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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 3, 2026 has been entered.
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 22-24 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. Claim 13 recites “the proximal end of the telescoping plunger is translatable within the barrel toward the proximal end of the collection container.” However, in Fig. 2 the distal end of the plunger is 104, 104 is disclosed as translatable within the barrel. It is not clear which end of the plunger is translatable as the language in the claim opposes what is disclosed. For purposes of the rejection, it is considered as the distal end of the plunger.
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), and Schiff et al. (US 2013/0085457 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 angle locking portion 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.
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 cap 202, device separates at 206). 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 sis beneficial to indicate if the device is tampered with and prevent the plunger from being used until removal from the packaging.
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 angle locking portion 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.
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 cap 202, device separates at 206). 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 sis beneficial to indicate if the device is tampered with and prevent the plunger from being used until removal from the packaging.
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 cap 202, device separates at 206). 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 sis beneficial to indicate if the device is tampered with and prevent the plunger from being used until removal from the packaging.
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. Generally, as combined the lock is placed in a different location than in Schiff et al. due to which components are nested within each other. Regarding the rejection over 35 U.S.C. 112, while member 154 may denote a distal end of the collection container the distal end of the plunger is indicated as 104. These ends are in opposition and the language to the plunger in claim 13 is not consistent with what is disclosed. Further, new claim 26 refers to the distal-most segment of the plunger sweeping the wall.
Conclusion
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.
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/EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
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