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 .
Response to Amendment
The Amendment filed 07/08/2026 has been entered. Claims 1-4 are pending in the application.
Claim Objections
Claims 3-4 are objected to because of the following informalities.
Claim 3 should read -- A syringe comprising:
a syringe body having the cylindrical barrel according to claim 1;[[:]]
the syringe gasket according to claim 1
the plunger rod according to claim 1, the plunger rod extending along [[a]]the central axis of the barrel, and having the screw part that is provided in the distal end of the plunger rod, the screw part
Claim 4 should read --A syringe comprising:
a syringe body having the cylindrical barrel according to claim 2;[[:]]
the syringe gasket according to claim 2
the plunger rod according to claim 2, the plunger rod extending along [[a]]the central axis of the barrel, and having the screw part that is provided in the distal end of the plunger rod, the screw part
Applicant should consider rewriting each of Claims 3 & 4 to directly incorporate all of the structure of Claims 1 & 2, respectively, instead of referring to previous claims
Appropriate correction is required.
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 1-4 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.
As to Claim 1, the phrase “while being disposed”, in Line 2, should read --while
the limitation “the large diameter part being configured to be in close contact with an entire area of an inner peripheral surface of the barrel in a circumferential direction at a portion in a direction of a central axis of the cylindrical barrel when the syringe gasket is inserted into the barrel”, in Lines 3-6, is indefinite.
The phrase “the large diameter part being configured to be in close contact” should read --the large diameter part
The bounds of the phrase “an entire area of an inner peripheral surface of the barrel in a circumferential direction” is not clear. One of ordinary skill in the art would interpret the phrase where the entirety of the inner peripheral surface of the barrel constitutes the claimed “entire area”. However, instant application Figure 7 shows the large diameter part 41 as only being in contact with a portion of the inner peripheral surface 210, not the entire inner peripheral surface. Based on instant application Figure 2, one of ordinary skill in the art would conclude it is impossible for the large diameter part to be in contact with the entire area of the inner peripheral surface, since the inner peripheral surface is larger than any portion of the large diameter part which would contact the inner peripheral surface. As such, there is a difference between what is claimed, and what is shown in the instant application figures. For the purpose of examination, the limitation will be interpreted where the large diameter part is in close contact with a portion of the inner peripheral surface.
The term “a portion” is incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. For the purpose of examination, the portion will be interpreted to be a portion of the inner peripheral surface.
It is not clear what structure is “in a direction of a central axis”.
The phrase “the small diameter part being located adjacent to” should read --the small diameter part
The limitation “a screw hole extending from an end surface of the second member on an opposite side to the first member toward the first member to reach an inside of the projection in the axial direction”, in Lines 22-24, is indefinite.
Lines 14-15 define an end surface on a side of the second member. As such, it is not clear if the end surface of the second member in Lines 14-15 is the same structure as the end surface of the second member in Lines 21-22, or if the respective structures are different. For the purpose of examination, the two respective structures will be interpreted as different structures.
The phrase “an opposite side to the first member” should read --an opposite side of the second member to the first member.
The phrase “the screw hole being configured to allow”, in Line 26, should read --the screw hole
The phrase “the element being fitted into the distal end recess” should read --the element
The phrase “while being in contact with the bottom” should read --while
As to Claim 2, the limitation “the small diameter part has an annular projection that projects radially outward at a position with a distance from the large diameter part in the axial direction”, in Lines 2-4, is indefinite.
It is not clear what is meant by the phrase “at a position with a distance from the large diameter part in the axial direction”, since the phrase is grammatically confusing. For the purpose of examination, the limitation will be interpreted as the small diameter part has an annular projection that projects radially outward at a position axially spaced from from the large diameter part.
The limitation “the annular projection is in close contact with an entire area of the inner peripheral surface of the barrel in the circumferential direction at a portion in a direction of a central axis of the cylindrical barrel when the syringe gasket is inserted into the barrel”, in Lines 5-7, is indefinite.
The preamble describes the claimed invention of just a syringe gasket, which is described as Element 3 in the instant application. Instant application Figure 2 shows gasket 3 as being separate from the inner peripheral surface 210 of barrel 21. As such, the scope of the claim is not clear, since the claim positively claims structure outside of the structure defined in the preamble, rendering the claim indefinite. Applicant may overcome this portion of the rejection by amending the first part of the limitation to state “the annular projection is configured to be in close contact with…”.
It is not clear if the phrase “an entire area of the inner peripheral surface of the barrel in the circumferential direction” is the same structure as defined in Claim 1, Lines 4-5, or if the respective structures are different structures. For the purpose of examination, the structure in Lines 5-7, will be interpreted as the same structure as in Claim 1. However, the structure in Lines 5-7 has the same indefinite issues as discussed for the structure in Lines 3-4 above.
It is not clear if the term “a direction of a central axis of the cylindrical barrel” is the same structure as in Claim 1, Lines 5-6, or if the structure is different. For the purpose of examination, the axis in Claim 2 will be interpreted as the same axis as in Claim 1.
Response to Arguments
Applicant's arguments filed 07/08/2026 have been fully considered but they are not persuasive.
Applicant argues the amendments to the claims overcome each of the previous 112(b) rejections. Examiner disagrees.
The amendments to the claims overcame some of the rejections, but it appears Applicant overlooked some of the rejections. Additionally, the amendments require new rejections, as described 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 DAVID BRANDT whose telephone number is (303)297-4776. The examiner can normally be reached Monday-Thursday 10-6, MT.
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/DAVID N BRANDT/ Primary Examiner, Art Unit 3783
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