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.
Claims 2-3 and 6-9 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 2 recite the limitation “the portion” in line 5 and it is unclear if “the portion” is referring back to the portion of the syringe body immediately preceding this limitation or is referring back to any of the portions in Claim 1 (base plate, tube, flange, etc.…). For the purpose of examination, “the portion” is assumed to be the portion of the syringe body. Clarification is respectfully requested.
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.
Claim(s) 1-2, 5, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nuova Ompi SRL (Nuova WO 2019/171192).
1: Nuova teaches a syringe holder (holder shown in Figure 1) comprising: a base plate portion (plate shown as 12, having a plate shape) having a plate shape; and a tube portion (tube portion 16, formed in a tubular shape, Figure 1, embodiment shown in Figures 8-9) being formed in a tubular shape having an axis direction (direction along the longitudinal direction of 16, top to bottom of Figure 1) being provided along a plate thickness direction of the base plate portion, the tube portion being configured to allow a syringe (16 is capable of accommodating an unclaimed syringe 20) to be inserted through the tube portion from one side to another side in the axis direction (from the top side of the tubes to the bottom side of the tubes along the longitudinal direction of 16), the syringe including a syringe body (capable of accommodating an unclaimed syringe (20) and its unclaimed features) which has a tubular shape and a flange portion which protrudes from an outer periphery surface of the syringe body to an outer side in a radial direction, wherein
the tube portion includes a flange support portion (support portion 60, Figure 6) which supports the flange portion of the inserted syringe from the other side in the axis direction (unclaimed flange 48 of 20, Figure 6) and a flange abutting portion (abutting portion 52) which is arranged on the one side in the axis direction (the top side of the axial direction) and on an outer side in the radial direction (outer side of 60, where 52 is radially away from 60), relative to the flange support portion, the flange abutting portion being configured to be capable of abutting, in the radial direction, the flange portion supported by the flange support portion (capable of abutting the flange portion of 20 also supported by 60, see Figure 6).
2: Nuova teaches the claimed invention as discussed above for Claim 1 and Nuova further teaches that the tube portion includes a syringe abutting portion (tube portion 16, having a syringe abutting portion inner surfaces of 24 located in Figure 8-9), and the syringe abutting portion is arranged on the other side in the axis direction (away from the top side of the axial direction) and on an inner side in the radial direction (inner surface of 24 extending radially inward of 60, Figures 8-9), relative to the flange support portion, and is configured to be capable of abutting a portion of the syringe body (capable of, abutting the body of 20), the portion being in vicinity to the flange portion in the syringe body on the other side in the axis direction relative to the flange portion (direction away from the top of 60, downwards into 16).
5: Nuova teaches the claimed invention as discussed above for Claim 1 and Nuova further teaches that the package comprising the syringe holder of Claim 1; the syringe (syringe 20, body of 20 and flange section 48); and a container body (container body 8) for housing the syringe holder.
8: Nuova teaches the claimed invention as discussed above for Claim 2 and Nuova further teaches that the package comprising the syringe holder of Claim 2; the syringe (syringe 20, body of 20 and flange section 48); and a container body (container body 8) for housing the syringe holder.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nuova Ompi SRL (Nuova WO 2019/171192) in view of Okihara (US 2015/0190566).
3: Nuova teaches the claimed invention as discussed above for Claim 2 except for the following claimed limitation that are taught by Okihara, a syringe body is provided with a tubular trunk section 6 for storing a liquid; a syringe is provided with a large-diameter section 70 that is disposed on a distal end of the trunk section and that is configured to be larger, in the radial direction, than the trunk section is except the tube portion includes a large-diameter guide portion which guides the large-diameter portion to an inner side in the radial direction, and the large-diameter guide portion is arranged on the other side in the axis direction relative to the syringe abutting portion and is configured to have a diameter decreasing from the other side toward the one side in the axis direction, a tubular section is provided with a large-diameter guide section (46) that guides the large-diameter section towards the radially inner side; and the large-diameter guide section is disposed on the other axial side with respect to a syringe contact section and is configured so that the diameter becomes smaller from the other side towards the one side in the axial direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nuova such that the teaching of Okihiara such that the tube portion of Nuova includes a large-diameter guide portion which guides the large-diameter portion to an inner side in the radial direction, and the large-diameter guide portion is arranged on the other side in the axis direction relative to the syringe abutting portion and is configured to have a diameter decreasing from the other side toward the one side in the axis direction, was applied in order to permit alignment of the bottom of the syringe body so that a syringe and its lock adapter/cap can be dispensed along with the syringe body and to be guided smoothly, paragraph 0101, Okihara.
9: Nuova-Okihara teaches the claimed invention as discussed above for Claim 3 and Nuova-Okihara further teaches that the package comprising the syringe holder of Claim 3; the syringe (syringe 20, body of 20 and flange section 48); and a container body (container body 8) for housing the syringe holder and Okihara further teaches that a syringe body is provided with a tubular trunk section 6 for storing a liquid; a syringe is provided with a large-diameter section 70 that is disposed on a distal end of the trunk section and that is configured to be larger, in the radial direction, than the trunk section is except the tube portion includes a large-diameter guide portion which guides the large-diameter portion to an inner side in the radial direction, and the large-diameter guide portion is arranged on the other side in the axis direction relative to the syringe abutting portion and is configured to have a diameter decreasing from the other side toward the one side in the axis direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nuova-Okihara such that the syringe and is features are claimed in combination so that the syringes are accommodated within the syringe holder for safe transport.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nuova Ompi SRL (Nuova WO 2019/171192) in view of Liversidge (US 2013/0001117).
4: Nuova teaches the claimed invention as discussed above for Claim 1 except he tube portion includes a flange guide portion which guides the flange portion to an inner side in the radial direction, and the flange guide portion is arranged on the one side in the axis direction and on an outer side in the radial direction, relative to the flange abutting portion, and is configured to have a diameter decreasing from the one side toward the other side in the axis direction.
Liversidge teaches a syringe holder wherein: a tubular section is provided with flange guide sections 31, 36, Figure 11 that guide a flange section towards the radially inner side; and the flange guide sections are disposed on one axial side and on the radially outer side with respect to the flange contact section and are configured so that the diameters thereof become smaller from the one side towards the other side in the axial direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nuova such that the teaching of the tube portion includes a flange guide portion which guides the flange portion to an inner side in the radial direction, and the flange guide portion is arranged on the one side in the axis direction and on an outer side in the radial direction, relative to the flange abutting portion, and is configured to have a diameter decreasing from the one side toward the other side in the axis direction in order to give the holding section a centering function to hold the syringe vertical and centered.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KING M CHU whose telephone number is (571)270-7428. The examiner can normally be reached Monday - Friday 10AM - 6PM EST.
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/King M Chu/Primary Examiner, Art Unit 3735