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 .
Response to Arguments
Applicant’s arguments, with respect to the rejections have been fully considered and are persuasive with regards to the clarity and interpretation of the reservoir in the prior art, therefore the previous rejection has been withdrawn. However, upon further consideration, new grounds of rejection have been made that change the rationale for the reservoir structure in the prior art. See rejections below.
The arguments and amendments drawn to a medicament pump are not persuasive as the prior art could be interpretated as a medicament pump.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 5, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (CN 108815638).
Re. clam 1, Wang discloses a medicament pump mechanism comprising a reservoir (1 -front cylinder) comprising a tube-like structure having one open end and one closed end (see fig. 1 and 3), the closed end configured with a fluid path, a plunger (6), disposed in the reservoir, the plunger configured to move longitudinally within the reservoir (see fig. 3, 10, 11); a scissor mechanism (2) coupled to the plunger and extending out through the open end of the reservoir (see fig. 1, 3, 10, 11), a drive mechanism (4) coupled to the scissor mechanism for driving the scissor mechanism between a contracted position and an expanded position (see figs. 1, 3, 9-11), wherein the scissor mechanism is adapted to be moved from the contracted position to the expanded position causing the plunger to move longitudinally in the reservoir toward the closed end of the reservoir (see fig. 1, 3, 9-11).
Re clm. 5 Wang discloses, the scissor mechanism is rotatably coupled (indirectly coupled through 5 which allows the scissor mechanism to rotate with respect to the plunger) to the plunger at one end of the scissor mechanism and the scissor mechanism is rotatably coupled to a body (41) of a device at an opposite end of the scissor mechanism (the scissor mechanism rotates at the engagement portions of 41) .
Re. clm. 7, Wang discloses a medicament pump mechanism comprising a reservoir (1 -front cylinder) comprising a tube-like structure having one open end and one closed end (see fig. 1 and 3), the closed end configured with a fluid path, a plunger (6), disposed in the reservoir, the plunger configured to move longitudinally within the reservoir (see fig. 3, 10, 11 and respective columns); a first scissor mechanism (2 – the first scissor mechanism includes only one bar connected to shared linkage [rivet structure]) coupled to the plunger and extending out through the open end of the reservoir (see fig. 1, 3, 10, 11 and respective columns), a second scissor mechanism coupled to the first scissor mechanism via a linkage (2 – the second scissor mechanism includes the opposite side one bar connected to shared linkage [rivet structure] – the interpretation is that 2 – “telescopic frame body” includes two scissor mechanism that are connected via linkages when the two scissor mechanisms crisscross); a drive mechanism (4) coupled to the second scissor mechanism (41) for driving the second scissor mechanism between a contracted position and an expanded position (see figs. 1, 3, 9-11 and respective columns), wherein the second scissor mechanism is adapted to be moved from the contracted position to the expanded position causing the plunger to move longitudinally in the reservoir toward the closed end of the reservoir (see fig. 1, 3, 9-11 and respective columns).
Claims 1, 3-7, and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Szoke (U.S. Patent No. 7,708,169).
Re. clm. 1, Szoke discloses a medicament pump mechanism (see figs. 44-45) comprising: a reservoir comprising a tube-like structure (78, see figs. 44-45) having one open end and one closed end, the closed end configured with a fluid path (77); a plunger (23), disposed in the reservoir (see Fig. 45), the plunger configured move longitudinally within the reservoir (col. 6 lines 18-32); a scissor mechanism (24) coupled to the plunger and extending out through the open end of the reservoir (see Fig. 45), a drive mechanism (25/ 26/28/29/30) coupled to the scissor mechanism for driving the scissor mechanism between a contracted position and an expanded position (see Figs. 44-45); wherein movement of the scissor mechanism is adapted to be moved from the contracted position to the expanded position causing the plunger to move longitudinally in the reservoir toward the closed end of the reservoir (see Figs. 44-45 and respective columns).
Re. clm. 3, Szoke discloses wherein the drive mechanism comprises a leadscrew (25, see figs. 18, 44, 45); and a drive nut (28/29, see figs. 18, 44,45) in threaded engagement with the leadscrew such that rotational motion of the leadscrew translates to a linear motion of the drive nut (see col. 6 lines 18-32, figs. 44-45); wherein the drive nut is coupled to the scissor mechanism (see figs, 19, 44-45 and col. 4 lines 62- 67).
Re. clm. 4, Szoke discloses a linkage (62, see Fig. 19-21) coupling the drive nut to the scissor mechanism (see Figs. 19-21, 44, 45).
Re. clm. 5, Szoke discloses the pump mechanism of claim 1, wherein:
the scissor mechanism is rotatably coupled to the plunger at one end (69/66 provide the connection which is capable of being rotatable); and the scissor mechanism is rotatably coupled to a body (28/29, see Fig. 18-21, 44 45 and respective columns) of a device at an opposite end of the scissor-type mechanism.
Re. clm. 6, Szoke discloses a housing (2+4), that securely couples the reservoir to the body of the device such that the reservoir and the end of the scissor mechanism coupled to the body of the device are unable to move with respect to each other (see fig. 1, 44, 45 and respective columns).
Re. clm. 7 Szoke discloses a medicament pump mechanism (see figs. 44-45) comprising: a reservoir comprising a tube-like structure (78, see figs. 44-45) having one open end and one closed end, the closed end configured with a fluid path (77); a plunger (23), disposed in the reservoir (see Fig. 45), the plunger configured move longitudinally within the reservoir (col. 6 lines 18-32); a first scissor mechanism (24 attached to the upper link member actuator 28, the first scissor mechanism includes only one bar connected to shared linkage [rivet structure]) coupled to the plunger and extending out through the open end of the reservoir (see Fig. 45); and a second scissor mechanism (24 attached to the lower link member actuator 29, the second scissor mechanism includes only one bar connected to shared linkage [rivet structure]) coupled to the first scissor mechanism via a linkage (68, the shared rivets connecting the two expanding rows), a drive mechanism (25/26/28/29/30) coupled to the second scissor mechanism for driving the scissor mechanism between a contracted position and an expanded position (see Figs. 44-45); wherein movement of the scissor mechanism is adapted to be moved from the contracted position to the expanded position causing the plunger to move longitudinally in the reservoir toward the closed end of the reservoir (see Figs. 44-45 and respective columns).
Regarding claim 9, Szoke discloses wherein the drive mechanism comprises a leadscrew (25, see figs. 18, 44, 45); and a drive nut (29, see figs. 18, 44,45) in threaded engagement with the leadscrew such that rotational motion of the leadscrew translates to a linear motion of the drive nut (see col. 6 lines 18-32, figs. 44-45); wherein the drive nut is coupled to the second scissor mechanism (see figs, 19, 44-45 and col. 4 lines 62- 67).
Re. clm. 10, Szoke discloses a housing (2+4), that securely couples the reservoir to the body of the device such that the reservoir and the linkage are unable to move with respect to each other (see fig. 1, 44, 45 and respective columns) at the elements are secured in place by the housing.
Conclusion
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Matthew DeSanto
/MATTHEW F DESANTO/Primary Examiner, Art Unit 3700
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