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 .
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 13 and 22-26 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.
Claims 13, 25, and 26 recites that “the internal surface of the storage cap engages the sidewall of the collection container and at least the…one or more intermediate telescoping segments.” As the intermediate segments is nested within the proximal-most segment it is not clear how the internal surface of the storage cap engages the intermediate segments as it is within the proximal-most segment. For purposes of examination, it is considered to be in engagement as long as the components are in some way coupled.
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) 1-7, 10-12, and 25-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berri (US 2020/0281816 A1) in view of Qiu et al. (US 2020/0093693 A1), Schiff et al. (US 2013/0085452 A1), Schiff et al. (US 2013/0085457 A1), and Lee (US 2010/0292672 A1).
With regard to claims 1, 7, 10 and 11, Berri teaches an apparatus, comprising: a plunger (Fig. 3 member 50); and a collection container secured to the distal end of the telescopic plunger, the collection container defining a barrel comprising at least one inner wall, the collection container configured to hold a liquid containing fat molecules therein (Fig. 3 member 52), wherein the plunger is configured to sweep the at least one inner wall of the collection container to remove the fat molecules from the at least one inner wall of the collection container (Fig. 3 via 55).
Berri does not disclose a telescoping plunger. However, Qiu et al. teach a telescopic plunger extending between a proximal end and a distal end, the telescopic plunger comprising a plurality of telescoping segments each having an outer wall, the plurality of telescoping segments comprise one or more intermediate telescoping segments coupling a proximal-most telescoping segment to a distal-most telescoping segment, each of the plurality of telescoping segments having a proximal end and a distal end opposite the proximal end, the distal-most telescoping segment having a first outer diameter defined between opposing sides of the outer wall of the distal-most telescoping segment, wherein the first outer diameter is greater than an outer diameter defined between opposing sides of the outer wall each of the remaining telescoping segments, the plurality of telescoping segments secured together in an end-to-end configuration and expandable between a collapsed position and an expanded position (Fig. 1 see segments 1, [0018], [0020]) which is beneficial for reducing the device length ([0012]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the plunger of Berri to use a telescoping plunger in Berri as Qiu et al. teach this is beneficial for having a reduced device length and would yield the same predictable result of delivery. As combined 55 of Berri would be placed on the distal-most segment.
Berri and Qiu et al. teach locking the segments and that other fixing structures may be used ([0021]) but do not teach a groove shape as claimed. However, Schiff et al. teach a groove 47 with an elongated portion extending at an angle between a distal and proximal end, a pin 41, and lock at 70 extending from an elongated portion (Fig. 4). 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 an extension groove and lock in Qiu et al. as in Schiff et al. as Qiu et al. teach other fixing structures may be used and the connection of Schiff et al. yields the same predictable result of extending and locking the segments. As combined with Berri and Qiu et al, in Qiu et al. the distal-most segment is larger and the diameters decrease to the proximal-most segment. In order for the plunger to telescope as in Qiu et al., the pins would be placed on the distal end of the intermediate and proximal-most segments with grooves on the intermediate and distal-most segments such that the pins slides from the distal end to the proximal end of the groove.
Berri, Qiu et al., and Schiff et al., do not teach a lock which extends in a direction towards a distal end adjacent the proximal end of the segments. However, Schiff et al. ‘457 teach an angled locking portion (Fig. 6B, exemplary 162, [0054]). 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 an angled locking portion at the proximal end in Berri as combined with Qiu et al. and Schiff et al. as Schiff et al. ‘457 teach such to provide effective retention for locking and would yield the same predictable result.
As combined the Schiff er al. references do not teach the groove to have an open distal most end. However, Lee teaches a groove for guiding a protrusion on a piston which has an open end for easy assembly and cost reduction and is used equivalently to a groove with two closed ends ([0065], Figs. 7 and 8, Fig. 7 open end 36). 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 an open end in Berri as combined with the Schiff references as Lee teaches this to be equivalently effective for controlling movement as a closed groove and is beneficial for ease of assembly and cost reduction.
With regard to claims 2-4, see Qiu et al. base 8 attached to head 55 of Berri.
With regard to claims 5 and 6, Berri teaches a device substantially as claimed Berri does not disclose an o-ring configuration as recited. However, Schiff et al. ‘457 teach a head at end 34 with seal 22 attached at concave threads, the ribs of the seal provide O-rings (Fig. 3). 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 plunger head in Berri as in Schiff et al. ‘457 as it would provide an art effective means for sealing and would yield the same predictable result.
With regard to claim 12, see Figs. 4-8 showing the cap and tip configurations.
With regard to claim 25, Berri and Qui et al. do not disclose a storage cap secured to the collection container. However, Schiff et al. ‘457 teach syringe packaging with a storage cap for covering the plunger connected to a separate cover over the barrel along a tamper evident label which prevents improper use ([0056], Fig. 7 device separates at 206, cap is considered as 202 and proximal portion which separates as indicated in Reference Figure 1 below). 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 packaging with a storage cap in Berri as in Schiff et al. ‘457 as Schiff et al ‘457 teach this is beneficial to indicate if the device is tampered with and prevent the plunger from being used until removal from the packaging. As combined as shown in the Reference Figure the cap engages the collection container and proximal-most segment and engages the intermediate segments as it would be within the proximal-most segment. The cap and segments each necessarily include a height.
PNG
media_image1.png
1009
728
media_image1.png
Greyscale
With regard to claim 26, Berri teaches an apparatus, comprising: a plunger extending between a proximal end and a distal end (Fig. 3 member 50), t and a plunger head coupled to a distal end (Fig. 3 member 55); and a collection container secured to the distal end of the telescopic plunger, the collection container defining a barrel comprising an inner wall and configured to hold a liquid contained therein (Fig. 3 member 52), wherein movement of the distal-most segment causes the plunger to sweep the inner wall of the collection container and remove liquid from the inner wall of the collection container (Fig. 3 via 55).
Berri does not disclose a telescoping plunger. However, Qiu et al. teach a telescopic plunger extending between a proximal end and a distal end, the telescopic plunger comprising a plurality of telescoping segments each having an outer wall, the plurality of telescoping segments comprise one or more intermediate telescoping segments coupling a proximal-most telescoping segment to a distal-most telescoping segment, each of the plurality of telescoping segments having a proximal end and a distal end opposite the proximal end, the distal-most telescoping segment having a first outer diameter defined between opposing sides of the outer wall of the distal-most telescoping segment, wherein the first outer diameter is greater than an outer diameter defined between opposing sides of the outer wall each of the remaining telescoping segments, the plurality of telescoping segments secured together in an end-to-end configuration and expandable between a collapsed position and an expanded position (Fig. 1 see segments 1, [0018], [0020]) which is beneficial for reducing the device length ([0012]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the plunger of Berri to use a telescoping plunger in Berri as Qiu et al. teach this is beneficial for having a reduced device length and would yield the same predictable result of delivery. As combined 55 of Berri would be placed on the distal-most segment.
Berri and Qiu et al. teach locking the segments and that other fixing structures may be used ([0021]) but do not teach a groove shape as claimed. However, Schiff et al. teach a groove 47 with an elongated portion extending at an angle between a distal and proximal end, a pin 41, and lock at 70 extending from an elongated portion (Fig. 4). 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 an extension groove and lock in Qiu et al. as in Schiff et al. as Qiu et al. teach other fixing structures may be used and the connection of Schiff et al. yields the same predictable result of extending and locking the segments. As combined with Berri and Qiu et al, in Qiu et al. the distal-most segment is larger and the diameters decrease to the proximal-most segment. In order for the plunger to telescope as in Qiu et al., the pins would be placed on the distal end of the intermediate and proximal-most segments with grooves on the intermediate and distal-most segments such that the pins slides from the distal end to the proximal end of the groove.
Berri, Qiu et al., and Schiff et al., do not teach a lock which extends from a proximal end in a circumferential direction towards a distal end. However, Schiff et al. ‘457 teach an angled locking portion (Fig. 6B, exemplary 162, extends circumferentially as it is on the circumferential wall [0054]). 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 an angled locking portion at the proximal end in Berri as combined with Qiu et al. and Schiff et al. as Schiff et al. ‘457 teach such to provide effective retention for locking and would yield the same predictable result.
As combined the Schiff er al. references do not teach the groove to have an open distal most end. However, Lee teaches a groove for guiding a protrusion on a piston which has an open end for easy assembly and cost reduction and is used equivalently to a groove with two closed ends ([0065], Figs. 7 and 8, Fig. 7 open end 36). 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 an open end in Berri as combined with the Schiff references as Lee teaches this to be equivalently effective for controlling movement as a closed groove and is beneficial for ease of assembly and cost reduction.
With regard to claim 27, Berri and Qui et al. do not disclose a storage cap secured to the collection container. However, Schiff et al. ‘457 teach syringe packaging with a storage cap for covering the plunger connected to a separate cover over the barrel along a tamper evident label which prevents improper use ([0056], Fig. 7 device separates at 206, cap is considered as 202 and proximal portion which separates as indicated in Reference Figure 1 above). 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 packaging with a storage cap in Berri as in Schiff et al. ‘457 as Schiff et al ‘457 teach this is beneficial to indicate if the device is tampered with and prevent the plunger from being used until removal from the packaging. As combined as shown in the Reference Figure the cap engages the collection container and proximal-most segment and engages the intermediate segments as it would be within the proximal-most segment. The cap and segments each necessarily include a height.
Claim(s) 13 and 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berri (US 2020/0281816 A1) in view of Qiu et al. (US 2020/0093693 A1) and Schiff et al. (US 2013/0085457 A1)
With regard to claims 13, 22, and 23, Berri teaches an apparatus, comprising: a plunger (Fig. 3 member 50) extending between a proximal end and a distal end; a collection container defines a proximal end and a distal end opposite the proximal end, the collection container defining a barrel comprising at least one inner wall, the collection container configured to hold a liquid containing fat molecules therein (Fig. 3 member 52), wherein the plunger is coupled to the distal end of the collection container and the proximal end of the telescoping plunger is translatable within the barrel towards the proximal end of the collection container to dispense the liquid out of the container (Fig. 3 via 55).
Berri does not disclose a telescoping plunger. However, Qiu et al. teach a telescopic plunger extending between a proximal end and a distal end, the telescopic plunger comprising a plurality of telescoping segments each having an outer wall, the plurality of telescoping segments comprise one or more intermediate telescoping segments coupling a proximal-most telescoping segment to a distal-most telescoping segment, each of the plurality of telescoping segments having a proximal end and a distal end opposite the proximal end, the distal-most telescoping segment having a first outer diameter defined between opposing sides of the outer wall of the distal-most telescoping segment, wherein the first outer diameter is greater than an outer diameter defined between opposing sides of the outer wall each of the remaining telescoping segments, the plurality of telescoping segments secured together in an end-to-end configuration and expandable between a collapsed position and an expanded position (Fig. 1 see segments 1, [0018], [0020]) which is beneficial for reducing the device length ([0012]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the plunger of Berri to use a telescoping plunger in Berri as Qiu et al. teach this is beneficial for having a reduced device length and would yield the same predictable result of delivery. As combined 55 of Berri would be placed on the distal-most segment.
Berri and Qui et al. do not disclose a storage cap secured to the collection container. However, Schiff et al. ‘457 teach syringe packaging with a storage cap for covering the plunger connected to a separate cover over the barrel along a tamper evident label which prevents improper use ([0056], Fig. 7 device separates at 206, cap is considered as 202 and proximal portion which separates as indicated in Reference Figure 1 above). 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 packaging with a storage cap in Berri as in Schiff et al. ‘457 as Schiff et al ‘457 teach this is beneficial to indicate if the device is tampered with and prevent the plunger from being used until removal from the packaging. As combined as shown in the Reference Figure the cap engages the collection container and proximal-most segment and engages the intermediate segments as it would be within the proximal-most segment. The cap and segments each necessarily include a height.
With regard to claim 24, see Figs. 4-8 showing the cap and tip configurations, particularly Fig. 7, colostrum is delivered [0002].
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. The new limitations are addressed as above. Particularly, the Examiner finds Schiff et al. ‘457 still reads on the amended limitations to the cap as above.
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.
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.
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.
/EMILY L SCHMIDT/ Primary Examiner, Art Unit 3783
Prosecution Insights