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.
Claims 17 and 19 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Recitation of “the nested screws” in line 2 of claim 17 lacks a positive antecedent basis.
Claim 19 is indefinite for failing to particularly point out what is meant by "a contact signal" and how the mechanism functions that is supposed to provide said contact signal.
For examination purposes, “a contact signal” mechanism is not considered.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-4 and 8-15 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by US 2012/0022453 A1 to Yodfat et al. (hereinafter “Yodfat”).
Regarding claim 1, Yodfat discloses a fluid delivery device (10) (see Fig. 2-3) with a syringe barrel having a reservoir chamber (220) that can contain fluid and a plunger (600) that translates within the chamber along a longitudinal reservoir axis thereof to expel fluid from the chamber and out of the syringe barrel via an outlet, the fluid delivery device further comprising:
a pusher (300) dimensioned to translate within the barrel, the plunger (600) having a front face directed toward the outlet and a rear face directed toward a front face of the pusher (300); and
an extending mechanism (114) coupled to a rear face of the pusher to controllably translate the pusher within the chamber along the longitudinal reservoir axis, the extending mechanism configured to extend the front face of the pusher (300) to abut at least a portion of the rear face of the plunger (600) to move the plunger (600) (see paragraph [0055]; Fig. 2 - it be should be noted that the wording "extending mechanism" as such can be construed as a mechanism that "extends" the pusher, i.e., a mechanism that triggers some type of forward translation of the pusher).
Regarding claims 3-4, Yodfat teaches that the syringe barrel and the plunger (600) has an elliptical cross-sectional shape (see Fig. 2-3).
Regarding claims 8-9, Yodfat teaches that front face of the pusher (300) has a protrusion (304) extending distally toward the rear face of the plunger (600) wherein the protrusion has a half-spherical shape (see Fig. 7).
Regarding claims 10-11, Yodfat teaches that the rear surface of the plunger (600) has a recess (419) for receiving at least a portion of the protrusion as a mechanical ball joint to reduce tilt of the plunger that could occur when translated by the extending mechanism driving pusher (300) into the plunger (600) (see Figures 7-8).
Regarding claims 12-14, Yodfat teaches that an innermost wall of the recess (419, 419a-419e) has a surface character that is flat or contoured to accommodate at least part of the protrusion (304) (see Figures 8, 9a-9e), the recess has a depth dimensioned to accommodate the full length of the protrusion (304) to achieve direct contact of the front face of the pusher (300 with the rear face of the plunger (600) (see Figures 8, 9a-9d), and the recess has a depth dimensioned to accommodate only a portion of the full length of the protrusion (304) such that a gap exists between the front face of the pusher (300) when driven into the rear surface of the plunger (600 by the extending mechanism (see Figure 9e).
Regarding claim 15, Yodfat teaches air venting indents (531, 532) along at least a portion of its perimeter (see paragraph [0058], Fig. 5a).
Claims 1-4, 7-8, 10, 12-13 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by European Patent Application No. 3656418 A1 to Burren et al. (hereinafter “Burren”).
Regarding claim 1, Burren discloses a fluid delivery device (1) (see Fig. 1-3; paragraphs [0034]-[0041]) with a syringe barrel (7a) having a reservoir chamber that can contain fluid and a plunger (9) that translates within the chamber along a longitudinal reservoir axis thereof to expel fluid from the chamber and out of the syringe barrel via an outlet (14), the fluid delivery device further comprising:
a pusher e.g. interchangeable adapter (23) dimensioned to translate within the barrel (7a), the plunger (9) having a front face directed toward the outlet and a rear face directed toward a front face of the pusher (23); and
an extending mechanism (17) e.g. piston rod coupled to a rear face of the pusher to controllably translate the pusher within the chamber along the longitudinal reservoir axis, the extending mechanism configured to extend the front face of the pusher (23) to abut at least a portion of the rear face of the plunger (9) to move the plunger (9) (see paragraphs [0034]-[0041]). Regarding claim 2, Burren teaches that the pusher (23) is configured as a plate and the extending mechanism (17) is connected to a point on the rear surface of the pusher that is centered with respect to the longitudinal reservoir axis (see Figure 1).
Regarding claims 3-4, Burren teaches that the perimeter of the syringe barrel (7a), the plunger (9) and the pusher (23) has a circular cross-sectional shape (see Fig. 1).
Regarding claim 7, Burren teaches that the rear face of the plunger (9) is flat and a majority of the front face of the pusher (23) can abut the rear surface of the plunger (9) when the extending mechanism (17) is moving the plunger (9) via the pusher (23)(see Fig. 1).
Regarding claim 8, Burren teaches that front face of the pusher (23) has a protrusion (23a) extending distally toward the rear face of the plunger (9) (see Fig. 3; paragraph [0041]).
Regarding claim 10, Burren teaches that the rear surface of the plunger (9) has a recess (9b) for receiving at least a portion of the protrusion (23a) (see Fig. 3; paragraph [0041]).
Regarding claims 12-13, Burren teaches that an innermost wall of the recess (9b) has a surface character that is flat or contoured to accommodate at least part of the protrusion (23a) and the recess (9b) has a depth dimensioned to accommodate the full length of the protrusion (23a) to achieve direct contact of the front face of the pusher (23) with the rear face of the plunger (9) (see Fig. 3; paragraph [0041]).
Regarding claim 15, Burren teaches air venting indents (22) along at least a portion of its perimeter (see Figures 2, 2a).
Regarding claim 16, Burren teaches that plunger (9) has extensions from its rear face that form a receptacle to receive the pusher (23) (see Fig. 3; paragraph [0041]).
Regarding claim 17, Burren teaches that the pusher (23) comprises an aperture (22) to rigidly receive a distal end of the screw protruding from the front side of pusher (23) and the plunger comprising a recess (9b) to receiving the protruding distal end therein (see Fig. 3; paragraphs [0038], [0041]).
Regarding claim 18, Burren teaches that the plunger (9) has a protrusion extending from its rear face toward the front face of the pusher (23), the protrusion contacting a point on the front face of the pusher (23) that is centered with respect to the longitudinal reservoir axis (see Fig. 3; paragraph [0041]).
Regarding claim 19, Burren teaches that a contact is provided to at least one of the plunger (9) and the pusher (23)(see Figure 3).
Regarding claim 20, Burren teaches that the pusher (23) comprises holes extending from its front face to its rear face and a front face of the extending mechanism (17) is provided with protrusions (21) received in the holes (22) on the pusher (23) when the extending mechanism (17) fully retracts the pusher (23) (see Fig. 3; paragraph [0041]).
Claims 1-8, 10, 12-13 and 15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2022/0054740 A1 to Wood et al. (hereinafter “Wood”).
Regarding claim 1, Wood discloses a fluid delivery device (1) (see Fig. 2, 4A-5, 7A-11; paragraphs [0037]-[0038], [0040]-[0046], [0048], [0053], [0060]) with a syringe barrel having a reservoir chamber (22) that can contain fluid and a plunger (28) that translates within the chamber along a longitudinal reservoir axis thereof to expel fluid from the chamber and out of the syringe barrel via an outlet (24), the fluid delivery device further comprising:
a pusher (80) dimensioned to translate within the barrel, the plunger (28) having a front face directed toward the outlet and a rear face directed toward a front face of the pusher (80); and
an extending mechanism (30) e.g. plunger driver assembly (30) coupled to a rear face of the pusher (80) to controllably translate the pusher (80) within the chamber (22) along the longitudinal reservoir axis, the extending mechanism configured to extend the front face of the pusher (80) to abut at least a portion of the rear face of the plunger (28) to move the plunger (28) (see Figure 4B; paragraphs [0037]-[0038], [0048], [0053], [0060]). Regarding claim 2, Wood teaches that the pusher (80) is configured as a plate and the extending mechanism (30) is connected to a point on the rear surface of the pusher (80) that is centered with respect to the longitudinal reservoir axis (see Figures 4B, 7C).
Regarding claims 3-4, Wood teaches that the perimeter of the syringe barrel (22), the plunger (28) and the pusher (80) has an elliptical cross-sectional shape (see Fig. 4B, 7C; paragraph [0060]).
Regarding claim 5, Wood teaches that the extending mechanism (30) comprises telescopic nested screws rotated controllably to extend and retract the pusher, the rear face of the pusher (80) is connected to a distal end of one of the nested screws(74, 72, 70), the distal end of the screw (74) comprising an anti-rotation feature (74c) configured to cooperate with another anti-rotation feature (82) provided on the rear face of the pusher (80)(see Figure 4B, 5, 7A-7C, 11; paragraph [0038], [0046], [0048]).
Regarding claim 6, Wood teaches that the anti-rotation feature of the screw is a protrusion (74c) of selected shape and the anti-rotation feature on the pusher (80) is an indent (82) having the selected shape to receive the protrusion (74c) )(see Figure 4B, 5, 7A-7C, 11; paragraph [0038], [0046], [0048]).
Regarding claim 7, Wood teaches that the rear face of the plunger (28) is flat and a majority of the front face of the pusher (80) can abut the rear surface of the plunger (28) when the extending mechanism (30) is moving the plunger (28) via the pusher (80)(see Fig. 4B, 7C).
Regarding claim 8, Wood teaches that front face of the pusher (80) has a protrusion (81) extending distally toward the rear face of the plunger (28) (see Fig. 7A, 7C).
Regarding claim 10, Wood teaches that the rear surface of the plunger (28) has a recess (29a) for receiving at least a portion of the protrusion (81) (see Fig. 7A, 7C)..
Regarding claims 12-13, Wood teaches that an innermost wall of the recess (9b) has a surface character that contoured to accommodate at least part of the protrusion (81) and the recess (29a) has a depth dimensioned to accommodate the full length of the protrusion (81) to achieve direct contact of the front face of the pusher (80) with the rear face of the plunger (28) (see 4B, 7C).
Regarding claim 15, Wood teaches that the pusher (80) comprises air venting indents (80a) along at least a portion of its perimeter (see Figure 7A; paragraph [0048]).
Regarding claim 16, Wood teaches that plunger (28) has extensions from its rear face that form a receptacle to receive the pusher (80) (see 7A-7C).
Regarding claim 17, Wood teaches that the pusher (80) comprises an aperture (82) to rigidly receive a distal end of the screw (74c) protruding from the front side of pusher (80) and the plunger (28) comprising a recess (29a) to receiving the protruding distal end therein (see 7A-7C; paragraphs [0046], [0048]).
Regarding claim 18, Wood teaches that the plunger (80) has a protrusion extending from its rear face toward the front face of the pusher (80), the protrusion contacting a point on the front face of the pusher (80) that is centered with respect to the longitudinal reservoir axis (see 7A-7C).
Regarding claim 19, Wood teaches that a contact is provided to at least one of the plunger (28) and the pusher (80)(see Figures 4B, 7C).
Regarding claim 20, Wood teaches that the pusher (80) comprises holes (82) extending from its front face to its rear face and a front face of the extending mechanism (30) is provided with protrusions (74c) received in the holes (82) on the pusher (80) when the extending mechanism (30) fully retracts the pusher (80) (see Fig. 7A-7C; paragraphs [0046], [0048]).
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.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Yodfat as applied to claim 1 above, and further in view of Wood.
Yodfat discloses a fluid delivery device as disclosed above.
Yodfat further teaches a driving screw (300) (see Figure 3; paragraph [0055]).
Claim 5 differ from Yodfat in reciting that the extending mechanism comprises telescopic nested screws rotated controllably to extend and retract the pusher, the rear face of the pusher is connected to a distal end of one of the nested screws, the distal end of the screw comprising an anti-rotation feature configured to cooperate with another anti-rotation feature provided on the rear face of the pusher.
Wood teaches a fluid delivery device comprising the extending mechanism (30) comprising telescopic nested screws rotated controllably to extend and retract the pusher, the rear face of the pusher (80) is connected to a distal end of one of the nested screws(74, 72, 70), the distal end of the screw (74) comprising an anti-rotation feature (74c) configured to cooperate with another anti-rotation feature (82) provided on the rear face of the pusher (80)(see Figure 4B, 5, 7A-7C, 11; paragraph [0038], [0046], [0048]).
It would have been obvious to a person of ordinary skill in the art to include known telescopic nested screws with anti-rotation feature of Wood in the device of Yodfat to prevent any rotation imparted on the innermost screw by other components from causing rotation of plunger relative to the inner walls of the reservoir (see Wood: paragraph [0045]).
Regarding claim 6, Wood teaches that the anti-rotation feature of the screw is a protrusion (74c) of selected shape and the anti-rotation feature on the pusher (80) is an indent (82) having the selected shape to receive the protrusion (74c) )(see Figure 4B, 5, 7A-7C, 11; paragraph [0038], [0046], [0048]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN KIM whose telephone number is (571)272-1142. The examiner can normally be reached Maxi Flex.
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/John Kim/Primary Examiner, Art Unit 1777
JK
12/23/25