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 .
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 “rotary joint (claim 8)” 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
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 1-15 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.
In claim 1, the recitation “…a septum which delimits the cartridge towards the outside” renders the claim vague and indefinite because it is unclear what structure “outside” is referring to.
In claim 1, “wherein the operating element is configured to open a vessel containing monomer liquid and subsequently pump a monomer liquid released from the vessel from the collection region, through the hollow mandrel and into the cartridge by moving the piston” is run on and is not supported by recitation of structure that supports the functional recitation. Based on Applicant’s disclosure, the monomer liquid is released from the ampule into the collection region and enters the hollow mandrel and the operating element is used to push the piston into the collection region and pump the monomer liquid through the hollow mandrel into the cartridge.
In claim 3, the recitation “, and preferably pivotable about, an axis.” renders the claim vague and indefinite because it is unclear whether the operating element is pivotable or rotatable and which axis the operating element is pivotable about. According to Applicant’s disclosure, the operating element is connected to the piston and pivotable about a longitudinal axis of the piston.
In claim 4, the recitation “..designed to exert a force on a vessel containing monomer liquid, thereby preventing the piston from being fully inserted into the collection region.” renders the claim vague and indefinite because the feature preventing the piston from being fully inserted into the collection region is a stop.
In claim 5, “in a second arrangement” renders the claim vague and indefinite because it is unclear what the first arrangement is. Claim 1 does not recite a first arrangement.
In claim 12, the recitation “preferably designed to engage the stop” renders the claim vague and indefinite because it is unclear what connection is being claimed. Applicant’s disclosure states “a stop 116 engages with the opening element 125, which in turn engages with the operating element 124. This prevents the entire piston 107 from being pressed into the collection region 104, and therefore the pumping function of the piston 107 is blocked in this first arrangement of the operating element 124.” The stop engages with the opening element and the operating element engages in the opening element via a projection (Fig. 5).
In claim 13, the recitation “connecting channel with an exit opening” renders the claim vague and indefinite because it is unclear what structure defines the exit opening. A channel is defined by surrounding structure and in itself lacks structure.
Appropriate correction is required.
Allowable Subject Matter
Claims 1-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The closest prior art cited in the attached PTO-892 disclose some features of Applicant’s claimed invention. However, no references or a reasonable combination thereof, could be found which disclose all the elements of Applicant’s claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anu Ramana whose telephone number is (571)272-4718. The examiner can normally be reached 8:00 am-5:00 pm.
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, Kevin Truong can be reached at (571)272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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June 24, 2026
/Anu Ramana/Primary Examiner, Art Unit 3775
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