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
Claims 3 and 11- 16 are objected to because of the following informalities:
Claim 3, line 2, reads “to the cartridge”, should read, “to the syringe cartridge”.
Claim 11, line 2, reads “engaging a carriage”, should read, “engaging the carriage”.
Claim 12, line 5, reads “secure a carriage”, should read, “secure a syringe carriage”.
Claim 13, line 1, reads “comprising a syringe carriage”, should read, “comprising the syringe carriage”.
Claim 14, line 1, reads “comprising a syringe carriage”, should read, “comprising the syringe carriage”.
Claim 14, line 1, reads “secure a carriage”, should read, “secure the syringe carriage”.
Claim 15, line 1, reads “comprising a syringe carriage”, should read, “comprising the syringe carriage”.
Claim 16, line 1, reads “comprising a syringe carriage”, should read, “comprising the syringe carriage”.
Appropriate correction is required.
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.
(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.
Claims 1, 3-8, 11-13, and 16-17 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Joseph et al. (US Pub No. 20190381252 A1, herein, Joseph).
Regarding claim 1, Joseph discloses a syringe cartridge (200 – Fig.1) comprising:
a main body (210 – Fig.1) including a lumen defined on an interior thereof (“internal lumen” – Para [0051]);
a viewport (211 – Fig.1) defined in main body and arranged to permit a user to view syringe contents in the lumen (“provide a view of the syringe plunger piston within the lumen as viewed thru the flat portion” – Para [0051]).
Regarding claim 3, Joseph discloses the syringe cartridge as set forth above, further comprising a fastening assembly (232 – Fig.2A, “accommodate the width of attachment” – Para [0051], Para [0049]) on the main body, the fastening assembly configured to secure a carriage (100 – Fig.2A) to the cartridge (200 – Fig.2A).
Regarding claim 4, Joseph discloses the syringe cartridge as set forth above, further comprising a plunger (241 – Fig.2A) and a carriage (100 – Fig.2A) adapted to engage an end of the plunger (120 – Fig.2A, “syringe plunger engaging end may include a receptacle or slot for receiving a thumb pad or button of the syringe plunger” – Para [0049]), the carriage configured to slide relative to the main body (“an inner surface that facilitates sliding movement along the syringe barrel” – Para [0049]).
Regarding claim 5, Joseph discloses the syringe cartridge as set forth above, further comprising a roller (140 – Fig.1) on the carriage adapted to frictionally engage the syringe cartridge (“frictionally engage the flat surface of the syringe body” – Para [0052]).
Regarding claim 6, Joseph discloses the syringe cartridge as set forth above, further comprising a flexible mount on the carriage for mounting the roller (142, 144 – Fig.2A, Para [0052]).
Regarding claim 7, Joseph discloses the syringe cartridge as set forth above, wherein the main body has a wall thickness surrounding the lumen and wherein the viewport extends to a depth such that the syringe contents are viewed through a thickness of material (“The syringe wall thickness and material are chosen to provide a view of the syringe plunger piston within the lumen as viewed thru the flat portion of the syringe barrel” – Para [0051]) that is less than or equal to the wall thickness surrounding the lumen (Fig.4).
Regarding claim 8, Joseph discloses the syringe cartridge as set forth above, further comprising a lateral viewing area (211 - Fig.2A) defined on the main body and adapted to permit a user to view the syringe contents from a side of the syringe body (“provide a view of the syringe plunger piston within the lumen as viewed thru the flat portion” – Para [0051], the flat portion, 211 in Fig.2A, extends to the side of the syringe body, as seen in Fig.2A).
Regarding claim 11, Joseph discloses the syringe cartridge as set forth above, wherein the fastening assembly comprises a guide surface on the syringe cartridge main body for slidably engaging a carriage and at least one releasable fastener for securing the carriage to the syringe cartridge (See annotated Fig.2A below, Para [0049]).
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Regarding claim 12, Joseph discloses a syringe cartridge (200 – Fig.1) comprising:
a main body (210 – Fig.1) including a lumen defined on an interior thereof (“internal lumen” – Para [0050]);
a slide extending from the main body and including a generally planar surface (See annotated Fig.2A below);
a carriage fastening assembly disposed on the main body (232 – Fig.2A), the carriage fastening assembly configured to releasably and slidably secure a carriage to the syringe cartridge (Fig.1, “accommodate the width of attachment” – Para [0051], “an inner surface that facilitates sliding movement along the syringe barrel” – Para [0049]).
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Regarding claim 13, Joseph discloses the syringe cartridge as set forth above, further comprising a syringe carriage (100 – Fig.2A) adapted to engage a syringe plunger and adapted to slide relative to the syringe cartridge to move the plunger relative thereto (“the attachment may be provided with an assist feature to enhance control of the movement of attachment, and thus movement of the syringe plunger and piston relative to the syringe barrel” – Para [0052]), the syringe carriage having at least one rail defined thereon, wherein the fastening assembly is configured to engage and retain the at least one rail (See annotated Fig.1 below).
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Regarding claim 16, Joseph discloses the syringe cartridge as set forth above, further comprising a syringe carriage (100 – Fig.2A) adapted to engage a syringe plunger and adapted to slide relative to the syringe cartridge to move the plunger relative thereto (“the attachment may be provided with an assist feature to enhance control of the movement of attachment, and thus movement of the syringe plunger and piston relative to the syringe barrel” – Para [0052]), wherein the syringe carriage includes a roller (140 – Fig.1) configured to frictionally engage the slide and allow a user to precisely move the carriage relative to the syringe cartridge (“the user may use their thumb and or finger to rotate the assist feature which may selectively and frictionally engage the flat surface of the syringe body ” – Para [0052]).
Regarding claim 17, Joseph discloses the syringe cartridge as set forth above, wherein the fastening assembly comprises a pair of lower guide surfaces arranged to slidingly engage a lower surface of the carriage, and pair of upper guide surface arranged to slidingly engage an upper surface of the carriage such that the carriage is captured for sliding movement between the lower guide surfaces and upper guide surfaces (See annotated Fig.2A below, Para [0049], Fig.1, Fig.3).
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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.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Joseph in view of
Willis et al. (US Patent No. 9155840 B1, herein, Willis).
Regarding claim 2, Joseph discloses the syringe cartridge as set forth above, but Joseph does not expressly disclose a spine extending axially along the main body and having a spine surface, wherein the spine surface is arranged such that indicia on the spine surface appear magnified to a user when viewed through contents in the syringe lumen and the viewport.
Willison teaches a syringe cartridge (10 – Fig.1), comprising a spine (Shown at 12 – Fig.5B) extending axially along the main body (14 – Fig.3A) and having a spine surface, wherein the spine surface is arranged such that indicia (22’ – Fig.5B) on the spine surface appear magnified to a user when viewed through contents in the syringe lumen (14’ – Fig.4A) and the viewport (12 – 3A)(“a magnification of the measurement markings” – Col. 10, lines 15-16).
It would be obvious to one in the ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the syringe cartridge of Joseph to comprise a spine extending axially along the main body with indicia appearing magnified to a user as taught by Willis since Willis teaches that with the magnification of the indicia, it appears enlarged which improves a user’s ability to accurately read the indica, reducing error.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Joseph in view of Marsch et al. (US Pub No. 20230132151 A1, herein, Marsh).
Regarding claim 9, Joseph discloses the syringe cartridge as set forth above, but Joseph does not expressly disclose wherein the viewport is an axially extending trough formed in the syringe cartridge.
March teaches a syringe cartridge (12 – Fig.1A), wherein a viewport is an axially extending trough (14 – Fig.1B) formed in the syringe cartridge (Fig.1A).
It would be obvious to one in the ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the viewport of Joseph to be an axially extending trough formed in the syringe cartridge as taught by Marsh since Marsch teaches that this axially extending trough is intended to maximize the viewing angle for the user (Marsch, Para [0062]).
Regarding claim 10, Joseph discloses the syringe cartridge as set forth above, but Joseph does not expressly disclose wherein the trough extends to a depth in the main body such that syringe contents are clearly visible to a user.
Marsh teaches a trough extends to a depth in the main body (Fig.1B) such that syringe contents are clearly visible to a user (“the dispensable fluid volume of the medicament M is clearly visible through the syringe window” – Para [0062]).
It would be obvious to one in the ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the viewport of Joseph to extend to a depth in the main body such that syringe contents are clearly visible to a user as taught by Marsh since Marsch teaches that the trough is intended to maximize the viewing angle for the user, making the medicament clearly visible (Marsch, Para [0062]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Joseph in view of Joseph.
Regarding claim 15, Joseph discloses the syringe cartridge as set forth above, further comprising a syringe carriage (100 – Fig.2A) adapted to engage a syringe plunger and adapted to slide relative to the syringe cartridge to move the plunger relative thereto (“the attachment may be provided with an assist feature to enhance control of the movement of attachment, and thus movement of the syringe plunger and piston relative to the syringe barrel” – Para [0052]).
However, Joseph fails to expressly disclose wherein the syringe carriage includes a pair of projections configured to secure the carriage to the slide with a snap fit and to guide the carriage for sliding movement on the slide.
In another embodiment of Joseph, Joseph teaches wherein a syringe carriage (2400 – Fig.24) includes a pair of projections (2422 – Fig.25) configured to secure the carriage to a slide (shown at 2532 – Fig.27) with a snap fit (“receiving and retaining in a snap fit fashion” – Para [0073], Fig.24, Fig.26) and to guide the carriage for sliding movement on the slide (Para [0072], Para [0074]).
It would be obvious to one in the ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the syringe carriage of Joseph to includes a pair of projections to secure the carriage to a slide with a snap fit as taught by the other embodiment of Joseph since Joseph teaches that a snap fit is a well-known feature to retain and secure two structures together.
Allowable Subject Matter
Claim 14 is 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
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/MARISSA TAYLOR/Examiner, Art Unit 3783
/LAURA A BOUCHELLE/Primary Examiner, Art Unit 3783
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