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 Amendment
Applicants’ response filed 2/26/2026 did not include any claim amendments. Claims 1-32 and 41-45 are cancelled. Applicants’ arguments filed 2/26/2026 are persuasive in overcoming the 35 USC 102/103 rejections over Zhao from the office action mailed 8/26/2025; therefore, these rejections are withdrawn. Applicants also filed a terminal disclaimer to obviate the double patenting rejection from the office action mailed 8/26/2025; therefore, this rejection is withdrawn. A new ground of rejection is set forth below. This action is NON-FINAL.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 33-40 are rejected under 35 U.S.C. 103 as being unpatentable over D’Souza et al., US Patent Application Publication No. 2011/0313363 (hereinafter referred to as D’Souza).
Regarding claims 33, 36 and 39-40, D’Souza discloses a method of lubricating an interface between a first component having a surface in frictional engagement with a surface of a second component, including a syringe assembly or syringe pump wherein the first component is a syringe barrel having an interior surface and the second component is a syringe plunger formed by an elastomeric material that is coated with a lubricous coating and forms a tight seal with the barrel of the syringe (as recited in claims 33 and 39) (see Abstract and see Figures).
D'Souza further discloses a lubricous coating comprising a first, curable organopolysiloxane having at least two alkenyl groups (reads on “second silicone being an organopolysiloxane that is copolymerizable with the first silicone” as recited in claim 33); and a second, moisture-curable organopolysiloxane having at least two polar groups (reads on “a first silicone being a hydrolysable siloxane capable of crosslinking reaction upon exposure to moisture at ambient temperature” as recited in claim 33), the second organopolysiloxane being different from the first organopolysiloxane (Para. [0055]-[0077]) wherein the lubricous coating provide a breakloose force of 15N or less (as recited in claim 36) (see Table 10), and can have a thickness of up to 2 microns (as recited in claim 40) (Para. [0081]).
Regarding claims 34-35 and 37-38, D’Souza discloses a force required to maintain steady slide of one surface over another after breakout or breakloose is referred to as the "sustaining force.” Two main factors contribute to static friction and thus to the breakout or breakloose force. The term "stick" as used herein denotes the tendency of two surfaces in stationary contact to develop a degree of adherence to each other. The term "inertia" is conventionally defined as the indisposition to motion which must be overcome to set a mass in motion. Inertia is that component of the breakout force which does not involve adherence. All of these forces are lowered by the lubricous coating taught by D’Souza (Para. [0011] and See Figures and Tables). Also, it is the position of the examiner that as D’Souza discloses all the lubricant composition components of instant claim 33 and the syringe assembly recited in instant claim 33 that claims 34-35 and 37-38 are read upon by D’Souza.
Claim Rejections - 35 USC § 103
Claims 33-40 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al., US Patent Application Publication No. 2008/0071228 (hereinafter referred to as Wu).
Regarding claims 33, 36 and 39-40, Wu discloses a method of lubricating an interface between a first component having a surface in frictional engagement with a surface of a second component, including a syringe assembly or syringe pump wherein the first component is a syringe barrel having an interior surface and the second component is a syringe plunger formed by an elastomeric material that is coated with a lubricous coating and forms a tight seal with the barrel of the syringe (as recited in claims 33 and 39) (see Abstract and see Figures).
Wu further discloses a lubricous coating comprising a first, curable organopolysiloxane having at least two alkenyl groups (reads on “second silicone being an organopolysiloxane that is copolymerizable with the first silicone” as recited in claim 33); and a second, moisture-curable organopolysiloxane having at least two polar groups (reads on “a first silicone being a hydrolysable siloxane capable of crosslinking reaction upon exposure to moisture at ambient temperature” as recited in claim 33), the second organopolysiloxane being different from the first organopolysiloxane (Para. [0063]-[0082]) wherein the lubricous coating provide a breakloose force of 15N or less (as recited in claim 36) (see Tables), and can have a thickness of 1 to 2 microns (as recited in claim 40) (Para. [0086]).
Regarding claims 34-35 and 37-38, Wu discloses a force required to maintain steady slide of one surface over another after breakout or breakloose is referred to as the "sustaining force.” Two main factors contribute to static friction and thus to the breakout or breakloose force. The term "stick" as used herein denotes the tendency of two surfaces in stationary contact to develop a degree of adherence to each other. The term "inertia" is conventionally defined as the indisposition to motion which must be overcome to set a mass in motion. Inertia is that component of the breakout force which does not involve adherence. All of these forces are lowered by the lubricous coating taught by Wu (Para. [0011] and See Figures and Tables). Also, it is the position of the examiner that as Wu discloses all the lubricant composition components of instant claim 33 and the syringe assembly recited in instant claim 33 that claims 34-35 and 37-38 are read upon by Wu.
Response to Arguments
Applicants’ arguments filed 2/26/2026 regarding claims 33-40 have been fully considered and are moot as the rejections from the previous office action have been withdrawn as discussed above.
It is the position of the examiner that the references discussed above adequately read on the claims as instantly recited.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL V VASISTH whose telephone number is (571)270-3716. The examiner can normally be reached M-F 9:00-4:30 and 7:00-10:00p.
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/VISHAL V VASISTH/Primary Examiner, Art Unit 1771
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