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 .
Acknowledgment
Claims 1, 3-5 are amended and filed on 3/27/2026.
Claim 2 is canceled.
Claim Objections
Claim 3 is objected to because of the following informalities:
In line 2 of claim 3, “a regulating assembly” should read as “the regulating assembly” (as it is referring to the limitation on claim 1, line 7.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 3 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 3 recites the limitation “a regulating assembly (07) that comprises an adjusting rod (071) passing through the storage tube (01), and the adjusting rod (071) is threaded with the storage tube (01) a gasket (073) is fixedly arranged at one end of the adjusting rod (071) close to the piston (0110” in lines 2-5 was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. according to the claim 1, there is a moving rod (076, Fig. 5) which is connected to the moving plate (074) that coupled to aspiring (061) which pushing the piston (011), but claim 3 requires to have adjusting rod (71, Fig. 3) which connected to the a gasket (073). These are two alternative embodiments (Fig. 5 and Fig. 3) and each has different elements to pressurized the chamber. Furthermore
(C) The state of the prior art show that the rod either is a threaded rod see McArthur or a pushing rod see Leibinsohn;
(D) The level of one of ordinary skill will has one rod inside the syringe to pressurize the chamber and the rod can be a threaded rod or a pushing rod (plunger) and cannot be using two rods for same function;
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.
Claim 3 is 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 3 recites the limitation "a regulating assembly that comprises an adjusting rod passing through the storage tube, and the adjusting rod is threaded with the storage tube, a gasket …." in lines 2-3. It is unclear if the adjusting is referring to a moving rod as recited in the last 2 lines of claim 1 or it is referring to new limitation. Also, it is unclear how gasket is connected to the moving pate ..etc. Note the for the purpose of examination, the examiner will interpret the limitation as " the regulating assembly that comprises the moving rod passing through the storage tube, and t the moving rod is threaded with the storage tube
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, 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over McArthur et al. (US 20130204130 A1) (“McArthur”) in view of Leibinsohn (US. 4064879).
Re claim 1, McArthur discloses a portable carbon dioxide gas injector (Figs. 1-5, abstract, ¶0041, the device is capable to be portable) is characterized by including a storage tube (120), an end of the storage tube is connected with an end of a passage tube (tube between 122 and 106, Fig.5), and a passage valve (106, to 105, Fig. 5) is provided at the other end of the passage tube (Fig. 5, lower end) away from the storage tube (Fig. 5), a piston (a seal of at the lower end of 1 24) adapted to the storage tube (Fig. 5) is arranged inside the storage tube (Fig. 4), a driving assembly (124, 128) for driving the piston is arranged on one side of the piston ( Fig. 1) away from the passage tube (Fig. 4), and a regulating assembly (126) for adjusting the gas storage volume is arranged on the other side of the driving assembly away from the passage tube (Fig. 1, ¶0044); a moving rod (124) and the storage tube (120) is provided with a fixing component (128) configured to fix the moving rod (124), but it fails to discloses that the driving assembly comprises a spring ;wherein the regulating assembly comprises a moving plate adapted to an inner wall of the storage tube in size; one end of the spring is fixedly connected with the piston, and the other end of the spring is fixedly connected with the moving plate; an end face close to the piston, of the moving plate is connected to a docking block, and an end face away from the piston, of the moving plate is connected to a moving rod.
However, Leibinsohn discloses a pressure indicating syringe (Fig. 1-3, it can be used with a gas with visual regulation Col. 3, lines 47-63) and wherein the driving assembly (Fig. 3) comprises a spring (28); wherein the regulating assembly (Fig. 3) comprises a moving plate (plate on the left of 39, 38) adapted to an inner wall of the storage tube in size (Fig. 3); one end of the spring (right end of 39) is fixedly connected with the piston (24, 14), and the other end of the spring (left end of 28) is fixedly connected with the moving plate (using 38); an end face close to the piston (close to 39), of the moving plate (Fig. 3) is connected to a docking block (38, 39), and an end face away from the piston (close to 12), of the moving plate (Fig. 3) is connected to a moving rod (12).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the driving assembly of McArthur to include a spring so that the driving assembly comprises a spring ;wherein the regulating assembly comprises a moving plate adapted to an inner wall of the storage tube in size; one end of the spring is fixedly connected with the piston, and the other end of the spring is fixedly connected with the moving plate; an end face close to the piston, of the moving plate is connected to a docking block, and an end face away from the piston, of the moving plate is connected to a moving rod as taught by Leibinsohn for the purpose of effectively controlling the pressure as desired (Leibinsohn, abstract, Col. 3, lines 47-63 ).
Re claim 3, McArthur discloses a regulating assembly that comprises an adjusting rod (124) passing through the storage tube, and the adjusting rod is threaded with the storage tube, a gasket is fixedly arranged at one end of the adjusting rod close to the piston ( see 112a ,112b rejection above).
Re claim 4, McArthur discloses that an end of the passage valve (106, Fig. 5) away from the passage tube is connected with the input assembly (146, 144), and a cylinder assembly (150, 142) is provided at the end of the input assembly (close to 144) away from the storage tube (Fig. 1).
Re claim 5, McArthur discloses that: the cylinder assembly (150, 142) comprises a connector (142) connected with the input assembly (144), and one side of the connector (lower end of 142) is connected with a gas cylinder (150), an adjusting knob (053) for adjusting the gas pressure inside the storage tube is provided on the connector (¶0043).
Re claim 6, McArthur discloses that a pressure gauge (reading of the pointers of 142 or sensor) for displaying the gas pressure inside the gas cylinder is provided on the connector (Fig. 1, ¶0045).
Re claim 7, McArthur discloses that the gas cylinder is detachably connected with the connector (the cylinder 150 can be detached connected to the connector 142, Fig. 1).
Re claim 8, McArthur discloses that a filter (144) for filtering the gas injected into the storage tube (¶0045) is provided on the input assembly (144, 146).
Re claim 9, McArthur discloses that one end of the passage valve (100) is connected with a Luer connector (inner lumen of 116 is luer ), and a one-way valve (101) is provided at the end of the Luer connector (Fig. 5) away from the passage valve 106 to 105).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over McArthur in view of Leibinsohn and further in view of McCullough (US 20160175527 A1).
Re claim 10, McArthur fails to disclose that a protective case for protecting the storage tube is arranged outside the storage tube.
However, McCullough discloses a pressure device (Fig. 20) comprises a protective case (610) for protecting the storage tube (612) is arranged outside the storage tube (Fig. 20).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the driving assembly of McArthur to include a protective case for protecting the storage tube is arranged outside the storage tube as taught by McCullough for the purpose of housing all elements and structures and assembled in a desired single case (McCullough, ¶0133).
Response to Arguments
Applicant’s arguments, see remark, filed 3/27/2026, with respect to newly added limitation and the rejection(s) of claim(s) 1 under 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of McArthur in view of Leibinsohn
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 HAMZA A. DARB whose telephone number is (571)270-1202. The examiner can normally be reached 8:00-5:00 M-F (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAMZA A DARB/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
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