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 .
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 1-15 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, the limitation “a syringe” at line 15, renders the claim indefinite because its unclear whether this is referring to the same syringe as line 5 or not.
Regarding claim 3, the limitation “forming the hinged connecting” renders the claim indefinite because its unclear whether this is reciting a hinge or attempting to refer to the previously claimed hinged connection. The former lacks antecedent basis.
Regarding claim 6, the limitation “such as less than 40%, such as less than 30%, such as less than 20%” renders the claim indefinite because the language is exemplary and its unclear whether the limitation is being positively recited or not.
Regarding claim 10, the limitation “such as at least 20%, such as at least 30%” renders the claim indefinite because the language is exemplary and its unclear whether the limitation is being positively recited or not.
Regarding claim 11, the limitation “a syringe” renders the claim indefinite because its unclear whether the recitation is referring to the same syringe recited in claim 1 or not.
Regarding claim 15, the limitation “a proximal end of the cassette housing” renders the claim indefinite because its unclear if this is the same as recited in claim 14 or not. Additionally, the limitation “the distal locking ends” lack antecedent basis.
Claims dependent thereon are rejected for the same reasons.
Allowable Subject Matter
Claims 1-15 would otherwise be allowed pending resolution of the issues identified above.
The following is an examiner’s statement of reasons for allowance: At the outset, the Examiner notes the term “substantially c-shaped lid part” is in part relative terminology; however, referring to the Applicant’s specification, the term “substantially C-shaped lid part may thus have the shape of a circle with an opening spanning an area of a full circular circumference of the circle being at least 10%”. Thus the term substantially C-shaped lid part appears to be discussed in the specification with sufficient detail so as to give an ordinary skilled worker a means to measure the scope.
The prior art of record does not appear to teach or fairly suggest a substantially C-shaped lid part is hingedly connected to the distal end of the syringe holder tubular part in combination with the remaining elements as claimed. Various aspects of the disclosed invention are known in the art. The closest prior art of record appears to be Takabatake US 2017/0224921. As noted in the counterpart office’s decision, Takabatake shows a lid part 11 having a hinge 11d connected to the syringe holder tubular part. The counter-part office does not identify the C-shaped lid part but merely states that the limitation is obvious. However, the Applicant states that “the flexibility in the substantially C-shaped lid part further ensures that if the user pushes on the syringe unevenly from a proximal direction, only part of the substantially C-shaped lid part is affected since the forces are not easily transferred around in the substantially C-shaped lid part. Thus, it appears that the improvement from a circular lid part to a C-shaped lid part is a critical part of the invention that prevents undesired loading configuration and therefore cannot be said to be an obvious design change.
Additionally, Akbari WO 2021/071917 teaches a similar device to the claimed invention and the Takabatake. Akbari shows a C-shaped lid part 230 for the tubular syringe holding part 260. The C-shaped lid part is shown in fig. 5 having a C-shaped cross section. While the lid part is not C-shaped in the manner disclosed, the claims do not specify the plane in which the C-shape is required. However, C-shaped lid part is not hingedly connected to the syringe holder tubular part. Rather it is clipped in via locking tabs 234, 233. A hinge joint between 230 and 260 would materially alter the manner in which the lid functions.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD LUTHER SUNG whose telephone number is (571)270-3765. The examiner can normally be reached 9-5 PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devon Kramer can be reached at (571)272-7118. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GERALD L SUNG/Primary Examiner, Art Unit 3741
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