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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 40 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.
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) 40 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by KraMer et al. (US 9364610) hereinafter Kramer.
Regarding claim 40, Kramer teaches an administration device for administration of a fluid, the administration device comprising:
a rack (102) for holding a container (114) containing the fluid, and
an actuation mechanism comprising:
a main unit (108) acting on a stopper (1140) movably arranged within the container,
a drive spring (118, 1122, 1088) acting on the main unit,
a first actuation part (1124) and a second actuation part (1084),
wherein the first actuation part and the second actuation part are movably attached to the rack, and
wherein the administration device comprises an indicator part (1120) indicating the state of the administration device and/or the axial position of the main unit,
wherein the indicator part is rotatable by the axial movement of the main unit and comprises at least one helical or inclined slot and/or surface (surface 1124 is inclined),
the main unit (108) radially protruding into and/or axially engaging the slot and/or surface such that an axial movement of the main unit rotates the indicator part (refer to col. 15, lines 1-10).
Allowable Subject Matter
Claims 21-38 and 41 are allowed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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EDELMIRA BOSQUES
Supervisory Patent Examiner
Art Unit 3762
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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