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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “90” has been used to designate both a control module and worm screw. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “60” has been used to designate both a cover and a pawl. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 91 and 85. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the control module and cover must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Note the limitations to timing means in claims 11 and 12.
Claim Rejections - 35 USC § 112
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 1-13 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.
Regarding claim 1, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Similarly, claim 6 recites “in particular” and “such as.”
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) 1-10, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Causey et al. (US 2007/0179444 A1).
With regard to claim 1, Causey et al. teach a device for dispensing a fluid product, comprising: a fluid product dispenser (see the following listed components) comprising: a reservoir containing a fluid product (Fig. 1 member 120); a dispensing head that is provided with a dispensing orifice (Fig. 1 member 130 with orifice 135), said dispensing head being able to move axially relative to said reservoir (Figs. 7A-7D); and a dispensing member, such as a pump or a valve, that is mounted on said reservoir, said dispensing member being actuated when said reservoir is moved axially upwards relative to said dispensing head (Figs. 7A-7D 139 penetrates 121 upon relative movement, the term upwards is relative); an inner body comprising a hollow cylinder receiving said dispenser (Fig. 1 member 100), an outer body that receives said inner body (Figs. 1 and 2 member 200), a push member (Fig. 28 member 340), and an automatic actuating system (see components claimed below including the recited reset gear, pawl, floating wheel, motor wheel, and motor); said push member being in contact with said reservoir and mounted axially movable relative to said inner body between a rest position and an actuating position ([0050]), a spring being interposed between said inner body and said push member, said spring being compressed in the rest position of said push member in order to urge it towards its actuating position (Fig. 28 spring 350 is alongside and longitudinally between the distal end of 100 and 340, [0112] the spring urges the piston rod to dispense medicine); said automatic actuating system comprising a reset gear (Fig. 28 member 324c), a pawl (Fig. 28 member 335), a floating wheel (Fig. 28 member 324b), a motor wheel (Fig. 28 member 324a), and a motor (Fig. 28 member 320), wherein: said pawl interacts with said push member to lock it in the rest position (Fig. 28 340 is held in place by 335 and 342), said pawl being moved from its locked position towards a release position by said floating wheel when the motor rotates in a first actuating direction (Fig. 29 335 moves with the motor to move to a new tooth of 340 for rotation, [0120]), and said reset gear interacts with said push member, said reset gear being moved by said floating wheel when the motor rotates in a second reset direction in order to return said push member into its rest position (Fig. 30, the motor rotates in the second direction and then 335 moves back to the position in Fig. 28, [0131]).
With regard to claim 2, 324b interacts with 335 via 325 and 324c when the motor rotates in the first direction. 324b interacts with 324c when the motor rotates in the second direction as shown in Fig. 30.
With regard to claim 3, teeth of 324b and a selection of teeth 324c (forming a set) enmesh, a second selection of teeth of 324c interact with the teeth of 340 via intervening structures (Fig. 30).
With regard to claim 4, the tooth of 335 interacts with notches formed by the teeth of 340 (Figs. 28-30).
With regard to claim 5, the pawl is considered as 345, the oblong opening in 335 includes where the spring is connected at 354 which is mounted about the axis of 345 as it is near 345, 345 interacts with 3a4b via intervening structures (Fig. 28).
With regard to claim 6, 342 is taken as a resilient member which works to position 335 ([0121]).
With regard to claim 7, 324b rotates about an axis, it is within the opening of the outer body which is the oblong interior.
With regard to claim 8, 324a and 324b interact when the motor rotates in either direction (Figs. 28-30).
With regard to claim 9, see Fig. 28 member 323.
With regard to claim 10, see [0057] including at least the microprocessor.
With regard to claim 13, see Figs. 9 and 26, 100 includes spring 350 within, and 350 is between a bottom (relative term) of 100 and an upper flange of 340 (formed by a tooth of 340, Fig. 28).
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) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Causey et al. (US 2007/0179444 A1) as applied to claim 10 above, and further in view of Dhami (US 2015/0184648 A1).
With regard to claims 11 and 12, Causey et al. teach a device substantially as claimed and teaches control buttons and electronic programming ([0058]) but do not disclose timing means to lock a control button after each actuation. However, Dhami teaches after a morning dose is delivered a lock out timer is set which prevents further delivery, additional dose lockout periods can also be programmed ([0198], [0199]). 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 lock out timer in Causey et al. as Dhami teaches this is beneficial to ensure the proper dose is delivered at the proper time and prevents the user from delivering a non-prescribed dose.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Harris et al. (US 2020/0289745 A1) which teaches a geared delivery device and Krijger et al. (US 2014/0324023 A1) which teaches locking a push member.
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.
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, Kevin Sirmons can be reached at 571-272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
