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 .
Election/Restrictions
Claims 8-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. (Note the applicant does not identifying all claims which it read on Fig. 1). Applicant timely traversed the restriction (election) requirement in the reply filed on 9/14/2026.
Applicant's election with traverse of the specie of Fig. 1 in the reply filed on 9/14/2026 is acknowledged. The traversal is on the ground(s) that the species are similar. This is not found persuasive because the species has different structures which require different arts.
Note that the applicant elected species of Fig. 1 which require to have two spring/elastic members and one grooved transmission structure and limiting block, species of Fig, 12 has one spring and one groove transmission and species of Fig. 19 has two grooved structures/limiting 441, 421. Also, these differences makes the species independent and need to be searched in different strategy and applying different art. Also, claim 9-14 seems to read on Fig, 12 or Fig. 20 so that the examiner will examining claims 1-8, 15-20 as it read on Fig. 1 and claims 1, 19, 20 are generic.
The requirement is still deemed proper and is therefore made FINAL.
.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show positioning groove 4211 as in ¶0105 of the current specification as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “441” has been used to designate both positing groove and limiting groove (see ¶0119, ¶0132). 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the elect species fails to show limiting groove in claim 5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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
Claims 1-20 are objected to because of the following informalities:
Claims 1-20 has no identifier “withdrawn” or “ amended” or “previously presented”.
Claim 19 recites the limitation “ a second elastic member” in line 5. There is no first elastic member, so the applicant can amend the limitation such as “an elastic member”.
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 5-8 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 5 recites the limitation " the compression spring is located between the fourth transmission portion and the second transmission portion" in last two lines. It is unclear if the spring refers to the spring in claim 2 at last 2 line of claim 2 or it is referring to new spring. Also, the spring in claim 2 is located between first connecting shaft and transmission member which the spring seems to be different spring. For the purpose of examination, the examiner will interpret the limitation as it is referring to the limitation of claim 2.
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) 1-8, 15, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Traversaz et al. (US 20160250410 A1) (”Traversaz”).
Re Claim 1, Traversaz discloses a syringe positioning assembly (abstract, Fig. 1-4), comprising: a housing (the housing of 10, Fig. 4) having a carrying face (101) and a fixing face (face of 103 that facing 111, ¶0025); a rotating member rotatably arranged on the housing (12, ¶0030), said rotating member being configured to be rotatable relative to the carrying face (¶0030); a fixing member (111, Fig. 2) movably connected to the housing (Fig, 4, ¶0030), the fixing member being located opposite to the fixing face (Fig. 4); and a transmission member connected to the rotating member (4, 41, ,21, 211, 23, 2321, 121, 2303, 232, 2322, Fig. 2-3), and the fixing member (Fig. 3); wherein, when the rotating member rotates away from the carrying face (open position ¶0030), the rotating member drives the fixing member to move away from the fixing face by means of the transmission member (Fig. 2, ¶0032, ¶0035).
Re Claim 2, Traversaz discloses wherein the rotating member comprises a handle (11) and a first connecting shaft (12), which are connected to each other (Fig. 3), wherein the first connecting shaft is rotatably arranged in the housing ( Fig. 1-4, ¶0030), the handle is located outside the housing (Fig. 4), and the handle is configured to clamp a syringe at the carrying face (¶0025); the fixing member comprises a fixing piece located outside the housing and opposite to the fixing face (111); the transmission member is connected to the first connecting shaft and the fixing member (Fig. 3), respectively; when the handle rotates away from the carrying face, the rotating member drives the fixing piece to move away from the fixing face by means of the transmission member (¶0032, ¶0035); and the syringe positioning assembly further include a compression spring (13), wherein the compression spring is sleeved on the first connecting shaft (Fig. 3); one end of the compression spring is connected to the first connecting shaft (upper end , Fig. 3), and another end of the compression spring abuts against the transmission member (lower end of 13, Fig. 3); and the compression spring is capable of pushing against and axially moving the transmission member (¶0034).
Re Claim 3, Traversaz discloses wherein the transmission member comprises a first transmission portion (22, ¶0030) and a second transmission portion (4, 41), which mate with each other (Fig. 3), wherein the first transmission portion is fixed to the first connecting shaft (¶0030, Fig. 3), the second transmission portion is axially movably sleeved on the first connecting shaft (41 is on 12, Fig. 3), the second transmission portion is provided with a guide groove of a spiral structure (space on4 near 41), and the first transmission portion is engaged in the guide groove (Fig. 3).
Re Claim 4, Traversaz discloses wherein the second transmission portion is further provided with a push member (4, Fig. 1, ¶0036, Fig. 3) that is axially movable and configured to push against the fixing member such that the fixing piece moves away from the fixing face (¶0036, 2323 will push the spring 13 against 4 which pushes 111).
Re Claim 5, Traversaz discloses wherein the transmission member further comprises a third transmission portion (121 and 221, Fig. 1-3) and a fourth transmission portion (24, Fig. 1) which mate with each other (Fig, 3), the third transmission portion is fixed to the first connecting shaft (Fig. 3), the fourth transmission portion is axially movably sleeved on the first connecting shaft (24, Fig. 1), the fourth transmission portion is provided with a limiting groove (232) and a push member (2323), the limiting groove has a spiral structure (Fig. 3), the third transmission portion is engaged in the limiting groove (Fig. 3); the push member (2323) is axially movable and configured to push against the fixing member such that the fixing piece moves away from the fixing face (¶0029-¶0030); the fourth transmission portion is arranged spaced apart from the second transmission portion (Fig, 1), and the compression spring (13) is located between the fourth transmission portion and the second transmission portion (Fig. 3, see also 112 issue for claim 5).
Re Claim 6, Traversaz discloses wherein the push member has an abutment portion that is parallel to the first connecting shaft (41 side) and is configured to push against the fixing member (111).
Re Claim 7, Traversaz discloses wherein a distance between two ends of the limiting groove is greater, in an axial direction of the first connecting shaft, than a distance between two ends of the guide groove ( Fig. 3, distance of 4 is less than distance of 232).
Re Claim 8, Traversaz discloses wherein the guide groove has a first end ( right end of 41) and a second end ( left end of 41), the first end being closer to the fixing piece than the second end (Fig. 3); the limiting groove has a third end (right end of 232) and a fourth end (left end of 232), the third end being closer to the fixing piece than the fourth end ( Fig. 3); and when the handle rotates to a maximum position, the first transmission portion is located at the second end, the third transmission portion is located at the fourth end, and the push member moves the fixing piece to a maximum displacement ( close position, Fig. 4 as 11 is clamping the syringe ¶0032).
Re Claim 15, Traversaz discloses wherein the fixing member further comprises a second connecting shaft ( shaft of 111 that connected to 41), one end of the second connecting shaft is connected to the fixing piece (Fig. 2), and the other end of the second connecting shaft is movably arranged in the housing (Fig. 4); and the fixing member further comprises a stop block (3, 211) fixed to an end portion of the second connecting shaft and located in the housing (Fig. 1, Fig. 4), the stop block being configured to limit a maximum distance by which the second connecting shaft moves in an axial direction of the second connecting shaft (¶0031).
Re Claim 19, Traversaz discloses a syringe positioning assembly (abstract, Fig. 1-4), comprising: a housing (the housing of 10, Fig. 4) having a carrying face (101); a rotating member rotatably arranged on the housing (12, ¶0030), the rotating member being configured to be rotatable in a direction toward or away from the carrying face (¶0030); and a second elastic member (13) arranged in the housing (Fig. 1), wherein the second elastic member is connected to both the housing and the rotating member (Fig. 1), the second elastic member is deformed by force when the rotating member rotates away from the carrying face (¶0026, ¶0032), and a deformation restoring force of the second elastic member is capable of driving the rotating member to rotate toward the carrying face (¶0036).
Re Claim 20, Traversaz discloses a syringe pump that include a syringe positioning assembly (abstract, Fig. 1-4), comprising: a housing (the housing of 10, Fig. 4) having a carrying face (101) and a fixing face ( face of 103 that facing 111, ¶0025); a rotating member rotatably arranged on the housing (12, ¶0030), the rotating member being configured to be rotatable in a direction toward or away from to the carrying face (¶0030, ¶0036); a fixing member (111, Fig. 2) movably connected to the housing (Fig, 4, ¶0030), the fixing member being opposite to the fixing face (Fig. 4); and a transmission member connected to the rotating member (4, 41, ,21, 211, 23, 2321, 121, 2303, 232, 2322, Fig. 2-3), and the fixing member (Fig. 3); wherein, when the rotating member rotates away from the carrying face (open position ¶0030), the rotating member drives the fixing member to move away from the fixing face by means of the transmission member (Fig. 2, ¶0032, ¶0035).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Traversaz in view of Glines (US 6309375 B1) (“Glines”)
Re Claim 16, Traversaz fails to disclose wherein the fixing member further comprises an elastic ring sleeved on the second connecting shaft, wherein one end of the elastic ring is connected to the housing, and the other end of the elastic ring abuts against the stop block; and the elastic ring is arranged to push against and move the stop block in the axial direction of the second connecting shaft so as to drive the fixing piece to move toward the fixing face.
However, Glines discloses a drug delivery (Fig. 1a-e) and wherein the fixing member further comprises an elastic ring (82) sleeved on the second connecting shaft (58, Fig. 1e), wherein one end of the elastic ring is connected to the housing (72, 12), and the other end of the elastic ring abuts against the stop block (74); and the elastic ring is arranged to push against and move the stop block in the axial direction of the second connecting shaft so as to drive the fixing piece to move toward the fixing face (Fig. 1a, Col. 23, lines 5-21).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify fixing member of Traversaz to include an elastic ring so that the fixing member further comprises an elastic ring sleeved on the second connecting shaft, wherein one end of the elastic ring is connected to the housing, and the other end of the elastic ring abuts against the stop block; and the elastic ring is arranged to push against and move the stop block in the axial direction of the second connecting shaft so as to drive the fixing piece to move toward the fixing face as taught by Glines for the purpose of possibility of changing the direction of the movement between engaging and disengaging (Glines, Col. 23, lines 5-21) .
Re Claim 17, Traversaz fails to disclose wherein there are two second connecting shafts, which are connected at intervals to the fixing piece, there are also two elastic rings and two stop blocks, and the two second connecting shafts, the two elastic rings and the two stop blocks are arranged in one-to-one correspondence.
However, Glines discloses a drug delivery (Fig. 1a-e) and wherein there are two second connecting shafts (112, 66), which are connected at intervals to the fixing piece (98), there are also two elastic rings (80, 82) and two stop blocks (102, 74), and the two second connecting shafts, the two elastic rings and the two stop blocks are arranged in one-to-one correspondence (Fig. 1a, Col. 23, lines 5-21).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify fixing member of Traversaz so that there are two second connecting shafts, which are connected at intervals to the fixing piece, there are also two elastic rings and two stop blocks, and the two second connecting shafts, the two elastic rings and the two stop blocks are arranged in one-to-one correspondence as taught by Glines for the purpose of possibility of changing the direction of the movement between engaging and disengaging (Glines, Col. 23, lines 5-21).
Re Claim 18, Traversaz fails to disclose wherein the fixing member further comprises an intermediate actuating member and a trigger switch, wherein the trigger switch is connected to the housing, the intermediate actuating member is connected to the second connecting shaft, and the intermediate actuating member is configured to move along with the second connecting shaft so as to be in contact with or separated from the trigger switch.
However, Glines discloses a drug delivery (Fig. 1a-e) and wherein the fixing member further comprises an intermediate actuating member (104) and a trigger switch (114), wherein the trigger switch is connected to the housing (12, Fig. 1c), the intermediate actuating member is connected to the second connecting shaft (66), and the intermediate actuating member is configured to move along with the second connecting shaft so as to be in contact with or separated from the trigger switch (Fig. 1a, Col. 23, lines 5-21).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify fixing member of Traversaz so that wherein the fixing member further comprises an intermediate actuating member and a trigger switch, wherein the trigger switch is connected to the housing, the intermediate actuating member is connected to the second connecting shaft, and the intermediate actuating member is configured to move along with the second connecting shaft so as to be in contact with or separated from the trigger switch as taught by Glines for the purpose of possibility of changing the direction of the movement between engaging and disengaging (Glines, Col. 23, lines 5-21).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMZA A. DARB whose telephone number is (571)270-1202. The examiner can normally be reached 8:00-5:00 M-F (EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HAMZA A DARB/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
