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 § 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.
Claims 8 and 9 are 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. Regarding claim 8, “the cut-out” in line 3, lacks antecedent basis. It is unclear to what or which cut-out applicant is referring. Claim 9 inherits the same issue because the claim is dependent from claim 8.
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 1 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Riley (5,424,048).
Claim 1
Riley discloses a mesh tray lid (22) capable to be used with a mesh sterilizing tray having a substantially rectangular plate-like or grid-like basic form which defines an outer side which, when being placed onto the mesh sterilizing tray, faces away from the mesh sterilizing tray, wherein a respective detent and/or snap-in device (26), which is provided and configured for receiving a rod-shaped bar positively and/or in a force-fit manner from a direction substantially perpendicular to the outer side, is formed or arranged on two opposite edge portions on the outer side of the mesh tray lid (see figure 1 and column 3 lines 44-52 and lines 64-65).
Claim 7
Riley further discloses the mesh tray lid includes, at each of the two opposite edge portions, a cut-out/groove (26a) which is formed to be substantially rectangular and extends along the respective edge portion. Riley discloses the detent/snap-in device comprises grooves (26a) extending along the length of the detent/snap-in device for receiving handles (28), therefore the cut-out/groove at each detent/snap-in device is rectangular (see figure 1 and column 3 lines 64-64-68).
Claim 8
Riley further discloses the mesh tray lid comprises, in the area of each of the opposite edge portions, an indentation/groove (26a) in a direction perpendicular to the outer side, thus causing a stepping (defined by transition between the indentation and surface pointed by 26) to be formed, wherein a cut-out is formed in the indentation (see figure 1 and column 3 lines 64-64-68).
Claim 9
Riley further discloses the indentation has a trapezoid/rectangular shape, wherein a transition (defined by edge area between the indentation/groove 26a and surface of 26) from the indentation to the non-indented outer side has a planar, closed surface in order to stiffen the transition (see figure 1 and 1a).
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.
Claims 2-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Riley (5,424,048) as applied to claim 1 above, and further in view of Baker (US 7,905,353).
Claims 2-4
Riley does not explicitly disclose the detent and/or snap-in device is formed to be at least partially, elastic in order to receive the rod-shaped bar in a force-fit manner and/or positively by clamping. However, Baker discloses a sterilizable containment tray (20) comprising a snap-fit device/brackets (37) disposed on ends of a tray portion for receiving a rod-shaped portion of a handle (39), so that multiple trays can be attached to each other, in a stack fashion (see column 6 lines 9-14). Baker further discloses the snap-fit device/brackets comprises an elastic detent portion (defined by combination of structures 66 and 67) including elastic clip/detent tabs (67) and a shelf for resiliently receiving the rod-shaped portion of the handle from a deflection permitted by the elastic clip/detent tabs (see column 6 lines 9-33). The snap-fit device/brackets (37) disclosed by Baker comprises two gripping surfaces (defined by tabs 67 and shelf 66) which faces away from each other and extend perpendicularly to the outer side, or comprises a manually greppable open handle (see figure 18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Riley replacing the detent/snap-in device for the snap-fit device/brackets as disclosed by Baker since both structures are equivalent snap-fit devices for holding a rod-shaped portion of a handle and would perform the function of attaching the rod-shaped portion of the handle and the lid in closed position equally well.
Claim 6
Riley discloses the detent and/or snap-in device (26) disposed at both ends of the lid (see column 3 lines 44-45). After Riley is modified by Baker, the snap-fit device/brackets will be at opposite sides of the lid. Baker further discloses the snap-fit device/brackets (37) made from plastic material (see column 4 lines 14-15). It is known that plastic has some degree of elasticity. Baker discloses the permit deformation when the rod-shaped portion of the handle (39) is inserted (see column 6 lines 25-33).
Allowable Subject Matter
Claim 5 is 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736