DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/16/2026 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
US 11,464,910 to Merson et a. is no longer considered valid art because the applicant has perfected foreign priority.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In regard to claim 1, there is no original support for “an injection finger support surface with a third non-slip surface part positioned in the first portion and arched in a direction perpendicular to the longitudinal axis with a first curvature and having a second curvature of a substantially smooth and convex configuration extending from a center of the injection finger support surface”. There is no original disclosure of an injection finger support surface with two distinct first and second curvatures as is now recited in the claim. Par. [0022] of the pg-publication describes the injection finger support surface 61 as comprising a “first curvature of a smooth, convex nature, curving inwardly and away from the central part of the finger grip component. The same paragraph [0022] describes that the injection finger support surface 61 extends away from the longitudinal axis A and is arched in a direction perpendicular to the longitudinal axis A. It appears that the specification and drawings are referring to the same curvature and not to two distinct curvatures as is now recited.
The dependent claims are rejected by virtue of their dependency on the rejected independent claim.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regard to claim 1, there is no original support for “an injection finger support surface with a third non-slip surface part positioned in the first portion and arched in a direction perpendicular to the longitudinal axis with a first curvature and having a second curvature of a substantially smooth and convex configuration extending from a center of the injection finger support surface”. It is unclear if the limitation is implying that the injection finger support surface has both curvatures or if the second curvature belongs to another structure. The claim is interpreted as the injection finger support has both curvatures but other interpretations are possible.
The dependent claims are rejected by virtue of their dependency on the rejected independent claim.
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.
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.
Claim(s) 1-2 and 5-14 are rejected under 35 U.S.C. 103 as being unpatentable over Bidensya CO., LTD (WO 2019/231099; hereafter Bidensya) in view of Mandaroux et al. (US 2017/0290987; hereafter Mandaroux).
In regard to claim 1, Bidensya discloses a syringe (see at least Fig. 1) for injection and aspiration (plunger rod is movable in either direction), comprising: a tube (40) arranged to hold a liquid material; a plunger rod (20) having a plunger (50) movably arranged within the tube, and a plunger rod head (21) attached to the plunger rod opposite from the plunger (see Fig. 1), the plunger rod head having a first surface (top of 21) and a second surface (bottom of 21) opposite to the first surface, and a finger grip component (10), comprising a first portion (11) extending away from a longitudinal axis of the syringe and a second portion (12) extending away from the longitudinal axis of the syringe; wherein the finger grip component is a one-piece body attached to the tube (see Figs. 6-7 showing the one-piece nature of 10), comprising an injection finger support (110) surface with a third surface part positioned in the first portion and arched in a direction perpendicular to the longitudinal axis with a first curvature (see Figure 1) and having a second curvature of a substantially smooth and convex configuration extending from a center of the injection support surface (see Fig. 1; same configuration as shown by applicant), wherein the third surface part faces away from the first surface of the plunger rod head, and a pair of aspiration finger support surfaces (interior surface of 12) extending in opposite directions from the longitudinal axis, at least one aspiration finger support surface having a fourth surface part positioned in the second portion and arched in a direction perpendicular to the longitudinal axis with a second curvature (see Figure 1), wherein the fourth surface part faces toward the second surface of the plunger rod head (see Figure 1), wherein the second surface faces the finger grip component (see Figure 1).
Bidensya fails to disclose wherein a first non-slip surface part is provided on at least a part of the first surface and a second non-slip surface part is provided on at least a part of the second surface of the plunger rod head and fails to disclose a third non-slip surface positioned in the first portion, and fails to disclose a fourth non-slip portion in the second portion.
In a similar art, Mandaroux discloses a plunger rod head (204) attached to the plunger rod opposite from the plunger (see Fig. 3), the plunger rod head (204) having a first surface (top surface of 204) and a second surface (bottom surface of 204) opposite to the first surface (see Fig. 4), wherein a first non-slip surface part (216) is provided on at least a part of the first surface and a second non-slip surface part (216) is provided on at least a part of the second surface (see par. [0069]-[0070]; 216 is a soft polymer that enhances friction and can extend along both the upper and lower surfaces of 204) and a finger grip component is a one-piece body attached to the tube (see Fig. 2 and par. [0036]), comprising an injection finger support surface (portion under flange extender wings) with a third non-slip surface part (342; see par. [0105]; material 342 provides enhanced friction) positioned in the first portion and arched in a direction perpendicular to the longitudinal axis with a first curvature (note that 342 can extend around the entirety of 108; see par. [0105]-[0107]; the portion under flange extender wings is arched in a direction perpendicular to the longitudinal axis with a first curvature), wherein the third non-slip surface part faces away from the first surface of the plunger rod head (see at least Fig. 3), and an aspiration finger support surface (portion at unnumbered ring portion at bottom area of 108) with a fourth non-slip surface part (342; again notes par. [0105]-[0107]) positioned in the second portion and arched in a direction perpendicular to the longitudinal axis with a second curvature (the ring portion has a slight curve away from the longitudinal axis with a second curvature), wherein the fourth non-slip surface part faces toward the second surface of the plunger rod head (see Figure 3), wherein the second surface faces the finger grip component (see Figure 3). In short, Mandarouz teaches covering the plunger rod head and the finger grip component (see cited portions above) with non-slip surfaces to improve grip.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Bidensya with non-slip surface on the plunger rod head and finger grip component as disclosed by Mandaroux in order to provide enhanced gripping surfaces for the areas intended to be handled by the operator.
In regard to claim 2, see par. [0069], [0105]-[0111] of Mandaroux.
In regard to claim 5, these limitations are design considerations which fail to distinguish over the cited art.
In regard to claim 6, Mandaroux teaches wherein the injection finger support extends farther in a direction perpendicular to the longitudinal axis than at least one of the aspiration finger support surfaces (see Fig. 4 of Mandaroux). Furthermore, changing the size is only a design consideration.
In regard to claim 7, Madaroux teaches wherein the third non-slip surface part and the fourth non-slip surface part are connected by an intermediate non-slip surface (see par. [0105]-[0111]- the friction surface can extend along any surface creating intermediate non-slip surfaces).
In regard to claim 8, Mandaroux teaches wherein the third non-slip surface part and the fourth non-slip surface part extend on one or more side surfaces of the finger grip component (the defined surfaces can include the enhanced friction material; see cited sections above).
In regard to claim 9, Bidensya discloses wherein the second surface of the plunger rod head is arched in a direction perpendicular to the longitudinal axis with a third curvature (see Fig. 1).
In regard to claim 10, Mandaroux teaches wherein the first non-slip surface parts and the second non-slip surface parts are connected by an intermediate non-slip surface part (see par. [0105]-[0111]- the friction surface can extend along any surface creating intermediate non-slip surfaces).
In regard to claim 11, Mandaroux teaches wherein the first non-slip surface parts and the second non-slip surface parts extend on one or more side surfaces of the plunger rod head (the defined surfaces can include the enhanced friction material; see cited sections above).
In regard to claim 12, Bidensya discloses wherein the finger grip component (10) comprises an opening (see Figs. 6-7, side opening where syringe is inserted) aligned with the longitudinal axis.
In regard to claim 13, Bidensya teaches wherein the finger grip component has a partial circumferential aperture parallel to the longitudinal axis (see Figs. 6-7, side opening where syringe is inserted).
In regard to claim 14, Mandaroux teaches wherein an aperture of the finger grip component and the intermediate non-slip surface part are on opposite circumferential sides (see at least Fig. 4 and 8).
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Bidensya and Mandaroux in view of Barbour (US 2012/220948).
The combination fails to disclose the specific material set forth in claim 3. Barbour teaches at paragraph [0079] that it is known in the art of friction enhancing materials to use the claimed material (thermoplastic elastomers) to manufacture the grip material. In view of the teaching of Barbour, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select thermoplastic elastomer as the specific type of material from which to manufacture the grip material of Mandaroux, because it amounts to selection of a known material based on its known suitability for the purpose.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Bidensya and Mandaroux in view of Dowds (US 2011/0276026).
The combination fails to disclose the specific material set forth in claim 4. Dowds teaches at paragraph [0021] that it is known in the art of syringe parts to use the claimed material (polypropylene) to manufacture the syringe part. In view of the teaching of Dowds, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select polypropylene as the specific type of material from which to manufacture the syringe part of the combination, because it amounts to selection of a known material based on its known suitability for the purpose.
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.
Conclusion
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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THEODORE J. STIGELL
Primary Examiner
Art Unit 3783
/THEODORE J STIGELL/Primary Examiner, Art Unit 3783
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