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 § 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 1-3, and 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wiart (US 20190249965 A1) in view of Hwang et al. (US 20090259201 A1).
Regarding claim 1, Wiart discloses a self-removing animal injection apparatus (animal injection apparatus 112, Fig 3) for injecting an animal with a liquid medication (liquid medication (LM); [0021]), the apparatus comprising: a shaft (shaft 114, Fig 3) having a first end (first end 116, Fig 3); a syringe (syringe 115, Fig 3); a needle (needle 128, Fig 3) at said first end (116) of the shaft (114) and defining a longitudinal direction (longitudinal direction 10003, Annotated Fig 1; [0005]), the needle (128) being in fluid communication with the syringe (115) ([0005]); a first disengaging member (contact member 148; Fig 3) movable substantially along the longitudinal direction (10003, Annotated Fig 1) ([0023]) and operable to assist with disengagement of the animal injection apparatus (112) ([0030]) from the animal once at least some of the liquid medication (LM) has been injected into the animal ([0023]); and a second disengaging member (projections 158, Fig 3) movable substantially along the longitudinal direction (10003) (projections can move substantially along the longitudinal direction through threading coupling with shaft 114; Fig 3) and operable to assist with disengagement of the animal injection apparatus (112) from the animal once at least some of the liquid medication (LM) has been injected into the animal ([0029]-[0030]) and wherein at least one source of pressure (pressurization of pressure chamber 122, Fig 4) provides a motive force to move the first (148; [0021]).
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Wiart is silent wherein at least one source of pressure provides a motive force to move the second disengaging member.
Hwang teaches a self-removing animal injection apparatus (Fig. 3) wherein at least one source of pressure (Drive member 9, Fig 3 ; [0037]) provides a motive force to move the disengaging member (shield member 15, Fig 3).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the second disengagement member of device of Wiart with similar disengagement member as taught by Hwang for the purpose of assisting the disengagement of device once at least some of the medication has been injected ([0018]; [0021]).
Regarding claim 2, Wiart/Hwang discloses the self-removing animal injection apparatus of claim 1. Wiart discloses further comprising: a needle mounting disk (needle mounting disk 170, Fig 3) to secure the needle (128) to the syringe (115) ([0028]; Fig 3) and to support the first disengaging member (148) (Fig 3); and a support member (end cap 156, Fig 3) to support the second contact member (158).
Regarding claim 3, Wiart/Hwang discloses the self-removing animal injection apparatus of claim 2. Wiart discloses wherein the syringe (115) further comprises a syringe barrel (wall of syringe 115 where plunger 124 slides, Fig 3).
Wiart is silent wherein the support member is positioned to one side of the syringe barrel
Hwang teaches wherein the support member ( hub 11, Fig 3) is positioned to one side of the syringe barrel (tubing 3, Fig 3).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the support member of device of Wiart/Hwang with similar structural features and lateral volume as taught by Hwang for the purpose of housing and supporting elements critical for its function ([0037]).
Regarding claim 5, Wiart/Hwang discloses the self-removing animal injection apparatus of claim 1. Wiart discloses further comprising: a first pressure chamber (pressure source chamber 122, Fig 3) operable to contain a source of pressure (air; [0021]); and wherein said source of pressure (air) provides the motive force to move the first disengaging member (148) along the longitudinal direction (10003, Annotated Fig 1) ([0021]; [0031]: air pressure causes movement of plunger 124 which pushes the valve 146 and contact member 148 along the direction of the longitudinal axis).
Regarding claim 6, Wiart/Hwang discloses the self-removing animal injection apparatus of claim 2. Wiart is silent wherein the support member comprising a hollow internal cavity having a second pressure chamber operable to contain a source of pressure; and wherein said source of pressure provides the motive force to move the second disengaging member along the longitudinal direction.
Hwang teaches wherein the support member (11) comprising a hollow internal cavity (second passage 39, Fig 3) having a second pressure chamber (proximal portion of passage 39, housing drive member 9, Fig 3) operable to contain a source of pressure (9); and wherein said source of pressure (9) provides the motive force to move the second disengaging member (15) along the longitudinal direction ([0032]).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Wiart/Hwang with similar support member elements and structure as taught by Hwang for the purpose of assisting the disengagement of device once at least some of the medication has been injected ([0018]; [0021]; [0032]).
Regarding claim 7, Wiart/Hwang discloses the self-removing animal injection apparatus of claim 2. Wiart discloses further comprising: a first pressure chamber (pressure source chamber 122, Fig 3); wherein the first pressure chamber (122) is operable to contain a first source of pressure ([0021]: pressurized air); and wherein said first source of pressure (air) provide the motive force to move the first disengaging member (148) along the longitudinal direction (direction 10003, Annotated Fig 1).
Wiart is silent wherein the support member further comprises a hollow internal cavity having a second pressure chamber; wherein the second pressure chamber is operable to contain a second source of pressure; and wherein said second source of pressure provides the motive force to move the second disengaging member along the longitudinal direction.
Hwang teaches wherein the support member (11) further comprises a hollow internal cavity (second passage 39, Fig 3) having a second pressure chamber (proximal portion of passage 39, housing drive member 9, Fig 3); wherein the second pressure chamber (proximal portion of passage 39) is operable to contain a second source of pressure (drive member 9); and wherein said second source of pressure (9) provides the motive force to move the second disengaging member (15) along the longitudinal direction ([0032]).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Wiart/Hwang with similar support member elements and structure as taught by Hwang for the purpose of assisting the disengagement of device once at least some of the medication has been injected ([0018]; [0021]; [0032]).
Regarding claim 8, Wiart/Hwang discloses the self-removing animal injection apparatus of claim 7. Wiart is silent wherein the first pressure chamber fluidly communicates with the second pressure chamber via a linking passage.
Hwang teaches a first pressure chamber (chamber defined by tubing 3, Fig 3) fluidly communicates with the second pressure chamber (proximal portion of passage 39, housing drive member 9, Fig 3) via a linking passage (via capillary tubes 55, Fig 4) (First pressure chamber and second pressure chamber are in fluid functional communication through link 55; upon fluid reaching the link 55 it causes activation material 57 to expand and movement of member 15; [0046]).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Wiart/Hwang with similar link and allowing fluid functional communication as taught by Hwang for the purpose of assisting the disengagement of device once at least some of the medication has been injected ([0018]; [0021]; [0032]).
Regarding claim 9, Wiart/Hwang discloses the self-removing animal injection apparatus of claim 1. Wiart discloses wherein the first disengaging member (148) is positioned at or near a center axis of the shaft (114)([0023]: “The contact member is positioned at or near a center axis of the shaft of the dart and the needle is positioned to one side relative to the center axis of the dart.”).
Regarding claim 10, Wiart/Hwang discloses the self-removing animal injection apparatus of claim 9. Wiart discloses wherein the needle (128) is positioned on a side relative to the center axis. ([0023]: “The contact member is positioned at or near a center axis of the shaft of the dart and the needle is positioned to one side relative to the center axis of the dart.”).
Regarding claim 11, Wiart/Hwang discloses the self-removing animal injection apparatus of claim 1. Wiart discloses wherein the second disengaging member (158) is a circular loop (Fig 5, projections 158 and cap 156 form a circular loop), said circular loop being of sufficient diameter to loop around both the needle (128) and the first disengaging member (148) (Fig 5).
Regarding claim 12, Wiart discloses a self-removing animal injection apparatus (Fig 3) for injecting an animal with a liquid medication (liquid medication (LM); [0021]), the apparatus comprising: a shaft (shaft 114, Fig 3) having a first end (first end 116, Fig 3), a second end (second end 132, Fig 3) and a shaft (114) center axis ([0023]; center axis of the shaft and the dart are the same); a syringe (syringe 115, Fig 3) having a syringe chamber (syringe chamber 120, Fig 3); a first pressure chamber (pressure chamber 122, Fig 3) suitable to contain a source of pressure (air; [0021]), said source of pressure operable to act on a first piston ; wherein the first piston (piston of plunger rod 124) is sealably disposed between, and functionally separating, the syringe chamber (120) and the first pressure chamber (122) ([0031]; medicine is contained in chamber 120; therefore the piston of plunger 124 seal the chamber at the lower end); a needle (needle 128, Fig 3) at said first end (116) of the shaft (114) and defining a longitudinal direction (10003, Annotated Fig 1) (longitudinal direction defined by needle 128; Fig 3), the needle (128) being in fluid communication with the syringe (115) ([0020]) ; a first disengagement member (contact member 148, Fig 3) movable in the longitudinal direction (10003, Annotated Fig 1) ([0023]) and operable to assist with disengagement of the animal injection apparatus (112) (Fig 3-4 ;[0030]-[0031]) from an animal once at least some of the liquid medication (LM) has been injected into the animal ([0029]-[0030]); a valve (valve member 146, Fig 3) actuatable between an open position (position seen in Fig 3) and a closed position (position seen in Fig 4), the open position (position seen in Fig 3) allowing free flow of liquids from syringe chamber (120) to needle (128) ([0031]), and the closed position (position seen in Fig 4) precluding the flow of liquids from syringe chamber (120) to needle (128) ([0031]); a support member (end cap 156, Fig 3) having a hollow internal cavity (hollow internal cavity defined by cap walls where shaft 114 is inserted, Fig 3), a first end (10000, Annotated Fig 1), a second end (10001, Annotated Fig 1) and a support member center axis (10002, Annotated Fig 1); and a second disengagement member (projections 158, Fig 3) supported by the support member (156)(projections 158 are supported by cap 156) and movable in the longitudinal direction (projections can move substantially along the longitudinal direction 10003, annotated Fig 1 through threading coupling with shaft 114; Fig 3) and operable to assist with disengagement of the animal injection apparatus (112) from an animal once at least some of the liquid medication (LM) has been injected into the animal ([0029]-[0030]) and wherein at least one source of pressure (pressurization of pressure chamber 122, Fig 4) provides a motive force to move the first (148; [0021]).
Wiart is silent wherein at least one source of pressure provides a motive force to move the second disengaging member.
Hwang teaches a self-removing animal injection apparatus (Fig. 3) wherein at least one source of pressure (Drive member 9, Fig 3 ; [0037]) provides a motive force to move the disengaging member (shield member 15, Fig 3).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the second disengagement member of device of Wiart with similar disengagement member as taught by Hwang for the purpose of assisting the disengagement of device once at least some of the medication has been injected ([0018]; [0021]).
Claims 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wiart (US 20190249965 A1) in view of in view of Hwang et al. (US 20090259201 A1), in further view of Foshee et al. (US 20110152832 A1) in further view of Wilkinson et al. (US20050159706).
Regarding claim 4, Wiart/Hwang discloses the self-removing animal injection apparatus of claim 3. Wiart is silent wherein the support member and the syringe barrel are constructed from a single molded piece of plastic.
Foshee teaches wherein the support member (external housing 1002, Fig 799; [0059])and the syringe barrel (Syringe barrel; [0059])are constructed from a single piece (Fig 15 shows the syringe barrel and the support member are a single piece).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Wiart/Hwang with teaching of a unitary single piece comprising the syringe barrel and the support member as taught by Foshee for the purpose of reducing manufacturing time and have a gas actuated mechanism that reduces or eliminated blood contact upon being released (abstract).
Wiart/Hwang/Foshee are silent wherein the unitary single piece is made of plastic.
Wilkinson teaches an injection apparatus (medical syringe, Fig 1) comprising a unitary single piece (barrels 23 and 24, Fig 1; [0031]) made of plastic ([0031]).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the material of unitary piece of device of Wiart/Hwang/Foshee to be made of plastic as taught by Wilkinson for the purpose of ease of manufacturing and easier to handle as result of lighter weight when compared to other known materials such as metal or glass ([0031]).
Allowable Subject Matter
Claims 13-14 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.
The following is a statement of reasons for the indication of allowable subject matter:
The art of record does not teach or render obvious:
Claim 13 limitation: “a sliding valve (160) slidably disposed about the plunger shaft (24s) and captured thereon by a capture member (170); wherein, when the sliding valve (160) is positioned at a sealing position (SLP) fluid communication between the first and second pressure chambers (22, 122) is prevented” in combination with the elements set forth in the claims.
Claim 14 limitation: “ wherein when the capture member (170) contacts the sliding valve (160), said sliding valve (160) is moved out of the sealing position SLP and allows for fluid communication between the first and second pressure chambers (22, 122) via the linking passage (130)” in combination with the elements set forth in the claims.
Response to Arguments
Applicant’s arguments with respect to claims 1-12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUILLERMO G PAZ ESTEVEZ whose telephone number is (703)756-5951. The examiner can normally be reached Monday- Friday 8:00-5:00.
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/GUILLERMO G PAZ ESTEVEZ/ Examiner, Art Unit 3783
/Lauren P Farrar/ Primary Examiner, Art Unit 3783
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