DETAILED ACTION
Response to Amendment
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.
Claim(s) 1-12 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mescher et al. (US 2005/0238506; hereafter Mescher).
In regard to claim 1, Mescher discloses an injector comprising: a power supply unit (see par. [0054]); a drug chamber (120) in which storing a drug is positioned; an injection unit (128) in the drug chamber, the injection unit configured to inject the drug from the drug chamber (the drug is moved from the chamber to the outflow opening): a housing (170) connected to the drug chamber; a coil (135) outside the housing or outside the drug chamber (see Fig. 1A), the coil configured to receive current from the power supply unit to generate a magnetic field (see par. [0054]); a separation membrane (125) configured to separate the housing and the drug chamber (see Fig. 1A); and a metal material (145; see par. [0052]) adjacent to the separation membrane and configured to move the separation membrane from the housing toward the drug chamber in the presence of the magnetic field (see par. [0052], [0056]-[0057]).
In regard to claim 2, Mescher discloses wherein, when current is applied to the coil by the power supply unit, magnetism is formed by the coil, and wherein the metal material and the separation membrane move from the housing to the drug chamber is in the presence of the magnetic field such that the metal material causes the separation membrane to move toward the drug chamber and pressurize the drug to be injected through the injection unit (see par. [0052], [0056]-[0057]).
In regard to claim 3, Mescher discloses wherein, in the absence of the magnetic field, the metal material and the separation membrane move toward their original positions due to an elasticity of the separation membrane (see par. [0052], [0056]-[0057]).
In regard to claim 4, Mescher discloses wherein the power supply unit applies a pulse current (see par. [0058] and [0062]).
In regard to claim 5, Mescher discloses wherein the pulse current is pulsed power (see par. [0058] and [0062]).
In regard to claim 6, Mescher discloses wherein when the current is applied by the power supply unit, the coil forms a solenoid electromagnet (see par. [0054]-[0057]).
In regard to claim 7, Mescher discloses wherein the metal material is one selected from a permanent magnet and a conductor (see par. [0052]).
I regard to claim 8, Mescher discloses, further comprising: a drug supply unit connected to the drug chamber and configured to supply the drug to the drug chamber (see par. [0078]-[0098]).
In regard to claim 9, Mescher discloses, wherein the coil (135) is positioned under the separation membrane (125) and is positioned outside the drug chamber ("under" is a relative term which depends on the orientation of the whole device).
In regard to claim 10, Mescher discloses wherein the metal material is one selected from a permanent magnet and a conductor (see par. [0052]).
In regard to claim 11, Mescher discloses wherein, a surface of the metal material is coupled to the separation membrane, when the current is applied by the power supply unit, different poles are formed at one end of the coil relatively close to the separation membrane and the other end of the coil relatively far from the separation membrane, and the permanent magnet moves from the housing to the drug chamber through attractive force acts between the electrode formed at the one end of the coil and an electrode of the metal material such that the drug is injected through the injection unit (limitation doesn’t modify the “conductor” option).
In regard to claim 12, Mescher discloses wherein the coil (135) is positioned on the separation membrane (125) and is positioned outside the housing (coil 135 is at least partially outside the housing).
In regard to claim 15, Mescher discloses wherein the drug contained in the drug chamber corresponds to an amount to be injected once (each stroke of the piston corresponds to one bolus).
In regard to claim 16, Mescher discloses wherein, when the current is cut off by the power supply unit, the separation membrane is restored to moves toward its original position (see par. [0052], [0056]-[0057]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Mescher in further view of Hunter et al. (US 2007/0191758; hereafter Hunter).
In regard to claims 13 and 17, the combination fails to teach wherein the metal material is a permanent magnet. In a similar art, Hunter discloses an electromagnetic impulse actuator 200 is shown in FIG. 2A. The device 200 includes a magnet assembly 201 defining an annular slotted cavity 214 and a coil assembly 203 slidably disposed therein. The stroke of the coil 203 can be controlled by the lengths of the coil and magnet assembly. Thus, the electromagnetic actuator can be configured to transfer a substantial volume of a substance during a single, sustained stroke. See par. [0069]. Hunter further discloses a magnet assembly 205 including a column of magnets 204A, 204B disposed along a central axis 203. The column of magnets can be created by stacking one or more magnetic devices. For example, the magnetic devices can be permanent magnets. As a greater magnetic field will produce a greater mechanical force in the same coil, thus stronger magnets are preferred. See par. [0071].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mescher with the use of permanent magnets as disclosed by Hunter in order to provide a stronger magnetic field that produces a greater mechanical force.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 THEODORE J STIGELL whose telephone number is (571)272-8759. The examiner can normally be reached M-F 9-5:30 EST.
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THEODORE J. STIGELL
Primary Examiner
Art Unit 3783
/THEODORE J STIGELL/Primary Examiner, Art Unit 3783
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