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
This office action is responsive to the amendment filed on 4/29/2026 As directed by the amendment: claim 1 has been amended; no claims have been cancelled; and no claims have been added. Thus, claims 1-16 and 18-21 are presently pending in this application.
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.
Claims 1-16 and 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hawthorne (US 20050215958 A1).
Regarding claim 1, Hawthorne discloses a syringe apparatus (Figs. 1-12) comprising:
a syringe portion having a syringe (3) or holder (50) adapted to receive a syringe therein (Paragraph [0077]), the syringe portion having a rear grip (60) for seating in or against a user's hand (Figs. 11-12) and a front grip (68) formed at or adjacent to a tip end of the syringe portion (Fig. 3); and
a movable member (10) engageable with a plunger (8) of the syringe (Paragraph [0078]), the movable member having a finger grip (20) at or adjacent to a tip end (19) of the movable member (Fig. 1) and positioned on an in-use upper surface of the syringe apparatus (Fig. 11 flipped shows a possible “in-use” configuration where the finger grip 20 would be located on an upper surface of the syringe apparatus), the movable member being engaged with the syringe portion and configured to move relative to the rear grip when a user applies a force at the finger grip (Paragraph [0078]);
wherein the front grip and the rear grip are formed as lateral projections with respect to the movable member (Figs. 3 and 11).
Regarding claim 2, Hawthorne discloses the syringe apparatus of claim 1, wherein the movable member is slidably engageable with the syringe portion (Paragraph [0084]).
Regarding claim 3, Hawthorne discloses the syringe apparatus of claim 1, wherein the movable member is at least in part receivable in a longitudinal channel (55) of the syringe portion (Paragraph [0084]).
Regarding claim 4, Hawthorne discloses the syringe apparatus of claim 3, wherein the movable member comprises an elongate spine (15) at least in part receivable in the longitudinal channel which interconnects the finger grip with the plunger (Paragraph [0084]).
Regarding claim 5, Hawthorne discloses the syringe apparatus of claim 4, wherein the finger grip has a width greater than a width of the longitudinal channel (Fig. 7).
Regarding claim 6, Hawthorne discloses the syringe of claim 1, wherein the rear grip comprises at least one lateral flange palm grip (63).
Regarding claim 7, Hawthorne discloses the syringe apparatus of claim 6, wherein the rear grip further comprises a second lateral flange palm (53) opposed to the at least one lateral flange palm grip (Fig. 9).
Regarding claim 8, Hawthorne discloses the syringe apparatus of claim 6, wherein the at least one lateral flange palm grip has a contoured profile (Fig. 9).
Regarding claim 9, Hawthorne discloses the syringe apparatus of claim 1, wherein the front grip has a lateral extent which is less than or equal to a lateral extent of the rear grip (Fig. 3).
Regarding claim 10, Hawthorne discloses the syringe apparatus of claim 1, wherein the front grip is angularly oriented to the rear grip (Figs. 3-4 and 9-10).
Regarding claim 11, Hawthorne discloses the syringe apparatus of claim 1, wherein the syringe portion comprises a syringe holder (50), and the movable member is engaged with the syringe holder opposite to a syringe-receiving aperture of the syringe holder (Figs. 11-12, Paragraph [0084]).
Regarding claim 12, Hawthorne discloses the syringe apparatus of claim 1, wherein the syringe portion comprises a syringe holder (50), and the movable member is engaged with the syringe holder adjacent to a syringe-receiving aperture of the syringe holder (Figs. 11-12, Paragraph [0084]).
Regarding claim 13, Hawthorne discloses the syringe apparatus of claim 1, wherein the movable member includes a plunger-connector (12) for receivably coupling to the plunger (Paragraph [0078], Figs. 11-12).
Regarding claim 14, Hawthorne discloses the syringe apparatus of claim 13, wherein the plunger-connector comprises a cap (12) receivable around a plunger top (9) of the syringe (Paragraph [0078], Figs. 11-12).
Regarding claim 15, Hawthorne discloses the syringe apparatus of claim 13, wherein the plunger-connector comprises a stop (12b) abuttably engageable with the syringe holder to limit travel of the engaged plunger (Paragraph [0078], Figs. 9 and 11-12).
Regarding claim 16, Hawthorne discloses the syringe apparatus of claim 1, wherein the syringe portion comprises a stop (69) at or adjacent to the tip end of the syringe portion (Fig. 9).
Regarding claim 20, Hawthorne discloses the syringe apparatus of claim 1, wherein the syringe apparatus has a form of a syringe adapter device (Figs. 1-12) engageable with a syringe (3, Figs. 1-12).
Regarding claim 21, Hawthorne discloses the syringe apparatus of claim 20, further comprising:
a syringe (3) having a syringe body (5) and a plunger (8) receivable in the syringe body (Paragraph [0077]),
wherein the syringe adapter device is engageable with the syringe (Figs. 11-12), and
wherein engaging the syringe with the syringe adapter device allows a user to operate the syringe apparatus with one hand (Figs. 11-12).
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.
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 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hawthorne (US 20050215958 A1).
Regarding claim 18, Hawthorne discloses the syringe apparatus of claim 1, wherein the syringe portion is a syringe (3).
Hawthorne is silent regarding the movable member is integrally formed with a syringe body of the syringe.
However, it would have been obvious to one of obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the movable member of Hawthorne to incorporate being integrally formed with a syringe body of the syringe since it has been held that making components integral involves only routine skill in the art and would merely be a matter of obvious engineering choice (In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965)).
Regarding claim 19, Hawthorne discloses the syringe apparatus of claim 1, but is silent regarding wherein the movable member is integrally formed with the plunger.
However, it would have been obvious to one of obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the movable member of Hawthorne to incorporate being integrally formed with a syringe body of the syringe since it has been held that making components integral involves only routine skill in the art and would merely be a matter of obvious engineering choice (In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965)).
Response to Arguments
Applicant's arguments filed 3/25/2026 have been fully considered but they are not persuasive.
In response to applicant's arguments, on page 5-6, that Hawthorne does not teach “the front grip and the rear grip are formed as lateral projections with respect to the movable member”, the Examiner respectfully disagrees. Merrium-webster.com defines “lateral” as being “of or relating to the side”. As evidenced by Figs. 1-6 and 9-12 of Hawthorne, the front grip 68 and rear grip 60 are side projections to the movable member, therefore they are lateral projections with respect to the movable member.
In response to applicant's arguments, on page 5-6, that Hawthorne does not teach a finger grip… “positioned on an in-use upper surface of the syringe apparatus”, the Examiner respectfully disagrees. There are a finite number of ways that the device may also be used, one of which is shown in Fig. 11, and another is in a manner where the device shown in Fig. 11 is flipped, therefore teaching the finger grip being positioned on an upper surface of the syringe apparatus in-use. The examiner suggests the applicant avoid using “in-use” language and instead describe where the upper surface is located in a different manner that does not rely on a particular time frame.
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 HONG-VAN N TRINH whose telephone number is (571)272-8039. The examiner can normally be reached Thursday-Thursday 12-8 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HONG-VAN N TRINH/Examiner, Art Unit 3783 /James D Ponton/Primary Examiner, Art Unit 3783
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