DETAILED ACTION
Examiner has received and accepted the amended claims and remarks filed on 8 July 2026. These amended claims and remarks are the claims and remarks being referred to in the instant Office Action. Examiner acknowledges Claims 3 – 5 have been cancelled.
Response to Arguments
Applicant’s arguments with respect to Claims 1, 2, and 6 - 10 have been fully considered and are persuasive. The Double Patenting Rejection of Claims 1, 2, and 6 - 10 has been withdrawn.
Applicant’s arguments with respect to Claims 6 and 7 have been fully considered and are persuasive. The 112(b) Rejection of Claims 6 and 7 has been withdrawn.
Applicant’s arguments with respect to Claims 1, 2, and 6 - 10 have been fully considered and are persuasive. The Prior Art Rejections of Claims 1, 2, and 6 - 10 have been withdrawn.
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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ellis (US 2013/0175266), in view of Carano et al. (US 2003/0036742).
Regarding Claim 11, Ellis discloses a container assembly for collecting a fluid specimen, in at least Figures 3A and 6, comprising:
a collection container (22) defining a chamber (36) for receiving the fluid specimen (Figure 3A); and
a container lid (24) couplable to an open end of the collection container to at least partially close the open end thereof (Figure 3A); and
a specimen collection tube holder (52, 26) at least partially internal to the collection container (Figure 6) having an elongated receptacle formed therein (Figure 3A), the elongated receptacle configured to receive a specimen collection tube (200) in a receiving cavity formed within the elongated receptacle (Figure 6) and a distal end of the elongated receptacle comprising a coupling interface (interface located at the bottom of 52) (Figure 3A), the specimen collection tube holder having at least one flange (146) and a pair of opposed, upwardly extending wings (112) arranged peripherally to the receiving cavity of the elongated receptacle (Figure 2),
wherein the specimen collection tube holder is rotatably couplable to a central portion (64) of the container lid (see 26 in 52 maintained in position by ring 150 which structure permits rotation of the tube holder portion 52 in 64) (Figures 3B, 3C) such that at least a portion of the elongated receptacle extends into the chamber of the collection container when the container lid is coupled to the collection container and the specimen collection tube holder is coupled to the container lid (Figure 6).
Ellis fails to expressly disclose the specimen collection tube holder is removably coupled to the central portion of the container lid.
Carano teaches a specimen collection tube holder (60) having an elongated receptacle formed therein (formed by 62, 70), the elongated receptacle configured to receive a specimen collection tube (80) (Figure 3), wherein the specimen collection tube holder is removably couplable to a central portion of the container lid (via 30) such that at least a portion of the elongated receptacle extends into the chamber of the collection container when the container lid is coupled to the collection container and the specimen collection tube holder is coupled to the container lid (via 62) (Figure 3).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Ellis so that the specimen collection tube holder is removably coupled to the central portion of the container lid for the benefit of disposing the sharps portion in a sharps device and transporting the container assembly in a safe manner for appropriate disposal, as taught by Carano [0013].
Allowable Subject Matter
Claims 1 – 2 and 6 – 10 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 1, the prior art fails to anticipate nor render obvious an upward pulling force on the pull tab tears the perforated seam and separates the specimen collection tube holder from the container lid, in combination with the recited claim limitations. These features are critical to the applicant’s invention as they allow for disposal of the sharps in a biohazard container and the remainder to be disposed of in a general waste container, as discussed in [0050] of the filed specification.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ALEXANDER MERCADO whose telephone number is (571)270-7094. The examiner can normally be reached Monday - Thursday 9am - 4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at (571) 272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALEXANDER A. MERCADO
Primary Examiner
Art Unit 2855
/ALEXANDER A MERCADO/ Primary Examiner, Art Unit 2855
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