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 3-4, 6, 8, 10, 12, 14, 16, 18 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.
Claim 3 recites the limitation “the communicating channels include multiple trenches, and the trenches are formed in the annular connecting portion”. It is unclear where the communicating channels are located as claim 1 requires them to be formed on the piston while claim 3 requires them to be formed on the cup body. For the sake of examination, the limitation will be interpreted as reciting “the communicating channels include multiple trenches”.
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, 3-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nelson (US 2008/0306439).
Regarding Claim 1, Nelson discloses a freeze-dry powder injector restoring device (Device of Fig 7) including: a container (21, 24, Fig 7) having a lower connecting portion (24 on portion 21, Fig 7) located at an end of the container, and the lower connecting portion forming a lower opening (opening near 24, Fig 7); a cup body (21, Fig 7) located at another end of the container, and the cup body forming an inner space (26, Fig 4) and an upper opening fluidly communicating with each other (See Fig 4); and a tube portion (74, Fig 7) mounted in the cup body, an end of the tube portion fluidly communicating with the lower opening (See arrow in Fig 10 showing fluid pathway), and another end of the tube portion forming a tube opening (72, Fig 5); a piston (122, Fig 7) mounted in the container, dividing the inner space into a first chamber and a second chamber, and the piston having a separating board (112, Fig 7) and a connecting sleeve (116, Fig 7), the connecting sleeve protruding from a side of the separating board (See Fig 7), the connecting sleeve mounted on the tube portion and adjacent to the tube opening (See Fig 7), and the connecting sleeve capable of sliding along the tube portion (the coupling sleeve slides along the tube portion from the position seen in Fig 7 to the position seen in Fig 10; Para 0054-0055); the connecting sleeve having a communicating opening (opening near 118, Fig 4); and multiple communicating channels (channels formed in 122 near numeral 72 in Fig 10) formed on the piston and disposed between the first chamber and the second chamber (Para 0055); and a top cover (34, Fig 7) connected to the container and having an upper connecting portion (24 on portion 34m, Fig 7) located at a side of the top cover; the upper connecting portion forming a connecting opening fluidly communicating with the first chamber (See Fig 10); and a covering portion (wall portions of 34 comprising locking tabs 31, Fig 7) located at another side of the top cover, the covering portion surrounding and protruding from an outer wall surface of the upper connecting portion (See Fig 7); the top cover fixed at the upper opening of the cup body via the covering portion (Para 0048); and wherein, when the tube opening is closed by the piston, the communicating opening and each one of the communicating channels is closed (See Fig 7, Para 0054), and when the tube opening is open, the tube opening, the communicating opening, the second chamber, each one of the communicating channels, and the first chamber fluidly communicate with each other (See Fig 10; Para 0055).
Regarding Claim 3, Nelson discloses the cup body forms an annular connecting portion (23, Fig 4), the annular connecting portion is recessed from an inner wall surface of the cup body, and the annular connecting portion is located adjacent to the upper opening (See Fig 4); and the communicating channels include multiple trenches (See Fig 4 and 7 wherein the communicating channels are trenches formed in the piston 122)
Regarding Claim 4, Nelson discloses the piston has an oblique surface, and the oblique surface is adjacent to the connecting sleeve (See annotated Fig 7).
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Allowable Subject Matter
Claims 2, 5, 7, 9, 11, 13, 15, 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 6, 8, 10, 12, 14, 16, 18 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and 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.
The following is a statement of reasons for the indication of allowable subject matter: the subject matter of claims 5, 6, 13, and 14 could either not be found or was not suggested in the prior art of record. Specifically, the prior art of record fails to teach the piston is sleeved on the tube portion via the connecting sleeve; and the connecting sleeve has multiple ribs protruding from an inner wall surface of the connecting sleeve, the ribs extending along an axial direction of the connecting sleeve, and the ribs spaced apart from each other; and multiple grooves, and each one of the grooves formed between every adjacent two of the ribs as required by claims 5 and 6. The prior art also fails to teach an inner diameter of the connecting sleeve is larger than an outer diameter of the tube portion; and the piston has a split stopper mounted on the separating board and disposed in the connecting sleeve, and the split stopper having a stopper opening; the piston disposed through the tube opening of the tube portion via the split stopper as required by claims 13-14. While Nelson teaches a mixer (40, Fig 7) in the cup body as required by claims 11, 12, 17, 18, these claims depend from claims 5, 6, 13, and 14. Lastly, claims 7-10 and 15-16 depend from claims 5, 6, 13, and 14 and thus, they overcome the art for at least the reasons detailed above. It would not have been obvious to modify the prior art of record to arrive at eth claimed invention without a teaching to do so.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Patent Application TW M633806 teaches a similar freeze-dry powder injector restoring device, however, it lacks a piston (filter 20 is stationary and therefore cannot be interpreted as a piston) as required by the independent claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTARIUS S DANIEL whose telephone number is (571)272-8074. The examiner can normally be reached M-F 7:00am to 4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at 571-272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTARIUS S DANIEL/Examiner, Art Unit 3783
/KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783
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