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 § 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) 1-3, 5-9, 11-12, 14-16, and 19-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin et al. (US 20200147250 A1).
Regarding claim 1, Lin teaches a rigid sterilization system for an object requiring sterilization in a sterilizer (Fig. 1, container 300), the rigid sterilization system comprising:
a base having a support surface configured to support an object requiring sterilization (Fig. 1, body 302 has support surface 308);
a rigid cover (Fig. 1, lid 304) having a main body (Fig. 1, 305) and a lower portion (Fig. 1, lower portion of body 302 faces interior 306), the main body comprising a top panel (Fig. 1, 305) and side panels extending from the top panel (Fig. 1, 304a and 304b), wherein the top panel and side panels comprise a rigid material configured to hold a selected shape (can be made of rigid material like aluminum [0121]), wherein the rigid cover and the base define a volume encompassing the object requiring sterilization (Fig. 1, interior volume 306); and
a sealing interface between the lower portion of the rigid cover and the base, the sealing interface configured to form a continuous seal between the lower portion of the rigid cover and a first sealing surface of the base (Fig. 1, 308 is sealing interface, [0035]).
Regarding claim 2, Lin teaches the rigid sterilization system of claim 1, wherein the rigid cover further comprises a first vent port and a first filter overlying the first vent port and forming a sealed interface with an adjacent portion of the rigid cover (Fig. 1, vents 318 are formed into the cover 304 and comprise a filter overlying the port forming a sealed interface with the rest of the cover [0042-0045]).
Regarding claim 3, Lin teaches the rigid sterilization system of claim 1, wherein the support surface of the base is a substantially flat surface (Fig. 2, support surface 308 is substantially flat).
Regarding claim 5, Lin teaches the rigid sterilization system of claim 1, wherein the base includes a plurality of sides, and wherein the first sealing surface is located on the plurality of sides (Fig. 2, base 302 has a plurality of side walls that extend downwardly from the first sealing surface 308 from bottom of the base).
Regarding claim 6, Lin teaches the rigid sterilization system of claim 4, further comprising a gasket between the lower portion of the rigid cover and the first sealing surface (Fig. 5, gasket 310 located between lower portion of cover 304 and sealing surface 308 [0035]).
Regarding claim 7, Lin teaches the rigid sterilization system of claim 1, wherein the first sealing surface is located on the support surface (Fig. 2, sealing surface 308 is located on support surface 308) and wherein the first sealing surface further comprises a gasket within the first sealing surface on the support surface (Fig. 5, gasket 310, [0035]).
Regarding claim 8, Lin teaches the rigid sterilization system of claim 1, further comprising a gasket affixed to the lower portion of the rigid cover (Fig. 4, gasket 310).
Regarding claim 9, Lin teaches the rigid sterilization system of claim 1, wherein the top panel includes a window for viewing contents within the rigid sterilization system (top panel of cover 304 can include a window, [0044]).
Regarding claim 11, Lin teaches the rigid sterilization system of claim 1, wherein the rigid cover is selected from the group consisting of heavy gauge aluminum and medical grade plastic material (cover can be aluminum, [0121]).
Regarding claim 12, Lin teaches the rigid sterilization system of claim 1, further comprising a clamp for releasably securing the rigid cover to the base (Fig. 1, latch assembly 312 includes latch 330, [0048]).
Regarding claim 14, Lin teaches the rigid sterilization system of claim 2, wherein the first vent port is located on at least one of the top panel or one of the side panels (Fig. 1, vents 318 are formed into top panel 305).
Regarding claim 15, Lin teaches the rigid sterilization system of claim 1, wherein the lower portion of the rigid cover overlies the first sealing surface of the base to form the sealed interface between the lower portion of the rigid cover and the base (Fig. 4, [0038]).
Regarding claim 16, Lin teaches the rigid sterilization system of claim 1, wherein the base further comprises a groove for receiving a gasket, and wherein the lower portion of the rigid cover further comprises an edge, wherein the edge engages the gasket within the groove for forming a perimetric seal between the edge and the base (Fig. 4, base has a groove for receiving gasket 310 and rigid cover 304 has an edge that engages gasket [0038]).
Regarding claim 19, Lin teaches a rigid sterilization system for use in a sterilizer for the sterilization of objects requiring sterilization (Fig. 1, container 300), the system comprising:
a base formed of a material adapted to withstand exposure to a sterilizing agent (Fig. 1, body 302 is formed from aluminum [0121]), the base having (i) a support surface having a portion configured to support the objects requiring sterilization (Fig. 1, body 302 has support system 308), and (ii) a first sealing surface (Fig. 1, support surface 308 is a sealing interface, [0035]).
a rigid cover comprising a rigid material configured to hold a selected shape (Fig. 1, lid 304, [0121]), the cover having a main body portion (Fig. 1, 305) and a lower portion (Fig. 1, lower portion of body 302 faces interior 306), wherein the main body portion includes a first vent port and a first filter overlying the first vent port (Fig. 1, vents 318 are formed into the main body portion 305 and comprise a filter overlying the port forming a sealed interface with the rest of the cover [0042-0045]), and
wherein the lower portion of the rigid cover is configured to form a sealed interface with the base (Fig. 4, [0038]); and
a continuous seal interface between the first sealing surface of the base and the rigid cover, the continuous seal interface forming a continuous seal between the base and the rigid cover (Fig. 1, 308 is sealing interface, [0035], [0038]).
Regarding claim 20, Lin teaches the rigid sterilization system of claim 19, wherein the support surface of the rigid base is substantially flat (Fig. 2, support surface 308 is substantially flat).
Regarding claim 21, Lin teaches the rigid sterilization system of claim 19, further comprising a gasket between the lower portion of the rigid cover and the first sealing surface (Fig. 5, gasket 310 located between lower portion of cover 304 and sealing surface 308, [0035]).
Regarding claim 22, Lin teaches the rigid sterilization system of claim 21, wherein the base further comprises a plurality of sides, and wherein the first sealing surface is located on the plurality of sides (Fig. 2, base 302 has a plurality of side walls that extend downwardly from the first sealing surface 308 from bottom of the base), and wherein the gasket is between the lower portion of the rigid cover and the plurality of sides (Fig. 4, gasket in between lower portion of cover 304 and side wall of base 302).
Regarding claim 23, Lin teaches the rigid sterilization system of claim 21, wherein the first sealing surface is located on the support surface Fig. 2, sealing surface 308 is located on support surface 308) and wherein the gasket is located on one of the first sealing surface and the lower portion of the rigid cover (Fig. 5, gasket 310, located between sealing surface 308 and lower portion of cover 304, [0035]).
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.
Claim(s) 4, 10, 18, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 20200147250 A1) in view of Turbett (US 20190021806 A1).
Regarding claim 4, Lin teaches the rigid sterilization system of claim 1 but does not teach wherein the base includes a rack system for holding the object.
One having ordinary skill in the art would be concerned with maintaining objects within the sterilization system, motivating one to turn towards Turbett. Turbett teaches a sterilization system comprising a base configured to house objects for sterilization, wherein the base may include dividers, trays, or shelves for maintaining objects during sterilization including a rack system (Fig. 10, 160). Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the base as taught by Lin to include the shelving as taught by Turbett because Turbett teaches the shelving to retain objects during sterilization operations and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A) and 2143(I)(G).
Regarding claim 10, Lin teaches the rigid sterilization system of claim 1, wherein the base is the bottom of a container but does not teach wherein the base is an operating room back table. One having ordinary skill in the art would be motivated to decrease the amount of time required for sterilization, motivating one to turn towards Turbett. Turbett teaches a sterilization system comprising a base (Fig. 1, 10) wherein the base comprises an operating room back table, allowing a user to sterilize medical equipment at a surgical location and reducing sterilization time [0037].
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the sterilization system as taught by Lin to include the operating back table base as taught by Turbett because Turbett teaches the table to allow for immediate sterilization of medical equipment [0037] and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143 (I)(A) and 2143(I)(G).
Regarding claim 18, Lin teaches the rigid sterilization system of claim 1 but does not teach wherein the base is configured to affix to a transport cart. One having ordinary skill in the art would be concerned with transporting the sterilization system, motivating one to turn towards Turbett. Turbett teaches a sterilization system comprising a base (Fig. 1, 10) wherein the base comprises a locking mechanism to removably affix the base to a transfer cart [0062].
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the base as taught by Lin with the locking mechanism as taught by Turbett because Turbett teaches the locking mechanism to allow the base to removably affix to a transfer cart [0062].
Regarding claim 25, Lin teaches the rigid sterilization system of claim 19 but does not teach wherein the base is configured to affix to a transport cart. One having ordinary skill in the art would be concerned with transporting the sterilization system, motivating one to turn towards Turbett. Turbett teaches a sterilization system comprising a base (Fig. 1, 10) wherein the base comprises a locking mechanism to removably affix the base to a transfer cart [0062].
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the base as taught by Lin with the locking mechanism as taught by Turbett because Turbett teaches the locking mechanism to allow the base to removably affix to a transfer cart [0062].
Claim(s) 13, 17, and 24 rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 20200147250 A1) in view of Turbett et al. (US 20180221803 A1) (hereinafter “Turbett ‘803”).
Regarding claim 13, Lin teaches the rigid sterilization system of claim 2 but does not teach wherein the first filter overlying the first vent port further comprises a gasket surrounding the first filter, the first filter and gasket forming a filter cartridge, wherein the filter cartridge is removably secured to the main body.
One having ordinary skill in the art would be concerned with contaminants from building up on the filter and gasket, motivating one to turn towards Turbett ‘803. Turbett ‘803 teaches a sterilization container comprising a filter comprising two layers of filters surrounded by a compressible gasket, forming a filter cartridge, such that the filter cartridge can be disposed between the door of the sterilization container and a container to form a sealed interface ([0064], [0080], [0086]). Turbett ‘803 teaches wherein the filter cartridge is designed to be removably coupled to the sterilization container and be disposable so as to reduce the contamination risks [0080].
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the filter as taught by Lin with the disposable and removable filter cartridge as taught by Turbett ‘803 because Turbett ‘803 teaches the removable filter cartridge to reduce contamination buildup in a sealing gasket [0080]. See MPEP 2143(I)(G).
Regarding claim 17, Lin teaches the rigid sterilization system of claim 1, but does not teach wherein the system further comprises:
a plurality of bases, each base having the rigid cover and the continuous seal between the lower portion of the rigid cover and the first sealing surface; and
a rack having a plurality of shelves, each of the plurality of shelves configured to hold one of the plurality of bases having the rigid cover after sterilization in a sterilizer.
One having ordinary skill in the art would be concerned with transporting the sterilizing containers to a sterilizer, such as an autoclave, motivating one to turn towards Turbett ‘803. Turbett ‘803 teaches a sterilization system comprising a plurality of sterilization containers configured to be loaded onto a sterilization cabinet (Fig. 11, 100 = understood to be a rack) wherein the cabinet has a plurality of shelves configured to hold a plurality of sterilization containers [0076].
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the sterilization system as taught by Lin to include the sterilization cabinet as taught by Turbett ‘803 because Turbett ‘803 teaches the cabinet to accommodate a plurality of sterilization containers for sterilization operations [0076-0077] and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A) and 2143(I)(G).
Further it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to duplicate the sterilization containers as taught by Lin to simultaneously sterilize a greater quantity of medical objects and this involves the duplication of parts which has already been found to be obvious. See MPEP 2144.04 (V)(B).
Regarding claim 24, The rigid sterilization system of claim 19, but does not teach wherein the system further comprises:
a plurality of bases, each base having the rigid cover and the continuous seal between the lower portion of the rigid cover and the first sealing surface; and
a rack having a plurality of shelves, each of the plurality of shelves configured to hold one of the plurality of bases having the rigid cover after sterilization in a sterilizer.
One having ordinary skill in the art would be concerned with transporting the sterilizing containers to a sterilizer, such as an autoclave, motivating one to turn towards Turbett ‘803. Turbett ‘803 teaches a sterilization system comprising a plurality of sterilization containers configured to be loaded onto a sterilization cabinet (Fig. 11, 100 = understood to be a rack) wherein the cabinet has a plurality of shelves configured to hold a plurality of sterilization containers [0076].
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the sterilization system as taught by Lin to include the sterilization cabinet as taught by Turbett ‘803 because Turbett ‘803 teaches the cabinet to accommodate a plurality of sterilization containers for sterilization operations [0076-0077] and this involves the combination of elements to yield a predictable result with a reasonable expectation of success. See MPEP 2143(I)(A) and 2143(I)(G).
Further it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to duplicate the sterilization containers as taught by Lin to simultaneously sterilize a greater quantity of medical objects and this involves the duplication of parts which has already been found to be obvious. See MPEP 2144.04 (V)(B).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20120152957 A1 teaches a sterilization container with a vented cover.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nebyate Seged whose telephone number is (703)756-4611. The examiner can normally be reached M-F 8-5:00 pm (EST).
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, Maris Kessel can be reached at (571) 270-7698. 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.
/N.S.S./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
Prosecution Insights