Detailed Action
This is the final office action for US application number 18/680,669. Claims are evaluated as filed on February 6, 2026.
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 Arguments
Applicant's arguments filed February 6, 2026 have been fully considered but they are not persuasive. The rejections in this office action have been amended to address the amended claims. Examiner asserts that Greter, Long, Jonsson, Sasaki, Greter’930, and Vogt teach all the newly-amended limitations and are capable of performing the functions as claimed. Examiner directs Applicant to the rejection below for a more in-depth description of the limitations.
With regards to Applicant’s claim amendments, Examiner notes that per MPEP 714(C)(B) amendments to the claims “…must be shown by strike-through (for deleted matter) or underlining (for added matter) with 2 exceptions: (1) for deletion of five or fewer consecutive characters, double brackets may be used (e.g., [[eroor]]); (2) if strike-through cannot be easily perceived (e.g., deletion of number "4" or certain punctuation marks), double brackets must be used (e.g., [[4]]). As an alternative to using double brackets, however, extra portions of text may be included before and after text being deleted, all in strike-through, followed by including and underlining the extra text with the desired change (e.g., number 4 as number 14 as ). …”. That is, deletion of five or less consecutive characters should be indicated using double brackets. Examples of appropriate markups are provided below and on pages 3, 5, and 6 of the non-final office action dated November 6, 2026. Examiner requests that future claim amendments comply with MPEP 714.
With regards to Applicant’s argument that Greter teaches the opposite of precise control and is designed for immediate partial flow upon breaking the ampule as explicitly stated in paragraph 38 and subsequent negative pressure application of paragraph 39 is only to transfer the remaining liquid and thus is not arranged to retain the liquid and dispense only with application of pressure but is instead arranged to allow immediate flow (Remarks p. 7), Examiner notes that this argument is either unclear or ignores the basic physics of fluid flow and pressure. Examiner has attached copies of NPL from LibreTextPhysics and DwyerOmega that comprise illustrations that demonstrate how fluid flows to achieve a level with equal pressures. A few common examples can be found in a classic toilet, p-trap, or even a cup of water with a small hole in the bottom. To expand upon the cup of water example, a cup will hold/retain water unless there is a hole larger than a molecule of water below the water level that opens into a region of less pressure with a pressure differential sufficient to overcome the friction that exists between the water/liquid molecules. That flow will stop when there is no longer a sufficient pressure difference. This same function is exemplified by Applicant’s device and Greter using different structural features that have not been claimed. Thus, it is unclear how one can reasonably assert that two devices that perform the same function can be asserted to have one that reads on the claim limitation and one that does not read on the claim limitation. That is, Applicant’s device comprises a channel with relatively small height difference and a small opening (Applicant’s Fig. 3) where Greter comprises a relatively larger height difference with a small opening (Greter Fig. 1); the structural differences of which have not been claimed. As Applicant has appropriately cited in Greter paragraph 38, the liquid flows by means of a different height of the columns such that when the ampule is opened, the gas expands and exerts pressure on the liquid which flows into the channel. Subsequently, Greter paragraph 39 discloses that the negative pressure device can be activated so that chamber 3 has a higher pressure than chamber 1 so that the pressure equalizes and the liquid flows into chamber 1. Thus, the channel of Greter is clearly capable of retaining the liquid in the collection region when the ampule has just been broken as such is explicitly shown in Fig. 2 and the channel of Greter is clearly capable of dispensing the liquid to the second interior only when a pressure difference is applied between the collection region and the second interior as such is shown in Figs. 1 and 2 and described in ¶s 38 and 39 as explained above.
With regards to Applicant’s argument that all cited references fail to teach the concept of retaining the liquid via a meniscus and only releasing with pressure (Remarks p. 7), Examiner notes that the claimed invention is silent to the concept of the liquid forming a meniscus or any mention of the molecular forces or friction within the liquid and does not even positively recite a liquid or the characteristics of such a liquid relative to characteristics of the structural environment that the liquid is within that would dictate the ability of such to release with pressure. Thus, this argument is moot.
With regards to Applicant’s argument that Jonsson fails to teach that the channel retains the liquid in the collection region and dispenses the liquid only when a pressure difference is applied as col. 4 lines 37-39 provide that the contents of the ampule are sucked through the opening by the partial vacuum and thus such does not retain the liquid and only dispense upon application of a pressure difference (Remarks p. 8), Examiner notes that, as described above, fluid/liquid will only flow when there is a pressure difference applied as a result of the structure environment that the fluid/liquid is within. Thus, as shown in Fig. 2, the channel of Jonsson is clearly capable of retaining the liquid in the collection region when the ampule has just been broken as such is explicitly shown in Fig. 2 and the channel of Jonsson is clearly capable of dispensing the liquid to the second interior only when a pressure difference is applied between the collection region and the second interior as such is shown in Fig. 2 and described in col. 4 lines 37-39 as explained by Applicant, i.e. the suction exerted by the partial vacuum constitutes the application of pressure.
In order to advance prosecution, Examiner suggests claiming the structural features of the channel that Applicant considers to differentiate the resultant fluid retention and flow from the prior art as it appears that Applicant intends for characteristics of the unclaimed resultant fluid flow to distinguish over the prior art without claiming the fluid/liquid.
Priority
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
Claim Objections
Claim(s) 15 is/are objected to because of the following informalities:
Claim 15 line 2 should read “in order to break open a glass ampule [[tha]] by bending the first housing”.
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.
Claim(s) 10-13 is/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 pre-AIA the applicant regards as the invention.
Claim(s) 10 is/are unclear with regards to the unusual comma usage. Examiner is interpreting this as, and suggests amending as, “the breaking element comprises a plunger arranged movably in the first housing[[,]] and a projection, wherein the plunger is designed and configured to break open the glass ampule by applying pressure to push the glass ampule against the projection and thereby pump the liquid from the glass ampule through the channel, out of the first housing, and into the second housing.”
Claim(s) 11-13 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for its/their dependence on one or more rejected base claims.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greter et al. (US 2011/0273954, hereinafter “Greter”).
As to claim 1, Greter discloses a device (Figs. 1-4 and “negative pressure device”/“vacuum device” of ¶11) capable of producing a bone cement (¶s 1, 9, and 10), the device comprising: - an ampule breaker (3, Fig. 1) having a first housing (3, Fig. 1), wherein the first housing comprises a first interior (interior of 3 as shown in Fig. 1, Fig. 1); - a holder (9 and “Holder” as labeled on the illustration of the lower portion of Fig. 1, i.e. protrusions shown around ampule neck in Fig. 1, Fig. 1, ¶33) arranged in the first housing (Fig. 1) capable of receiving a glass ampule (4, Fig. 1, ¶33); - a breaking element (16, Figs. 1-4, ¶s 37 and 46) which is arranged in the first housing (Fig. 1) and is designed and capable of breaking open a glass ampule (4, Figs. 1-4, ¶s 37 and 46) which can be received in the holder (Fig. 1); - a collection region (see illustration of the lower portion of Fig. 1, Fig. 1) which is arranged in the first housing (Fig. 1) and is designed and capable of receiving a liquid from a broken-open glass ampule (4, Fig. 2); - a cartridge (1, Figs. 1-4) capable of receiving a powder component of a bone cement (2, Figs. 1 and 2, ¶s 9 and 30), wherein the cartridge comprises a second housing (1, Fig. 1) having a second interior (interior of 1 as shown in Fig. 1, Fig. 1); and, - a fluid-conducting channel (8) capable of dispensing a liquid from the collection region into the second interior (Fig. 2, ¶s 38-40), wherein the fluid-conducting channel is arranged and capable of retaining the liquid in the collection region (Fig. 2, ¶s 38-40) and dispensing the liquid to the second interior only when a pressure difference is applied between the collection region and the second interior (Figs. 1 and 2, ¶s 38 and 39).
As to claim 2, Greter discloses a catchment region (see illustration of the lower portion of Fig. 1, Fig. 1) which is arranged in the first housing (Fig. 1) and is capable of receiving a portion of a glass ampule (4, Figs. 2-4) that is broken off by the action of the breaking element (Figs. 2-4, ¶s 37 and 46).
As to claim 3, Greter discloses a screen (see illustration of the lower portion of Fig. 1, Fig. 1, ¶s 9 and 31) which is arranged adjacent to the catchment region (Fig. 1, ¶31) and is capable of retaining fragments from a glass ampule (4, Figs. 2-4) broken open in the device in the ampule breaker (Figs. 2-4, ¶31).
As to claim 4, Greter discloses that the fluid-conducting channel is arranged at an angle α of 60° to 90° to the second housing (Fig. 1).
As to claim 6, Greter discloses that a glass ampule (4) is fastened or fixable in a force-fitting, form-fitting or integrally bonded manner in the holder (Fig. 1).
As to claim 8, Greter discloses that the cartridge further contains a powder component (¶9) capable of preparing a bone cement (¶9), wherein the powder component is arranged in the second interior of the second housing (Fig. 1, ¶s 9 and 30).
PNG
media_image1.png
622
1034
media_image1.png
Greyscale
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 of this title, 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 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greter.
As to claim 5, Greter discloses the invention of claim 1 as well as that the fluid-conducting channel has an inner diameter (Fig. 1).
Greter is silent to the dimension of the inner diameter, i.e. the inner diameter being less than 5 mm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the inner diameter of the fluid-conducting channel of Greter to have be less than 3 mm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In the instant case, the device of Greter would not operate differently with the claimed the inner diameter of the fluid-conducting channel as less than 3 mm and, as the disclosed channel is shown to be a small diameter channel for flow of a liquid bone cement component, such would function appropriately with the claimed values. Further, Greter specifically discloses that the channel functions to receive some of the liquid component prior to activation of a negative pressure device (Greter ¶38) and to deliver the rest of the liquid component upon activation of the negative pressure device (Greter ¶39).
As to claim 7, Greter discloses the invention of claim 6 as well as that the glass ampule comprises an ampule neck (Fig. 1) having an annular predetermined breaking point (Fig. 1) having an inner diameter (Fig. 1).
Greter is silent to the dimension of the inner diameter, i.e. the inner diameter of the predetermined breaking point is 4 to 7 mm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the inner diameter of the predetermined breaking point of the ampule neck of Greter to have be 4 to 7 mm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In the instant case, the device of Greter would not operate differently with the claimed inner diameter of the predetermined breaking point of the ampule neck of 4 to 7 mm and, as disclosed the ampule is shown to have a neck of smaller diameter that breaks when the breaking element is activated, such would function appropriately with the claimed values. Further, Greter specifically discloses that the predetermined breaking point functions by being severed by activation of the breaking element (¶37) and permitting some of the liquid to flow out of the ampule prior to prior to activation of a negative pressure device (¶38).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greter in view of Long (US 2002/0003146).
As to claim 9, Greter discloses the invention of claim 1.
Greter is silent to the ampule breaker is designed and configured for simultaneously breaking open and dispensing liquid from two glass ampules to the cartridge.
Long teaches a similar device (Fig. 1-14) capable of producing a bone cement (abstract), the device comprising: - an ampule breaker (3s) having a first housing (3s, Figs. 1-2), wherein the first housing comprises a first interior (Figs. 1-2); - a holder (portion defining aperture 10 as shown in Figs. 1 and 2, Figs. 1 and 2) arranged in the first housing (Figs. 1 and 2) capable of receiving a glass ampule (4s); - a breaking element (16, 17) designed and capable of breaking open a glass ampule which can be received in the holder (Fig. 1, ¶26); - a collection region (opening within 18 as shown in Fig. 1, Fig. 1) designed and capable of receiving a liquid (¶25) from a broken-open glass ampule (4, Fig. 1, ¶27); wherein the ampule breaker is designed and capable of simultaneously breaking open and dispensing liquid from two glass ampules to the cartridge (¶26).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the single ampule breaker and corresponding breaking element as disclosed by Greter to comprise chambers, ampules and corresponding breaking element structures for three ampules as taught by Long in order to provide a known alternative number of ampules (Long ¶24, Greter ¶46).
Claim(s) 1, 10, 11, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jonsson et al. (US 7,073,936, hereinafter “Jonsson”) in view of Greter.
As to claim 1, Jonsson discloses a device (Figs. 1-3) capable of producing a bone cement (abstract), the device comprising: - an ampule breaker (9, Figs. 1-3) having a first housing (9, Figs. 2 and 3), wherein the first housing comprises a first interior (9e, Fig. 1); - a breaking element (13, 18, Figs. 1-3, ¶s 37 and 46) which is arranged in the first housing (Figs. 1-3) and is designed and capable of breaking open a glass ampule (11, Figs. 1-3, col. 4 lines 34-36); - a collection region (below 14 in 9 as shown in Fig. 1, Fig. 1) which is arranged in the first housing (Fig. 1) and is designed and capable of receiving a liquid from a broken-open glass ampule (11, A, Fig. 2, col. 4 lines 34-39); - a cartridge (2, 10, Figs. 1-3) capable of receiving a powder component of a bone cement (B, Figs. 1-3, col. 5 lines 2-3 and 23-30), wherein the cartridge comprises a second housing (10, Fig. 1) having a second interior (interior of 10 as shown in Fig. 1, Fig. 1); and, - a fluid-conducting channel (9c) capable of dispensing a liquid from the collection region into the second interior (Fig. 2, col. 4 lines 34-39), wherein the fluid-conducting channel is arranged and capable of retaining the liquid in the collection region (Fig. 2, col. 4 lines 34-39) and dispensing the liquid to the second interior only when a pressure difference is applied between the collection region and the second interior (Fig. 2, col. 4 lines 34-39). As to claim 10, Jonsson discloses that the breaking element comprises a plunger (18) arranged movably in the first housing (Figs. 1-3, col. 4 lines 18-21) and a projection (13), wherein the plunger is designed and capable of breaking open the glass ampule by applying pressure to push the glass ampule against the projection (col. 4 lines 34-39) and thereby pump the liquid from the glass ampule through the channel, out of the first housing, and into the second housing (Fig. 2, col. 4 lines 34-39). As to claim 11, Jonsson discloses that the ampule breaker further comprises a valve (18d) which is capable of allowing air to flow into the first housing from the outside (col. 4 lines 55-59) in order to pump the liquid from the broken glass ampule through the channel and into the second housing by pressure of the plunger (Figs. 1-2, col. 4 lines 18-40). As to claim 13, Jonsson discloses that the ampule breaker is designed and capable of pumping all of the liquid from the glass ampule through the channel and into the second housing with a single stroke of the plunger (due to the vacuum, Figs. 1-3, col. 4 lines 32-39).
Jonsson is silent to a holder arranged in the first housing configured for receiving a glass ampule.
Greter teaches a similar device (Figs. 1-4 and “negative pressure device”/“vacuum device” of ¶11) capable of producing a bone cement (¶s 1, 9, and 10), the device comprising: - an ampule breaker (3, Fig. 1) having a first housing (3, Fig. 1), wherein the first housing comprises a first interior (interior of 3 as shown in Fig. 1, Fig. 1); - a holder (9 and “Holder” as labeled on the illustration of the lower portion of Fig. 1, i.e. protrusions shown around ampule neck in Fig. 1, Fig. 1, ¶33) arranged in the first housing (Fig. 1) capable of receiving a glass ampule (4, Fig. 1, ¶33); - a breaking element (16, Figs. 1-4, ¶s 37 and 46) which is arranged in the first housing (Fig. 1) and is designed and capable of breaking open a glass ampule (4, Figs. 1-4, ¶s 37 and 46) which can be received in the holder (Fig. 1); - a collection region (see illustration of the lower portion of Fig. 1, Fig. 1) which is arranged in the first housing (Fig. 1) and is designed and capable of receiving a liquid from a broken-open glass ampule (4, Fig. 2); - a cartridge (1, Figs. 1-4) capable of receiving a powder component of a bone cement (2, Figs. 1 and 2, ¶s 9 and 30), wherein the cartridge comprises a second housing (1, Fig. 1) having a second interior (interior of 1 as shown in Fig. 1, Fig. 1); and, - a fluid-conducting channel (8) capable of dispensing a liquid from the collection region into the second interior (Fig. 2, ¶s 38-40), wherein the fluid-conducting channel is arranged and capable of retaining the liquid in the collection region (Fig. 2, ¶s 38-40) and dispensing the liquid to the second interior only when a pressure difference is applied between the collection region and the second interior (Figs. 1 and 2, ¶s 38 and 39).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the device as disclosed by Jonsson with by adding a holder as taught by Greter in order to hold and store the ampule within the first housing (Greter ¶33) and act as a seal between the ampule and the first chamber (Greter ¶34).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jonsson and Greter in view of Sasaki (US 2019/0038330).
As to claim 12, the combination of Jonsson and Greter discloses the invention of claim 11 as well as the valve is a one-way valve (col. 4 lines 57-59 discloses sealing and preventing gases from escaping).
The combination of Jonsson and Greter is silent to the valve comprising a ball valve.
Sasaki teaches a similar device (Figs. 1-16) capable of producing a bone cement (¶1), the device comprising: - a first housing (60), wherein the first housing comprises a first interior (72, i.e. shown holding liquid in Fig. 2, Figs. 2 and 9, ¶41); - a collection region (lower portion of 72 as shown in Fig. 2, Fig. 2) which is arranged in the first housing (Fig. 9) and is designed and capable of receiving a liquid (Fig. 2, ¶s 52 and 53); - a cartridge (12, Fig. 1) capable of receiving a powder component of a bone cement (¶s 52 and 53), wherein the cartridge comprises a second housing (12, Figs. 2 and 9) having a second interior (32); the first housing comprises a plunger (96, Figs. 1, 2, and 9) arranged movably in the first housing (Figs. 1, 2, and 9, ¶s 47 and 50), wherein the plunger is designed and capable of applying pressure to pump the liquid out of the first housing (Figs. 1-5, 9, 10, and 13-16, ¶s 54-57); wherein the plunger is further comprises a valve (112, Figs. 9, 10, and 13-16, ¶s 54-57) which is capable of allowing air to flow into the first housing from the outside (Figs. 9 and 15, ¶50) in order to pump the liquid by pressure of the plunger (Figs. 1-5, 9, 10, and 13-16, ¶s 54-57), wherein the valve is a one-way valve comprising a ball valve (Figs. 13-16, ¶s 49 and 50).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the valve as disclosed by the combination of Jonsson and Greter to be a ball valve as taught by Sasaki in order to selectively allow air flow (Sasaki ¶49) to permit air to be sucked in while sealing and preventing the gases from the liquid bone cement component from escaping into the atmosphere (Jonsson col. 4 lines 55-59).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greter in view of Greter (US 9,131,930, hereinafter “Greter’930”).
As to claim 14, Greter discloses the invention of claim 1 but is silent to the breaking element comprises a button which can be pushed into the first housing from the outside in order to break open a glass ampule, wherein the button is configured to automatically return to its original position after the button has been pushed in.
Greter’930 teaches a similar device (Figs. 26-33) comprising: - an ampule breaker (810) having a first housing (811), wherein the first housing comprises a first interior (812, Figs. 26 and 28); - a breaking element (820, 821, Figs. 26, 28, and 29) which is arranged in the first housing (when actuated, col. 13 lines 47-49) and is designed and capable of breaking open a glass ampule (700, col. 13 lines 47-49); - a collection region (portion of 810 shown just below 710 in Fig. 28, Fig. 28) which is arranged in the first housing (as defined, Fig. 28) and is designed and capable of receiving a liquid from a broken-open glass ampule (700, col. 13 lines 56-58); wherein the breaking element comprises a button (820) which can be pushed into the first housing from the outside (when actuated, col. 13 lines 47-49) in order to break open a glass ampule (when actuated, col. 13 lines 47-49), wherein the button is capable of automatically returning to its original position after the button has been pushed in (col. 6 lines 37-41).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to replace the breaking element as disclosed by Greter the breaking element as taught by Greter’930 in order to predictably open the ampule (Greter’930 col. 13 lines 46-49) and effect a latching connection (Greter’930 col. 6 lines 37-41), i.e. in order to provide different opening mechanisms for opening an ampule (Greter ¶46).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greter in view of Vogt et al. (US 2012/0006874, hereinafter “Vogt”).
As to claim 15, Greter discloses the invention of claim 1 but is silent to the first housing of the ampule breaker is at least partially flexible in order to break open a glass ampule by bending the first housing.
Vogt teaches a similar device (Figs.1-4) comprising: - an ampule breaker (Figs. 1-3) having a first housing (17), wherein the first housing comprises a first interior (interior of 17 as shown in Figs. 1-3, Figs. 1-3); - a breaking element (19, Figs. 1-3) which is arranged in the first housing (Figs. 1-3) and is designed and capable of breaking open a glass ampule (700, col. 13 lines 47-49); - a collection region (13, Figs. 1-3) which is arranged in the first housing (as defined, Figs. 1-3) and is designed and capable of receiving a liquid from a broken-open glass ampule (Figs. 1-3); wherein the first housing of the ampule breaker is at least partially flexible (Figs. 1-3, ¶51) in order to break open a glass ampule by bending the first housing (Figs. 1-3, ¶48).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to replace the breaking element as disclosed by Greter the breaking element as taught by Vogt in order to predictably open the ampule (Vogt ¶48), i.e. in order to provide different opening mechanisms for opening an ampule (Greter ¶46).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY SIPP whose telephone number is (313)446-6553. The examiner can normally be reached on Monday through Thursday, 6:30am-4pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached on 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMY R SIPP/Primary Examiner, Art Unit 3775