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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 1, recitation of a first filter structure including plurality of ledges and dimples and second filter structure including plurality of ledges and dimples, in combination with plurality of ridges and troughs in the first and second filter structures raises a written description issue because nowhere in the specification is disclosed the first and second filter structures including combination of ledges, dimples, ridges and troughs together.
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 1-6 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 1, in line 11, recitation of “the second plurality of ridges” and lines 12-13, recitation of “the first plurality of troughs” lacks antecedent basis. It is unclear to which ridges and which troughs applicant is referring. In addition, the claim is indefinite for the reasons explained in the 112 first paragraph, above.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Oertmann (US 2007/0062830) in view of Lorenz (4,551,311).
Claim 1
As best understood, Oertmann discloses a modular lid (14) of a sterilization container comprising a modular body including an inlet opening (34) (see [0046]); a first filter structure (defined by lid wall 32 including projections 38) extending along the modular body and including a first plurality of ledges (defined by projections 38) and a first plurality of dimples (defined by spaces between projections 38) formed between the first plurality of ledges; and a second filter structure (defined by carrier plate 40) disposed within the modular body and including a second plurality of ledges (defined by projections 44) and a second plurality of dimples (defined by spaces between projections 44) formed between the second plurality of ledges; wherein the second filter structure is disposed relative to the first filter structure such that the second plurality of ledges extend at least partially over the first plurality of dimples and the second plurality of dimples extend at least partially over the first plurality of ledges thereby forming a tortuous filter path that inhibits ingress and egress from the sterilization container (see figure 3, [0003] and [0050]). Oertmann discloses it is possible to provide a pressure relieve valve on the sterile container to permit exchange of gas between the interior and the exterior of the container in case a minimum pressure difference is exceeded (see [0004]). Oertmann does not disclose the modular lid including an outlet opening. However, Lorenz discloses a sterilizer container comprising a lid (12) and a container portion (10), wherein the lid comprises an intermediate cover (14a) with multiple two-way valves/outlet openings (20) for equalization of pressure (see abstract and figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modular lid of Oertmann including multiple two-way valves, or replacing the inlet opening for multiple two-way valves, as taught by Lorenz for equalization of pressure from the sterile container.
Claim 2
Lorenz further discloses the two-way valves/outlet openings has a circular shape (see figure 6). After Oertmann is modified by Lorenz, the two-way valves will be disposed on the modular lid.
Claim 3
Oertmann further discloses the inlet opening is disposed over/around the ledges and dimples (see figure 1). After Oertmann is modified by Lorenz, the two-way valves/outlet openings would be disposed over/around the ledges and dimples.
Claim 4
After Oertmann is modified by Lorenz, the two-way valves/outlet openings are formed of multiple outlet sub-openings. Each two-way valve disclosed by Lorenz is considered as a sub-opening.
Claim 5
Oertmann discloses the inlet opening (34) is disposed in the first filter structure (see figure 2). After Oertmann is modified by Lorenz, the area of the two-way valve defines inlet and outlet openings, wherein the two-way valve is defined by a circular shape.
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
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