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.
Claim 9 is 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 first part” lacks antecedent basis.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 2 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2011/0213329 A1 to Yodfat et al.
As to claim 1, Yodfat et al disclose an apparatus for infusing medical liquid, the apparatus comprising: a base body (10), a needle assembly (268) mounted on the base body, a reservoir unit (220) fluidly connected to the needle assembly and having a plunger (250) therein, a driving unit including a rod (112) that is connected to the plunger and moves along the reservoir unit, and a driving wheel (1144) that transmits a driving force to the rod and has a protrusion (118), and a connection member (500) disposed between the rod and the driving wheel and having a guide groove (grooves of teeth) that guides movement of the protrusion [0066].
As to claim 2, Yodfat et al disclose the apparatus for infusing medical liquid of claim 1, wherein the connection member comprises a trap groove (119) extending from the guide groove in a circumferential direction of the connection member (figs 6a-8b).
As to claim 9, Yodfat et al disclose the apparatus for infusing medical liquid of claim 1, wherein the connection member has a first portion adjacent the plunger, and a second portion connected to the first portion and having a smaller diameter than the first part, wherein the guide groove is disposed at the first portion (figs 6a-6b).
As to claim 10, Yodfat et al disclose the apparatus for infusing medical liquid of claim 1, wherein the protrusion protrudes from an inner peripheral surface of the driving wheel (fig 6b).
Allowable Subject Matter
Claims 3-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IMANI N HAYMAN whose telephone number is (571)270-5528. The examiner can normally be reached 5:30 AM - 3:30 PM.
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/IMANI N HAYMAN/Supervisory Patent Examiner, Art Unit 2841
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