14730053 (P.T.A.B. Aug. 22, 2018)

Ex Parte Garrett

Patent Trial and Appeal BoardAug 22, 2018

14730053 (P.T.A.B. Aug. 22, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. 14/730,053 62439 7590 SINORICA, LLC 20251 Century Blvd. Suite 140 FILING DATE 06/03/2015 08/24/2018 Germantown, MD 20874 FIRST NAMED INVENTOR John Alan Garrett UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. TUP23314 8562 EXAMINER SW ANSON, LEAH JENNINGS ART UNIT PAPER NUMBER 3763 NOTIFICATION DATE DELIVERY MODE 08/24/2018 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): SINORICA@GMAIL.COM sinorica@outlook.com pair@sinorica.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte JOHN ALAN GARRETT Appeal2017-009402 Application 14/730,053 1 Technology Center 3700 Before WILLIAM A. CAPP, JEREMY M. PLENZLER, and GEORGE R. HOSKINS, Administrative Patent Judges. PLENZLER, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant seeks our review under 35 U.S.C. Â§ 134 of the Examiner's Final Decision rejecting claims 1, 4, 6-8, 10-12, 14--17, 19, and 20 under 35 U.S.C. Â§ 102 as being anticipated by Cheng (US 2008/0051729 Al, pub. Feb. 28, 2008). We have jurisdiction under 35 U.S.C. Â§ 6(b ). We AFFIRM. 1 Appellant is the Applicant, John Alan Garrett, identified by the Appeal Brief as the real party in interest. Br. 2. Appeal2017-009402 Application 14/730,053 CLAIMED SUBJECT MATTER Claims 1, 10, and 17 are independent, with claims 4, 6-8, 11, 12, 14-- 16, 19, and 20 depending from claim 1, 10, or 17. Claim 1 is representative of the claims on appeal, and is reproduced below: 1. An improved anesthetic syringe comprises: an enclosure; a plunger; a carpule; a needle; the enclosure comprises an elongated body, a chamber, a first opening and a second opening; the first opening and the second opening being positioned opposite each other along the elongated body; the chamber being positioned within the elongated body between the first opening and second opening; the carpule being housed within the chamber; the plunger traversing into the chamber; the plunger being positioned adjacent to the carpule; the needle being in fluid communication with the carpule; the needle being connected to a coupling body; the needle being encircled by the coupling body; the coupling body being attached to the elongated body; the needle traversing through the first opening into the chamber; the needle being positioned adjacent to the carpule; the first opening and the coupling body each comprise a thread pattern; the thread pattern of the first opening being helically engaged with the thread patter[ n] of the coupling body; 2 Appeal2017-009402 Application 14/730,053 the carpule comprises a hollow body, a plug, and a sealing membrane; the carpule being slidably engaged with the chamber; the plug and the sealing membrane being positioned opposite each other along the hollow body; the plug being positioned adjacent to the plunger; the plug being slidably engaged with the hollow body, wherein movement of the plunger imparts corresponding movement to the plug; the needle traversing into the hollow body through the sealing membrane; the plunger comprises an elongated portion and a handle; the handle being adjacently connected to the elongated portion; the elongated portion traversing into the chamber; and the elongated portion being slidably engaged with the chamber. OPINION Appellant argues claims 1, 4, 6-8, 10-12, 14--17, 19, and 20 as a group. Br. 15. We select claim 1 as representative. Claims 4, 6-8, 10-12, 14--17, 19, and 20 stand or fall with claim 1. See 3 7 C.F .R. Â§ 4I.37(c)(l)(iv). The Examiner finds that Cheng discloses each element of claim 1. Final Act. 3-5. Appellant does not dispute the majority of the Examiner's findings. Rather, Appellant focuses on whether Cheng discloses "the needle being connected to" and "encircled by the coupling body" (Br. 8-12), and whether Cheng discloses that "the plunger comprises an elongated portion and a handle" with "the handle being adjacently connected to the elongated 3 Appeal2017-009402 Application 14/730,053 portion" (id. at 12-15). Figure 9 of Cheng is reproduced below for reference. r"'. ll2B i 'Â·,,_ 321 Â·Â·Â·Â·Â·Â·Â·Â· 32A . ___ ....-Â·Â·Â· Â·Â· FIG.9 Figure 9 of Cheng "is an exploded perspective view of a ... needle syringe." Cheng ,r 22. "the needle being connected to" and "encircled by the coupling body" and "the coupling body being attached to the elongated body" The Examiner finds that Cheng's needle unit 13 2 corresponds to the recited "needle," tube 12 corresponds to the recited "coupling body," and barrel 1 lA corresponds to the recited "elongated body." Final Act. 3--4. 4 Appeal2017-009402 Application 14/730,053 Appellant does not appear to dispute the Examiner's findings related to Cheng's disclosure of those individual components. Rather, Appellant appears to dispute the Examiner's findings related to the connection between those components in Cheng. Appellant responds to the rejection by describing an embodiment from the Specification of the pending application and concluding that "the casing 131 of Cheng [ i] s different from the coupling body 5 of the present application" and "the transparent tube 12 of Cheng [i]s also different from the coupling body 5 of the present application." Br. 9--10. To support those conclusions, Appellant contends that "Cheng [i]s silent on that the needle unit 132 is attached to the barrel 1 lA by engaging the casing 131 of the needle unit 132 with the elongated body of the barrel 1 lA" and "Cheng d[oes] not disclose that the needle unit 132 is connected to the transparent tube 12 and that the needle unit 132 is encircled by the transparent tube 12." Id. Appellant, however, fails to provide any persuasive explanation as to how these alleged deficiencies relate to any particular requirement of claim 1. Claim 1 requires that "the needle [is] connected to a coupling body" and "the coupling body [is] attached to the elongated body." We agree with the Examiner and find that Cheng discloses these features. Cheng explains, for example, that "barrel and needle assembly 10 ... comprises a needle housing ... 13 including a casing 131 and a needle unit 132" and "casing 131 comprises rear internal threads." Cheng ,r 31. To connect needle unit 132, which corresponds to the "needle" from claim 1, and tube 12, which corresponds to the "coupling body" recited in claim 1, Cheng explains to "threadably drive the casing 131 onto the nose 123" of tube 12. Id. at ,r 34. Cheng describes a similar attachment between barrel 11 A, which 5 Appeal2017-009402 Application 14/730,053 corresponds to the "elongated body" recited in claim 1, and tube 12. Id. For that connection, Cheng explains that "barrel 11 A comprises an externally threaded extension 112B" and "transparent tube 12 comprises a middle internally threaded extension 121B adapted to secure to the extension 112B." Id. at i138. As for claim 1 's requirement that "the needle [is] encircled by the coupling body," Appellant simply recites that claim language and alleges Cheng does not disclose that limitation. 2 Br. 11. That does not amount to argument. See 37 C.F.R. Â§ 4I.37(c)(l)(iv) ("A statement which merely points out what a claim recites will not be considered an argument for separate patentability of the claim."). Further, Figure 1 OA of Cheng illustrates that tube 12 encircles needle 132B of needle unit 132. "the plunger comprises an elongated portion and a handle" with "the handle being adjacently connected to the elongated portion" The Examiner finds that Cheng's arm 32A corresponds to the recited plunger's "elongate portion" and handle 3 IA corresponds to the recited plunger's "handle." Final Act. 3--4. Again, Appellant simply describes an embodiment from the Specification and concludes that Cheng fails to disclose the limitations noted above, without any meaningful explanation as to why the structure from Cheng cited by the Examiner does not correspond to those limitations. See Br. 12-15. We agree with the Examiner and find that the cited portions of Cheng correspond to the recited plunger's "elongate portion" and "handle." Indeed, Appellant admits as much, acknowledging that "[i]n Cheng, according to 2 Appellant additionally acknowledges that Cheng discloses that "the needle unit 132 is encircled by the casing 131." Br. 9. 6 Appeal2017-009402 Application 14/730,053 paragraphs [0033] and [0035] of the specification and FIG. 9, a handle assembly 30A comprises a rear ring-shaped handle 3 lA and an arm 32A." Br. 13. For at least the reasons discussed above, Appellant fails to apprise us of Examiner error. DECISION We AFFIRM the Examiner's decision to reject claims 1, 4, 6-8, 10- 12, 14--17, 19, and 20 under 35 U.S.C. Â§ 102. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. Â§ 1.136(a)(l )(iv). AFFIRMED 7