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 Rejections - 35 USC § 102
(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) 7, 8 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ito (US 6,663,593).
Regarding claim 7, Ito discloses a syringe comprising: a disposable portion comprising a fluid reservoir (fig 1) having a fluid opening (in end at bottom of figure) at a distal end thereof and a stopper (figs 3A, 3C and 3D; fig 5; figs 10-12) movably received in the fluid reservoir for sealing a proximal end of the fluid reservoir (fig 18A) and for displacing fluid into or out of the fluid reservoir through the fluid opening upon movement of the stopper within the fluid reservoir (figs 18-18D), the disposable portion having a flange (figs 10/11) with at least one indent (X shaped indent in center); and a reusable portion (figs 3 and 3B) comprising a user-operable plunger detachably coupled to the stopper (title; Col.1 ll 45-48) for causing the stopper to move within the fluid reservoir and thereby displace fluid into or out of the fluid reservoir through the fluid passage under the control of the user (figs 18-18C), the reusable portion having at least one cantilevered arm having a first end for engaging the at least one indent (figs 4 and 14) and a second end protruding through an aperture (fig 18, aperture in rear of disposable portion fluid reservoir), the second end being movable radially inward to disengage the first end from the at least one indent (fig 4 vs fig 4A).
Regarding claim 8, further comprising a thumb press at a proximal end of the plunger (fig 3).
Regarding claim 12, wherein the reusable portion has visible scale markings thereon (see region pointed to in figure below).
If Applicant was to clarify what scale markings comprise in certain ways, this claim will likely be allowable. For example requiring the scale markings to comprise numerals, or a combination of lines and numerals, as in ¶26 of Applicant’s specification would be considered allowable subject matter (when paired with claim 7).
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Allowable Subject Matter
Claims 1-6, 9-11 and 13 are allowed.
The closest art is considered Loe (US 2008/0086092) in view of Taranto et al (US 5,651,774). Loe teaches everything except the visible scale on the reusable outer sleeve and the threaded collar engaging by movement from a distal position to a proximal position. Taranato is a suggestion to place the visible scale on the outer sleeve. As to the remaining limitation, Loe teaches engagement with the tubular insert via a tightening of the collar from a proximal position to a distal position, the opposite that claimed, and modifying Loe to reach the claimed limitation would be based on impermissible hindsight.
Response to Arguments
Applicant’s amendments have overcome the previous claim objections and 112 rejections.
New reference Ito is introduced which anticipates Applicant’s claim amendments to claims 7, 8 and 12.
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 BRADLEY JAMES OSINSKI whose telephone number is (571)270-3640. The examiner can normally be reached Monday to Thursday 9AM to 5PM.
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/BRADLEY J OSINSKI/Primary Examiner, Art Unit 3783
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