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 .
This action is in response to the documents received on May 19, 2023.
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 11, 12 and 15are 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 11 recites the limitation "the contact position" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the syringe loading position" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 1 line 3 references “a suitable position” for filling a syringe and “a loading position” of a movable portion of the loading device in line 11; thus, it is unclear which of these phrases are the antecedent for “the syringe loading position” of claim 15. Likewise, there is no such phrase in claims 2-14.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-10 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ZHOU et al. (US 2021/0170092).
In reference to claim 1, ZHOU et al discloses a machine comprising: a worktop 34 having at least one hole (figure 7) configured to receive syringes (figures 1 & 5; paragraph [0069]); a loading device including a fixed portion 32, 46 and a moveable portion 48 that slide with respect to the fixed portion 46 in a direction parallel to the worktop 34; a first series of housings 52 in the form of a pair of recesses 58, 60, defined in the fixed portion 46, the housings extend in a direction (figure 7) that is not parallel to the movement of the moveable portion 48 and a second series of housings 62 defined in the movable portion 48; wherein the moveable portion 48 transitions between a loading (open) position and a working (closed) position relative to the housings 52 of the fixed portion 46, such that each of the recesses of a respective pair or housings 52, 62 can receive the same syringe (paragraphs [0015], [0074-0075] & [0086]).
Regarding claim 2, figures 11 and 13 of ZHOU al. discloses the housings 52 of the fixed portion 46 are arranged in parallel, and the housings 62 of the moveable portion 48 are arranged in series.
With respect to claim 3, figures 11 and 13 of ZHOU al. further discloses the housings 52 of the fixed portion 52 extending in a direction perpendicular to the direction of movement of the moveable portion 48.
In reference to claim 4, figure 7 of ZHOU et al. discloses the loading device as removable from the worktop 34.
Regarding claim 5, figure 15 of ZHOU et al. discloses the moveable portion 48 having a series of recesses, and separation protrusions between the recesses such that the housings 62 of the moveable portion 48 are arranged on sides of the protrusions (see Diagram I below).
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Diagram I
With respect to claim 6, ZHOU et al. figure 3 discloses the fixed portion 32 situated between the worktop 34 and the movable portion 48.
In reference to claim 7, figure 7 of ZHOU et al. discloses the fixed portion defined by an upper portion 46 and a lower portion 32, the upper 46 and lower 32 portions of the fixed portion each comprising housings 52, 76 aligned with one another to receive syringes; and separation protrusions (see Diagram II below) between the housings 52, 76.
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Diagram II
Regarding claims 8 and 9, figures 11 and 15 of ZHOU et al. discloses an anti-rotation system including arcuate support surfaces 60, 96 that correspond to a shape of the syringe.
With respect to claim 10, figure 25 of ZHOU et al. discloses a locking system that secures the movable portion 48 of the loading device into the working (closed) position.
In reference to claims 13 and 14, figure 25 of ZHOU et al. discloses the loading device having an elastic means 64 that applies a force to the movable portion 48 of the loading device in the working (closed) position.
Regarding claim 15, ZHOU et al. discloses a method comprising the steps of: placing the movable portion 48 of the loading device in the loading position and position a syringe 10 in the housing 52 of the fixed portion 46 of the loading device (figures 27 & 32; paragraph [0089]); and moving the movable portion 48 of the loading device in a direction parallel to the fixed portion 32, 46 until the housings 62 of the movable portion 48 contact the syringe arranged in housing 52 of the fixed portion 46 such that the syringe 10 is locked (figure 32) between the fixed portion of the device 32, 46 and the movable portion of the device 48 (paragraphs [0081-0082] and [0085]).
Allowable Subject Matter
Claims 11-12 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Upon examination, the art considered as a whole, alone or in combination, neither anticipated nor renders obvious the claimed machine comprising a locking system for a loading device wherein an elastic member and shaft are arranged in a housing of a fixed portion of the loading device configured as claimed; and a hole is provided in a movable portion of the loading device wherein the hole is aligned with the shaft of the fixed portion such that the shaft penetrates the hole due to a force of the elastic member for the purpose of locking the loading device for the purpose of effectively securing a container (e.g. syringe) within the housing of the loading device.
While related prior art, such as ZHOU et al., discloses a locking system in figures 22 and 27 that secures the movable portion 48 of the loading device into the working (closed) position, wherein the locking system including elastic elements 64 and a shaft arranged in a housing of the fixed portion 52 of the loading device, such prior art does not disclose the shaft operably engaged with a hole of the movable portion of the loading device as claimed. Thus, it is Examiner’s opinion that it would not have been obvious to one having ordinary skill in the art at the time of the invention to combine or modify the prior art in order to arrive at Applicant's invention as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
January 6, 2026