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 2-3 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 2 recites the limitation "escrow threads" in line 2. It is unclear if it is referring to the limitation in line 1 of claim 2 of it is referring to new limitation. Note: for the purpose of examination, the examiner will interpret the limitation as it is referring to new limitation and suggest to amend the limitation such as “corresponding screw threads” see Fig. 10.
Claim 3 recites the limitation "escrow threads" in line 1. It is unclear if it is referring to the limitation in line 1 of claim 2 of it is referring to line 2 of claim 1. Note: for the purpose of examination, the examiner will interpret the limitation as it is referring to new limitation and suggest to amend the limitation such as “corresponding screw threads” see Fig. 10.
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) 1-4, 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Endo et al. (US 20200215262 A1) (“Endo”).
Re claim 1, Endo discloses a reservoir assembly (Fig. 1-10, ¶0041) comprising: a reservoir (20) that provides a space therein (inside 20, Fig. 6, ¶0041); a plunger (22) that is inserted into the reservoir and moves back and forth (¶0042) in one direction of the reservoir to form a storage space for a medical liquid (¶0041); a rod (71, Fig. 9) fixed to the plunger and extending in the one direction (Fig, 6); a connecting member screw-coupled (70) to the rod and movable in relation to the rod (¶0061, Fig. 6, Fig. 9); and a pressing member (150) disposed to generate a pushing force between the plunger and the connecting member (as spring is between the plunger and connecting member, Fig. 6 and generate a force between a rod/plunger unite and connecting member 70) when the plunger and the connecting member are adjacent to each other (¶0091-¶0092).
Re claim 2, Endo discloses wherein screw thread are formed on an outer peripheral surface of the rod (Fig. 9, out surface of 71), screw threads are formed on an inner peripheral surface of the connecting member (Fig. 9, inner surface of 70), and the rod is screw-coupled to the connecting member while being inserted into the connecting member (Fig, 9).
Re claim 3, Endo discloses wherein screw threads are formed in a predetermined region of the connecting member (Fog. 6).
Re claim 4, Endo discloses wherein the pressing member is provided as a spring (¶0089).
Re claim 6, Endo discloses a medical liquid infusion apparatus (Fig, 1-10) comprising: a reservoir assembly (60, 20, Fig. 5) in which a medical liquid is stored (¶0041); a needle assembly fluidly connected to the reservoir assembly to discharge the medical liquid (¶0045); and a driving unit (75, ¶0061, Fig. 6) connected to the reservoir assembly and configured to move the medical liquid from the reservoir to the needle assembly when driven (¶0061, Fig. 6), wherein the reservoir assembly comprises: a reservoir (20) that provides a space therein (in (¶0061, Fig. 6, inside 20, Fig. 6, ¶0041); a plunger (22) that is inserted into the reservoir and moves back and forth (¶0042) in one direction of the reservoir to form a storage space for a medical liquid (¶0041); a rod (71, Fig. 9) fixed to the plunger and extending in a direction away from space (Fig, 6); a connecting member screw-coupled (70) to the rod and movable in relation to the rod (¶0061, Fig. 6, Fig. 9); and a pressing member (150) disposed to generate a pushing force between the plunger and the connecting member when the plunger and the connecting member are adjacent to each other (¶0091-¶0092)..
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Endo in view of Kavazov et al. (US 20080264261 A1) (“Kavazov”)
Re claim 5, Endo fails to disclose wherein the pressing member surrounds a front end of the rod and extends toward the connecting member while a front end of the pressing member is fixed to the plunger.
However, Kavazov discloses a reservoir assembly (Fig, 8-9) and wherein the pressing member (272 Fig. 8, or 372 Fig. 9) surrounds a front end of the rod (230 Fig. 8, or 330 Fig. 9) and extends toward the connecting member while a front end of the pressing member is fixed to the plunger (220, Fig. 8 or 320 Fig. 9, ¶0108).
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 the location of the pressing member of Endo the pressing member surrounds a front end of the rod and extends toward the connecting member while a front end of the pressing member is fixed to the plunger as taught by Kavazov for the purpose of using a pushing spring that pushes the plunger and promote migration of air from the reservoir (Kavazov, ¶0109).
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).
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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.
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/HAMZA A DARB/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
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