DETAILED ACTION
Acknowledgements
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-14 are pending.
This action is Non-Final.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because Figure 1 element 10 must have a lead line and not underline. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 310. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The disclosure is objected to because of the following informalities: the drawing and specification elements are not in agreement, see drawing objections above.
Appropriate correction is required.
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 12-13 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 12 recites the limitation "the seat depression". There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the seat depression". There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 12, assuming the claim should depend on claim 11, it is not clear what is meant by “wherein the seat depression is open forward of the first clamp” as the seat depression is a component of the first clamp. This makes the metes and bounds of the claim unclear, which renders the claim indefinite. For examination purposes, the limitation is interpreted that space is open at a forward location of the first clamp.
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.
Claims 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishida et al. (Ishida, US 2001/0049507).
Regarding claim 1, Ishida teaches a butterfly needle adapter device for holding a butterfly needle, the butterfly needle adapter device comprising:
a second clamp configured such that the butterfly needle is inserted and seated thereinto (see Figures element2); and
a first clamp configured to prevent the butterfly needle from being separated from the second clamp in a hold mode (see Figures element 3);
wherein the second clamp comprises a separation guide portion that guides the butterfly needle through separation via one side of the second clamp in a release mode (see at least Figure 2 side openings allowing sliding between elements 2 and 3).
Regarding claim 2, Ishida teaches wherein in an insert mode, the butterfly needle is inserted from a rear end side of the second clamp to a front end side thereof (intended use, see Figure 2).
Regarding claim 3, Ishida teaches wherein the separation guide portion comprises a separation guide recess that is disposed at a front end of the second clamp and formed to extend toward one side of the second clamp (see Figures, sliding portion is recessed as claimed).
Regarding claim 4, Ishida teaches wherein the separation guide portion comprises a separation inclined portion that extends on one side of the separation guide recess and is inclined downward to one side (see Figures, sliding portion is inclined as claimed where sliding can occur).
Regarding claim 5, Ishida teaches wherein: the second clamp comprises a butterfly needle hold guide portion at a front end thereof; and the hold guide portion comprises a first protrusion protruding convexly downward (see Figures reads on element 21).
Regarding claim 6, Ishida teaches wherein the hold guide portion comprises a second protrusion that extends in one lateral direction and protrudes convexly downward (see Figure 4 reads on element 21).
Regarding claim 7, Ishida teaches wherein the second clamp comprises an insertion guide portion that guides the butterfly needle through insertion in an insert mode (see Figure 3 guiding 4 and 44).
Regarding claim 8, Ishida teaches wherein the insertion guide portion comprises a first inclined guide portion that is inclined downward from a rear end side of the second clamp toward a front end side thereof (see at least Figure 3 element 22).
Regarding claim 9, Ishida teaches wherein the insertion guide portion comprises a second inclined guide portion that is inclined downward from a rear end side of the second clamp toward a front end side thereof and is also inclined upward in the one lateral direction (see Figures including left and right sides with the claimed dimensions).
Regarding claim 10, Ishida teaches wherein the insertion guide portion comprises a straight movement guide portion that extends straight from a rear end side of the second clamp toward a front end side thereof (see Figures, reads on under portion of 2 which is straight).
Regarding claim 11, Ishida teaches wherein the first clamp comprises a seat depression in which the butterfly needle is seated in the hold mode (see at least Figures 3-5).
Regarding claim 12, Ishida teaches wherein the seat depression is open forward of the first clamp (see Figure 3, reads on location where open space occurs in front of the first clamp but the second clamp portions overhang).
Regarding claim 13, Ishida teaches wherein a rear end of the seat depression is closed and thus prevents the butterfly needle from retreating in the hold mode (see Figure 2).
Regarding claim 14, Ishida teaches wherein the first clamp comprises a reception portion into which the first protrusion is inserted in the hold mode (see at least Figure 5 element 31).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL R BLOCH whose telephone number is (571)270-3252. The examiner can normally be reached M-F 11-8 EST.
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, Robert (Tse) Chen can be reached at (571)272-3672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL R BLOCH/Primary Examiner, Art Unit 3791
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