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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) and/or PCT Article 7, Paragraph (1). The drawings must show every feature of the invention specified in the claims, when they are necessary for the understanding of the invention. Therefore, the following must be shown or the feature(s) canceled from the claim(s).
a connection for connecting to a fluid reservoir; the instant application drawings shown many structures which may be broadly interpreted as the connection; simply labeling the connection in the drawings should overcome this objection
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 12-13 & 15-20 are objected to because of the following informalities.
Claim 12 should read --The veterinary syringe according to Claim 11,
wherein the safety mechanism has a securing recess as a first securing element and a securing lug as a second securing element,
wherein, for securing purposes, the securing lug is admitted into the securing recess and thereby prevents the plunger from being detached from the front end portion, and
wherein one of the first securing element or the second securing element first securing element or the second securing element
Claim 13 should read --The veterinary syringe according to Claim 12,
wherein the plunger has a plunger portion with a plunger surface and a hollow-cylindrical fastening portion, and
wherein the first securing element is formed on a wall of the hollow-cylindrical fastening portion.—
Claim 15 should read --The veterinary syringe according to Claim 14, wherein the internal thread has at least one thread-free region which extends in a longitudinal direction of the hollow-cylindrical fastening portion.—
Claim 16 should read --The veterinary syringe according to Claim 15, wherein thread-free regions of the at least one thread-free region which lie opposite each other.—
Claim 17 should read --The veterinary syringe according to Claim 16, wherein the at least one thread-free region is arranged offset in a circumferential direction relative to the first securing element.—
Claim 18 should read --The veterinary syringe according to Claim 15, wherein the at least one thread-free region is arranged offset in a circumferential direction relative to the first securing element.--
Claim 19 should read --The veterinary syringe according to Claim 14, wherein the external thread has at least one thread-free region which extends in a longitudinal direction of the plunger rod.—
Claim 20 should read --The veterinary syringe according to Claim 19, wherein the at least one thread-free region is arranged offset in a circumferential direction relative to the second securing element.--
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are as follows.
“actuable safety mechanism” in Claim 11, where the generic placeholder is “mechanism”, the functional language is “actuable safety” or “prevents an unintentional detaching of the plunger by detaching of the plunger from the front end portion being possible only after the safety mechanism is actuated”, and sufficient modifying structure is not provided; instant application Page 2, Lines 11-12, describe the actuable safety mechanism as having “a securing recess as first securing element and a securing lug as second securing element”, providing sufficient modifying structure
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 11-21 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.
The claim(s) are replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. An attempt to point out as much of the indefinite language as possible was attempted and shown below. However, due to the extensive amount of indefinite language, some of the indefinite language may have been missed. Applicant is advised to carefully review the claim language and amend any indefinite language to present a complete operative device.
As to Claim 11, the preamble should read –A veterinary
The limitation “a main body, comprising a syringe cylinder, having a front dispensing end and a rear end, for receiving fluid to be dispensed”, in Lines 2-3, is indefinite in light of the specification, and is grammatically confusing.
The limitation reads as though the front dispensing end and the rear end are part of the main body, not the syringe cylinder. However, instant application Figure 1 shows the syringe cylinder 3 has the front dispensing end 4 and the rear end 11. As such, it is not clear if the limitation is claiming the main body or the syringe cylinder has the front dispensing end and the rear end. For the purpose of examination, the limitation will be interpreted as the syringe cylinder has the front dispensing end and the rear end.
Similarly, it is not clear if the main body or the syringe cylinder is “for receiving fluid to be dispensed”. For the purpose of examination, the syringe body will be interpreted as the structure “for receiving fluid to be dispensed”.
The limitation “a plunger rod, including a front end portion with a plunger , which is arranged displaceably along a displacement direction in the syringe cylinder”, in Lines 4-5, is indefinite. It is not clear if the plunger rod or the plunger is “arranged displaceably along a displacement direction in the syringe cylinder”. For the purpose of examination, the plunger will be interpreted as the structure “arranged displaceably along a displacement direction in the syringe cylinder”.
The limitation “there is a fluid connection from the connection through a feed channel in the plunger rod as far as the syringe cylinder”, in Lines 7-8, is indefinite. It is not clear how to interpret the phrase “as far as” with respect to the rest of the limitation. For the purpose of examination, the limitation will be interpreted as there is a fluid connection from the connection through a feed channel in the plunger rod to the syringe cylinder.
The phrases “the pressure in the feed channel”, in Line 10, and “the pressure in the syringe cylinder”, in Lines 10-11, lack antecedent basis.
The limitation “the plunger is connected releasably to the front end portion and the nonreturn valve is accessible for maintenance purposes after the plunger is detached from the end portion”, in Lines 12-14, is indefinite. It is not clear if the claimed invention includes the plunger attached to the front end portion or if the claimed invention includes the plunger detached from the end portion. For the purpose of examination, the limitation will be interpreted as the plunger is connected releasably to the front end portion, and the nonreturn valve is accessible for maintenance purposes if the plunger is detached from the end portion.
The limitation “an actuable safety mechanism is formed, which prevents an unintentional detaching of the plunger by detaching of the plunger from the front end portion being possible only after the safety mechanism is actuated”, in Lines 15-17, is indefinite.
The phrase “an actuable safety mechanism is formed”, in Line 15, is incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: the structure which the actuable safety mechanism is part of. For the purpose of examination, the actuable safety mechanism will be interpreted as formed on the plunger and plunger rod.
The phrase “which prevents an unintentional detaching of the plunger by detaching of the plunger from the front end portion being possible only after the safety mechanism is actuated” is grammatically confusing. Additionally, it is not clear how the safety mechanism is actuated or what constitutes actuation of the safety mechanism. One of ordinary skill in the art would conclude actuation of the mechanism occurs when the lug engages the recess, since the intent of the mechanism is to prevent rotation or detachment. However, the limitation is written as though actuation occurs when the lug is disengaged from the recess. If this is the case, it is not clear how the structure may be “actuated” when there is no connection between the two structures which define the mechanism.
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 11-21 are rejected under 35 U.S.C. 103 as being unpatentable over Main (U.S. Patent 6,554,161), in view of Hideki (JP2005080957A – see attached translation).
As to Claim 11, Main teaches a veterinary syringe (Figures 1-8F), comprising:
a main body (at least 1/7/8), comprising a syringe cylinder (1), having a front dispensing end (see Figure 6A below) and a rear end (see Figure 6A below), for receiving fluid to be dispensed (via 6; the liquid described in Column 9, Lines 28-38; see Figure 7A);
a plunger rod (see Figure 6A below), including a front end portion (the left end of the plunger rod, as viewed in Figure 6A below) with (as shown in Figure 6A) a plunger (see Figure 6A below), which is arranged displaceably along (as shown between Figures 6A/6B) a displacement direction (left and right, as viewed in Figures 6A/6B) in (as shown in Figure 6A) the syringe cylinder (1); and
a connection (see Figure 6A below) for connecting to a fluid reservoir (one of ordinary skill in the art would conclude a reservoir may be coupled to the barbed end –the right end, as viewed in Figure 6A—of 22),
wherein there is a fluid connection (Column 9, Lines 28-38; see Figure 7A) from the connection (see Figure 6A below) through a feed channel (see Figure 6A below) in the plunger rod (see Figure 6A below) to (Column 9, Lines 28-38; see Figure 7A) the syringe cylinder (1),
wherein the plunger rod (see Figure 6A below) has a nonreturn valve (23) which blocks the fluid connection (Column 9, Lines 28-38; see Figure 7A; one of ordinary skill in the art would conclude valve 23 blocks fluid when as the piston moves from Figure 7A to Figure 7B, since valve 23 is a one way valve and allows fluid to move when the piston moves from Figure 7B to Figure 7A) and opens only when (Column 9, Lines 28-38; see Figure 7A; one of ordinary skill in the art would conclude valve 23 blocks fluid when as the piston moves from Figure 7A to Figure 7B, since valve 23 is a one way valve and allows fluid to move when the piston moves from Figure 7B to Figure 7A) the pressure in the feed channel (see Figure 6A below) lies above (when the piston is moved from Figure 7B to Figure 7A, a vacuum will develop in syringe cylinder 1, creating a pressure differential the pressure in the feed channel is higher than the pressure in the syringe cylinder 1, causing valve 23 to open) the pressure in the feed channel where the pressure in the syringe cylinder (1) by a predetermined value (the pressure differential value required to overcome the force of the spring in valve 23),
wherein the plunger (see Figure 6A below) is connected to (as shown in Figure 6A) the front end portion (the left end of the plunger rod, as viewed in Figure 6A below).
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Main Figure 6A, Modified by Examiner
Main Figure 6A shows what appears to be threading between the plunger rod and the plunger. However, Main is silent on how the plunger rod is attached to the plunger, so does not explicitly teach the plunger is connected releasably to the front end portion and the nonreturn valve is accessible for maintenance purposes after the plunger is detached from the end portion,
wherein an actuable safety mechanism is formed, which prevents an unintentional detaching of the plunger by detaching of the plunger from the front end portion being possible only after the safety mechanism is actuated.
Hideki describes a plunger rod with a plunger for a syringe, and teaches the plunger (10) is connected releasably to (via threads 11/21) the front end portion (the top of 20, as viewed in Figure 3)…
wherein an actuable safety mechanism (12/23) is formed (as shown in Figures 3/4), which prevents an unintentional detaching (Paragraph 0016) of the plunger (10) by detaching of the plunger (10) from the front end portion (the top of 20, as viewed in Figure 3) being possible only after the safety mechanism (12/23) is actuated (as described in Paragraph 0002, the gasket is made of elastic rubber, which would allow a user to elastically deform plunger 10 to disengage lug 23 from recess 12, allowing the plunger 10 to be removed via the threading from plunger rod 20).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to connect the plunger rod and plunger, as taught by Main, with the threads and mechanism, as taught by Hideki, to prevent the plunger rod from accidentally falling off the plunger (Paragraph 0016).
Modifying Hideki into Main results in and the nonreturn valve (Main 23) is accessible for maintenance purposes after the plunger (see Main Figure 6A above) is detached from (via Hideki 12/23/11/21) the end portion (the left end of the plunger rod, as viewed in Main Figure 6A above). Once the Main plunger is removed from the Main plunger rod via the Hideki connection means, a user may perform maintenance on the Main valve 23.
As to Claim 12, Main, as modified, teaches all the limitations of Claim 11, and continues to teach the safety mechanism (Hideki 12/23) has a securing recess (Hideki 12) as first securing element (Hideki 12) and a securing lug (Hideki 23) as second securing element (Hideki 23),
wherein, for securing purposes, the securing lug (Hideki 23) is admitted into (Hideki Paragraph 0016) the securing recess (Hideki 12) and thereby prevents the plunger (see Main Figure 6A in the Claim 11 rejection above) from being detached from (Hideki Paragraph 0016) the front end portion (the left end of the plunger rod, as viewed in Main Figure 6A in the Claim 11 rejection above), and
wherein one (Hideki 12) of the two securing elements (Hideki 12/23) is formed on (as shown in Hideki Figure 4) the plunger (see Main Figure 6A in the Claim 11 rejection above) and the other (Hideki 23) of the two securing elements (Hideki 12/23) is formed on (as shown in Hideki Figure 3) the front end portion (the left end of the plunger rod, as viewed in Main Figure 6A in the Claim 11 rejection above).
As to Claim 13, Main, as modified, teaches all the limitations of Claims 11-12, and continues to teach the plunger (see Main Figure 6A in the Claim 11 rejection above) has a plunger portion (see Main Figure 6A in the Claim 11 rejection above) with a plunger surface (the surface of the Main plunger facing to the left in Main Figure 6A) and a hollow-cylindrical fastening portion (see Main Figure 6A in the Claim 11 rejection above), and
wherein the first securing element (Hideki 12) is formed on (as shown in Hideki Figure 4) the wall (Hideki Figure 4 shows recess 12 in the wall of plunger 10, so one of ordinary skill in the art would be motivated to place the recess in the wall of the Main plunger) of the hollow-cylindrical fastening portion (see Main Figure 6A in the Claim 11 rejection above).
As to Claim 14, Main, as modified, teaches all the limitations of Claims 11-13, and continues to teach the hollow-cylindrical fastening portion (see Main Figure 6A in the Claim 11 rejection above) has an internal thread (Hideki 11), and
wherein the front end portion (the left end of the plunger rod, as viewed in Main Figure 6A in the Claim 11 rejection above) has an external thread (Hideki 21) interacting with (Hideki Paragraph 0021) the internal thread (Hideki 11).
As to Claim 15, Main, as modified, teaches all the limitations of Claims 11-14, and continues to teach the internal thread (Hideki 11) has at least one thread-free region (see Hideki Figure 4 below) which extends in (as shown in Hideki Figure 4) the longitudinal direction (up and down, as viewed in Hideki Figure 4) of the hollow-cylindrical fastening portion (see Main Figure 6A in the Claim 11 rejection above).
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Hideki Figure 4, Modified by Examiner
As to Claim 16, Main, as modified, teaches all the limitations of Claims 11-15, and continues to teach the internal thread (Hideki 11) has two (the two regions which the arrows are pointing to in the bottom portion of Figure 4 are diametrically opposite to each other) of the thread-free regions (see Hideki Figure 4 in the Claim 15 rejection above) which lie opposite each other (as shown in Hideki Figure 4).
As to Claim 17, Main, as modified, teaches all the limitations of Claims 11-16, and continues to teach the at least one thread-free region (see Hideki Figure 4 in the Claim 15 rejection above) is arranged offset in the circumferential direction relative (Hideki Figure 4 shows first securing element 12 in between the thread-free regions, which one of ordinary skill in the art would conclude is offset) to the first securing element (Hideki 12).
As to Claim 18, Main, as modified, teaches all the limitations of Claims 11-15, and continues to teach the at least one thread-free region (see Hideki Figure 4 in the Claim 15 rejection above) is arranged offset in the circumferential direction relative (Hideki Figure 4 shows first securing element 12 in between the thread-free regions, which one of ordinary skill in the art would conclude is offset) to the first securing element (Hideki 12).
As to Claim 19, Main, as modified, teaches all the limitations of Claims 11-14, and continues to teach the external thread (Hideki 21) has at least one thread-free region (see Hideki Figure 3 below) which extends in (as shown in Hideki Figure 3) the longitudinal direction (up and down, as viewed in Hideki Figure 3) of the plunger rod (see Main Figure 6A in the Claim 11 rejection above).
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Hideki Figure 3, Modified by Examiner
As to Claim 20, Main, as modified, teaches all the limitations of Claims 11-14 & 19, and continues to teach the at least one thread-free region (see Hideki Figure 3 in the Claim 19 rejection above) is arranged offset in the circumferential direction relative (Hideki Figure 3 shows second securing element 23 in between the thread-free regions, which one of ordinary skill in the art would conclude is offset) to the second securing element (Hideki 23).
As to Claim 21, Main, as modified, teaches all the limitations of Claim 11, and continues to teach the syringe (Main Figures 1-8F, as modified by Hideki) is configured as a self-filling syringe (Column 9, Lines 28-38).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Trow (10,463,465 – see Figure 1) teaches a similar syringe. Kubo (2016/0193418 – see Figures 1/3) teaches an anti-rotation mechanism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID BRANDT whose telephone number is (303)297-4776. The examiner can normally be reached Monday-Thursday 10-6, MT.
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, Bhisma Mehta can be reached at (571) 272-3383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID N BRANDT/Primary Examiner, Art Unit 3783
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