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). The drawings must show every feature of the invention specified in the claims. Therefore, the wherein the tab member is formed on a portion of a bottom of the receiving channel (for clarity, the specification indicates that FIG. 9 shows this, but FIG. 9 shows the tab opposite the curved portion of the mounting plate and the curved portion of the mounting plate is the bottom of the channel, see e.g. FIG 1 showing that when worn the curved portion is the bottom) must be shown or the feature(s) canceled from the claim(s). 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 Rejections - 35 USC § 112
Claim 12 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With Respect to Claim 12
Although the specification indicates that the tab is at the bottom of the receiving channel, the drawings show the opposite, see FIG. 1 showing the curve as the bottom of the channel and FIG. 6 showing the tab at the end opposite the curve. As the specification and drawings differ and the specification does not provide detail as to how the structure is meant to operate with the tab in the opposite position, this subject matter was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 12 and 16 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.
With Respect to Claim 12
It is unclear how the inventive structure meets the limitations of the claim or how broadly the claim language should be construed in order to meet the limitations. For example, it is unclear whether the claim should be broadly interpreted as having the “bottom” of the receiving channel be the portion that points upwardly when worn inasmuch as it is capable of being rotated to this position and no other directionality is explicitly stated in the claim or the claims from which it depends.
The remainder of this office action is based on the invention as best understood by Examiner.
With Respect to Claim 16
The phrase “a second partially closed end a first end” is unclear in scope, noting that it is clearly a typo but it is unclear what is meant by it.
The remainder of this office action is based on the invention as best understood by Examiner.
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)(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 Rejections - 35 USC § 103
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 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 1-2, 6-7, 13, and 15 are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over U.S. Patent Publication #2023/0108400 to Schuda (Schuda), either alone or further in view of JP H05146475 to Deibitsudo (Deibitsudo).
With Respect to Claim 1
A holder for vaccine guns, comprising: a base member (104) for attaching to a side of a person; a mounting plate (122) attached to the base member, the mounting plate having a receiving channel (130); and an interchangeable sleeve (e.g. 202, Fig. 12 or 1302, FIG. 13) configured to receive at least a portion of a first vaccine gun therein (capable of this use with an appropriate vaccine gun), the interchangeable sleeve engaging with the receiving channel of the mounting plate to releasably mount the sleeve to the mounting plate (engaging via gear 188 or equivalent, see, e.g. [0053] for some example release mechanisms), and the interchangeable sleeve removable from the mounting plate for replacement with a different sleeve for a second vaccine gun, the second vaccine gun being a different type from the first vaccine gun (capable of this use, noting also disclosure to mount different sleeves although the claim clearly only functionally recites the second sleeve and the structure is capable of use with any suitable sleeve capable of holding any suitable gun/tool).
Alternately, although Examiner maintains that the holster/sleeves shown are capable of holding an appropriate first vaccine gun, Schuda discloses holding any suitable tool, and Deibitsudo discloses the use of a similar user mount to hold a vaccine gun, and so it would have been obvious to one of ordinary skill in the art before the filling date of this application to form the interchangeable sleeve (and also the different sleeve although that is only functionally recited) so as to hold a vaccine gun, as a mere selection of an art appropriate sleeve/tool to be attached to the modular holster or at most a mere substitution of one art known sleeve/tool for another.
With Respect to Claim 2
The holder for vaccine guns of claim 1, wherein the base member is configured as a leg guard to protect the person against self-injection with the vaccine guns (the base plate is capable of this function to the extent broadly claimed).
Alternately, Deibitsudo discloses providing a leg protection panel is configured as a leg guard to protect the person against self-injection with the vaccine guns.
It would have been obvious to one of ordinary skill in the art before the filling date of this application, given the disclosure of Deibitsudo, to add a leg protection panel to the base member of the combination (either permanently or removably/modularly) in order to provide a leg guard to protect the person against self-injection with the vaccine guns as taught by Deibitsudo.
With Respect to Claim 4
The holder for vaccine guns of claim 1, further comprising at least one leg strap connected to the base member for wrapping around and securing the base member to a thigh of the person ([0041] discloses using a strap to attach to a user which inherently discloses attachment to any suitable location on the user such as a thigh or alternately clearly renders such obvious, or alternately obvious per Deibitsudo’s disclosure of thigh mounting via strap 398).
With Respect to Claim 6
The holder for vaccine guns of claim 1, wherein the receiving channel of the mounting plate has a first guide channel on a first side of the receiving channel, and a second guide channel on a second side of the receiving channel (noting side channels formed between 122 and 124, best seen in FIG. 1).
With Respect to Claim 7
The holder for vaccine guns of claim 6, wherein the interchangeable sleeve has a first rail member on a first side of the interchangeable sleeve, and a second rail member on a second side of the interchangeable sleeve, the first rail member mating with the first guide channel in the receiving channel of the mounting plate, and the second rail member mating with the second guide channel in the receiving channel of the mounting plate (the left and right sides of the gear are rail members to the extent claimed and function as claimed).
With Respect to Claim 13
The holder for vaccine guns of claim 1, wherein the interchangeable sleeve further comprises an opening formed along one side of the interchangeable sleeve (it includes an opening along the top side or such is clearly obvious as common for holsters, see background disclosing that holsters often have straps over the top to prevent the gun from falling out which inherently indicates a top opening, see also FIG. 13 showing top opening of holster 1302).
With Respect to Claim 15
A holder for vaccine guns, comprising: a base member (104) configured as a leg guard (capable of this use, e.g. it will provide some protection to a leg when attached to a strap about the leg; alternately per Deibitsudo) to protect the person against self-injection with the vaccine guns (capable of this use or per Deibitsudo); at least one strap ([0041] discloses using a strap to attach to a user which inherently discloses attachment to any suitable location on the user such as a thigh or alternately clearly renders such obvious, or alternately obvious per Deibitsudo’s disclosure of thigh mounting via strap 398) for attaching the base member to a thigh of a person; a mounting plate (122, 124) attached to the base member, the mounting plate having a receiving channel (130); and an interchangeable sleeve (e.g. 202, 1302) configured to receive at least a portion of a first vaccine gun therein (capable of this use or per Deibitsudo), the interchangeable sleeve engaging with the receiving channel of the mounting plate to releasably mount the sleeve to the mounting plate, and the interchangeable sleeve removable from the mounting plate for replacement with a different sleeve for a second vaccine gun, the second vaccine gun being a different type from the first vaccine gun (capable of this use or per Deibitsudo).
Claims 3 and 16-18 are rejected under 35 U.S.C. 103 as obvious over U.S. Patent Publication #2023/0108400 to Schuda (Schuda), either alone or further in view of JP H05146475 to Deibitsudo (Deibitsudo) as applied to claim 1 above, and further in view of U.S. Patent Publication #2007/0181619 to Seyfert (Seyfert) or U.S. Patent Publication #2008/0017683 to Votel (Votel), either alone or also in view of U.S. Patent #4,830,247 to Banks (Banks).
With Respect to Claim 3
The holder for vaccine guns of claim 1, wherein the interchangeable sleeve has a first end open (it includes an opening along the top side or such is clearly obvious as common for holsters, see background disclosing that holsters often have straps over the top to prevent the gun from falling out which inherently indicates a top opening, see also FIG. 13 showing top opening of holster 1302) to receive the first vaccine gun therein (capable of this use or per Deibitsudo), but does not disclose the interchangeable sleeve having a second partially closed end to cover a needle of the first vaccine gun, wherein an opening is formed on the second end as a drain opening.
However, Seyfert or Votel discloses forming a gun holster or tool holder, respectively, with a partially closed end to cover the end of a gun/tool wherein an opening is formed on the second end as a drain opening in order to allow fluid drainage.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Seyfert or Votel, to form the second end as a partially closed end with a drain opening, in order to allow for fluid drainage, prevent debris from accumulating in the holster, or for the other art known benefits of such drain holes.
Alternately, although Examiner maintains that the holster/sleeve of Schuda/the combination is capable of covering a needle of a first vaccine gun to the extent claimed and the claim language clearly does not require anything more than this, in the interests of advancing prosecution, Banks discloses forming a similar belt mounted holder for a tool having a pistol grip and a narrower forwardly extending structure/tip (26) similar to the needle of a vaccine gun, the tool holder including a narrowed end designed to provide a guard for the tip of the tool.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Banks, to add a tip guard to the holster/sleeve of Schuda/the combination, in order to protect the tip of a tool (or as to the combination with Deibitsudo the tip/needle of the vaccine gun) as taught by Banks.
With Respect to Claim 16
A holder for vaccine guns, comprising: a base member (104) configured as a leg guard (capable of this use, e.g. it will provide some protection to a leg when attached to a strap about the leg; alternately per Deibitsudo) to protect the person against self-injection with the vaccine guns (capable of this use or per Deibitsudo) to protect the person against self-injection with the vaccine guns; at least one strap ([0041] discloses using a strap to attach to a user which inherently discloses attachment to any suitable location on the user such as a thigh or alternately clearly renders such obvious, or alternately obvious per Deibitsudo’s disclosure of thigh mounting via strap 398) for attaching the base member to a thigh of a person; a mounting plate (122, 124) attached to the base member, the mounting plate having a receiving channel (130); and an interchangeable sleeve (e.g. 202 or 1302) configured to receive at least a portion of a first vaccine gun therein (capable of this use or per Deibitsudo), a first end of the interchangeable sleeve open to receive the first vaccine gun therein (it includes an opening along the top side or such is clearly obvious as common for holsters, see background disclosing that holsters often have straps over the top to prevent the gun from falling out which inherently indicates a top opening, see also FIG. 13 showing top opening of holster 1302), and a second partially closed end (partially closed as the drainage opening per Seyfert/Votel prevents it from being fully closed) a first end of the interchangeable sleeve to cover a needle of the first vaccine gun (capable of this use or per Banks); wherein the interchangeable sleeve slidably engages with the receiving channel of the mounting plate to releasably mount the sleeve to the mounting plate; wherein the interchangeable sleeve is removable from the mounting plate for replacement with a different sleeve for a second vaccine gun, the second vaccine gun being a different type from the first vaccine gun (capable of this use or per Deibitsudo).
With Respect to Claim 17
The holder for vaccine guns of claim 16, wherein the receiving channel of the mounting plate has a first guide channel on a first side of the receiving channel, and a second guide channel on a second side of the receiving channel (noting side channels formed between 122 and 124, best seen in FIG. 1).
With Respect to Claim 18
The holder for vaccine guns of claim 17, wherein the interchangeable sleeve has a first rail member on a first side of the interchangeable sleeve, and a second rail member on a second side of the interchangeable sleeve (the left and right sides of the gear are rail members to the extent claimed and function as claimed), the first rail member slidably mating with the first guide channel in the receiving channel of the mounting plate, and the second rail member slidably mating with the second guide channel in the receiving channel of the mounting plate.
Claims 4-5, 15 are rejected under 35 U.S.C. 103 as obvious over U.S. Patent Publication #2023/0108400 to Schuda (Schuda), either alone or further in view of JP H05146475 to Deibitsudo (Deibitsudo) as applied to claim 1 above, and further in view of U.S. Patent #6,547,118 to Beletsky (Beletsky).
With Respect to Claims 4 and 15
As an alternative to the rejection of this claim above using Schuda, either alone or further in view of Deibitsudo alone, Schuda discloses the use of a strap to attach its holster to a user, and Beletsky discloses the use of a thigh mounting strap (46) to attach a similar modular accessory/holster mounting panel to a user’s leg.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Beletsky, to use a thigh mounting strap as taught by Beletsky to attach the holder of Shuda/the combination to the user’s thigh, as a mere selection of an art appropriate attachment location and strap.
For clarity, the combination may also include the use of a belt mounting strap (21) which is also obvious in view of either reference, but this is not necessary to meet the limitations of claim 4.
With Respect to Claim 5
The holder for vaccine guns of claim 1, further comprising a support strap (21) connected to the base member, the support strap adjustable in length (Col. 3 lines 40-45), the support strap having a clip (60) for attaching to a waistband or belt (25) worn by the person (FIG. 2).
Claims 8-11 are rejected under 35 U.S.C. 103 as obvious over U.S. Patent Publication #2023/0108400 to Schuda (Schuda), either alone or further in view of JP H05146475 to Deibitsudo (Deibitsudo) as applied to claim 1 above, and further in view of U.S. Patent #6,955,280 to Saitoh (Saitoh) or U.S. Patent #7,409,237 to Tages (Tages).
With Respect to Claim 8
The holder for vaccine guns of claim 1, further comprising a tab member (196) on the mounting plate, the tab member movable between a raised position and a depressed position, the tab member biased in the raised position and manually movable into the depressed position for inserting the interchangeable sleeve into the mounting plate ([0051] and [0053]); but discloses the tab member on the gear/rail member rather than the mounting plate.
However, Saitoh discloses forming a similar releasable mounting structure with a tab member (54) movable between a raised position and a depressed position, the tab member biased in the raised position and manually movable into the depressed position for inserting the mounting structure of the accessory into the mounting plate (53 and related struture) or Tages discloses forming a similar releasable mounting structure with a tab member (20) movable between a raised position and a depressed position, the tab member biased in the raised position and manually movable into the depressed position for inserting the mounting structure of the accessory into the mounting plate.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Saitoh or Tages, to locate the tab member of Schuda on the mounting plate as doing so constitutes at most a mere rearrangement of parts which does not patentably distinguish over the prior art (MPEP 2144.04) or to use the Saitoh tab member and related structure instead of the Schuda tab as a mere substitution of one art known attachment/locking mechanism for another.
With Respect to Claim 9
The holder for vaccine guns of claim 8, wherein the tab member returns at least partially to the raised position to retain the interchangeable sleeve in the receiving channel of the mounting plate (Schuda [0051] and [0053] or per Saitoh or Tages).
With Respect to Claim 10
The holder for vaccine guns of claim 8, wherein the tab member is at least partially depressed to release the interchangeable sleeve from the receiving channel of the mounting plate (Schuda [0051] and [0053] or per Saitoh or Tages).
With Respect to Claim 11
The holder for vaccine guns of claim 8, wherein the tab member is mounted adjacent to an opening formed in the base member for movement of the tab member into the depressed position (Schuda discloses an opening for the tab member to move into, Saitoh’s structure must include such in order for it to operate as there is no exterior structure to allow for it to depress without such an opening behind/adjacent to it, Tages e.g. FIG. 5B shows the opening).
Claim 12 is rejected under 35 U.S.C. 103 as obvious over U.S. Patent Publication #2023/0108400 to Schuda (Schuda) in view of U.S. Patent #7,409,237 to Tages (Tages), either alone or further in view of JP H05146475 to Deibitsudo (Deibitsudo).
With Respect to Claim 12
Schuda in view of Tages, either alone or further in view of Deibitsudo (see the rejection of claim 8 above for details of the combination, for clarity this rejection uses the Tages structure) discloses the holder for vaccine guns of claim 8, wherein the tab member (20) is formed on a portion of a bottom of the receiving channel (it is on the bottom of the receiving channel when the mounting plate is held upside down, similar to the disclosed inventive structure to the best of Examiner’s understanding, see the drawing objection and 112 1st paragraph rejection above for details), the portion of the bottom of the receiving channel separated from the mounting plate on a first side and a second side so that the portion of the bottom of the receiving channel moves apart from the mounting plate (see slots on each side and below 20 which allow for it to move apart from the mounting plate).
Alternately, it would have been obvious to one of ordinary skill in the art before the filing date of this application to form the mounting plate with a bottom opening instead of a top opening and to locate the locking tab at the bottom, in order to allow for upward insertion after use and/or as doing so constitutes at most a mere rearrangement of parts which does not patentably distinguish over the prior art (MPEP 2144.04).
Claim 14 is rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over U.S. Patent Publication #2023/0108400 to Schuda (Schuda), either alone or further in view of JP H05146475 to Deibitsudo (Deibitsudo) as applied to claim 13 above, and further in view of U.S. Patent #4,960,239 to Wait (Wait).
With Respect to Claim 14
The holder for vaccine guns of claim 13, wherein the interchangeable sleeve further comprises a friction fit lining along at least a portion of an interior of the interchangeable sleeve to secure the vaccine guns therein.
However, Wait discloses lining a cavity for holding an accessory with a foam or similar material to form a friction fit with the accessory (Col. 2 lines 42-47).
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Wait, to add a liner to the interior of the holster of Schuda/the combination, in order to better secure the item in the sleeve in position and prevent damage to it.
Claim 19 is rejected under 35 U.S.C. 103 as obvious over U.S. Patent Publication #2023/0108400 to Schuda (Schuda) in view of U.S. Patent Publication #2007/0181619 to Seyfert (Seyfert) or U.S. Patent Publication #2008/0017683 to Votel (Votel), either alone or also in view of U.S. Patent #4,830,247 to Banks (Banks), either alone or further in view of JP H05146475 to Deibitsudo (Deibitsudo) as applied to claim 16 above, and further in view of U.S. Patent #6,955,280 to Saitoh (Saitoh) or U.S. Patent #7,409,237 to Tages (Tages).
With Respect to Claim 19
Schuda in view of Seyfert or Votel and either Saitoh or Tages, either alone or also in view of Banks and/or Deibitsudo (see the rejection of claim 8 above for details of the combination with Saitoh or Tages) discloses the holder for vaccine guns of claim 16, further comprising a tab member (per Schudo or Saito or Tages) on the mounting plate (per Schudo and rearrangement of parts or per Saito or Tages), the tab member movable between a raised position and a depressed position, the tab member biased in the raised position and manually movable into the depressed position for inserting the interchangeable sleeve into the mounting plate, wherein the tab member returns at least partially to the raised position to retain the interchangeable sleeve in the receiving channel of the mounting plate, and wherein the tab member is at least partially depressed to release the interchangeable sleeve from the receiving channel of the mounting plate (per Schudo or Saitoh or TAges).
Claim 20 is rejected under 35 U.S.C. 103 as obvious over U.S. Patent Publication #2023/0108400 to Schuda (Schuda) in view of U.S. Patent Publication #2007/0181619 to Seyfert (Seyfert) or U.S. Patent Publication #2008/0017683 to Votel (Votel), either alone or also in view of U.S. Patent #4,830,247 to Banks (Banks) and/or JP H05146475 to Deibitsudo (Deibitsudo) as applied to claim 16 above, and further in view of U.S. Patent #4,960,239 to Wait (Wait).
With Respect to Claim 20
The holder for vaccine guns of claim 16, wherein the interchangeable sleeve further comprises an opening formed along one side of the interchangeable sleeve (noting top opening), but does not disclose wherein the interchangeable sleeve further comprises a friction fit lining in at least a portion of an interior of the interchangeable sleeve to secure the vaccine guns therein.
However, Wait discloses lining a cavity for holding an accessory with a foam or similar material to form a friction fit with the accessory (Col. 2 lines 42-47).
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Wait, to add a liner to the interior of the holster of Schuda/the combination, in order to better secure the item in the sleeve in position and prevent damage to it.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734