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 .
Applicant’s response dated 2/24/26 is acknowledged and entered. Claims 17-32 are pending.
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.
Claims 17-22 and 25-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haak (US 5,573,529, previously cited).1 Regarding claim 17, Haak teaches a surgical collection comprising: a primary surgical kit (column 5, lines 48-55: kit or tray), the primary surgical kit comprising at least one first surgical implement for a first procedure and a primary wrap, the primary wrap2 comprising a first visible coding (column 11, lines 32-45: the green for orthopedics, see also columns 5-6, lines 65-67 & 1-15, respectively); and contained within the primary surgical kit, a secondary surgical kit (column 5, lines 48-55: kit or tray), the secondary surgical kit comprising at least one second surgical implement for a second procedure, wherein the second procedure is a closing procedure, and a secondary wrap, the secondary wrap comprising a second visible coding (column 11, lines 32-45: the purple for neurosurgery, see also columns 5-6, lines 65-67 & 1-15, respectively). Regarding claims 18 and 26, Haak teaches the first visible coding comprises a first color (column 11, lines 32-45: the green for orthopedics, see also columns 5-6, lines 65-67 & 1-15, respectively); and the second visible coding comprises a second color (column 11, lines 32-45: the purple for neurosurgery, see also columns 5-6, lines 65-67 & 1-15, respectively). Regarding claims 19 and 28, Haak teaches said at least one first surgical implement comprises, at least in part, the first color (column 11, lines 32-45: the green for orthopedics, see also columns 5-6, lines 65-67 & 1-15, respectively). Regarding claims 20 and 29, Haak teaches said at least one second surgical implement comprises, at least in part, the second color (column 11, lines 32-45: the purple for neurosurgery, see also columns 5-6, lines 65-67 & 1-15, respectively). Regarding claims 21 and 30, Haak teaches said at least one first surgical implement comprises, at least in part, the first color (column 11, lines 32-45: the green for orthopedics, see also columns 5-6, lines 65-67 & 1-15, respectively) and wherein said at least one second surgical implement comprises, at least in part, the second color (column 11, lines 32-45: the purple for neurosurgery, see also columns 5-6, lines 65-67 & 1-15, respectively). Regarding claim 22, Haak teaches the first visible coding comprises a first printed pattern (column 11, lines 32-45: the green for orthopedics, see also columns 5-6, lines 65-67 & 1-15, respectively); and the second visible coding comprises a second printed pattern (column 11, lines 32-45: the purple for neurosurgery, see also columns 5-6, lines 65-67 & 1-15, respectively). Regarding claim 25, Haak teaches a surgical collection comprising: a primary surgical kit (column 5, lines 48-55: kit or tray), the primary surgical kit comprising at least one first surgical implement for a first procedure and a primary wrap, the primary wrap comprising a first visible coding (column 11, lines 32-45: the green for orthopedics, see also columns 5-6, lines 65-67 & 1-15, respectively); a second surgical kit (column 5, lines 48-55: kit or tray), the secondary surgical kit comprising at least one second surgical implement for a second procedure, wherein the first procedure is performed before the second procedure, and a secondary wrap, the secondary wrap comprising a second visible coding (column 11, lines 32-45: the purple for neurosurgery, see also columns 5-6, lines 65-67 & 1-15, respectively); and an outer wrap, wherein the primary surgical kit and the secondary surgical kit are at least partially contained within the outer wrap (column 11, lines 32-45); at least third surgical implement (column 11, lines 32-45), wherein the at least third surgical implement is contained within the outer wrap and outside of the primary surgical kit and second surgical kit (column 11, lines 32-45). Regarding claim 27, Haak teaches said outer wrap comprises a third color (column 11, lines 32-45).
Allowable Subject Matter
Claims 23-24 and 31-32 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s Remarks dated 2/24/26 have been fully considered, and they are persuasive in part and unpersuasive in part. Applicant’s arguments regarding the double patenting rejection with respect to the divisional application of application 16/053,775 are persuasive. Accordingly, the double patenting rejection of claims 17-32 is withdrawn. Applicant’s remarks regarding the teachings of Haak are unpersuasive. Applicant argues that Haak does not teach a “wrap” as required by the independent claims. “Wrap” is defined as “an outer covering.” Collins English Dictionary Online (last accessed 3/4/26). The colored electrodispersion coating of Haak serves as a “wrap” of the objects, so it meets this claim limitation. Applicant has not argued any other limitation, so those are taught by Haak for the reasons set forth herein.
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 MATTHEW MIKELS whose telephone number is (571)270-5470. The examiner can normally be reached Monday to Thursday 7:00 AM ET - 4:30 PM ET, Friday 7:00 AM ET - 11:00 AM ET, the Examiner is on central time.3
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/MATTHEW MIKELS/Primary Examiner, Art Unit 2876
1 In addition to the cited portions, please see also the associated figures.
2 See also additional discussion below.
3 The Examiner can also be reached at matthew.mikels@uspto.gov.