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 .
Status of the Application
Claims 1-18 have been examined in this application. This communication is a Final Rejection in response to the "Amendment" and Remarks" filed on 12/03/25.
Claim Interpretation
For the purpose of applying prior art the following broadest reasonable interpretations are applied. The disclosure does not set forth uncommon, special, or otherwise explicit definitions for terms for which the following aforementioned broadest reasonable interpretations are provided. These broadest reasonable interpretations do not appear inconsistent with Applicant’s disclosure.
Broadest Reasonable Interpretations
In regards to claim 8,
the term syringe is interpreted as:
“a device used to inject fluids into […] something” as per the attached definition obtained on 12/18/25 from Merriam-Webster Online dictionary.
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 8 is 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.
As per claim 8, the limitation “The […] syringe tip, which is a syringe” is ambiguous. Specifically, it is unclear how something can be both: a “tip” for a syringe; and, also a “syringe” per se.
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.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020152094 to Tiekenheinrich.
As per claims 1, 7, and 18, Tiekenheinrich discloses a compule (100) having a discharge structure (50, 24) for discharging viscous material from a discharge opening (see Figure A, below), wherein the discharge structure comprises
a flow path (82) that is formed around a virtual central line and allows the viscous material to move (Fig. 1), and
a tapered flow path (see Figure A, below) formed between the flow path and the discharge opening, wherein
a cross-sectional area of the tapered flow path gradually increases toward the discharge opening (Fig. 1),
the compule includes a cylindrical portion having a hollow portion to be filled with the viscous material (Fig. 1-2; pg. 1, Ln. 13) and a nozzle portion (50) to discharge the viscous material,
the discharge structure is configured in the nozzle portion (Fig. 1), and
the nozzle portion is formed in a manner such that a cross-section size of the nozzle portion decreases toward the discharge opening (Fig. 1; 52 forms part of the nozzle portion and decreases toward the discharge opening).
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Figure A: WO 2020152094, Figure 1 - annotated
As per claim 2, Tiekenheinrich further discloses in the cross section of the flow path including the virtual center line, an angle between an extending direction of a peripheral wall of the flow path in the end portion on a discharge opening side and an extending direction of a peripheral wall of the tapered flow path is 50 to 85 degrees (see Figure A, above).
As per claims 3 and 9, Tiekenheinrich further discloses the tapered flow path has a truncated conical shape (Fig. 1).
As per claims 4, 10, and 11, Tiekenheinrich further discloses the flow path has a columnar shape (Fig. 1).
As per claims 5-6 and 12-17, Tiekenheinrich further discloses the tapered flow path and an outer peripheral wall portion of a discharge container or an outer peripheral wall portion of a discharge instrument are connected by an annular circular tip surface (see Figure A, above).
As per claim 8, and as the examiner can understand the claim, the compule of Tiekenheinrich is “used to inject fluids into something”, i.e. a mouth, and therefore constitutes a “syringe” according to the definition of “syringe” set forth herein under title “Claim Interpretation”.
Response to Arguments
In regards to the claim objections issued in the non-final rejection dated 06/03/25, the amendment filed 12/03/25 appropriately addresses all and they are withdrawn.
In regards to the claim rejections under 35 USC § 112 issued in the non-final rejection dated 06/03/25, the amendment filed 12/03/25 appropriately addresses all and they are withdrawn. The rejection under 35 USC § 112 contained in this office action is necessitated by the amendment filed 12/03/25.
In regards to the claim rejections under 35 USC § 102, the arguments filed 12/03/25 have been fully considered but are not found persuasive. Applicant requests withdrawal of the rejections by providing the following arguments:
The cross section size of section 50 of Tiekenheinrich partially increases toward the application opening 24. Therefore Tiekenheinrich is distinct from the presently claimed invention with respect to the structure of the cross-section size of the nozzle portion toward the discharge opening.
In response to (A), and as set forth herein, Tiekenheinrich discloses the discharge structure is configured in the nozzle portion (Fig. 1), and the nozzle portion is formed in a manner such that a cross-section size of the nozzle portion decreases toward the discharge opening (Fig. 1; 52 forms part of the nozzle portion and decreases toward the discharge opening).
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.
The prior art made of record in FORM PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Randy Gruby, whose telephone number is (571) 272-3415. The examiner can normally be reached from Monday to Friday between 8:00 AM and 5:00 PM.
If any attempt to reach the examiner by telephone is unsuccessful, the examiner’s supervisor, Paul Durand, can be reached at (571) 272-4459.
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/R.A.G/Examiner, Art Unit 3754
/FREDERICK C NICOLAS/Primary Examiner, Art Unit 3754