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 .
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeager (4,738,364). Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cook et al. (5,934,099). Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leonard (2010/0282762). Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wengreen et al. (10,588,820). Each discloses a method comprising providing an insulin bottle insulator and protection device comprised of a body (12; 28; 27; 706; respectively), an inner protection sleeve (11; 12 or 20; 38; 712) a cooling element (liquid 15; 32; liquid inside 24; 734a), a lid (13; 30; 36; 704) and an insulator (21; 50 or 52 or 58; 33; 714 or 716), placing an insulin bottle (not shown, but see column 2, lines 2-12; 36; 10; 702) into the inner protection sleeve within the body, and closing the lid over the bottle (see Figures 1 and 2; see Figures 2 and 6; see Figures 1B and 1E; see Figures 1 and 3).
Prior Art not relied upon: Please refer to the additional references listed on the attached PTO-892, which, while not relied upon for the claim rejection, these references are deemed relevant to the claimed invention as a whole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Orlando Aviles, can be reached on (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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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG