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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted before the mailing date of the instant action are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-7, 10-11, 14, and 26) in the reply filed on 12/9/2025 is acknowledged.
Claims 29-31, 44-45, 47, 49-50, and 53 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/9/2025.
Claim Objections
Claims 14 and 26 are objected to because of the following informalities:
On line 1 of claim 14, “any of the preceding claims” should recite a particular claim because some of the preceding claims (8-9 and 12-13) are cancelled. For the purposes of this action, the claim is interpreted as being dependent upon claim 1.
On line 1 of claim 26, “any one of claims 1 to 13” should recite a particular claim because some of the preceding claims (8-9 and 12-13) are cancelled. For the purposes of this action, the claim is interpreted as being dependent upon claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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, 10-11, 14, and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Argenta Innovation LTD (WO 2019/164410; hereafter Argenta).
In regard to claim 1, Argenta discloses a winged capsule (1) for delivery of a substance to an animal (see at least par. [0001], [0002]), the winged capsule comprising: a capsule (2) having a bottom wall (bottom of tubular wall; see Fig. 3 for a close-up view or plunger 12; or element 12 or element 4) and a tubular wall (see tubular wall in Figs. 1-2) extending from the bottom wall, the tubular wall and the bottom wall defining an inner space adapted to contain the substance (see par. [0003], [0140], [0173]-[0174]), and the bottom wall having an aperture (see the opening of 2 at the bottom portion or aperture 13 of element 12 or apertures 11 of 4) adapted to deliver the substance to the animal (see at least par. [0077]-[0080] and [0191]-[0192]); and a capsule retainer (3) including a central wing portion (at and around 18) connected to the capsule and wings (portions 7, 8, 9 of 3) connected to and extending laterally from the central wing portion along a wing plane (see at least Fig. 1), the central wing portion having a maximum central width (see at least Fig. 7), wherein each of the wings has a distal end (at 10) having a distal width and an intermediate section between the distal end and the central wing portion (any portion between 10 and 18 can be considered the intermediate zone), the intermediate section having a width narrowing from a width adjacent the central wing portion to the distal width (see par. [0093]-[0095]).
In regard to claim 2, Argenta discloses wherein the capsule has an outer cross-section width measured perpendicularly to a longitudinal extent of the wings, wherein the maximum central width is at least 60% of the outer cross-section width of the capsule (see par. [0093]-[0095]; the width of the wings can decrease as moved away from the central portion; if the central portion is wider than the wings, this condition is met).
In regard to claim 3, Argenta discloses wherein the capsule retainer (3) includes a localized flexure area (area adjacent 7) within the central wing portion of the capsule retainer (see par. [0262]; the area 7 is more rigid than the other areas but is configured to bend at some forces).
In regard to claim 4, Argenta discloses wherein the capsule retainer (3) comprises a transverse rib (portion of rib 15 extending from center to edge; see Fig. 7) in the central wing portion, and extending distally from the transverse rib along the wing plane, lateral edge ribs (outer lateral ribs 15; see Fig. 7) and an intermediate longitudinal rib (middle portion of ribs 15 between the lateral edge ribs (see at least Fig. 7).
In regard to claim 5, Argenta discloses wherein at least one of the lateral edge ribs and the intermediate longitudinal rib comprises a notch within the central wing portion (see U-shaped notches in Fig. 8).
In regard to claim 6, Argenta discloses wherein the central wing portion comprises a localized flexure area (area adjacent 7).
In regard to claim 7, Argenta discloses wherein the localized flexure area (area adjacent 7) comprises reduced height rib portions of the lateral edge ribs and/or the intermediate longitudinal rib (see par. [0127]-[0128]; any height can be considered reduced from another greater height).
In regard to claim 10, Argenta discloses wherein the lateral edge ribs and the intermediate longitudinal ribs extend distally from the localized flexure area (see Figure 7; the localized flexure area can be considered to end before the portion 7 ends).
In regard to claim 11, Argenta discloses wherein the central wing portion comprises a transverse rib (15) and the transverse rib includes a cavity (18), a width of the transverse rib being greater than a diameter of the cavity (see Figs. 1, 2, and 7).
In regard to claim 14, Argenta discloses wherein the capsule has a top portion adjacent a bottom portion (see Fig. 1), the bottom portion including the bottom wall (4), the bottom wall having a flat surface section encircling the aperture (11) and having a first thickness, a rounded circumferential edge surface (at 6 in Fig. 3), and a reinforcement section (where 20 meets 19 in Figure 3) between the flat surface section and the rounded radial edge surface, the reinforcement section having a second thickness greater than the first thickness (see Fig. 3).
In regard to claim 26, Argenta discloses wherein the capsule retainer (3) comprises a top surface (see Fig. 1) and a bottom surface opposite the top surface (see Fig. 2), lateral edge ribs (10) and intermediate longitudinal ribs (15) extending from the top surface, and bottom ribs (15) extending from the bottom surface (see par. [0121]- the ribs can be positioned on the top and bottom surface of the wings).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE J STIGELL whose telephone number is (571)272-8759. The examiner can normally be reached M-F 9-5:30 EST.
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THEODORE J. STIGELL
Primary Examiner
Art Unit 3783
/THEODORE J STIGELL/Primary Examiner, Art Unit 3783
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