1, Valiyee discloses the claimed invention including a tube collector mechanism comprising:
a release mechanism (474) (Fig. 7);
a tube collector (18) having an angular housing (250) formed by a top cover and a base cover (263) that enclose the release mechanism therebetween (Depicted in Figs. 6-7); and
a lever including a handle (458) provided above the top cover of the angular housing, and a guide arm (462) that extends through an opening (470) on the top cover of the angular housing,
wherein the guide arm of the lever is coupled to the release mechanism (Depicted in Fig. 7),
wherein the lever and the release mechanism form a disconnect mechanism that, when activated, moves forward extending away from a front end of the tube collector (Fig. 7, Col. 8, lines 5-8, forms a disconnect mechanism);
wherein the handle is adjustable between an open position and a closed position to cause the guide arm to move between an extended position (Depicted in Fig. 7, Col. 8, lines 3-4, extended position) that activates the disconnect mechanism and a retracted position (Depicted in Figs. 6-7, Col. 8, lines 1-8, an open and a closed position, retracted positioned), and
wherein the handle is positioned at an angle to, and away from, the top cover when the handle is in the open position (Fig. 7, handle extends at an 90 degree angle away from the top cover when in the open position).
Re: Claim 2, Valiyee discloses the claimed invention including the handle of the lever extends parallel to, and at a distance from, the top cover of the angular housing housing when the handle is in the closed position (Depicted in Figs. 6-7, spherical knob that extends both parallel and oblique away from the top cover in both positions).
Re: Claim 3, Valiyee discloses the claimed invention including wherein when the handle transitions from the closed position to the open position, the guide arm pushes the release mechanism parallel to, and away from, the top cover (Depicted in Figs. 6-7, Col. 8, lines 1-8, an open and a closed position).
Re: Claim 4, Valiyee discloses the claimed invention including a manifold tray (254) releasably coupled to the front end of the tube collector (Fig. 6), wherein the disconnect mechanism, when activated, disconnects the tube collector from the manifold tray by pushing the manifold tray or the tube collector away from each other (Fig. 7, Col. 8, lines 5-8, forms a disconnect mechanism for the manifold tray pushing it away).
Re: Claim 6, Valiyee discloses the claimed invention including a multi-gauge manifold (346) releasably coupled to the manifold tray (Depicted in Fig. 6).
Re: Claim 7, Valiyee discloses the claimed invention including the multi-gauge manifold comprises a plurality of continuous flow valves (CFV) (350, 354) that provide a constant rate of fluid flow at a preset pressure (Fig. 6, Col. 7, 16-19, continuous flow valve).
Re: Claim 8, Valiyee discloses the claimed invention including a toggle coupled to each CFV and configured to turn corresponding CFV on or off (Fig 7, Col. 7, lines 14-24, depicts screw heads for toggling the CFV).
Re: Claim 9, Valiyee discloses the claimed invention including the top cover includes a plurality of concave slots (Depicted in Fig. 6), wherein the base cover includes a plurality of convex slots (Depicted in Fig. 6), wherein the plurality of concave slots and the plurality of convex slots form a plurality of openings configured to receive a plurality of tubes (68) extending between one or more fluid sources and a manifold (Depicted in Fig. 6).
Re: Claim 10, Valiyee discloses the claimed invention including a set of guide rails (306), wherein the release mechanism further comprises a set of arms (302) extending at opposite sides of the release mechanism, and wherein the set of arms the release mechanism slides along the set of guide rails parallel to the top cover and the base cover of the tube collector (Depicted in Fig. 6, Col. 7, lines 51-59, arms sliding along the guide rails parallel to the top cover for releasing).
Re: Claim 11, Valiyee discloses the claimed invention including the release mechanism is an elongated frame extending parallel to the top cover and the base cover (Depicted in Fig. 7, an elongated frame for a release mechanism).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Valiyee et al. (US Patent No. 5,042,692).
Re: Claim 5, Valiyee discloses the claimed invention including one or more slots provided on a first end of the manifold tray, wherein the one or more slots (306) extend through one or more tab tabs (302) provided on the base cover of the tube collector to connect with the release mechanism (Depicted in Fig. 6), wherein the release mechanism, when activated, pushes on the one or more tabs to disconnect the tube collector from the manifold tray (Col. 8, lines 5-8, tabs are pushed via (480) by the release mechanism) except for the tabs located on the tube collector and the slots located on tube collector. However, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include the tabs and slots located as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754
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