DETAILED ACTION
Response to Amendment
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) 1-4 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated Cowan (US 2014/0257233).
In regard to claim 1, Cowan discloses a system for producing a mixture to deliver to a treatment site (see Figures 1A-3D), comprising: a first cavity (355) comprising a distal end comprising a plurality of ports (port of 320 and 310); a second cavity (360) concentric with and advanceable through the first cavity, the second cavity comprising: a plunger (135) on a distal end of the second cavity, the plunger being configured to move a first constituent from the first cavity through at least one of the plurality of ports (see par. [0016]); a plunger rod (340) advanceable through the second cavity and configured to move a second constituent from the first cavity through at least one of the plurality of ports and mix together to form the mixture for delivery to the treatment site (see par. [0023]-[0031]).
In regard to claim 2, Cowan discloses wherein the second constituent being distal of the second cavity and comprised in a central chamber of the first cavity (the first and second constituents are functionally recited; if the second constituent is placed in 355, it is distal of the second cavity and 355 can be considered a central chamber).
In regard to claim 3, Cowan discloses wherein the first constituent being distal of the plunger and comprised in an outer chamber of the first cavity (the first and second constituents are functionally recited; if the first constituent is placed in 355, it is distal of the plunger and 355 can be considered an outer chamber).
In regard to claim 4, Cowan discloses wherein the plunger is positioned between an outer surface of the second cavity and an inner surface of the first cavity (see Figure 3a).
In regard to claim 6, Cowan discloses wherein the second cavity comprises a third constituent mixable with the second constituent to form a precursor solution, wherein the second and third constituents are separated by a barrier; and wherein moving the plunger rod and/or the second cavity with respect to the first cavity causes the barrier to toggle to an open state so the third constituent mixes with the second constituent to form the precursor solution (the first, second, and third constituents are functionally recited).
In regard to claim 7, see the rejections above as the examiner believes all of the limitations are adequately addressed.
Response to Arguments
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive.
In response to the applicant’s argument that Cowan fails to disclose at least a first cavity comprising a plurality of ports as recited, the examiner respectfully disagrees. The applicant argues that the distal end of the delivery space 355 does not include another port and that the port of 320 is not a part of the distal end of the first cavity. This argument is not persuasive. The examiner notes that the claim does not necessarily require that the distal end of the cavity comprises the plurality of ports. The claim can be interpreted as the first cavity comprises a distal end and a plurality of ports. The claim does not explicitly recite that “the distal end comprises a plurality of ports”. The ports of 320 and 310 define the entrance port and exit port of the defined first cavity. Furthermore, even if the claim did explicitly require the ports to be on the distal end, Cowan discloses a fluid port (310) that includes a proximal opening (a port) and a distal opening (a port). The inclusion of a proximal and distal opening can be interpreted as multiple ports.
The examiner suggests the following amendments to put claim 1 in condition for allowance.
Claim 1: A system for producing a mixture to deliver to a treatment site, comprising:
a first cavity comprising a distal end, the distal end comprising a plurality of ports;
a second cavity concentric with and advanceable through the first cavity, the second cavity comprising:
a plunger on a distal end of the second cavity, the plunger being configured to move a first constituent from the first cavity through at least one of the plurality of ports, the first constituent being distal of the plunger and comprised in an outer chamber of the first cavity and a second constituent being distal of the second cavity and comprised in a central chamber of the first cavity;
a plunger rod advanceable through the second cavity and configured to move the second constituent from the first cavity through at least one of the plurality of ports and mix together with the first constituent
In regard to claim 7, the examiner suggests further including “a second constituent being distal of the second cavity and comprised in a central chamber of the first cavity”.
Conclusion
THIS ACTION IS MADE FINAL. 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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached at 571-270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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THEODORE J. STIGELL
Primary Examiner
Art Unit 3783
/THEODORE J STIGELL/Primary Examiner, Art Unit 3783
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