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 Objections
Claim 1 is objected to because of the following informalities: Claim 1 recites “between the transaction section” in the 8th line from the end. It appears the word transaction was a type and should recite –transition--. Appropriate correction is required.
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) 1-4, 6-7, 21-27, 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shemesh et al. (U.S. 2010/0179506 A1).
With regard to claim 1, Shemesh discloses A guiding element device (fig. 4), comprising: a guiding element shaft (16) capable of housing a needle ([0021], needle of syringe can be pushed on to syringe adapter element connection port 16); a guiding element barrel (formed by 12 and 17) capable of housing a vial ([0020], [0022]), wherein the guiding element barrel comprises: a bottom barrel edge (annotated drawing below), a first recessed portion (see annotated drawing below), a second recessed portion (see below), a third recessed portion (see below), a fourth recessed portion (see below), a fifth recessed portion (see below), and a sixth recessed portion (see below); a transition section (66), comprising a top surface (siding facing the rim 12) and a bottom surface (side facing 16); and a first support arm (64), a second support arm (there are four support arms 64 shown in Fig. 4), and a third support arm (there are four support arms 64 shown in Fig. 4), wherein each support arm is operably connected to the transition section (see arm 64 that extends upwards from a floor 66, [0027]) and the guiding element barrel (17, 64 is connected with the barrel portion 17 as shown in Fig. 4) and wherein each support arm is capable of articulating (64 is described as a cantilevered arm and thus is articulatable, [0027]), wherein each recessed portion and is located between the transition section and the bottom barrel edge (see drawing below); wherein the first recessed portion and the second recessed portion meet together to form a first channel (see annotated drawing below); wherein the third recessed portion and the fourth recessed portion meet together to form a second channel (each of the recessed portions meet similarly to that of the first and second and thus would also form a channel); and wherein the fifth recessed portion and the sixth recessed portion meet together to form a third channel (each of the recessed portions meet similarly to that of the first and second and thus would also form a channel).
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With regard to claim 2, Shemesh discloses wherein the first channel, the second channel and the third channel are located on an exterior surface of the guiding element barrel (the channel is considered exterior and as it is not formed on the inner surface of the barrel portion).
With regard to claim 3, Shemesh discloses further comprising: a first window (68), a second window (there are four windows 68), a third window (there are four windows 68), wherein each window is located between the transition section and the guiding element barrel (see Fig. 4).
With regard to claim 4, Shemesh discloses wherein each of the recessed portions comprises an angled edge (18) that is located on the bottom barrel edge; wherein each angled edge slopes inwardly towards the bottom surface of the transition section (best shown in the first recessed portion and second recesses portion in the annotated Fig above showing that the slope of the recessed portion is angled slightly towards the transition section 66) and wherein the angled edges are capable of guiding the vial into the guiding element barrel (the device as a whole including the edge is designed to guide a vial and thus the angled edge is also considered configured to guide the vial without further structure that limits how the guiding takes place).
With regard to claim 6, Shemesh discloses wherein the first recessed portion and the second recessed portion meet together to further form a first barrel engagement surface (see annotated Fig above that shows the surface from the opposite side, essentially the interior of the barrel but this surface would exist for each of the recessed portions; wherein the third recessed portion and the fourth recessed portion meet together to further form a first barrel engagement surface (see annotated Fig above that shows the surface from the opposite side, essentially the interior of the barrel but this surface would exist for each of the recessed portions; wherein the fifth recessed portion and the sixth recessed portion meet together to further form a first barrel engagement surface (see annotated Fig above that shows the surface from the opposite side, essentially the interior of the barrel but this surface would exist for each of the recessed portions; and wherein the first barrel engagement surface, the second barrel engagement surface, and the third barrel engagement surface are each located on an interior surface of the guiding element barrel (see annotated Fig above).
With regard to claim 7, Shemesh discloses wherein the guiding element barrel is capable of resiliently expanding and contracting (via the arms (64) to house vials of different sizes).
With regard to claim 21, Shemesh discloses further comprising a fourth support arm (there are four arms 64) operably connected to the transition section and the guiding element barrel (as shown in Fig. 4); wherein the fourth support arm that is articulatable ([0027]); and wherein the guiding element barrel further comprises a seventh recessed portion and an eighth recessed portion (the seventh and eighth recessed portion would follow similar to the recessed portions shown above but along the sides of the fourth arm 64).
With regard to claim 22, Shemesh discloses wherein the seventh recessed portion and the eighth recessed portion meet together to form a fourth channel (same as how the channel is formed in the annotated Fig above but with the seventh and eighth recessed portion) on the exterior surface of the guiding element barrel and to form a fourth barrel engagement surface on the interior surface of the guiding element barrel.
With regard to claim 23, Shemesh discloses wherein each of the channels is rounded (see the channel labeled above in the annotated Fig showing the meeting of the two recessed surfaces which can be considered rounded in shape) to provide the guiding element barrel the flexibility to resiliently expand and contract (via the arms 64).
With regard to claim 24, Shemesh discloses further comprising a fourth window (the fourth of 68) located between the transition section and the guiding element barrel (see Fig. 4).
With regard to claim 25, Shemesh discloses wherein the first recessed portion and the second recessed portion meet together to further form a first pair of recessed portions (see circled portion on the drawing below, any of the recessed portions form pairs such as the one indicated whether its between the first and second or the third and fourth), wherein the angle between the first recessed portion and the second recessed portion is defined by a first arc (arc is shown in the annotated drawing below by the curved line. Further definition of the arc would be needed to overcome the current rejection. Having two recessed walls that form an arc appears to just be the portion where they are joined, that angle would be considered an arc. Thus further definition of the arc is needed); wherein the third recessed portion and the fourth recessed portion meet together to further form a second pair of recessed portions (see description above for the first and second recessed portions), wherein the angle between the third recessed portion and the fourth recessed portion is defined by a second arc (see description above for the first and second recessed portions); wherein the fifth recessed portion and the sixth recessed portion meet together to further form a third pair of recessed portions (see description above for the first and second recessed portions), wherein the angle between the fifth recessed portion and the sixth recessed portion is defined by a third arc (see description above for the first and second recessed portions); wherein the seventh recessed portion and the eighth recessed portion meet together to further form a fourth pair of recessed portions (see description above for the first and second recessed portions), wherein the angle between the seventh recessed portion and the eighth recessed portion is defined by a fourth arc (see description above for the first and second recessed portions); wherein the paired recessed portions are capable of moving independently from each other (each includes part of the articulating arm and thus can move independent of one another) and wherein the angles of the arcs between the recessed portions are capable of increasing when the vial is inserted into the guiding element barrel and when the vial engages and pushes the barrel engagement surfaces away from a longitudinal axis of the guiding element barrel, thereby causing the guiding element barrel to resiliently expand (the portions include part of the articulating arms and thus can move to be bigger or smaller changing the arc of the recessed portions).
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With regard to claim 26, Shemesh discloses wherein the guiding element shaft (16) is operably connectable to a needle hub located on the needle (the needle hub and needle are not positively claimed and therefore not required to be taught by the art, the shaft is configured to work with a needle of a syringe and therefore would be capable to be connect to a needle hub [0021]).
With regard to claim 27, Shemesh discloses wherein the guiding element shaft (16) is operably connectable to a receiving boot that is capable of receiving a sliding safety shield located on a syringe (safety shield are not positively claimed and therefore not required to be taught by the art, the shaft is configured to work with a needle of a syringe and therefore would be capable to be connect to a safety shield [0021]).
With regard to claim 29, Shemesh discloses wherein the first support arm, the second support arm, and the third support arm that are each articulatable independent from each other (see Fig. 4, arms 64 are only cantilevered at the connection with 66. So they could each be pivoted individually).
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shemesh et al. (U.S. 2010/0179506 A1).
With regard to claim 5, Shemesh discloses an angled edge but does not explicitly disclose a 45 degree angle.
However, it would be prima facie obvious to optimize the angle of the angled edge because doing so would not alter the overall function of the device and the claims do not have a significant purpose for the claimed angle.
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shemesh et al. (U.S. 2010/0179506 A1).
With regard to claim 28, Shemesh discloses wherein the transition section further comprises: a first slit, a second slit, a third slit, a fourth slit, a fifth slit, and a sixth slit. See Annotated Fig below showing where the slits would be located, a further fifth and sixth slits can be located along the other sides of element 17 that are not explicitly shown in Fig. 4 as the slits are located along all the sides of 17 in a similar manner.
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However, Shemesh does not disclose the slits extending through the transition section.
Walsh teaches a similar vial adapter (Fig. 1) with articulating arms (44) and a transition section (24) and further teaching slits (36) that run from the top surface and the transition section through to the bottom surface of the transition section (as shown in Fig. 1).
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shemesh to have the slits extend into the transition section as taught by Walsh for the purpose of assisting in allowing the housing to flex outward to snap over a vial ([0033]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7, 21-29 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 claims are still taught by the Shemesh reference as it teaches the first and second recess portions coming together to form a channel. As discussed in the Interview the directions of the channels and the recessed portions would need to be defined in order to overcome the current rejection. Alternatively, the arcs now recited in claim 25 may potentially be able to overcome the current rejection if they were further defined as to where and how the arcs are created.
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 LAUREN P FARRAR whose telephone number is (571)270-1496. The examiner can normally be reached Monday - Friday 9am - 5pm.
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/Lauren P Farrar/Primary Examiner, Art Unit 3783
