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 .
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.
Specification
The disclosure is objected to because of the following informalities: Page 24 last paragraph. “Slideable collar(23) compression portion (23)” should be “slideable collar compression portion (23).”
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “49” has been used to designate both “a retainer” and “a needle containing piece.”
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 16, 38.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 15, 31.
The drawings are objected to because the symbol “1” in Fig. 1 appears to be pointing to two different elements.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 in line 5 includes “the length.” It is believed to be in error for - - a length. - -
Claim 1 in lines 6-7 includes “(under direct or indirect force from a slideable collar).”
It is believed to be in error for - - under direct or indirect force from a slideable collar. - -
(remove the parentheses)
Claim 1 in line 12 includes “the inside of.” It is believed to be in error for - - an inside of. - -
Claim 1 in line 17 includes “the formulation.” It is believed to be in error for - - a formulation. - -
Claim 1 in line 17 includes “a slideable collar.” It is believed to be in error for - - the slideable collar. - -
Claim 1 in line 22 includes “a needle containing piece.” It is believed to be in error for - - the needle containing piece. - -
Claim 1 in line 23 includes “of any contents.” It is believed to be in error for - - of the any contents. - -
Claim 2 in lines 2-3 includes “the proximal end.” It is believed to be in error for - - a proximal end. - -
Claim 7 in line 2 includes “the longitudinal direction.” It is believed to be in error for - - a longitudinal direction. - -
Claim 15 in line 2 includes “by groove.” It is believed to be in error for - - by a groove. - -
Appropriate correction is required.
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 1-20 are 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.
Regarding claim 1, it is not clear what the limitation “said longitudinal flanges” is referring to. The claim previously recites “at least one flange extending along at least a majority of the length of said hollow tubular section.” One flange is singular. Further, it is not clear what direction longitudinal refers to. It seems their may be a longitudinal axis that extends from the distal end to the proximal end. But, this is not clear in the claim. Claims 2-20 depend from claim 1.
Regarding claim 4, the limitation “a direction other than the length of said extension piece” is recited. A direction and a length are two different things. Thus, the claim is unclear. A second direction other than a first direction along a length of said extension piece or something similar is clearer.
Regarding claim 5, the limitation “said slide” is recited. It is not clear what is said slide.
Regarding claim 15, it recites “A syringe as defined in claim 1 which is one-piece.” It is not clear what one-piece means or refers to. The syringe has many pieces such as a hollow tubular section, a slideable collar and a needle containing piece. It is not clear how the syringe could be formed as one-piece.
Allowable Subject Matter
Claims 1-20 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.
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Closest prior is Figs. 9A-9C of Genosar (US 2014/066846). In Genosar, the a roller flatten a compressible chamber as it slides along a track. The design of Genosar lacks one piece body having a flange with a slideable collar configured to move along the flange. Farris (US 6296150) has a compressible chamber that is pulled through rollers, but, also doesn’t have one piece body having a flange with a slideable collar configured to move along the flange.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID OLYNICK whose telephone number is (571)272-2355. The examiner can normally be reached M-F: 7:30 am-5 pm (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phuttiwat Wongwian can be reached at (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID P. OLYNICK/ Primary Examiner, Art Unit 3741