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 Objections
Claim 14 is objected to because of the following informalities: The phrase “said stop” on line 16 should be amended to recite “said adjustable front stop” and the phrase “the front stop” on line 20 should be amended to recite “the adjustable front stop” in order to ensure consistency of claim language. All of the commas on lines 4-7, 17 and 20 should be removed in order to be grammatically correct. Appropriate correction is required.
Claims 16, 18, 20 and 21 are objected to because of the following informalities: The phrase “the side” in each of these claims lacks proper antecedent basis; accordingly, the term “the” in this phrase should be replaced with the term “a”. Appropriate correction is required.
Claim 23 is objected to because of the following informalities: The phrase “the direction of rotation” on lines 5-6 lacks proper antecedent; accordingly, the term “the” in this phrase should be replaced with the term “a”. The phrase “the desired stop element” on line 7 lacks proper antecedent basis; accordingly, this phrase should be amended to recite “[[the]] a desired one of the stop elements”. Appropriate correction is required.
Claim 28 is objected to because of the following informalities: The term “the” in the phrase “the pressure” on line 4 lacks proper antecedent basis; accordingly, the term “the” in this phrase should be removed or replaced with the term “a”. Appropriate correction is required.
Claim 29 is objected to because of the following informalities: The phrase “the syringe” lacks proper antecedent basis; accordingly, this phrase should be amended to recite “the syringe cylinder” to match the language of claim 14. Appropriate correction is required.
Claim 31 is objected to because of the following informalities: Each occurrence of the phrase “the pressure” on line 3 lacks proper antecedent basis; accordingly, the term “the” in each of these phrases should be removed or replaced with the term “a”. 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 14-31 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 14 recites “wherein the rear end portion of the plunger rod is fastened pivotably to the rear gripping part such that a relative pivoting movement between the plunger rod and the rear gripping part is the only possible relative movement between the plunger rod and the rear gripping part” on lines 24-27. It is unclear if this limitation is further defining the fastening described on lines 10-11 or if this limitation describes an additional fastening. For the sake of examination, the former is the interpretation applied to the claim. Accordingly, it is suggested to amend lines 24-27 to recite “wherein the fastening between the rear end portion of the plunger rod and the rear gripping part is such that a relative pivoting movement between the plunger rod and the rear gripping part is the only possible relative movement between the plunger rod and the rear gripping part”. Claims 15-31 are rejected due to their dependence on claim 14.
Claim 15 recites “wherein the rear end portion of the plunger is fastened pivotably to a portion of the rear gripping part that faces the front gripping part”. It is unclear if this limitation is defining the fastening described on lines 10-11 of claim 14 (that is, requiring the location of the fastening of claim 14) or if this limitation is describing an additional fastening. For the sake of examination, the former is the interpretation applied to the claim. Accordingly, it is suggested to amend claim 15 to recite “wherein the fastening between the rear end portion of the plunger and the rear gripping part is located at a portion of the rear gripping part that faces the front gripping part”. Claims 16-19 are rejected due to their dependence on claim 15.
Claim 23 recites that a desired “stop element can be positioned as the front stop”. Claim 14 appears to set forth that the “adjustable front stop” is a structure as it “can be brought into at least two predetermined setting positions”. However, claim 23 sets forth a “rotary element” that “comprises a stop element for each of the predetermined setting positions”. Therefore, it is unclear if the “stop elements” of claim 23 are “adjustable front stop” and/or if the “adjustable front stop” is a position instead of an actual structure. For the sake of examination, claim 23 is interpreted as reciting “wherein the metering device includes a rotary element which is mounted rotatably on the main body and comprises a stop element for each of the predetermined setting positions, wherein the stop elements define the adjustable front stop, wherein the stop elements are arranged spaced apart from one another in [[the]] a direction of rotation of the rotary element, and wherein, by rotation of the rotary element, [[the]] a desired one of the stop elements can be positioned as the front stop”1. Claims 24-26 are rejected due to their dependence on claim 23.
Claim 28 recites “the front dispensing end is in a second fluid connection with a front end of the syringe via a dispensing channel”. The phrase “the front end” and “the syringe” lacks proper antecedent basis since no “syringe” or its “front end” has been introduced earlier in the claim. Claim 14 introduces “a syringe cylinder” having “a front dispensing end”, but interpreting the “front end” and the “syringe” of claim 28 to be these structures would result in the claim reciting that the front dispensing of the syringe cylinder is in fluid communication with itself via a dispensing channel, which would not make sense. Additionally, the use the term “second” renders it unclear if claim 28 requires two fluid connections since no other fluid connection has been introduced earlier in the claim. The specification sets forth that the “dispensing channel 5 in which a first nonreturn valve 6 sits” forms the front dispensing end of the syringe cylinder 3 and it appears that the inclusion of the term “second” was a typographical error. Accordingly, claim 28 is interpreted “the front dispensing end comprises through the front dispensing end and opening only when the pressure in the syringe cylinder exceeds a predetermined value”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.
Claims 14-16, 18, 20, 21 and 27-29 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Kauzal (US Pat 2,074,401).
Re claim 14, Kauzal discloses a veterinary syringe (as seen in the only figure provided), comprising :a main body 11+13+26, comprising a syringe cylinder 11 having a front dispensing end (directed downward in the figure) and a rear end (directed upward in the figure) for receiving fluid to be dispensed (Col 1, Lines 23-31); a plunger rod 29, including a front end portion (directed downward in the figure) with a plunger 28, which is arranged displaceably along a displacement direction (the vertical direction in the figure) in the syringe cylinder (Col 2, Lines 12-15), and a rear end portion (directed upward in the figure), which is positioned outside the syringe cylinder (as seen in the figure); a handle 12+32, including a front gripping part 12 on the main body (as seen in the figure) and a rear gripping part 32, which is fastened pivotably to the front gripping part (via pin 36; Col 1, Lines 35-38); and a metering device 34 for setting the fluid volume to be dispensed (Col 2, Lines 3-7), wherein the rear end portion of the plunger rod is fastened pivotably to the rear gripping part (via pivot connection 31) such that, by pivoting of the rear gripping part in the direction of the main body, the plunger rod, and therefore the plunger, is moved in the syringe cylinder to the front dispensing end in order to dispense fluid present in the syringe cylinder (Col 2, Lines 12-15), wherein the metering device is arranged on the main body (since the metering device directly resides on the plunger rod and the plunger rod is received within the main body, the metering device is “arranged on” the main body as claimed; it is noted that the claim does not require the metering device to be directly located on the body) and provides an adjustable front stop (the front surface of 34, facing downward in the figure) for the plunger rod (Col 2, Lines 3-11), said stop defining a minimum distance between the plunger and the front dispensing end that can be reached when the plunger is moved in the syringe cylinder to the front dispensing end (Col 2, Lines 7-11), wherein the adjustable front stop of the metering device can be brought into at least two predetermined setting positions (Col 2, Lines 3-7 disclose that the metering device 34 can be moved anywhere along the threaded portion of the plunger rod), in which the position of the front stop in the displacement direction differs, and therefore, via the setting of one of the setting positions, the maximum stroke of the plunger rod, and therefore the maximum fluid volume which can be dispensed, can be set (Col 2, Lines 3-11), and wherein the fastening between the rear end portion of the plunger rod and the rear gripping part (via connection 31) is such that a relative pivoting movement between the plunger rod and the rear gripping part is the only possible relative movement between the plunger rod and the rear gripping part (due to the provision of the two pivot members 31 and 30).
Re claim 15, Kauzal discloses that the fastening between the rear end portion of the plunger rod and the rear gripping part is located at a portion of the rear gripping part that faces the front gripping part (as seen in the figure; it is noted that all components of the syringe are “fastened” to each other either directly or indirectly).
Re claim 16, Kauzal discloses that the side of the rear gripping part that faces away from the main body is configured as a continuous surface (as seen in the figure).
Re claim 18, Kauzal discloses that the side of the rear gripping part that faces away from the main body is configured as a continuous surface in a portion which lies opposite the rear end portion of the plunger rod (as seen in the figure).
Re claim 20, Kauzal discloses that the side of the rear gripping part that faces away from the main body is configured as a continuous surface (as seen in the figure).
Re claim 21, Kauzal discloses that the side of the rear gripping part that faces away from the main body is configured as a continuous surface in a portion which lies opposite the rear end portion of the plunger rod (as seen in the figure).
Re claim 27, Kauzal discloses that the plunger rod has a plunger rod stop (Col 1, Lines 42-43 disclose that the plunger rod is “screwed for a portion of its length”; the plunger rod stop is therefore the terminal end of the threaded portion) which, when the minimum distance is reached, is in contact with the front stop (since the metering device 34 is always directly on the plunger rod 29 and the threads are formed on the plunger rod 29, the plunger rod stop is always in contact with the front stop).
Re claim 28, Kauzal discloses that the front dispensing end comprises a dispensing channel 24 and a nonreturn valve 14 is arranged in the dispensing channel (as seen in the figure), the nonreturn valve blocking fluid connection through the front dispensing end and opening only when the pressure in the syringe cylinder exceeds a predetermined value (Col 1, Lines 21-24).
Re claim 29, Kauzal discloses that the syringe is configured as a self-filling syringe (Col 1, Lines 21-32.
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.
Claims 14-16, 18, 20, 21, 23-27 and 29-31 are rejected under 35 U.S.C. 103 unpatentable over Tasker (NZ 521084 A)3 in view of Phillips et al. (US Pat 4,033,346).
Re claim 14, Tasker discloses a veterinary syringe 1 (Fig 1,3; it is noted that all reference characters cited below refer to Fig 1,3 unless otherwise noted), comprising: a main body 9+14, comprising a syringe cylinder 4 having a front dispensing end (directed to the left in Fig 3) and a rear end (directed to the right in Fig 3) for receiving fluid to be dispensed (Page 8, Lines 24-30); a plunger rod 7, including a front end portion (directed to the left in Fig 3) with a plunger (seen in Fig 3 but not labeled, labeled in Fig A below), which is arranged displaceably along a displacement direction (the horizontal direction in Fig 3) in the syringe cylinder (Page 6, Lines 27-29), and a rear end portion (directed to the right in Fig 3), which is positioned outside the syringe cylinder (as seen in Fig 3); a handle 2 including a front gripping part 5 on the main body (as seen in Fig 3) and a rear gripping part 6, which is fastened pivotably to the front gripping part (via point 3; Page 6, Line 13-14); and a metering device 13’+15’ (Fig 8-11 and 17-18) for setting the fluid volume to be dispensed (Page 7, Line 31 – Page 8, Line 1 and Page 8, Lines 16-18; Page 8, Lines 10-11) wherein the rear end portion of the plunger rod is fastened pivotably to the rear gripping part (at region 64; Page 8, Line 31 – Page 9, Line 1) such that, by pivoting of the rear gripping part in the direction of the main body, the plunger rod, and therefore the plunger, is moved in the syringe cylinder to the front dispensing end in order to dispense fluid present in the syringe cylinder (Page 6, Lines 16-17), wherein the metering device is arranged on the main body (as seen in Fig 3) and provides an adjustable front stop for the plunger rod (Page 8, Lines 10-11), said stop defining a minimum distance between the plunger and the front dispensing end that can be reached when the plunger is moved in the syringe cylinder to the front dispensing end (Page 8, Lines 10-11), wherein the adjustable front stop of the metering device can be brought into at least two predetermined setting positions (Page 8, Lines 10-11), in which the position of the front stop in the displacement direction differs, and therefore, via the setting of one of the setting positions, the maximum stroke of the plunger rod, and therefore the maximum fluid volume which can be dispensed, can be set (Page 8, Lines 10-11). Tasker does not explicitly disclose that the fastening between the rear end portion of the plunger rod and the rear gripping part is such that a relative pivoting movement between the plunger rod and the rear gripping part is the only possible relative movement between the plunger rod and the rear gripping part.
Phillips, however, teaches a substantially similar syringe (Fig 1; it is noted that all reference characters cited below refer to Fig 1 unless otherwise noted) comprising a main body 24, a plunger rod 13 with a plunger 11, a handle 25+27 with a front gripping part 25 pivotably connected (via pin 28) to a rear gripping part 27, and a metering device 16, wherein a rear end portion (to the right in Fig 1) of the plunger rod is fastened pivotably (via trunnion 29) to the rear gripping part such that a relative pivoting movement between the plunger rod and the rear gripping part is the only possible relative movement between the plunger rod and the rear gripping part (inherently due to the front gripping part being molded to the main body, the employment of trunnion 29 and pin 28, and the plunger being sealed within to the main body via an O-ring; Col 3, Lines 17-26). Phillips teaches that by providing this arrangement of the handle, plunger rod and plunger, a conventional construction is provided that ensures sealed fluid transfer and advancement and retraction of the delivery member (Col 3, Lines 23-32). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Tasker to include region 64 with a trunnion and to include the plunger with an O-ring to result in a relative pivoting movement being the only possible relative movement between the plunger rod and the rear gripping part, as taught by Phillips, for the purpose of providing a conventional construction that ensures sealed fluid transfer and advancement and retraction of the delivery member (Col 3, Lines 23-32).
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Re claim 15, Tasker as modified by Phillips in the rejection of claim 14 above discloses all the claimed features with Phillips teaching that the fastening between the rear end portion of the plunger rod and the rear gripping part is located at a portion of the rear gripping part that faces the front gripping part (as seen in Fig 1; it is noted that all components of the syringe are “fastened” to each other either directly or indirectly).
Re claim 16, Tasker discloses that the side of the rear gripping part that faces away from the main body (facing to the right in Fig 1) is configured as a continuous surface (as seen in Fig 1).
Re claim 18, Tasker discloses that the side of the rear gripping part that faces away from the main body (facing to the right in Fig 1) is configured as a continuous surface in a portion which lies opposite the rear end portion of the plunger rod (as seen in Fig 1).
Re claim 20, Tasker discloses that the side of the rear gripping part that faces away from the main body (facing to the right in Fig 1) is configured as a continuous surface (as seen in Fig 1).
Re claim 21, Tasker discloses that the side of the rear gripping part that faces away from the main body (facing to the right in Fig 1is configured as a continuous surface in a portion which lies opposite the rear end portion of the plunger rod (as seen in Fig 1).
Re claim 23, Tasker discloses that the metering device includes a rotary element 13’+15’ (Fig 8-11 and 17-18) which is mounted rotatably on the main body and comprises a stop element 26 for each of the predetermined setting positions (Page 8, Lines 10-11), wherein the stop elements define the adjustable front stop (Page 8, Lines 10-11), wherein the stop elements are arranged spaced apart from one another in a direction of rotation of the rotary element (as seen in Fig 9,11; Page 8, Lines 11-14), and wherein, by rotation of the rotary element, a desired one of the stop elements can be positioned as the front stop Page 7, Line 31 – Page 8, Line 6; Page 8, Lines 16-18).
Re claim 24, Tasker discloses that the stop elements are arranged on a helical main path which surrounds a channel through which the plunger rod extends (as seen in Fig 9,11).
Re claim 25, Tasker discloses that the rotary element includes a cylindrical latching portion 15’ (Fig 17) with grooves 58’ (Fig 17), wherein each groove is assigned to one of the stop elements (Page 10, Lines 20-21), and wherein the main body has an engagement element 59 (Fig 2) which, in the predetermined setting positions, is in engagement with one of the grooves (Page 11, Lines 22-26).
Re claim 26, Tasker discloses that the rotary element has a cylindrical latching portion 15’ (Fig 17) with grooves 58’ (Fig 17),wherein each groove is assigned to one of the stop elements (Page 10, Lines 20-21), and wherein the main body has an engagement element 59 (Fig 2) which, in the predetermined setting positions, is in engagement with one of the grooves (Page 11, Lines 22-26).
Re claim 27, Tasker discloses that the plunger rod has a plunger rod stop 32 (Fig 12,14) which, when the minimum distance is reached, is in contact with the front stop (Page 9, Lines 4-7).
Re claim 29, Tasker discloses that the syringe is configured as a self-filling syringe (Page 8, Lines 24-30).
Re claim 30, Tasker discloses that a connection 8 for connecting a fluid reservoir to the rear gripping part is provided on the rear gripping part (as seen in Fig 3; Page 8, Lines 24-26), and wherein there is a first fluid connection from the connection through a feed channel (seen in Fig 3 but not labeled; labeled in Fig A above) in the plunger rod as far as the syringe cylinder (Page 8, Lines 27-30).
Re claim 31, Tasker discloses that the front end portion of the plunger rod has a nonreturn valve 12 which blocks the first fluid connection and opens only when the pressure in the feed channel lies above the pressure in the syringe cylinder by a predetermined value (Page 6, Lines 29-31; Page 8, Lines 27-31).
Claim 28 is rejected under 35 U.S.C. 103 as unpatentable over Tasker (NZ 521084 A)/Phillips et al. (US Pat 4,033,346) in view of Schulz (US Pat 6,024,728).
Re claim 28, Tasker discloses that the front dispensing end comprises a dispensing channel (labeled in Fig A above) and appears to show a structure in that channel, but does not disclose what that structure is; accordingly, Tasker/Phillips does not explicitly disclose a nonreturn valve arranged in the dispensing channel that blocks fluid connection through the front dispensing end and opens only when the pressure in the syringe cylinder exceeds a predetermined value. Schulz, however, teaches a substantially similar syringe (Fig 1; it is noted that all reference characters cited below refer to Fig 1 unless otherwise noted) comprising a main body 8+9, a plunger rod 6, and a handle 1+3 including a front gripping part 1 pivotably connected to a rear gripping part 3; wherein, like Tasker, the plunger rod possesses a connection (at its proximal end 16) for a fluid reservoir (Col 4, Lines 39-42) at its rear end (to the right in Fig 1), a feed channel within the plunger rod (as seen in Fig 1), and a nonreturn valve 17 at its front end (to the left in Fig 1) which blocks the flow through the feed channel and only opens when pressure in the feed channel is above pressure in the main body by a predetermined value (Col 4, Lines 42-44). Additionally, Schulz teaches the front end of the main body including a dispensing channel 13 in which a nonreturn valve 12 is arranged and which blocks fluid connection through the front dispensing end and only opens when the pressure in the main body exceeds a predetermined value (Col 4, Lines 25-37) for the purpose of providing an automatic refilling means (Col 4, Lines 36-40). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Tasker to include a nonreturn valve arranged in the dispensing channel (along with the non-return valve that already exists in the plunger rod), as taught by Schutlz, for the purpose of providing an automatic refilling means (Col 4, Lines 36-40).
Allowable Subject Matter
Claims 17, 19 and 22 would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims and to overcome the 35 U.S.C. 112(b) rejections of claims 14 and 15 set forth in this Office action4.
The following is a statement of reasons for the indication of allowable subject matter: The subject matter of dependent claims 17, 19 and 22 could not be found nor was suggested in the prior art of record. Claims 17, 19 and 22 each require the plunger rod of claim 14 to be provided with such elasticity that a movement component transversely with respect to the displacement direction occurring at a rear end portion of the plunger rod when the rear gripping part is pivoted towards the front gripping part is compensated for by bending of the plunger rod. However, a plunger rod that has elasticity to bend in the manner claimed could not be found nor was suggested in the prior art of record.
Kauzal, as set forth above, discloses that the plunger rod is configured to compensate for a movement component transversely with respect to the displacement direction occurring at the rear end of the plunger rod when the rear gripping part is pivoted towards the front gripping part, but this is due to a pivotably connection between the plunger rod and the plunger (via pivot 30; Col 1, Line 31-34; Col 3, Lines 45-51), not due to the plunger rod being elastic and bending as claimed. Additionally, US Pat 5,139,488 to Klein teaches a syringe (Fig 1,2) substantially similar to that of Klein, also comprising a syringe cylinder 60, a plunger rod 82, and a handle 12 comprising a front gripping part 18 pivotably fastened to a rear gripping part 20 (via pivot 22) which is pivotably fastened to the plunger rod (via 86), wherein the plunger rod is configured to compensate for a movement component transversely with respect to the displacement direction occurring at the rear end of the plunger rod when the rear gripping part is pivoted towards the front gripping part (Col 3, Lines 45-51); like Kauzal, Klein’s compensation is provided by a linked connection between the plunger rod and the plunger (via pin 84, Fig 3), not due to the plunger rod being elastic and bending as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pat 5,037,399 to Reichert et al. and US Pat 5,961,494 to Hogan also disclose syringes that include a syringe cylinder, a plunger rod, a handle with a front gripping part and a rear gripping part that are pivotably connected together with the rear gripping part also being pivotably connected to the plunger rod.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMI A BOSWORTH whose telephone number is (571)270-5414. The examiner can normally be reached Monday - Thursday 8 am - 4 pm.
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/KAMI A BOSWORTH/Primary Examiner, Art Unit 3783
1 This suggested amendment also address the language objected to above.
2 This suggested amendment also address the language objected to above.
3 A copy of this reference was provided by the Applicant on 6/17/2024.
4 Note that claims 17 and 19 depend on both claims 14 and 15 while claim 22 depends only on claim 14.
Prosecution Insights