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 .
Election/Restrictions
Election of Species 1 and 11 was made without traverse in the reply filed on 3/9/2026.
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.
Claim 17 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 17 recites the limitation "the set of grooves" in line 3. There is insufficient antecedent basis for this limitation in the claim. In light of the specification and for purposes of examination, the examiner interprets that applicant intended this to mean the set of posts.
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.
Claims 1-2, 4, 6-8, 10-11, 13, 19-20, and 23-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hiroaki Sano (US 20060005371 A1 – hereinafter Sano).
Regarding claim 1, Sano teaches a device for cutting a tube (Fig. 1, Tube 8), the device comprising: an outer housing (Fig. 1, outer housing of Apparatus 1) comprising: a bottom structure (Fig. 1, bottom structure comprised of Covering Bodies 24 and 34); and a top structure (Fig. 1, top structure comprised of Lower Jaw Portions 60 and 80) attachable to the bottom structure at a first interface region, the bottom structure and the top structure defining a lumen (Fig. 1, lumen defined by Groove 22) sized to receive a tube; and a cutting instrument (Fig. 5, Wafer 41) slidably mounted within an aperture of the top structure to move from a retracted position (Fig. 6C, position shown) to an actuated position (Fig. 7A, position shown) to cut the tube and extend into a protective blade recess of the bottom structure (Fig. 7A), wherein a blade of the cutting instrument remains fully within the housing both when the cutting instrument is in the retracted position and when the cutting instrument is in the actuated position (Fig. 4 and 7, it can be seen that Wafer 41 remains within the housing of Apparatus 1 in both the retracted position (housed in 42) and the actuated position (housed between 2 and 3)), wherein the outer housing is separable at a second interface region spaced apart from the first interface region when the bottom structure is attached to the top structure (Fig. 21C; [0079] – 2 and 3 can be moved towards and away from each other, making them separable).
Regarding claim 2, Sano further teaches the device of claim 1, wherein the bottom structure is configured to occupy an open rotational position (Fig. 14, position shown) relative to the top structure and a closed rotational position (Fig. 8, position shown) relative to the top structure, and wherein based on the bottom structure transitioning from the open rotational position to the closed rotational position, the bottom structure rotates relative to the top structure about a hinge (Fig. 14, Hinges 25 and 35).
Regarding claim 4, Sano further teaches the device of claim 1, wherein the bottom structure defines one or more tabs (Fig. 1, Members 29 and 39) that protrude outward from an outer wall of the bottom structure, and wherein the top structure defines one or more grooves (Fig. 1, grooves defined by Stopping Portions 20 and 30 in addition to their adjacent walls) recessed into an inner wall of the top structure such that the one or more tabs engage with the one or more grooves to attach the bottom structure to the top structure at the first interface region.
Regarding claim 6, Sano further teaches the device of claim 1, wherein the bottom structure comprises a first set of pinching teeth (Fig. 1, Members 62 and 72), and wherein the top structure comprises a second set of pinching teeth (Fig. 1, Members 61 and 71) facing the first set of pinching teeth so that when the bottom structure is attached to the top structure over the tube, the first set of pinching teeth and the second set of pinching teeth compress the tube at a compression zone (Fig. 23).
Regarding claim 7, Sano further teaches the device of claim 6, wherein the first set of pinching teeth and the second set of pinching teeth compress the tube at the compression zone so that liquid cannot flow through the tube across the compression zone ([0096]).
Regarding claim 8, Sano further teaches the device of claim 6, wherein the first set of pinching teeth comprise two pinching teeth (Fig. 1, Members 62 and 72) extending perpendicular to the tube adjacent the second interface, and wherein the second set of pinching teeth comprise two pinching teeth (Fig. 1, Members 61 and 71) extending perpendicular to the tube adjacent the second interface.
Regarding claim 10, Sano further teaches the device of claim 1, wherein the bottom structure and the top structure are configured to compress the tube at a compression region when the bottom structure is attached to the top structure at the first interface region, and wherein the second interface region extends in a plane perpendicular to a longitudinal length of the tube within the compression region (Fig. 23, [0096]).
Regarding claim 11, Sano further teaches the device of claim 10, wherein responsive to the cutting instrument sliding from the retracted position to the actuated position, the blade of the cutting instrument is configured to cut through the tube within the compression region to separate the tube into a first tube section (Fig. 7B, leftmost section of 8) and a second tube section (Fig. 7B, rightmost section of 8), the bottom structure and the top structure being configured to maintain compression on both the first tube section and the second tube section after the blade of the cutting instrument extends into the protective blade recess of the bottom structure so that liquid cannot flow from the first tube section and the second tube section through the cut ([0096]).
Regarding claim 13, Sano further teaches the device of claim 1, wherein the outer housing comprises: a left housing portion (Fig. 1, left portion comprising 60 and 24) including a left section of the bottom structure and a left section of the of the top structure; and a right housing portion (Fig. 1, right portion comprising 80 and 34) including a right section of the bottom structure and a right section of the top structure, wherein the outer housing is separable at the second interface region between the left housing portion and the right housing portion (Fig. 21C; [0079] – 2 and 3 can be moved towards and away from each other, making them separable).
Regarding claim 19, Sano teaches a device for cutting a tube, the device comprising: an outer housing comprising: a bottom structure (Fig. 1, bottom structure comprised of Covering Bodies 24 and 34) comprising first pinching teeth (Fig. 1, Members 62 and 72); and a top structure (Fig. 1, top structure comprised of Lower Jaw Portions 60 and 80) comprising second pinching teeth (Fig. 1, Members 61 and 71), the top structure attachable to the bottom structure at a first interface region, wherein the bottom structure and the top structure define a lumen () sized to receive a tube (Fig. 1, Tube 8), and wherein the first pinching teeth and the second pinching teeth compress the tube within the lumen (Fig. 1, lumen defined by Groove 22); and a cutting instrument (Fig. 5, Wafer 41) to cut the compressed tube within a gap defined by the first pinching teeth and the second pinching teeth, wherein the outer housing is separable at a second interface region spaced apart from the first interface region (Fig. 21C; [0079] – 2 and 3 can be moved towards and away from each other, making them separable), the second interface region extending through the gap defined by the first pinching teeth and the second pinching teeth.
Regarding claim 20, Sano further teaches a device for cutting a tube, the device comprising: an outer housing comprising: a bottom structure (Fig. 1, bottom structure comprised of Covering Bodies 24 and 34); and a top structure (Fig. 1, top structure comprised of Lower Jaw Portions 60 and 80) movably attachable to the bottom structure at a first interface region (Fig. 1, region near hinges 25), the bottom structure and the top structure defining a lumen (Fig. 1, lumen defined by Groove 22) sized to receive a tube (Fig. 1, Tube 8); and a cutting instrument (Fig. 5, Wafer 41) to cut the tube within the lumen, wherein the outer housing is separable at a second interface region (Fig. 1, region near 20 and 30) spaced apart from the first interface region based on a first side (Fig. 1, first side comprised of 24 and 60) of the outer housing rotating relative to a second side (Fig. 1, second side comprised of 34 and 80 – 24 and 34 are independently rotatable, so 24 on the first side can be rotated relative to 34 and 80 on the second side) of the outer housing so that connectors of the first side (Fig. 1, 20 and 29) and the second side (Fig. 1, 30 and 39) disengage, the first side of the outer housing remaining attached to the tube on a first end of the cut and the second side of the outer housing remaining attached to the tube on a second end of the cut (Fig. 1, the halves on the tube would remain seated in the grooves 22 of the first and second sides after being cut and after 2 and 3 have been opened).
Regarding claim 23, Sano further teaches the device of claim 19, wherein the bottom structure is configured to occupy an open rotational position (Fig. 14, position shown) relative to the top structure and a closed rotational (Fig. 8, position shown) position relative to the top structure, wherein based on the bottom structure transitioning from the open rotational position to the closed rotational position, the bottom structure rotates relative to the top structure about a hinge axis (Fig. 1, axis defined by 25 and 35), wherein the bottom structure and the top structure maintain compression on the tube after the cut so that liquid cannot flow from the first tube section and the second tube section through the cut ([0096]), and wherein the bottom structure is inseparably attachable to the top structure (Fig. 1, inseparably attached via hinges 25 and 35).
Regarding claim 24, Sano further teaches the device of claim 20, wherein the bottom structure is configured to occupy an open rotational position (Fig. 14, position shown) relative to the top structure and a closed rotational position (Fig. 8, position shown) relative to the top structure, wherein based on the bottom structure transitioning from the open rotational position to the closed rotational position, the bottom structure rotates relative to the top structure about a hinge axis (Fig. 1, axis defined by 25 and 35), wherein the bottom structure and the top structure maintain compression on the tube after the cut so that liquid cannot flow from the first tube section and the second tube section through the cut ([0096]), wherein the bottom structure is inseparably attachable to the top structure (Fig. 1, inseparably attached via hinges 25 and 35), and wherein a sharp edge of a blade of the cutting instrument is encased within a pocket of the outer housing when the cutting instrument is in the actuated position (Fig. 7A, position shown, cutting edge of Wafer 41).
Regarding claim 25, Sano further teaches the device of claim 20, wherein the outer housing comprises: a left housing portion (Fig. 1, left portion comprised of 24 and 60) including a left section (Fig. 1, 24) of the bottom structure and a left section (Fig. 1, 60) of the of the top structure; and a right housing portion (Fig. 1, second side comprised of 34 and 80) including a right section (Fig. 1, 34) of the bottom structure and a right section (Fig. 1, 80) of the top structure, wherein the outer housing is separable at the second interface region between the left housing portion and the right housing portion by rotation of the right housing portion relative to the left housing portion (Fig. 1, 24 and 34 are independently rotatable, so 24 on the first side can be rotated relative to 34 and 80 on the second side, thus separating the outer housing at the second interface portion).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroaki Sano (US 20060005371 A1 – hereinafter Sano).
Regarding claim 3, Sano further teaches The device of claim 2, wherein the top structure defines one or more hinge post receptacles (Fig. 1, holes in 60 and 80 for housing 25 and 35) corresponding to the hinge, and wherein the bottom structure defines one or more hinge posts (Fig. 1, portions of hinges 25 and 35 which extends into the holes defined above) for engaging with the one or more hinge post receptacles so that the bottom structure is rotatable relative to the top structure about the hinge. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sano such that the hinge post receptacles are located on the bottom structure and the hinge posts are located on the top structure as it has been held that the position of a feature may be in a different location as an obvious matter of design choice as long as it does not modify the operation of the device In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroaki Sano (US 20060005371 A1 – hereinafter Sano) as applied to claim 1 above, and further in view of Andrew Bigley Jr. et al. (US 5816128 A – hereinafter Bigley).
Regarding claim 9, Sano teaches the device of claim 1, wherein the cutting instrument comprises the blade (Fig. 1, Wafer 41).
Sano does not teach wherein the cutting instrument comprises a handle fixedly attached to the blade, wherein an outermost portion of the handle is actuated toward the aperture of the top structure when the cutting instrument is moved from the retracted position to the actuated position.
However, Bigley teaches a device for cutting a tube wherein the cutting instrument comprises a handle (Fig. 1, Handle 13a) fixedly attached to the blade (Fig. 1, Blade 14), wherein an outermost portion of the handle is actuated toward the aperture (Fig. 2, Passage 122) of the top structure (Fig. 3, Blocks 19) when the cutting instrument is moved from the retracted position (Fig. 1, position shown) to the actuated position (Fig. 1, position when 13a is rotate 90 degrees clockwise).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date to modify the device of Sano to include the aforementioned limitations of claim 9 as taught by Bigley. Doing so is beneficial as it allows for the blade to move in a manner which creates a clean slice while avoiding other contact which could dull the blade (Bigley; Col. 4, lines 11-17).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroaki Sano (US 20060005371 A1 – hereinafter Sano) as applied to claim 13 above, and further in view of Teiryo Maeda et al. (US 6447471 B1 – hereinafter Maeda).
Regarding claim 14, Sano does not teach the device of claim 13, wherein the cutting instrument is attached to the right housing portion so that when the left housing portion detaches from the right housing portion, the cutting instrument remains attached to the right housing portion.
However, Maeda teaches a device for cutting a tube wherein the cutting instrument (Fig. 16, B) is attached to the right housing portion (Fig. 17, portion including B) so that when the left housing portion (Fig. 17, portion including A) detaches from the right housing portion, the cutting instrument remains attached to the right housing portion (Fig. 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date to modify the device of Sano such that the cutting instrument is attached to the right housing portion as taught by Maeda as it has been held that the position of a feature may be in a different location as an obvious matter of design choice as long as it does not modify the operation of the device In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroaki Sano (US 20060005371 A1 – hereinafter Sano) as applied to claim 13 above, and further in view of Isabelle Gay et al. (US 20110284776 A1 – hereinafter Gay).
Regarding claim 15, Sano does not teach the device of claim 13, wherein the left housing portion defines a set of receptacles, wherein the right housing portion defines a set of posts for engaging with the set of receptacles so that the left housing portion is removably attached to the top structure.
However, Gay teaches a device for cutting a tube, wherein the left housing portion defines a set of receptacles (Fig. 6, Cavities 24b), wherein the right housing portion defines a set of posts (Fig. 6, Studs 24a) for engaging with the set of receptacles so that the left housing portion is removably attached to the top structure (Fig. 6; [0159]).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date to modify the device of Sano to include the aforementioned limitations of claim 9 as taught by Gay. Doing so is beneficial as it allows the left and right portions to be aligned with each other with minimal play while still allowing clearance for the blade (Gay; [0116] and [0118]).
Regarding claim 16, the existing combination of Sano and Gay already teaches the device of claim 15, wherein the set of receptacles comprises four receptacles on the left section, and wherein the set of posts comprises four posts on the right section (Gay; Fig. 6).
Sano and Gay do not teach that two receptacles are on the left section of the bottom structure and two receptacles are on the left section of the top structure, and that two posts are on the right section of the bottom structure and two posts are on the right section of the top structure. However, 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 invention of Sano and Gay such that the posts and receptacles are located in the claimed manner as it has been held that the position of a feature may be in a different location as an obvious matter of design choice as long as it does not modify the operation of the device In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Regarding claim 17, the existing combination of Sano and Gay already teaches the device of claim 15, wherein when the outer housing separates at the second interface region between the left housing portion and the right housing portion, the right housing portion rotates relative to the left housing portion to disengage the set of posts from the set of receptacles (Sano; Fig. 1 – the bottom portions of the left and right halves can rotate independently of one another. The modification with Gay as set forth in the rejection of claim 15 locates the posts and receptables on the bottom portions of Sano, so when the left bottom portion rotates relative to the right bottom portion, the posts and receptacles would not be lined up such that they can engage, and therefore become disengaged from each other).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELLA LORRAINE KEENA whose telephone number is (571)272-1806. The examiner can normally be reached 7:30am - 5:00 pm ET.
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, Boyer Ashley can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ELLA L KEENA/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
Prosecution Insights