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 § 102
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 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.
Claim(s) 1, 7 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirschmann et al (Hirschmann) (US9,333,289).
1. Hirschmann teaches a form-fitting packaging container (Fig. 3 at 10) for a catheter (where the container can hold a catheter), the form-fitting packaging container comprising: a hollow body (within the container 10) extending longitudinally from a first end (Fig. 3 at 204) to a second end (Fig. 3 at 202); and a plurality of supports (in the below annotated Fig. 3) disposed in the hollow body and spaced longitudinally between the first end and the second end, the plurality of supports defining a central opening (Fig. 3 at 254 and the other openings on the plurality of supports) configured to receive the catheter (where the opening is configured as such).
7. Hirschmann a form-fitting packaging container (Fig. 3 at 10) for a catheter (where the container can hold a catheter), the form-fitting packaging container comprising: a hollow body (Fig. 3 at 10) extending longitudinally from a first end (Fig. 3 at 204) to a second end (Fig. 3 at 202); and a plurality of supports (in the below annotated Fig. 3) disposed in the hollow body (Fig. 3) and spaced longitudinally between the first end and the second end, each of the plurality of supports extending inward from the hollow body to a central opening (Fig. 3 at 254 and the other openings on the plurality of supports) sized to receive the catheter (where the openings are sized to receive a catheter).
13. Hirschmann teaches a form-fitting packaging container (Fig. 3 at 10) for a catheter (where the container can hold a catheter), the form-fitting packaging container comprising: a solid wall tube (Fig. 3 at 10) extending longitudinally from a first end (Fig. 3 at 204) to a second end (Fig. 3 at 202); and a plurality of supports (in the below annotated Fig. 3) disposed in the solid wall tube and spaced longitudinally between the first end and the second end, each of the plurality of supports extending inward from the solid wall tube to a central opening (Fig. 3 at 254 and the other openings on the plurality of supports) sized to receive the catheter (where the openings are sized to receive a catheter).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirschmann, in view of Heaston (US5,037,436).
2. Hirschmann DIFFERS in that it does not disclose each of the plurality of supports comprises an inflatable bladder. Attention, however is directed to Heaston (Fig. 2 at 16), which discloses a support can comprise of an inflatable bladder. Therefore, it would have been obvious, to one of ordinary skill within the art, at the time the invention was made, to modify Hirschmann, in view of Heaston, by employing the support to be inflatable, in order to have a holder that can accommodate variable size contents.
Allowable Subject Matter
Claims 3-6, 8-12 and 14-20 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.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREEN KAY THOMAS whose telephone number is (571)270-5611. The examiner can normally be reached 9:00am-5:00pm.
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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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/KAREEN K THOMAS/Primary Examiner, Art Unit 3736
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