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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/20/23 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Preliminary Amendment
The preliminary amendment to the specification filed 01/20/23 has been entered.
Specification
The abstract of the disclosure is objected to because the abstract (see abstract filed 01/20/23) is not presented on a separate sheet. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 18 is objected to because of the following informalities:
Claim 18 lines 1-2 read “further comprising restricting movement of the syringe barrel by secure the syringe barrel flange” but should likely read “further comprising restricting movement of the syringe barrel by [[secure]] securing the syringe barrel flange” for grammatical reasons
Appropriate correction is required.
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.
(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.
Claims 1-4 and 7-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carter (U.S. Patent No. 5,288,285).
Regarding claim 1, Carter discloses an apparatus, the apparatus comprising:
a front arm (20, see ‘Modified FIG. 1’ below) comprising a first end (see ‘Modified FIG. 1’ below) and a finger grip loop (29);
PNG
media_image1.png
766
577
media_image1.png
Greyscale
a front mount (see col. 4 lines 26-31: a first mount near the first end of front arm, see ‘Modified FIG. 1’ above, where bracket 30 is removably attached) in communication (see col. 4 lines 26-31) with the front arm (20) at the first end (see ‘Modified FIG. 1’ above);
a back arm (40) comprising a first end (see ‘Modified FIG. 1’ above) and a thumb grip loop (49);
a back mount (see col. 4 line 56- col. 5 line 11: a back mount near the first end of the back arm, see ‘modified FIG. 1’ above, where bracket 50 is attached) in communication (see col. 4 line 56- col. 5 line 11) with the back arm (40) at the first end (see ‘Modified FIG. 1’ above);
a second end (see ‘Modified FIG. 1’ above) of the front arm (20) in pivotal communication (see col. 3 lines 14-38: 20/40 pivot about hinge 70) with a second end (see ‘Modified FIG. 1’ above) of the back arm (40) at a hinge mechanism (70).
Regarding claim 2, Carter discloses the apparatus of claim 1, and Carter further discloses wherein the hinge mechanism (70, see FIG. 1) engages to move (see col. 3 lines 14-38: hinge mechanism allows arms to move relative to one another such as from position in FIG. 1 to position in FIG. 2) the front arm (20) relative to the back arm (40).
Regarding claim 3, Carter discloses the apparatus of claim 1, and Carter discloses further comprising a removable barrel support (30, see Fig. 1 and col. 4 lines 26-31: 30 is removably attached) in communication with the front mount (see col. 4 lines 26-31: a first mount near the first end of front arm, see ‘Modified FIG. 1’ above, where bracket 30 is removably attached. See also col 3 line 60- col 4 line 2).
Regarding claim 4, Carter discloses the apparatus of claim 3, and Carter further discloses the removable barrel support (30, see Fig. 1) comprising a barrel flange hook (33, see FIG. 7-9 and col. 4 lines 2-15: 33 spans syringe barrel to assist in maintaining in place).
Regarding claim 7, Carter discloses the apparatus of claim 1, and Carter discloses further comprising a rotatable (50 rotatable about hinge 70 as shown from position in FIG. 1 to FIG. 2) plunger flange support (50, see FIG. 1) in communication with the back mount (see col. 4 line 56- col. 5 line 11: 50 removably attached to back arm by back mount).
Regarding claim 8, Carter discloses the apparatus of claim 7, and Carter discloses the rotatable plunger flange support (50, see Fig. 4-6) comprising a plunger flange pocket (52, see col. 4 line 60-col. 5 line 11: slot for insertion of the syringe thumb flange).
Regarding claim 9, Carter discloses the apparatus of claim 8, and Carter discloses the rotatable plunger flange support (50, see FIG. 4-6) further comprising a plunger flange hook (53, see col. 4 line 56- col. 5 line 11: 53 further engages thumb flange to “bear against”/ hook the syringe in place, aligning with Applicant disclosure of Applicant’s hook mechanism 566 in [0049]).
Regarding claim 10, Carter discloses a method, the method comprising: receiving (as shown in FIG. 1 and see col. 3 lines 26-29: syringe is held==received between arms 20/40 as shown in FIG. 1) a syringe barrel (82, see col. 2 lines 46-65 for syringe details) comprising a syringe barrel flange (85) by a removable barrel support (30, see col. 4 lines 26-31: 30 is removably attached); and receiving (as shown in FIG. 1) a syringe plunger flange (87) in communication with a syringe plunger (86) by a rotatable (50 rotatable about hinge 70 as shown from position in FIG. 1 to FIG. 2) plunger flange support (50, see col. 4 line 56- col. 5 line 11).
Regarding claim 11, Carter discloses the method of claim 10, and Carter discloses further comprising engaging a barrel flange hook mechanism (33, see FIG. 7-9 and col. 4 lines 2-15: 33 spans==engages syringe barrel to assist in maintaining in place) in communication with the removable barrel support (30) on the syringe barrel flange (85, as seen in FIG.1).
Regarding claim 12, Carter discloses the method of claim 10, and Carter discloses further comprising engaging a plunger flange hook mechanism (53, see col. 4 line 56- col. 5 line 11: 53 engages thumb flange to “bear against”/ hook the syringe in place, aligning with Applicant disclosure of Applicant’s hook mechanism 566 in [0049]) in communication with the rotatable (50 rotatable about hinge 70 as shown from position in FIG. 1 to FIG. 2) plunger flange support (50) on the received syringe plunger flange (87, as seen in FIG. 1).
Regarding claim 13, Carter discloses the method of claim 10, and Carter discloses further comprising securing (see col. 4 line 60-col. 5 line 11) the received syringe plunger flange (87, see FIG. 1) in a pocket (52, see col. 4 line 60-col. 5 line 11: slot for insertion of the syringe thumb flange) in communication with the rotatable (50 rotatable about hinge 70 as shown from position in FIG. 1 to FIG. 2) plunger flange support (50, see col. 4 line 56- col. 5 line 11).
Regarding claim 14, Carter discloses the method of claim 10, and Carter discloses further comprising identifying a removable barrel support size to accommodate a syringe barrel size (see col. 3 lines 63-col. 4 line 25: removable barrel support 30 accommodates a variety of sizes of finger flanges of the syringe barrel and thus a support “size”, dimensions of slot 32, is identified to accommodate a syringe barrel size, such as a 0.5cc syringe barrel).
Regarding claim 15, Carter discloses the method of claim 10, and Carter discloses further comprising conforming a portion of an inner surface of the removable barrel support (see ‘saddle shape’ in ‘Modified Fig. 7’ below showing the inner surface)
PNG
media_image2.png
465
312
media_image2.png
Greyscale
to a portion (the portion of syringe barrel retained in 30 as shown by the cross-section lines of barrel 82 in FIG. 1) of an outer surface of the syringe barrel (82. Thus, Carter’s disclosure aligns with Applicant description of the “conforming” occurring due to the U-shaped/ saddle structure of the removable barrel support as in at least Applicant’s [0041]).
Regarding claim 16, Carter discloses a method, the method comprising:
pivotally (see col. 3 lines 14-38: 20/40 pivot about hinge 70) associating a first end (28, see FIG. 1) of a front arm (20) with a first end (46) of a back arm (40);
securing a syringe barrel flange (85) in communication with a syringe barrel (82) at a second end (30, see col. 3 line 60-63: 30 retains==secures flange 85) of the front arm (20);
securing a syringe plunger flange (87) in communication with a syringe plunger (86) at a second end (50, see col. 4 line 56- col. 5 line 11: 50 retains==secures 87) of the back arm (40);
coupling a position of a thumb grip loop (49, see col. 3 lines 26-38: loops 29/49 adjust position such as from fig. 1 to fig. 2) in communication with the back arm (40) to a position (as shown in Fig. 1) of the syringe plunger (86);
engaging the thumb grip loop (49, see col 3 lines 26-38: user grabs==engages device with single hand via loops including 49); and
controlling a syringe plunger (86) linear speed with the engaged thumb grip loop (49, see col 3 lines 26-38: user operates device position via loops, such as 49. Therefore, 49 controls the linear speed/ how quickly device moves from position such as that shown in FIG. 1 to another position such as in FIG. 2) as the syringe plunger (86) travels through (such as when moving from position in FIG. 1 to position in FIG. 2) the syringe barrel (82).
Regarding claim 17, Carter discloses the method of claim 16, and Carter discloses further comprising halting the syringe plunger (86, see FIG. 1) linear speed with the engaged thumb grip loop (49, see col 3 lines 26-38: user operates device position via loops, such as 49. Therefore, 49 halts the linear speed when a user stops at a position shown in FIG. 2).
Regarding claim 18, Carter discloses the method of claim 16, and Carter discloses further comprising restricting movement of the syringe barrel (82) by secure (see col. 3 line 60- col. 4 line 15: flange 85 retained in slot 32 and the fork 33 spans syringe barrel to retain==restrict movement==secure the syringe) the syringe barrel flange (85) to a barrel support (33, see FIG. 8-9) in communication with the second end (30) of the front arm (20).
Regarding claim 19, Carter discloses the method of claim 16, and Carter discloses further comprising controlling vertical movement of the syringe plunger (86, see FIG. 1) as the syringe plunger (86) travels through the syringe barrel (82) by securing the syringe plunger flange (87) to a rotatable (50 rotatable about hinge 70 as shown from position in FIG. 1 to FIG. 2) plunger flange support (50, see col. 4 line 56- col. 5 line 11: plunger thumb flange 87 secured to 50 to push syringe plunger. Therefore, the securement “controls” vertical movement such as by maintaining the vertical position of the plunger as shown from same vertical position in FIG. 1 to same vertical position in FIG. 2).
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 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Carter as applied to claim 3 above, and further in view of Ruddocks et al. (U.S. PGPUB No. 20180117256), hereinafter Ruddocks.
Regarding claim 5, Carter discloses the apparatus of claim 3, and Carter further discloses the removable barrel support (30, see Fig. 1) comprising material (the structure inherently is formed of some kind of material), wherein the material at least in part conforms to an outer surface of a syringe barrel (82, see outline of barrel 82 within support 30 in FIG. 1 and see col 3 line 60- col. 4 line 15: material of 30 includes fork 33 spanning barrel and thus the material “at least in part” conforms to an outer surface of a syringe barrel via fork 33).
Carter is silent to the material being a “flexible” material.
However, Ruddocks teaches an apparatus comprising a barrel support (32, see FIG. 1), the barrel support (32) comprising flexible material (see [0019]: support 32 is “pressed-on” to the syringe barrel and engages the barrel via compressive forces as described in [0020]. Thus, Ruddocks disclosure aligns with Applicant description of a “flexible” material that allows for compression of the material as in at least Applicant’s [0052]), wherein the flexible material at least in part conforms to an outer surface of a syringe barrel (see material forming support 32 as it conforms to syringe barrel 22 in progression of Fig. 6A-C and see [0027-0030], specifically [0029]: diameter of barrel 22 closely matches receptacle 66 of barrel support and [0019]: 30 circumscribes barrel).
Therefore, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the removable barrel support disclosed by Carter to be formed of a flexible material as taught by Ruddocks for the purpose of forming the barrel support from a material that is easily “pressed-on” by a user (see [0019]), thus achieving the material being a “flexible” material.
Regarding claim 6, the modified system of Carter teaches the apparatus of claim 5, and Carter further discloses the removable barrel support (30, see ‘Modified FIG. 7’ below)
PNG
media_image3.png
465
312
media_image3.png
Greyscale
further comprising a saddle shape (see saddle shape in ‘Modified FIG. 7’ above, saddle shape aligning with saddle shape disclosed by Applicant in Fig. 7B and [0054]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHLEEN PAIGE FARRELL whose telephone number is (571)272-0198. The examiner can normally be reached M-F: 730AM-330PM Eastern Time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATHLEEN PAIGE FARRELL/Examiner, Art Unit 3783
/MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783