The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Final Rejection
The merits of this case have been carefully reexamined in light of applicant's response received 10/29/2025. It is the Examiner's position that the specification objection, and the obvious type double patent Rejection have been overcome, and some of the rejection of record under 35 USC § 112 (a)(b) has been overcome by applicant's amendment. However, in light of this amendment, the claim now necessitates the FINAL rejection under 35 USC 112 a&b, set forth below.
Claim Rejection - 35 U.S.C. § 112 A&B
The claim is FINALLY rejected under 35 U.S.C. 112(a) and (b) as the claimed invention is not described in such full, clear, concise and exact terms as to enable any person skilled in the art to make and use the same, and fails to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
The claim is indefinite and nonenabling because the exact scope of the design cannot be determined. In particular:
A . In Figs. 1.1, 1.3 & 1.5, the circle element highlighted by A. is unknown. With limited views of the syringe mixing device, and no surface shading or opaque surfaces, it is open to conjecture whether these elements are surface indicia, protrusions, or indentations.
B. In Fig. 1.1, the larger circle elements of the cylinder element are illustrated in broken lines. However, in Figs. 1.3 & 1.5 the corresponding elements are illustrated in solid lines. It is open to conjecture what is being claimed.
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Annotated Replacement Figs. 1.1 & 1.5
C. In Fig. 1.1 the interior of the mixing device is illustrated with diagonal lines and X’s in solid lines. However, in Figs. 1.6-1.7 no diagonal lines or X’s are illustrated in broken lines. Applicant did not address this issue in the replacement drawings. It is open to conjecture which of the figures is illustrated correctly and what exactly is being claimed.
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Annotated Figs. 1.1 & 1.6
D. Reproductions must be of a quality permitting all the details of the industrial design to be clearly distinguished and permitting publication MPEP 37 CFR 1.1026 (2) (a). Specifically, the superimposed broken lines showing environmental structure obscure the full line disclosure of the claimed design. Applicant did not address this issue in the replacement drawings. Applicant did not address these issues in the replacement figures.
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Annotated Fig. 1.1
E. In Fig. 1.1 no line element intercepts the central circle elements of the Syringe Mixing Device. However, in Figs. 1.2-1.5 a straight line element intersects the corresponding circle elements. Applicant did not address this issue in the replacement drawings. It is open to conjecture which of the figures is illustrated correctly.
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Annotated replacement Figs. 1.1 & 1.3
In order to overcome this rejection, applicant should consistently illustrate the mixing device elements throughout the drawings. Applicant may also overcome this rejection by placing the unknown elements into broken lines, and thus disclaiming them. Additionally, these broken lines should be translated to the rest of the drawing disclosure.
Applicant is advised that all of the preceding issues must be addressed to overcome this rejection,without the introduction of anything that was not shown in the original disclosure (i.e., new matter prohibited by 35 U.S.C. 132 and 37 CFR 1.121 ), either by the addition or removal of features of the claimed design.
New matter is anything (structure, features, elements) which was not apparent (seen) in the drawings asoriginally filed. It is possible for new matter to consist of the removal as well as the addition of structure,features or elements. Further, the clarification of drawings with poor line quality can introduce new matter.
Notes on Correspondence
Please note that, at this time, the examiner is prohibited from initiating or returning international telephone calls. If applicant wishes to communicate by telephone, the examiner may be reached by email to arrange a time for a telephone interview: gilbert.ford@uspto.gov. The merits of the application may not be discussed via email unless an appropriate authorization for email communication is placed in the U.S. application file at the USPTO. For those applications where applicant wishes to communicate with the examiner via Internet communications, e.g., email or video conferencing tools, the following is a sample authorization form which may be used by applicant:
"Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file."
Please see MPEP 502.03 II (Article 5) for more details.
Discussion of the Merits of the Case
A Power of Attorney (POA), filed with the USPTO in the specific case, is required whether or not attorney for the applicant has POA authority in a foreign IP office. Examiner may not discuss the merits or specifics of a case without a proper POA on file. https://www.usDto.aov/web/forms/sb0080.Ddf
The POA form submitted in the international phase is not effective for purposes of the US. The proper form is available at: https://www.uspto.gov/web/forms/sb0080.pdf
When Responding to Official USPTO Correspondence
When responding to an official correspondence issued by the USPTO, including refusals, Ex Parte Quayle, Notice of Allowances, or Notice of Abandonments, please note the following:
The USPTO transacts business in writing. Applicants may submit replies to Office actions only by:
Online via the USPTO's Electronic Filing System-Web (EFS-Web) (Registered eFilers only)
https://www.uspto.gov/patents-application-process/applying-online/efs-web-guidance-and-resources
Mail: Commissioner For Patents, P.O. Box 1450, Alexandria, VA, 22313-1450
Facsimile to the USPTO's Official Fax Number (571-273-8300)
Hand-carry to USPTO's Alexandria, Virginia Customer Service Window
https://www.uspto.gov/patents-maintaining-patent/responding-office-actions
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GILBERT B FORD whose telephone number is (571)272-9218. The examiner can normally be reached Mon-Friday 9AM-5PM 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, Sandra Snapp can be reached on (571) 272-8364. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GF/Examiner, Art Unit 2912 December 1, 2025
/NATASHA VUJCIC/
Primary Examiner, Art Unit 2913