Patent Application 15734288 - MULTI-ROWS PRONGS GRABBER - Rejection
Appearance
Patent Application 15734288 - MULTI-ROWS PRONGS GRABBER
Title: MULTI-ROWS PRONGS GRABBER
Application Information
- Invention Title: MULTI-ROWS PRONGS GRABBER
- Application Number: 15734288
- Submission Date: 2025-05-21T00:00:00.000Z
- Effective Filing Date: 2020-12-02T00:00:00.000Z
- Filing Date: 2020-12-02T00:00:00.000Z
- National Class: 604
- National Sub-Class: 192000
- Examiner Employee Number: 84168
- Art Unit: 3783
- Tech Center: 3700
Rejection Summary
- 102 Rejections: 0
- 103 Rejections: 2
Cited Patents
The following patents were cited in the rejection:
Office Action Text
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 2, 2025 has been entered. 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 24 and 25 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 24 recites “a remover attachment”, “a remover attachment” is previously recited in claim 13 incorporated into claim 23. Claim 25 recites “a remover attachment” in line 12, “a remover attachment” is previously recited in line 3. It is not clear if this is the same or different remover attachment. For purposes of examination, it is taken as the same member. 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. Claim(s) 13-18, 20, and 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holmqvist (US 2014/0343503 A1) in view of Fournier et al. (WO 20174/091153 A1). With regard to claim 13, Holmqvist teaches a needle shield remover for assembly with a cap of a medicament delivery device, wherein the needle shield remover comprises: a remover body having a circumference surface, proximal end, and a distal end (Figs. 1 and 2 remover 12 and 14, body 12 distal end closest to 18, proximal end opposite); a cap attachment structure extending radially outward at a substantially perpendicular angle from the remover body (Fig. 3 member 34, [0050], [0054]), and two or more cap attachment openings on an outer surface of the remover body to be configured to engage a remover attachment member of the cap (Figs. 2 and 3 openings between 44 engage with 46, [0054]); two or more first shield gripping members (Fig. 1 two of members 18 as indicated in Reference Figure 1 below); and two or more second shield gripping members (Fig. 1 at least two of members 24 as indicated in Reference Figure 1 below), wherein the two or more first shield gripping members and the two or more second shield gripping member are each configured to engage a needle shield (Figs. 5 and 6, [0056], [0057], [0059], [0060]). Holmqvist do not disclose a plurality of cap fastening members. However, Fournier et al. teach equivalently using a continuous flange or a plurality of flange members (Fig. 2 member 35, Fig. 8 plurality of members 35’, Pg. 4 of translation second to last paragraph, Pg. 5 first paragraph). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a plurality of fasteners in Holmqvist as Fournier et al. teach this is equivalent to a single fastener which would yield the same predictable result of fastening. PNG media_image1.png 383 233 media_image1.png Greyscale With regard to claims 14 and 15, see Fig. 2. With regard to claim 16, see Figs. 2 and 6. With regard to claims 17 and 18, see portions 20 and 26 which form second portions extending inward from first portions and having differing shapes. With regard to claim 20, see the gaps around the gripping members (Figs. 1 and 2). With regard to claims 23 and 24, Holmqvist teaches a medicament delivery device comprising: a housing (Fig. 4 generally indicated at 56); and a cap assembly configured to be mounted to the housing to cover a proximal opening of the housing, the cap assembly includes a cap (Figs. 1 and 4 member 14) and a needle shield remover according to claim 13 and configured to be assembled with the cap (Figs. 1 and 4). With regard to claim 25, Holmqvist teaches an assembly comprising: a cap configured for attachment to a proximal end of a medicament delivery device (Fig. 4 member 14) and comprising a remover attachment (Fig. 2 member 46); and a needle shield remover axially fixed within the cap, where the needle shield remover comprises: a remover body having a circumference surface, proximal end and a distal end (Figs. 1 and 2 remover 12 and 14, body 12 distal end closest to 18, proximal end opposite); a cap attachment structure that includes: a cap fastening member extending radially outward at a substantially perpendicular angle from the remover body (Fig. 3 member 34, [0050], [0054]); and two or more cap attachment openings on an outer surface of the remover body to be configured to engage a remover attachment member of the cap (Figs. 2 and 3 openings between 44 engage with 46, [0054]); two or more first shield gripping members (Fig. 1 two of members 18 as indicated in Reference Figure 1 above); and two or more second shield gripping members Fig. 1 two of members 24 as indicated in Reference Figure 1 above), wherein the two or more first shield gripping members and the two or more second shield gripping members are each configured to engage a needle shield attached to a medicament container positioned within the medicament delivery device (Figs. 5 and 6, [0056], [0057], [0059], [0060]), wherein each of the two or more first shield gripping members are arranged offset in relation to each of the two or more second shield gripping members both in a longitudinal direction and along a circumference surface of the remover body, wherein the remover body is substantially cylindrical and has a first circumference and a second circumference circling around different portions of the remover body (Fig. 2), wherein at least one of the two or more first shield gripping members is distributed around the first circumference, and wherein at least one of the two or more second shield gripping members is distributed around the second circumference (Fig. 2). Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holmqvist (US 2014/0343503 A1) and Fournier et al. (WO 20174/091153 A1) as applied to claim 17 above, and further in view of Stewart et al. (US 2018/0369495 A1). With regard to claim 19, Holmqvist teaches a device substantially as claimed. Holmqvist does not disclose the second portions are substantially identical. However, Stewart et al. teach a shield remover with a plurality of offset gripping members which may have the same or different shapes (Fig. 3). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use substantially identical shapes in Holmqvist as Stewart et al. teach such provides for effective gripping and would yield the same predictable result. Further, Applicant has not disclosed that such a shape provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected the Applicant's invention to perform equally well with the gripping members of Holmqvist. Response to Arguments Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY L SCHMIDT whose telephone number is (571)270-3648. The examiner can normally be reached Monday through Thursday 7:00 AM to 4:30 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 Sirmons can be reached at 571-272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /EMILY L SCHMIDT/Primary Examiner, Art Unit 3783