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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 20th, 2026 has been entered.
Amendment Entered
In response to the amendment filed on January 20th, 2026, amended claims 1, 5, 32 and new claim 33 are entered. Claims 24-31 are canceled. Claims 11-12, 18, and 20 remain withdrawn from consideration. Claims 1, 3-10, 13-17, 19, and 32-33 are currently under examination.
Response to Arguments
Applicant's remarks and amendments with respect to the claim objection have been fully considered. The objection is withdrawn in view of the amendment.
Applicant's remarks and amendments with respect to the rejections under 35 U.S.C. 112(a) and 112(b) have been fully considered. The rejections are withdrawn in view of the amendment.
Claim Objections
Although these claims remain withdrawn, Claims 11-12, 18, and 20 are objected to because they have incorrect status identifiers. Currently, they are identified as “(Previously Presented)”. However, Claims 11-12, 18, and 20 should be indicated as “(Withdrawn)”. The withdrawn claims may have further identifiers to indicate that they are amended, but the “(Withdrawn)” status identifier must be present.
Appropriate correction is required.
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.
Claims 1, 3-4, 6-8, 13-15, 17, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Lervick (U.S. Patent No. 5,053,207; cited by Applicant) in view of Williams (U.S. Patent No. 4,824,641; cited by Applicant).
Regarding Claim 1, Lervick discloses a system for managing a plurality of tonometer probes (sterilizer device for tonometer tips; Abstract), comprising:
a first compartment for holding contaminated tonometer probes (a novel and improved sterilization system specifically adaptable for use in sterilizing tonometer tips; Column 2 Lines 15-16), wherein the first compartment has an input port (The lid is placed on top of the container 11 and a tonometer tip T is inserted into one or more of the inner openings 21 to soak for a predetermined time interval usually on the order of 10 to 15 minutes; Column 4 Lines 6-10; See Figures 1-3) and is configured to hold a first cylindrical cartridge that has a central axis and that holds a plurality of elements circularly arranged about the central axis of the cartridge (A lid 20 is removably disposed on the upper edge 16 of the container wall 14 and is provided with a plurality of tip-supporting means in the form of spaced openings 21 and 22. The lid 20 is preferably constructed of a flat plate 24 which is oversized with respect to the wall 14 so that outer openings 22 are positioned at spaced circumferential intervals around the lid and radial outwardly of the wall 14. The inner spaced openings 21 are similarly arranged in a circumferential fashion but disposed inwardly of the wall 14 of the container; Column 3 Lines 32-39; See Figures 1-2), wherein the elements of the first cartridge each have an open end configured to receive contaminated tonometer probes (The lid is placed on top of the container 11 and a tonometer tip T is inserted into one or more of the inner openings 21 to soak for a predetermined time interval usually on the order of 10 to 15 minutes; Column 4 Lines 6-10; See Figures 1-3); and
a second compartment for holding clean tonometer probes (After soaking, the tip(s) is removed and placed in one of the outer openings 22 in order to air dry the corneal contact surface. The tip is wiped after soaking and drying as a preliminary for use; Column 4 Lines 10-14; See Figures 1-3), wherein the second compartment has an output port (After soaking, the tip(s) is removed and placed in one of the outer openings 22 in order to air dry the corneal contact surface. The tip is wiped after soaking and drying as a preliminary for use; Column 4 Lines 10-14; See Figures 1-3) and is configured to hold a second cylindrical cartridge that has a central axis and that holds a plurality of tubes circularly arranged about the central axis of the second cartridge (A lid 20 is removably disposed on the upper edge 16 of the container wall 14 and is provided with a plurality of tip-supporting means in the form of spaced openings 21 and 22. The lid 20 is preferably constructed of a flat plate 24 which is oversized with respect to the wall 14 so that outer openings 22 are positioned at spaced circumferential intervals around the lid and radial outwardly of the wall 14. The inner spaced openings 21 are similarly arranged in a circumferential fashion but disposed inwardly of the wall 14 of the container; Column 3 Lines 32-39; See Figures 1-2), wherein the tubes of the second cartridge each have an open end configured to dispense clean tonometer probes (The lid is placed on top of the container 11 and a tonometer tip T is inserted into one or more of the inner openings 21 to soak for a predetermined time interval usually on the order of 10 to 15 minutes; Column 4 Lines 6-10; See Figures 1-3).
Lervick fails to disclose wherein the first compartment is configured to contain the first cylindrical cartridge; the second compartment is configured to contain the second cylindrical cartridge; wherein the plurality of elements are a plurality of tubes; wherein the first cartridge is configured to rotate about the central axis such that each of the tubes can be aligned with the input port to receive a contaminated probe from a tonometer and wherein the second cartridge is configured to rotate about the central axis of the second cartridge such that each of the tubes can be aligned with the output port to dispense a clean probe to the tonometer; and wherein the first and second compartments are distinct from one another.
In a similar technical field, Williams discloses an improved sample carrier and pipette tips for use in an automated sample handling device (Abstract), comprising tubes (item 219) each configured to receive and hold another element (item 22A).
The substitution of one known element (holes) as taught by Lervick for another (tubes) as taught by Williams would have been obvious to one of ordinary skill in the art at the filing date of the invention since the substitution would have yielded predictable results, namely, a receiving means for holding elongated objects. In addition, tube components as taught by Williams teach the benefit of being able to permit a predetermined vertical position (Williams Column 6 Lines 19-24).
Alternatively, Williams discloses an improved sample carrier and pipette tips for use in an automated sample handling device (Abstract), comprising tubes (item 22A) each configured to receive and hold another element (item 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize a movable tube as taught by Williams to the system of Lervick, the motivation being this allowing the insertion to compensate for potentially being off centered (Williams Column 6, lines 45-48).
Williams further teaches wherein the first compartment (carrier 15) is configured to contain the first cylindrical cartridge (top 205); the second compartment (carousel 14) is configured to contain the second cylindrical cartridge (bottom 204); wherein the first cartridge is configured to rotate about the central axis such that each of the tubes can be aligned with the input port to receive a contaminated probe from a tonometer and wherein the second cartridge is configured to rotate about the central axis of the second cartridge such that each of the tubes can be aligned with the output port to dispense a clean probe to the tonometer (FIG. 1 also shows a rotatable carousel 14 which can serially bring a plurality of analytical sample containers such as test tubes 16A, 16B and 16C or the like carried by sample carrier 15 into position for processing by the carriage and transfer to assay trays carried on table 12; Column 4 Lines 33-38; Carrier 15 rests on and is carried by carousel 14. Carrier 15 is constructed of two pieces of plastic material, a bottom 204 and a top 205. These pieces are circular in shape with the bottom 204 being raised in the center and the top 205 being depressed in the center. The top and bottom are joined at their center by welds and by bolted knob 206. The knob also provides a convenient handle for lifting and manipulating the carrier. This arrangement allows the edge of the top 205 to resiliently move upwards and downwards relative to the bottom 204. The bottom 204 has registration means 207 for engaging a raised section 202 of carousel 14 so that when the carousel moves it also moves the carrier. The carrier 15 has a series of apertures about the outside edge of its top 205. One of these is shown as 209. Corresponding cups or receivers such as 210 are located in bottom 204 below these apertures. These apertures and indents are sized to accept sample containers such as test tube 16A; Column 5 Lines 27-47; Examiner’s Note: Although these input and output ports are not directly recited, the invention of Williams is capable of rotating the carousel and carrier to align with a designated input/output port); and wherein the first and second compartments are distinct from one another (Carrier 15 rests on and is carried by carousel 14. Carrier 15 is constructed of two pieces of plastic material, a bottom 204 and a top 205; Column 5 Lines 27-47).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the rotational teachings of Williams into the invention of Lervick in order to ensure that the carousel is movable to align the tubes into a desired position (Williams Column 5 Lines 21-24).
Regarding Claim 3, Lervick discloses wherein the first and second cartridges are removable from their respective compartments (A lid 20 is removably disposed on the upper edge 16 of the container wall 14 and is provided with a plurality of tip-supporting means in the form of spaced openings 21 and 22; Column 3 Lines 32-35). Williams further teaches wherein the first and second cartridges are removable from their respective compartments (This carrier is removable from the carousel and has spaced about the circumference of its body a plurality of apertures for receiving the sample containers; Column 2 Lines 40-43; Carrier 15 rests on and is carried by carousel 14. Carrier 15 is constructed of two pieces of plastic material, a bottom 204 and a top 205; Column 5 Lines 27-29).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the carousel and carrier teachings of Williams into the invention of Lervick in order to ensure that the carousel is movable to align the tubes into a desired position (Williams Column 5 Lines 21-24).
Regarding Claim 4, Lervick discloses wherein the first and second compartments are connected to a shared housing (sterilization device 10 is preferably comprised of a container or receptacle 11 having an opaque base or bottom plate 12; Column 3 Line 18 – Column 4 Line 20).
Lervick fails to disclose wherein: the first compartment is an upper compartment; the second compartment is a lower compartment the upper compartment is above the lower compartment; and the upper and lower compartments are each openable to receive a cartridge.
In a similar technical field, Williams discloses an improved sample carrier and pipette tips for use in an automated sample handling device (Abstract), wherein: the first compartment is an upper compartment (sample carrier 15); the second compartment is a lower compartment (carousel 14) the upper compartment is above the lower compartment (See Figure 1); and the upper and lower compartments are each openable to receive a cartridge (sample carrier 15 is configured to contain top 205 and carousel 14 is configured to contain bottom 204).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the carousel and carrier teachings of Williams into the invention of Lervick in order to ensure that the carousel is movable to align the tubes into a desired position (Williams Column 5 Lines 21-24).
Regarding Claim 6, Lervick discloses wherein the first and/or second compartment is moveable to facilitate loading of a cartridge (A lid 20 is removably disposed on the upper edge 16 of the container wall 14 and is provided with a plurality of tip-supporting means in the form of spaced openings 21 and 22; Column 3 Lines 32-35).
Regarding Claim 7, Lervick discloses wherein the first and second cartridges are connected to a shared housing such that the central axis of the first cartridge is in alignment with the central axis of the second cartridge (A lid 20 is removably disposed on the upper edge 16 of the container wall 14 and is provided with a plurality of tip-supporting means in the form of spaced openings 21 and 22. The lid 20 is preferably constructed of a flat plate 24 which is oversized with respect to the wall 14 so that outer openings 22 are positioned at spaced circumferential intervals around the lid and radial outwardly of the wall 14. The inner spaced openings 21 are similarly arranged in a circumferential fashion but disposed inwardly of the wall 14 of the container; Column 3 Lines 32-39; See Figures 1-2).
Regarding Claim 8, Lervick fails to disclose an actuator that causes at least one of the first and second cartridges to rotate, such that the rotated cartridge advances to (a) align an empty one of the tubes of the first cartridge with the input port or (b) dispense the clean probe into the tonometer via the output port.
In a similar technical field, Williams discloses an improved sample carrier and pipette tips for use in an automated sample handling device (Abstract), comprising an actuator that causes at least one of the first and second cartridges to rotate (The automatic traversing of the pipette, the rotation of the carousel to bring samples into alignment, and the pick up of the tips by the pipette is subject to the usual variations common with mechanical devices…knob 206. The knob also provides a convenient handle for lifting and manipulating the carrier. This arrangement allows the edge of the top 205 to resiliently move upwards and downwards relative to the bottom 204. The bottom 204 has registration means 207 for engaging a raised section 202 of carousel 14 so that when the carousel moves it also moves the carrier; Column 5 Lines 21-40), such that the rotated cartridge advances to (a) align an empty one of the tubes of the first cartridge with the input port or (b) dispense the clean probe into the tonometer via the output port (FIG. 1 also shows a rotatable carousel 14 which can serially bring a plurality of analytical sample containers such as test tubes 16A, 16B and 16C or the like carried by sample carrier 15 into position for processing by the carriage and transfer to assay trays carried on table 12; Column 4 Lines 33-38; Examiner’s Note: Although these input and output ports are not directly recited, the invention of Williams is capable of rotating the carousel and carrier to align with a designated input/output port).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the rotational teachings of Williams into the invention of Lervick in order to ensure that the carousel is movable to align the tubes into a desired position (Williams Column 5 Lines 21-24).
Regarding Claim 13, Lervick fails to disclose a first actuator that causes the first cartridge to rotate to align an empty tube of the first cartridge with the input port; and a second actuator that causes the second cartridge advance to dispense the clean probe into the tonometer via the output port.
In a similar technical field, Williams discloses an improved sample carrier and pipette tips for use in an automated sample handling device (Abstract), comprising a first actuator that causes the first cartridge to rotate to align an empty tube of the first cartridge with the input port (The automatic traversing of the pipette, the rotation of the carousel to bring samples into alignment, and the pick up of the tips by the pipette is subject to the usual variations common with mechanical devices…knob 206. The knob also provides a convenient handle for lifting and manipulating the carrier. This arrangement allows the edge of the top 205 to resiliently move upwards and downwards relative to the bottom 204. The bottom 204 has registration means 207 for engaging a raised section 202 of carousel 14 so that when the carousel moves it also moves the carrier; Column 5 Lines 21-40; FIG. 1 also shows a rotatable carousel 14 which can serially bring a plurality of analytical sample containers such as test tubes 16A, 16B and 16C or the like carried by sample carrier 15 into position for processing by the carriage and transfer to assay trays carried on table 12; Column 4 Lines 33-38; Examiner’s Note: Although these input and output ports are not directly recited, the invention of Williams is capable of rotating the carousel and carrier to align with a designated input/output port); and
a second actuator that causes the second cartridge advance to dispense the clean probe into the tonometer via the output port (The automatic traversing of the pipette, the rotation of the carousel to bring samples into alignment, and the pick up of the tips by the pipette is subject to the usual variations common with mechanical devices…knob 206. The knob also provides a convenient handle for lifting and manipulating the carrier. This arrangement allows the edge of the top 205 to resiliently move upwards and downwards relative to the bottom 204. The bottom 204 has registration means 207 for engaging a raised section 202 of carousel 14 so that when the carousel moves it also moves the carrier; Column 5 Lines 21-40; FIG. 1 also shows a rotatable carousel 14 which can serially bring a plurality of analytical sample containers such as test tubes 16A, 16B and 16C or the like carried by sample carrier 15 into position for processing by the carriage and transfer to assay trays carried on table 12; Column 4 Lines 33-38; Examiner’s Note: Although these input and output ports are not directly recited, the invention of Williams is capable of rotating the carousel and carrier to align with a designated input/output port).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the rotational teachings of Williams into the invention of Lervick in order to ensure that the carousel is movable to align the tubes into a desired position (Williams Column 5 Lines 21-24).
Regarding Claim 14, Lervick fails to disclose an actuator that causes the first and second cartridges to rotate in unison, such that the first cartridge advances to align an empty tube of the first cartridge with the input port and the second cartridge advances to dispense the clean probe into the tonometer via the output port.
In a similar technical field, Williams discloses an improved sample carrier and pipette tips for use in an automated sample handling device (Abstract), comprising an actuator that causes the first and second cartridges to rotate in unison (The automatic traversing of the pipette, the rotation of the carousel to bring samples into alignment, and the pick up of the tips by the pipette is subject to the usual variations common with mechanical devices…knob 206. The knob also provides a convenient handle for lifting and manipulating the carrier. This arrangement allows the edge of the top 205 to resiliently move upwards and downwards relative to the bottom 204. The bottom 204 has registration means 207 for engaging a raised section 202 of carousel 14 so that when the carousel moves it also moves the carrier; Column 5 Lines 21-40), such that the first cartridge advances to align an empty tube of the first cartridge with the input port and the second cartridge advances to dispense the clean probe into the tonometer via the output port (FIG. 1 also shows a rotatable carousel 14 which can serially bring a plurality of analytical sample containers such as test tubes 16A, 16B and 16C or the like carried by sample carrier 15 into position for processing by the carriage and transfer to assay trays carried on table 12; Column 4 Lines 33-38; Examiner’s Note: Although these input and output ports are not directly recited, the invention of Williams is capable of rotating the carousel and carrier to align with a designated input/output port).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the actuator teachings of Williams into the invention of Lervick in order to ensure that the carousel is movable to align the tubes into a desired position (Williams Column 5 Lines 21-24).
Regarding Claim 15, Lervick discloses wherein the output port is a cup-like structure configured to mate with the tonometer to facilitate passage of the clean probe from the second cartridge into the tonometer (After soaking, the tip(s) is removed and placed in one of the outer openings 22 in order to air dry the corneal contact surface. The tip is wiped after soaking and drying as a preliminary for use; Column 4 Lines 10-14; See Figures 1-3).
Regarding Claim 17, Williams discloses wherein each of the plurality of tubes of the first cartridge has an open end (top surface of collar 219) and a portion distal from the open end (lower portion of collar 219) configured to support one of the contaminated tonometer probes (tip 22A) while allowing passage of fluid into or out of the tube (The tip 22A includes a tapered tube 24 which takes up, stores and discharges liquid; Column 6 Lines 24-25).
Regarding Claim 33, Lervick discloses wherein the first and second compartments are connected to a shared housing (sterilization device 10 is preferably comprised of a container or receptacle 11 having an opaque base or bottom plate 12; Column 3 Line 18 – Column 4 Line 20). Williams further teaches wherein the first (carrier 15) and second (carousel 14) compartments are connected to a shared housing (FIG. 1 also shows a rotatable carousel 14 which can serially bring a plurality of analytical sample containers such as test tubes 16A, 16B and 16C or the like carried by sample carrier 15 into position for processing by the carriage and transfer to assay trays carried on table 12; Column 4 Lines 33-38; Carrier 15 rests on and is carried by carousel 14. Carrier 15 is constructed of two pieces of plastic material, a bottom 204 and a top 205. These pieces are circular in shape with the bottom 204 being raised in the center and the top 205 being depressed in the center. The top and bottom are joined at their center by welds and by bolted knob 206. The knob also provides a convenient handle for lifting and manipulating the carrier. This arrangement allows the edge of the top 205 to resiliently move upwards and downwards relative to the bottom 204. The bottom 204 has registration means 207 for engaging a raised section 202 of carousel 14 so that when the carousel moves it also moves the carrier. The carrier 15 has a series of apertures about the outside edge of its top 205. One of these is shown as 209. Corresponding cups or receivers such as 210 are located in bottom 204 below these apertures. These apertures and indents are sized to accept sample containers such as test tube 16A; Column 5 Lines 27-47; See Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the connected carousel and carrier teachings of Williams into the invention of Lervick in order to ensure that the parts are movable to align the elements into a desired position (Williams Column 5 Lines 21-24).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Lervick and Williams as applied to Claim 1 above, and further in view of Mariotti et al (U.S. Patent No. 7,708,938; cited by Applicant).
Regarding Claim 16, Lervick and Williams fail to disclose an indicator that signals that the first cartridge is full or that the second cartridge is empty.
In a similar technical field, Mariotti discloses a method and device for measuring and controlling the circulation of fluids in endoscope channels (Abstract), comprising an indicator that signals that the first cartridge is full (As soon as the high level sensor N2 indicates that the chamber is full, the action is maintained for a waiting time equal to half the filling time; Column 5 Lines 48-51) or that the second cartridge is empty (a timing is performed until the low level sensor N1 indicates that the chamber 12 is empty; Column 5 Lines 63-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the indicator teachings of Mariotti into the teachings Lervick and Williams in order to control filling and emptying of the chambers during the cleaning and disinfection process of medical equipment (Mariotti Column 3 Lines 11-26).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Lervick and Williams as applied to Claim 1 above, and further in view of Wallock et al (U.S. Patent No. 5,308,406; previously cited).
Regarding Claim 19, Lervick discloses wherein the first and second cartridges are connected to a housing (sterilization device 10 is preferably comprised of a container or receptacle 11 having an opaque base or bottom plate 12; Column 3 Line 18 – Column 4 Line 20).
Lervick and Williams fail to disclose wherein the housing is a wall-mountable housing.
In a similar technical field, Wallock teaches a method for cleaning soiled health care instruments (Abstract), wherein the housing is a wall-mountable housing (If preferred, the device 9 may be mounted on a bracket 53 (FIG. 5). For this purpose the bracket 53 may have a platform 54 on which the device 9 is received, a mounting back 55 secured to a stand or wall 57; Column 5 Lines 34-38; Figure 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the mounting teachings of Wallock into the teachings Lervick and Williams in order to allow the device to be located at a height sufficient to permit easy insertion of the health care instruments as well as easily snapped in or removed when it is desired to clean (Wallock Column 5 Lines 34-60).
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Lervick and Williams as applied to Claim 1 above, and further in view of Lesic et al (U.S. Publication No. 2015/0128997; previously cited).
Regarding Claim 32, Lervick and Williams fail to disclose a push button that causes the first or second cartridge to rotate.
In a similar technical field, Lesic teaches a cleaning device and methods for cleaning medical devices (Abstract), comprising a push button that causes the first or second cartridge to rotate (pressing a button or switch applies power to an electrical motor, which when powered on, causes rotation of at least one of the first axis and the second axis; [0069]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the button teachings of Lesic into the teachings Lervick and Williams, as such a system has the added potential benefit of being “hands-free” and potentially gives the care-giver the option of using one hand for other activities, while using his/her first hand to apply the medical device to the device cleaning apparatus (Lesic [0070]).
Allowable Subject Matter
Claims 5 and 9-10 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANEL J JHIN whose telephone number is (571) 272-2695. The examiner can normally be reached on Monday-Friday 9:00AM-5:00PM.
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/CHANEL J YOON/Examiner, Art Unit 3791