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 .
This action is in response to the presented claims filed 07/20/2026
Claims 21-40 are presented for examination
This action is Non-Final
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 21-22, 24, 26, 28-32, 36, 38-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Katzman et al. (US 8,086,306) in view of Heller et al. (US 2012/0181282).
Claim 21. Katzman discloses an automated external defibrillator (AED) comprising:
a container 12 containing electrode pads;
a lid 10 covering the container (col. 3, ll. 17-25); and
a handle 16 coupled to the lid at a first location (fig. 1).
Katzman fails to disclose a lifting mechanism. Heller represents evidence of a container 2 with a lid 34, a handle 10 coupled to the lid ([0063]; fig. 5-6);
and a lifting mechanism 53 coupled to the lid at a second location (fig. 6),
wherein the first location and the second location are different, and wherein the second location is detached from the handle (fig. 8). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the container of Katzman to include the oppositely placed lifting mechanism of Heller to gain access to the interior of the container in both the stationary and transporting configuration.
Claims 22. Katzman-Heller discloses the AED of claim 21, wherein the container is rigid (Katzman; col. 2, ll. 34-67).
Claim 24. Katzman-Heller discloses the AED of claim 21, wherein the lifting mechanism is rigid (Katzman; col. 3, ll. 1-27).
Claim 26. Katzman-Heller discloses the AED of claim 21, wherein the lifting mechanism is coupled to the lid at a plurality of distinct locations Katzman; fig. 1).
Claim 28. Katzman-Heller discloses the AED of claim 21, wherein the handle comprises a visual cue (Katzman; col. 2, ll. 54-67).
Claim 29. Katzman-Heller discloses the AED of claim 21, wherein the lifting mechanism is configured to transfer force applied to the handle to a plurality of separate locations on the lid Katzman; col. 3, ll. 17-25).
Claim 30. Katzman-Heller discloses the AED of claim 29, wherein the handle is configured to have force applied in a first direction and transfer the force to the lid in a second direction, wherein the first direction and the second direction are different (Katzman; col. 3, 17-25).
Claim 31. Katzman discloses an automated external defibrillator (AED) comprising:
a container 12 containing electrode pads;
a lid 10 covering the container (col. 3, ll. 17-25); and
a handle 16 coupled to the lid at a first location (fig. 1).
Katzman fails to disclose a lifting mechanism. Heller represents evidence of a container 2 with a lid 34, a handle 10 coupled to the lid ([0063]; fig. 5-6);
and a lifting mechanism 53 coupled to the lid at a second location (fig. 6),
wherein the first location and the second location are different, and wherein the second location is detached from the handle (fig. 8). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the container of Katzman to include the oppositely placed lifting mechanism of Heller to gain access to the interior of the container in both the stationary and transporting configuration.
Claim 32. Katzman-Heller discloses the assembly of claim 31, wherein the container is rigid (Katzman; col. 3, 34-67).
Claim 34. Katzman-Heller discloses the assembly of claim 31, wherein the lifting mechanism is rigid (Katzman; col. 3, 1-27).
Claim 36. Katzman-Heller discloses the assembly of claim 31, wherein the lifting mechanism is coupled to the lid at a plurality of distinct locations (Katzman; col. 3, 1-27, fig. 1).
Claim 38. Katzman-Heller discloses the assembly of claim 31, wherein the handle comprises a visual cue (Katzman; col. 2, 54-67).
Claim 39. Katzman-Heller discloses the assembly of claim 31, wherein the lifting mechanism is configured to transfer force applied to the handle to a plurality of separate locations on the lid (Katzman; col. 3, 17-25).
Claim 40. Katzman-Heller discloses the assembly of claim 39, wherein the handle is configured to have force applied in a first direction and transfer the force to the lid in a second direction, wherein the first direction and the second direction are different (Heller; fig. 8-10).
Claim(s) 23, 25, 27, 33, 35 and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Katzman et al. (US 8,086,306) in view of Heller et al. (US 2012/0181282) in view of Petricca et al. (US 6,413,599).
Claim 23. Katzman-Heller discloses the AED of claim 21, where the container is made of a polymeric material but fails to disclose a compliant material. Petricca teaches wherein the container 12 is a compliant container (col. 3, 11. 31-46). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the container of Katzman to include the compliant material of Petricca to assist in easily viewing and removing the stored product.
Claim 25. Katzman-Heller discloses the AED of claim 21, but fails to disclose a compliant material. Petricca teaches wherein the lifting mechanism 24 is compliant (col. 3, 11. 1-32). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the lifting mechanisms of Katzman to include the compliant material of Petricca to assist in easily gripping and removing the cover from the container.
Claim 27. Katzman-Heller discloses the AED of claim 21, but fails to disclose a compliant material. Petricca teaches wherein the lifting mechanism 24 is configured to bend when pulled (col. 3, ll. 1-32; fig. 6-7). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the lifting mechanisms of Katzman to include the compliant material of Petricca to assist in easily gripping and removing the cover from the container.
Claim 33. Katzman-Heller discloses the AED of claim 31, where the container is made of a polymeric material but fails to disclose a compliant material. Petricca teaches wherein the container 12 is a compliant container (col. 3, 11. 31-46). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the container of Katzman to include the compliant material of Petricca to assist in easily viewing and removing the stored product.
Claim 35. Katzman-Heller discloses the AED of claim 31, but fails to disclose a compliant material. Petricca teaches wherein the lifting mechanism 24 is compliant (col. 3, ll. 1-32. Therefore, it wouldhave been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the lifting mechanisms of Katzman to include the compliant material of Petricca to assist in easily gripping and removing the cover from the container.
Claim 37. Katzman-Heller discloses the AED of claim 21, but fails to disclose a compliant material. Petricca teaches wherein the lifting mechanism 24 is configured to bend when pulled (col. 3, 11. 1-32; fig. 6-7). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the lifting mechanisms of Katzman to include the compliant material of Petricca to assist in easily gripping and removing the cover from the container.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm EST.
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/RAVEN COLLINS/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
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