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
The amendment filed July 31st 2025 has been entered. Claims 1 and 10-13 are pending in the application. Applicant’s amendments to the Claims have overcome each and every objection previously set forth in the Non-Final Office Action mailed April 7th 2025.
Claim Rejections - 35 USC § 103
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 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) 1 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barbour (US 20190030253 A1), in view of Gravlee (US 3758006 A).
Regarding claims 1 and 10, Barbour discloses a syringe plunger adapter (gripping device 1400, [0078] & Fig. 13A) comprising: a loop portion that is configured to receive a clinician's thumb (open loop portion 1402, [0078] & Fig. 13A; 1402 configured for use with a user’s finger/thumb, [0078]), the loop portion having a distal end (bottom of loop portion 1402, Fig. 13A) and a proximal end (top of loop 1402, Fig. 13A), the loop portion having a first side and a second side opposite the first side (left and right sides of loop 1402, seen in Fig. 13A and 13B), the second side being flat (right side of loop 1402 being flat, seen in Fig. 13A and 13B); and an adapter portion that extends from the distal end of the loop portion (structures 1410-1430 below the loop portion 1402, Fig. 13A), the adapter portion comprising a distal wall that is spaced from the loop portion by opposing sidewalls that extend from the loop portion (surface 1430 spaced from portion 1402 by sidewalls, [0078] & Fig. 13A; sidewalls are being interpreted as extending from the loop portion as they are directly connected), the distal wall including a notch (recess 1415, [0078] & Fig. 13A) that is configured to receive a plunger when a flange of the plunger is positioned in a channel between the distal wall and the loop portion (“the recess 1415 permits further engagement of the slot structure 1410 with a proximal portion of a plunger portion, such as a plunger tip 140,” [0078] & Fig. 13A; the slot structure 1410 is being interpreted as the claimed channel which is between surface 1430 and loop 1402), wherein the notch extends partially through the distal wall (recess 1415 extends partially through the surface 1430, Fig. 13A and 13B) and includes a center portion (the centermost region of recess 1415 forming a semicircle, Fig. 13B) and a notch channel (the angled channel of recess 1415 leading to the center, Fig. 13B), wherein a distance between the loop portion and a center portion of the distal wall is smaller than a distance between the loop portion and the distal wall at end portions of the distal wall (the distance between the center portion of surface 1430 is closer to the outer surface of loop portion 1402 than the end portions of surface 1430 to the outer surface of loop portion 1402, see Fig. 13A): wherein the distance between the loop portion and the center portion of the distal wall is less than a thickness of the flange of the plunger (the thumb grip can be attached to the syringe by means of compression fit, see [0108], which implies the squeezing of the plunger tip 140 when inserted into slot 1410, [0078]; a compression fit relationship implies that the distance between the center portion of surface 1430 and loop 1402, the distance covered by slot 1410, would be less than the thickness of plunger tip 140, [0078] & Fig. 15A; the Examiner notes that retention features 1420 are not being included in this embodiment of device 1400, the features disclosed as drawn to “certain embodiments” of device 1400, see [0078]) the adapter portion being formed of a flexible material (thumb grip, gripping device 1400, made of flexible materials such as rubber, silicone, or plastic ([0106]) to cause the flange of the plunger to be held snug between the loop portion and the center portion of the distal wall (slot 1410 enabling a user to dispose plunger tip 140 within the slot 1410 for purposes of affixing device 1400 to the plunger, see [0078]; the compression force applied to plunger tip 140 by slot structure 1410 configured to affix tip 140 between the loop portion 1402 and the center of surface 1430, [0078] & Fig. 13A and 15A; the flexible material allowing for the compression fit).
However, the embodiment of Figs. 13A and 13B of Barbour fails to explicitly disclose the first side being tapered from the distal end to the proximal end such that a width of the loon portion decreases from the distal end to the proximal end, the opposing sidewalls being parallel and the distal wall being perpendicular to the opposing sidewalls, and the notch channel having a width that is less than a width or diameter of the plunger.
However, Gravlee teaches a syringe plunger adapter (grasping ring 25, Fig. 1-2) comprising the first side being tapered from the distal end to the proximal end (left side of ring 25 tapering from a distal end to a proximal end, see Col 2 lines 39-41 & Fig. 2) and the second side being flat (right side of ring 25 is being interpreted as flat, see Fig. 2; there being no bumps, curves, etc. on the surface resulting in a flat surface) such that a width of the loop portion decreases from the distal end to the proximal end (the width of ring 25 decreasing from the distal end to the proximal end, forming a trapezoidal arch, see Col 2 lines 39-41 & Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the loop portion of Barbour with Gravlee to include the first side being tapered from the distal end to the proximal end and the second side being flat such that a width of the loop portion decreases from the distal end to the proximal end since such a modification is taught by Gravlee to be an art effective configuration for the loop portion of a syringe adapter and would yield predictable results pertaining to thumb insertion and engagement (see Col 3 lines 8-10 and Col 1 lines 46-59). Additionally, Applicant places no criticality on the claimed shape of the loop portion, simply stating “a first side 110a of loop portion 110 may be tapered while a second side 110b of loop portion 110 may be flat or planar”, [0028].
Further, the embodiment of Fig. 7-9 of Barbour teaches the opposing sidewalls being parallel (attachment slot structure 710 having opposing sidewalls that are parallel, see [0074] & Fig. 8) and the distal wall being perpendicular to the opposing sidewalls (the bottom of structure 710, which is being interpreted as the distal wall, extending perpendicular to the walls connecting the bottom face to the sidewalls of the gripping device 700, [0074] & Fig. 8), the notch channel having a width that is less than a width or diameter of the plunger (slot structure 710 configured to grip the plunger shaft, [0075] & Fig. 8 and 9; the opening narrows toward the central portion through which a plunger shaft is accommodated, this section is smaller than the diameter of the central portion which is sized to fit a plunger shaft; additionally, structure 710 is disclosed as able to accommodate plunger shafts of varying diameter, [0075]).
The combination of the two embodiments above, the attachment slot structure of Figures 7-9 and the gripping device of Figure 13A and 13B, is suitable since it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art, Boston Scientific v. Cordis Fed. Cir. 2009. The prior art also indicates “any of the above items or figures can be appropriately combined with other items or figures for alternative embodiments” and “while many of the embodiments described in greater detail below are described in regard to specific applications, one of skill in the art will appreciate that the various embodiments can readily be applied in other situations as well,” [0077]. In the combination, the slot structure 710 of Figure 7-9 would replace the recess 1415 of Figure 13A.
Regarding claim 11, Barbour, as modified, discloses all the limitations of claim 1. Barbour further discloses the syringe plunger adapter wherein the channel extends fully between the distal wall and the loop portion (the slot 1410 extending fully between surface 1430 and the loop portion 1402, Fig. 13A; the channel reaches the bottommost portion of the loop 1402).
Regarding claim 12, Barbour, as modified, discloses all the limitations of claim 1. However, the embodiments of Figs. 13A/13B and Figs. 7-9 fail to explicitly disclose the syringe plunger adapter wherein the loop portion is continuous. However, the embodiment of Fig. 1 of Barbour teaches the syringe plunger adapter wherein the loop portion is continuous (thumb grip 300 having hole 70 which provides an area for the insertion of a thumb and creates a continuous loop, [0058] & Fig. 1).
The combination of the embodiments above, the loop in Figure 1 and the gripping device of Figures 13A and 13B, is suitable since it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art, Boston Scientific v. Cordis Fed. Cir. 2009. The prior art also indicates “any of the above items or figures can be appropriately combined with other items or figures for alternative embodiments” and “while many of the embodiments described in greater detail below are described in regard to specific applications, one of skill in the art will appreciate that the various embodiments can readily be applied in other situations as well,” [0077]. In the combination, the portion 1402 of Figure 13A can be a continuous loop like the loop seen in Figure 1.
Regarding claim 13, Barbour discloses a method for using a syringe (see [0130]) comprising: obtaining a syringe plunger adapter (using a thumb grip on the plunger, step 430, [0134] & Fig. 12) comprising: a loop portion that is configured to receive a clinician's thumb (open loop portion 1402, [0078] & Fig. 13A; 1402 configured for use with a user’s finger/thumb, [0078]), the loop portion having a distal end (bottom of loop portion 1402, Fig. 13A) and a proximal end (top of loop 1402, Fig. 13A), the loon portion having a first side and a second side opposite the first side (left and right sides of loop 1402, seen in Fig. 13A and 13B), the second side being flat (second side being flat, seen in Fig. 13A and 13B); and an adapter portion that extends from the distal end of the loop portion (structure below the loop portion 1402, 1410-1430, Fig. 13A), the adapter portion comprising a distal wall that is spaced from the loop portion by opposing sidewalls that extend from the loop portion (surface 1430 spaced from portion 1402 by sidewalls, [0078] & Fig. 13A; sidewalls are being interpreted as extending from the loop portion as they are directly connected), the distal wall including a notch (recess 1415, [0078] & Fig. 13A) that is configured to receive a plunger when a flange of the plunger is positioned in a channel between the distal wall and the loop portion (“the recess 1415 permits further engagement of the slot structure 1410 with a proximal portion of a plunger portion, such as a plunger tip 140,” [0078] & Fig. 13A; the slot structure 1410 is being interpreted as the claimed channel which is between surface 1430 and loop 1402), wherein the notch extends partially through the distal wall (recess 1415 extends partially through the surface 1430, Fig. 13A and 13B) and includes a center portion (the centermost region of recess 1415 forming a semicircle, Fig. 13B) and a notch channel (the angled channel of recess 1415 leading to the center, Fig. 13B), wherein a distance between the loop portion and a center portion of the distal wall is smaller than a distance between the loop portion and the distal wall at end portions of the distal wall (the distance between the center portion of surface 1430 is closer to the outer surface of loop portion 1402 than the end portions of surface 1430 to the outer surface of loop portion 1402, see Fig. 13A): wherein the distance between the loop portion and the center portion of the distal wall is less than a thickness of the flange of the plunger (the thumb grip can be attached to the syringe by means of compression fit, see [0108], which implies the squeezing of the plunger tip 140 when inserted into slot 1410, [0078]; a compression fit relationship implies that the distance between the center portion of surface 1430 and loop 1402, the distance covered by slot 1410, would be less than the thickness of plunger tip 140, [0078] & Fig. 15A; the Examiner notes that retention features 1420 are not being included in this embodiment of device 1400, the features disclosed as drawn to “certain embodiments” of device 1400, see [0078]) the adapter portion being formed of a flexible material (thumb grip, gripping device 1400, made of flexible materials such as rubber, silicone, or plastic ([0106]) to cause the flange of the plunger to be held snug between the loop portion and the center portion of the distal wall (slot 1410 enabling a user to dispose plunger tip 140 within the slot 1410 for purposes of affixing device 1400 to the plunger, see [0078]; the compression force applied to plunger tip 140 by slot structure 1410 configured to affix tip 140 between the loop portion 1402 and the center of surface 1430, [0078] & Fig. 13A and 15A; the flexible material allowing for a compression fit), attaching the syringe plunger adapter to the syringe by inserting the plunger of the syringe into the notch (recess 1415 of slot 1410 designed to allow for attachment of the gripping device 1400 to the plunger shaft 140, [0078] & Fig. 12 and 13A and 15A).
However, the embodiment of Figs. 13A and 13B of Barbour fails to disclose a method for using a syringe comprising: obtaining a syringe plunger adapter comprising: the first side being tapered from the distal end to the proximal end such that a width of the loon portion decreases from the distal end to the proximal end, the opposing sidewalls being parallel and the distal wall being perpendicular to the opposing sidewalls, and the notch channel having a width that is less than a width or diameter of the plunger.
However, Gravlee teaches a method for using a syringe (Col 3 lines 6-18) comprising: obtaining a syringe plunger adapter (grasping ring 25, Fig. 1-2) comprising: the first side being tapered from the distal end to the proximal end (left side of ring 25 tapering from a distal end to a proximal end, see Col 2 lines 39-41 & Fig. 2) and the second side being flat (right side of ring 25 is being interpreted as flat, see Fig. 2; there being no bumps, curves, etc. on the surface resulting in a flat surface) such that a width of the loop portion decreases from the distal end to the proximal end (the width of ring 25 decreasing from the distal end to the proximal end, forming a trapezoidal arch, see Col 2 lines 39-41 & Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the method of Barbour with Gravlee to include obtaining a syringe plunger adapter comprising the first side being tapered from the distal end to the proximal end and the second side being flat such that a width of the loop portion decreases from the distal end to the proximal end since such a modification is taught by Gravlee to be an art effective configuration for the loop portion of a syringe adapter and would yield predictable results pertaining to thumb insertion and engagement during adapter use (see Col 3 lines 8-10 and Col 1 lines 46-59). Additionally, Applicant places no criticality on the claimed shape of the loop portion, simply stating “a first side 110a of loop portion 110 may be tapered while a second side 110b of loop portion 110 may be flat or planar”, [0028].
Further, the embodiment of Fig. 7-9 of Barbour teaches a method for using a syringe (see [0130]) comprising: obtaining a syringe plunger adapter (using a thumb grip on the plunger, step 430, [0134] & Fig. 12) comprising: the opposing sidewalls being parallel (attachment slot structure 710 having opposing sidewalls that are parallel, see [0074] & Fig. 8) and the distal wall being perpendicular to the opposing sidewalls (the bottom of structure 710, which is being interpreted as the distal wall, extending perpendicular to the walls connecting the bottom face to the sidewalls of the gripping device 700, [0074] & Fig. 8), the notch channel having a width that is less than a width or diameter of the plunger (slot structure 710 configured to grip the plunger shaft, [0075] & Fig. 8 and 9; the opening narrows toward the central portion through which a plunger shaft is accommodated, this section is smaller than the diameter of the central portion which is sized to fit a plunger shaft; additionally, structure 710 is disclosed as able to accommodate plunger shafts of varying diameter, [0075]).
The combination of the two embodiments above, the attachment slot structure of Figures 7-9 and the gripping device of Figure 13A and 13B, is suitable since it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art, Boston Scientific v. Cordis Fed. Cir. 2009. The prior art also indicates “any of the above items or figures can be appropriately combined with other items or figures for alternative embodiments” and “while many of the embodiments described in greater detail below are described in regard to specific applications, one of skill in the art will appreciate that the various embodiments can readily be applied in other situations as well,” [0077]. In the combination, the slot structure 710 of Figure 7-9 would replace the recess 1415 of Figure 13A.
Response to Arguments
Applicant’s arguments with respect to the claims 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARTIN ADAM RADOMSKI whose telephone number is (571)272-2703. The examiner can normally be reached Monday-Friday: 7:30-4:30 CT.
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/MARTIN A RADOMSKI/Examiner, Art Unit 3783 /EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
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