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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim 17-32 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 17 recites the limitation "the drug" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the liquid drug" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claims 18, 19 and 30 recite the limitation “a back end of the plunger” in line 3 for each claim respectively. These claims are unclear because “a back end of the plunger” is already introduced in line 10 of claim 17.
Claim 20 recites the limitation "a rotor" in line 11. This claim is unclear because “a rotor” is already introduced in line 4 of claim 20.
Claim 24 recites the limitation "the pumping system" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 26 recites the limitation "the rotary actuation wheel and actuation lever of the septum needle actuation mechanism" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. The claim seems to be out of order in which the objects pointed out are presented.
Claim 26 recites the limitation "the pumping system" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 27 recites the limitation “the actuation disc” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 28 recites the limitation “the septum end” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 29 recites the limitation "the pumping system" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 30 recites the limitation “the cylinder portion” in line 7. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 17-32 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADEN M RITCHIE whose telephone number is (703)756-1699. The examiner can normally be reached M-F 8am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhisma Mehta can be reached at 571-272-3383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HADEN MATTHEW RITCHIE/Examiner, Art Unit 3783
/BHISMA MEHTA/Supervisory Patent Examiner, Art Unit 3783
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