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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 21, 2026 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities: claim 1 recites “the outermost edge” in line 29 this should be “the radially outermost edge” for consistency. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 6-10, and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arinbone et al. (WO 2019/182031 A1 Arinbone et al. US 2021/0001049 A1 used as translation).
With regard to claim 1, Arinbone et al. teach a syringe assembly comprising: a syringe that includes a distal nozzle portion and a lumen (Fig. 9 syringe 90 nozzle 48); a cap fixed to the distal nozzle portion (Fig. 9 member 40); a seal member arranged between the cap and the distal nozzle portion and made of an elastic body that seals the distal nozzle portion, the seal member including a distal end facing towards the cap and a proximal end facing away from the cap (Fig. 9 seal 41, [0059]); the cap including a pressing surface (inner surface in the area of 56d opposite the indicated sealing surface, Fig. 9 and Reference Figure 1 below) that is in surface contact with the distal end of the seal member and presses the seal member toward a proximal side, the distal nozzle portion including a distal end at which is located a sealing surface, the sealing surface of the distal nozzle portion opposing the pressing surface and being in surface contact with the proximal end of the seal member, the distal nozzle portion including a distal opening on an inner peripheral side of the sealing surface, the distal opening of the distal nozzle portion being in communication with the lumen in the syringe, the distal nozzle portion also including an outer peripheral surface that extends away from the sealing surface (see Fig. 9 and Reference Figure 1 below, the sealing surface includes the top and side surface of 92 which are in contact with the seal); the sealing surface having an inner edge at which the sealing surface intersects an inner surface of the distal opening and also having a radially outermost edge at which the sealing surface intersects the outer peripheral surface of the distal nozzle portion at an angle other than 180°; the sealing surface of the distal nozzle portion including a ring-shaped protrusion and a ring-shaped surface portion that is radially outwardly of the ring-shaped protrusion, the ring-shaped protrusion being located along an inner peripheral side of the sealing surface and protruding toward the pressing surface, the ring-shaped flat surface portion extending radially away from the ring-shaped protrusion and terminating at the radially outermost edge of the sealing surface (see Fig. 9 and Reference Figure 1 below, the ring shape protrusion is formed by the top surface of 92, the ring shape surface portion is the remainder of the sealing surface); the seal member closing the distal opening and being pressed and held in an axial direction in a pressing space over a whole region of an opposing portion between the pressing surface and the sealing surface so that an entirety of the sealing surface between the inner edge and the outermost edge is in contact with and presses the seal member (see Fig. 9 and Reference Figure 1 below); and a gap between the pressing surface and the sealing surface in the pressing space is narrowest on an inner peripheral side (see Figs. 9, 10, and Reference Figure 1 below, gap is narrower at the upper surface of 92 as compared to along the sides).
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With regard to claim 2, the ring-shaped protrusion is taken as an upper portion of 92.
With regard to claims 6-8, see Fig. 9 central portion 41a, see projecting portions 41a and 41b in exemplary Fig. 3 ([0059], [0061]).
With regard to claim 9, Arinbone et al. teach a syringe assembly comprising: a syringe that includes a distal nozzle portion having a central axis, the syringe including a lumen extending throughout the distal nozzle portion and opening to a distal opening at a distal end of the distal nozzle portion, the distal end of the distal nozzle portion including a sealing surface that surrounds the distal opening at the distal end of the distal nozzle portion the sealing surface extending radially outwardly from the distal opening to a radially outermost portion of the sealing surface that terminates at a radially outermost edge of the sealing surface; (Fig. 9 syringe 90 nozzle 48, see Reference Figure 1 above); a cap fixed to the distal nozzle portion, the cap including a pressing surface that faces toward the sealing surface at the distal end of the distal nozzle portion, the sealing surface extending radially outwardly from the distal opening to a radially outermost portion of the sealing surface (Fig. 9 member 40, see Reference Figure 1 above, generally from the inner edge to the outer edge indicated); a seal member made of elastic material and positioned between the sealing surface of the distal nozzle portion and the pressing surface of the cap (Fig. 9 seal 41, [0059]); the seal member including both a proximal end surface in direct contact with a contact portion of the sealing surface of the distal nozzle portion and a distal end surface in direct contact with a contact portion of the pressing surface of the cap so that the seal member closes and seals the distal opening at the distal end of the distal nozzle portion, the contact portion of the sealing surface of the distal nozzle portion that is in direct contact with the proximal end surface of the seal member being a radially extending contact portion of the sealing surface that extends radially outward away from the central axis of the distal nozzle portion and terminates at the radially outermost edge of the sealing surface, the distal nozzle portion including an outer peripheral surface that extends away from the seal member, the outer peripheral surface of the distal nozzle portion intersecting the radially outermost edge of the sealing surface at an angle other than 180° (see Fig. 9 and Reference Figure 1 above); the seal member being pressed and held in the axial direction in a pressing space between the pressing surface and the sealing surface so that the outermost portion of the sealing surface is in contact with and presses the seal member (see Fig. 9 and Reference Figure 1 above); the contact portion of the pressing surface and the radially extending contact portion of the sealing surface being configured so that a first straight line distance between the contact portion of the pressing surface and the radially extending contact portion of the sealing surface is less than a second straight line distance between the contact portion of the pressing surface and the radially extending contact portion of the sealing surface (see distance between two points of the sealing surface to the pressing surface in Reference Figure 1 above, generally at the upper and side surfaces of 92); and the first straight line distance and the second straight line distance both being parallel to the central axis of the distal nozzle portion, the first straight line distance being spaced from the second straight line distance, the first straight line distance being located closer to the central axis of the distal nozzle portion than the second straight line distance (the first straight line distance is from the point on protrusion 92).
With regard to claim 10, the annular protrusion is taken as an upper portion of 92.
With regard to claims 14-16, see Fig. 9 central portion 41a, see projecting portions 41a and 41b in exemplary Fig. 3 ([0059], [0061]).
With regard to claim 17, see Fig. 9 claws engage projecting portion 48a, claw 62 as in exemplary Fig. 7.
With regard to claim 18, Arinbone et al. teach a liquid-medicine administration device comprising: a syringe assembly comprising: a syringe that includes a distal nozzle portion and a lumen, the distal nozzle portion having a central axis (Fig. 9 syringe 90 nozzle 48); a cap fixed to the distal nozzle portion (Fig. 9 member 40); and a seal member arranged between the cap and the distal nozzle portion and made of an elastic body that seals the distal nozzle portion, the seal member including a distal end facing towards the cap and a proximal end facing away from the cap, the cap including a pressing surface that is in surface contact with a distal end of the seal member and presses the seal member toward a proximal side, the distal nozzle portion including a distal end at which is located a flat radially extending sealing surface that extends radially outward away from the central axis, the flat radially extending sealing surface of the distal nozzle portion opposing the pressing surface and being in surface contact with the proximal end of the seal member, the distal nozzle portion including a distal opening on an inner peripheral side of the flat radially extending sealing surface, the distal opening of the distal nozzle portion being in communication with the lumen in the syringe, the distal nozzle portion having an outer peripheral surface that extends away from the flat radially extending sealing surface, the flat radially extending sealing surface having an innermost edge at which the flat radially extending sealing surface intersects an inner surface of the distal opening and also having an outermost edge at which the flat radially extending sealing surface intersects the outer peripheral surface of the distal nozzle portion at an angle other than 180° (see Fig. 9 and Reference Figure 1 above, the sealing surface is considered flat as it is smooth), the seal member closing the distal opening and being pressed and held in an axial direction in a pressing space over a whole region of an opposing portion between the pressing surface and the flat radially extending sealing surface so that an entirety of the flat radially extending sealing surface from the innermost edge to the outermost edge is in contact with and presses the seal member (see Fig. 9 and Reference Figure 1 above), and a gap between the pressing surface and the flat radially extending sealing surface in the pressing space being narrowest on an inner peripheral side (Fig. 9 seal 41, [0059] and Reference Figure 1 above); a gasket slidably positioned inside the syringe (Fig. 1 member 26); a plunger assembly configured to press the gasket in a distal direction to slidably move the gasket in the distal direction inside the syringe (Fig. 1 member 14); and a drive mechanism driving the plunger assembly (Fig. 2 member 28).
With regard to claim 19, see Fig. 1 member 34.
With regard to claim 20, see Fig. 1 member 36.
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) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arinbone et al. (WO 2019/182031 A1 Arinbone et al. US 2021/0001049 A1 used as translation) as applied to claim 1 above.
With regard to claim 21, Arinbone et al. teach portion 92 is beneficial for providing an increase in a force for crushing the seal member to improve pressure resistance ([0109]). As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a protrusion with a height as claimed as it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. One of ordinary skill would be able to determine the height as necessary to achieve the desired pressure resistance.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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. Airbone et al. is interpreted as above to reject the new claim limitations. The claims do not recite how the angle is measured. The Examiner would suggest further clarifying that the surface of the ring shape protrusion and ring shape surface are in parallel planes as well as relative widths of these portions and directions that the surfaces face.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY L SCHMIDT whose telephone number is (571)270-3648. The examiner can normally be reached Monday through Thursday 7:00 AM to 4:30 PM.
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/EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
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