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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/9/26 has been entered.
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, 5-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bertocci (US 2013/0131606 A1).
With regard to claim 1, Bertocci discloses A medical syringe barrel (Fig. 4-5, element 10) comprising a tubular barrel section (generally at 20) for accommodating an internal-use solution in the interior thereof, an injection nozzle section (Fig. 5, see where 52 is pointing) formed at one end of the barrel section, and a flange section (77) formed at an opening section on the other end of the barrel section to project radially outward ([0033], ring can be placed different locations along the barrel including at one end of the barrel), wherein the barrel section includes an intermediate body part (where 20 is pointing in fig. 5) having an outer diameter which is smaller than the outer diameter of the injection nozzle section (52, see Fig. 5) and a large outer diameter barrel section (labeled as 40 in Fig. 4a) having an outer diameter which is equal to the outer diameter of the injection nozzle section (see Fig. 5, large outer diameter section and nozzle section are shown to be the same diameter) the large outer diameter barrel section is formed between the flange section and the intermediate body part (see Fig. 5), an inner diameter of the large outer diameter barrel section is larger than an inner diameter of the intermediate body part (see Fig. 5 showing a cross section of the device including the inner diameters), and a tapered part (44) connects the large outer diameter barrel section and the intermediate body part.
With regard to claim 5, Bertocci discloses wherein the injection nozzle section (52), the intermediate body part (20) and the large outer diameter barrel section (40) are parts of a molded article made by injection molding (all three pieces appear to be made as a single piece as show in Fig. 5. Further, the claim limitation that the injection device are made by injection molding are considered a product-by-process claim. Thus the prior art only needs to teach the structure and does not need to explicitly teach the method of making).
With regard to claim 6, Bertocci discloses wherein a thickness of the large outer diameter barrel section is equal to a thickness of the intermediate body part (see Fig. 5 showing the cross section showing the thickness of part 40 being the same thickness as 20).
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.
Claim(s) 1, 3, 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ricci (US 2020/0170836 A1) in view of Sonoyama et al. (US 2021/0220547 A1) and in further view of Bertocci (US 2013/0131606 A1).
With regard to claim 1, Ricci discloses A medical syringe barrel (fig. 1 and 3) comprising a tubular barrel section (see where 10 is pointing) for accommodating an internal-use solution in the interior thereof, an injection nozzle section (12) formed at one end of the barrel section, wherein the barrel section includes an intermediate body part (where 10 is pointing) having an outer diameter which is smaller than the outer diameter of the injection nozzle section (see Fig. 1 and 3) and a large outer diameter barrel section (14) having an outer diameter which is equal to the outer diameter of the injection nozzle section (Fig. 1 and 3 appear to show the nozzle section 12 and the large outer diameter barrel section as being the same diameter, further it would be prima facie obvious to optimize the size of the barrel sections as doing so would not alter the overall function of the device and the claims have not recited any particular criticality to this particular size); and the large outer diameter barrel section is formed between the flange section and the intermediate body part (formed between the proximal end which would have the flanges, as described below and the intermediate body) and an inner diameter of the large outer diameter barrel section (14) is larger than an inner diameter of the intermediate part (section 14 has a larger inner diameter, as shown in Fig. 3, in order to accommodate a seal 30).
However, Ricci does not disclose the flange section.
Sonoyama teaches a medical syringe barrel (Fig. 1, element 9) having a barrel section (91), a nozzle section (92) and further including a flange section (93) at the proximal end for retaining the syringe barrel in a storage case (as shown in Fig. 4) and for a user to better grip the syringe barrel while in use.
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the syringe barrel of Ricci to include a flange section as taught by Sonoyama for the purpose of allowing the syringe to be retained in a storage container and for the user to grip while delivering a medication ([0023], Fig. 4).
However, Ricci/Sonoyama do not teach a tapered part.
Bertocci teaches a similar device to Ricci (Fig. 4-5) with a barrel with an intermediate section (at 20) a large outer diameter barrel section (at 40) and a injection nozzle section at (at 52) having a larger diameter than the intermediate section. Bertocci further teaches a tapered part (44) connects the larger diameter barrel section and the intermediate part (see Fig. 5).
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the syringe barrel of Ricci/Sonoyama with the tapered part as taught by Bertocci for the purpose of promoting ergonomic finger positioning and placement on the barrel ([0038], [0040]).
With regard to claim 3, Ricci discloses A medical syringe barrel (fig. 1 and 3) comprising a tubular barrel section (see where 10 is pointing) for accommodating an internal-use solution in the interior thereof, an injection nozzle section (12) formed at one end of the barrel section, wherein the barrel section includes an intermediate body part (where 10 is pointing) having an outer diameter which is smaller than the outer diameter of the injection nozzle section (see Fig. 1 and 3) and a large outer diameter barrel section (14) having an outer diameter which is equal to the outer diameter of the injection nozzle section (Fig. 1 and 3 appear to show the nozzle section 12 and the large outer diameter barrel section as being the same diameter, further it would be prima facie obvious to optimize the size of the barrel sections as doing so would not alter the overall function of the device and the claims have not recited any particular criticality to this particular size); and the large outer diameter barrel section is formed between the flange section and the intermediate body part (formed between the proximal end which would have the flanges, as described below and the intermediate body) and an inner diameter of the large outer diameter barrel section (14) is larger than an inner diameter of the intermediate part (section 14 has a larger inner diameter, as shown in Fig. 3, in order to accommodate a seal 30)..
However, Ricci does not disclose the flange section or the packaging.
Sonoyama teaches a medical syringe barrel (Fig. 1, element 9) having a barrel section (91), a nozzle section (92) and further including a flange section (93) at the proximal end for retaining the syringe barrel in a storage case (as shown in Fig. 4) and for a user to better grip the syringe barrel while in use. Sonoyama further teaches a package of a medical syringe barrel having a nest (Fig. 1, element 2), the nest comprises a flat plate (3) member and a tubular member (4), the flat plate member has at least one opening and the tubular member has one end which is connected to the opening (where elements 4 are located) and the other end protrudes upward as a protruding end (see Fig. 1), wherein the inner diameter of the tubular member is set to be larger than the outer diameter of the large outer diameter barrel section and smaller than the outer diameter of the flange section (see Fig. 4, showing the syringe located within the tubular section) and the flange section is contacted with the protruding end of the tubular member, and at least a portion of the barrel section is held inside the tubular member (see Fig. 4).
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the syringe barrel of Ricci to include a flange section and packaging as taught by Sonoyama for the purpose of allowing the syringe to be retained in a storage container and for the user to grip while delivering a medication ([0023], Fig. 4).
However, Ricci/Sonoyama do not teach a tapered part.
Bertocci teaches a similar device to Ricci (Fig. 4-5) with a barrel with an intermediate section (at 20) a large outer diameter barrel section (at 40) and a injection nozzle section at (at 52) having a larger diameter than the intermediate section. Bertocci further teaches a tapered part (44) connects the larger diameter barrel section and the intermediate part (see Fig. 5).
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the syringe barrel of Ricci/Sonoyama with the tapered part as taught by Bertocci for the purpose of promoting ergonomic finger positioning and placement on the barrel ([0038], [0040]).
With regard to claim 5 and 7, Ricci discloses wherein the injection nozzle section, the intermediate body part and the large outer diameter barrel section are parts of a molded article made by injection molding (Fig. 3 shows parts 12, 10, and 14 appear to made of one piece. Further, the claim limitation that the injection device are made by injection molding are considered a product-by-process claim. Thus the prior art only needs to teach the structure and does not need to explicitly teach the method of making).
With regard to claim 6 and 8, Ricci discloses wherein a thickness of the large outer diameter barrel section is equal to a thickness of the intermediate body part (see Fig. 3, showing the wall thickness of the intermediate section (where 10 is pointing) being the same thickness as the large outer barrel section (where 14 is pointing).
Claim(s) 3, 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bertocci (US 2013/0131606 A1) in view of Sonoyama et al. (US 2021/0220547 A1).
With regard to claim 3, Bertocci discloses A medical syringe barrel (Fig. 4-5, element 10) comprising a tubular barrel section (generally at 20) for accommodating an internal-use solution in the interior thereof, an injection nozzle section (Fig. 5, see where 52 is pointing) formed at one end of the barrel section, and a flange section (77) formed at an opening section on the other end of the barrel section to project radially outward ([0033], ring can be placed different locations along the barrel including at one end of the barrel), wherein the barrel section includes an intermediate body part (where 20 is pointing in fig. 5) having an outer diameter which is smaller than the outer diameter of the injection nozzle section (52, see Fig. 5) and a large outer diameter barrel section (labeled as 40 in Fig. 4a) having an outer diameter which is equal to the outer diameter of the injection nozzle section (see Fig. 5, large outer diameter section and nozzle section are shown to be the same diameter) the large outer diameter barrel section is formed between the flange section and the intermediate body part (see Fig. 5), an inner diameter of the large outer diameter barrel section is larger than an inner diameter of the intermediate body part (see Fig. 5 showing a cross section of the device including the inner diameters), and a tapered part (44) connects the large outer diameter barrel section and the intermediate body part.
However, Bertocci does not disclose the packaging.
Sonoyama teaches a medical syringe barrel (Fig. 1, element 9) having a barrel section (91), a nozzle section (92) and further including a flange section (93) at the proximal end for retaining the syringe barrel in a storage case (as shown in Fig. 4) and for a user to better grip the syringe barrel while in use. Sonoyama further teaches a package of a medical syringe barrel having a nest (Fig. 1, element 2), the nest comprises a flat plate (3) member and a tubular member (4), the flat plate member has at least one opening and the tubular member has one end which is connected to the opening (where elements 4 are located) and the other end protrudes upward as a protruding end (see Fig. 1), wherein the inner diameter of the tubular member is set to be larger than the outer diameter of the large outer diameter barrel section and smaller than the outer diameter of the flange section (see Fig. 4, showing the syringe located within the tubular section) and the flange section is contacted with the protruding end of the tubular member, and at least a portion of the barrel section is held inside the tubular member (see Fig. 4).
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the syringe barrel of Bertocci to include packaging as taught by Sonoyama for the purpose of allowing the syringe to be retained in a storage container and for the user to grip while delivering a medication ([0023], Fig. 4).
With regard to claim 7, Bertocci discloses wherein the injection nozzle section (52), the intermediate body part (20) and the large outer diameter barrel section (40) are parts of a molded article made by injection molding (all three pieces appear to be made as a single piece as show in Fig. 5. Further, the claim limitation that the injection device are made by injection molding are considered a product-by-process claim. Thus the prior art only needs to teach the structure and does not need to explicitly teach the method of making).
With regard to claim 8, Bertocci discloses wherein a thickness of the large outer diameter barrel section is equal to a thickness of the intermediate body part (see Fig. 5 showing the cross section showing the thickness of part 40 being the same thickness as 20).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3, 5-8 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN P FARRAR whose telephone number is (571)270-1496. The examiner can normally be reached Monday - Friday 9am - 5pm.
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/Lauren P Farrar/Primary Examiner, Art Unit 3783