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 .
Response to Amendment
This office action is responsive to the amendment filed on 5/6/26. As directed by the amendment: claims 8, 10, 11, 13, and 14 have been amended, claims 1-7 have been cancelled, and no new claims have been added. Thus, claims 8-14 are presently pending in this application.
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 9 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.
Regarding claim 9, it is unclear whether the recited “a retaining tip configured to abut the cartridge” is referring to the same element as “a retaining tip configured to abut the cartridge…” which has been amended into claim 8. For the purposes of examination, claim 9 is interpreted to refer to the same element recited in claim 8.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 9 appears to fail to further limit the subject matter of parent claim 8 by reciting an element that was already recited in claim 8. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 8-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reilly et al. (US 7025757).
Regarding claim 8, Reilly et al. discloses a tray (10 as generally illustrated in fig. 1, utilizing the interface embodiment as illustrated in the final embodiment of fig. 5H and described in col. 12, ln. 38-41) designed to receive at least one cartridge 20 comprising a plunger 40 movable inside the cartridge (col. 5, ln. 53-61), said tray comprising: at least one recess 62 formed in a top surface of the tray (surface of tray facing towards 20 in fig. 1 through which 62 is formed) and extending along an engagement axis (axis A in fig. 1), the at least one recess being surrounded by a side wall (sidewall of 60 visible in fig. 1); the at least one recess having an upwardly, along the engagement axis, extending post 14 located therein, the at least one recess further comprising a plurality of protruding retaining members (890da,db) extending radially from said side wall into the at least one recess (see fig. 5H), each of the plurality of retaining members having a fixed end fixed to the tray (end opposite 890db), and having a retaining tip 890db configured to abut the cartridge that is provided on a free end of a respective retaining member(col. 12, ln. 38-41); wherein the tray is configured to retain the cartridge inside the at least one recess by said plurality of protruding retaining members (see fig. 5H and col. 12, ln. 38-41), and wherein the post is configured to abut the plunger of the cartridge when the cartridge is inserted in the at least one recess (col. 5, ln. 53-61), wherein the post is sized relative to the cartridge such that, in any position of the plunger within the cartridge, each cartridge is suspended on the post and remains spaced from a bottom wall of said corresponding recess (see fig. 1).
Regarding claim 9, as best understood, Reilly et al. discloses each retaining member comprises a retaining tip 890db configured to abut the cartridge (see fig. 5H).
Regarding claim 10, Reilly et al. discloses the tray comprises external slots surrounding the at least one recess for enabling each retaining member to be pushed away from the post (space in fig. 5H into which the retaining members expand).
Regarding claim 11, Reilly et al. discloses the at least one recess comprises a plurality of ribs on the side wall to avoid contact between the cartridge and the side wall of the at least one recess (in the first of the two illustrations of the final embodiment in fig. 5H, the rib above and the rib below each of the retaining members).
Regarding claim 12, Reilly et al. discloses the post has a cylindrical, conical, square or cross shape (cylindrical, see fig. 1).
Regarding claim 13, Reilly et al. discloses the tray has a rectilinear or circular shape (circular, see fig. 1).
Regarding claim 14, Reilly et al. discloses a kit comprising a tray according to claim 8, and one or several cartridges comprising a plunger configured to be stored inside the at least one recess of said tray (see again fig. 1 and associated citations from claim 8 above).
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 NATHAN R PRICE whose telephone number is (571)270-5421. The examiner can normally be reached Mon-Fri 8:00am-4:00pm Eastern time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached at 571-270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN R PRICE/Primary Examiner, Art Unit 3783
