United States Patent and Trademark Office
Project: D107
Subclass – A61J
Date: June 12, 2006
RAPPORTEUR REPORT
EP (Annex 3), DE (Annex 4), GB (Annex 6), and JP (Annexes 2, 5, & 7) have all made
comments on Rapporteur’s initial proposal (Annex 1) for the subclass definition of A61J. To the
extent feasible, Rapporteur has introduced all of the suggested changes where there was general
agreement as specified below.
Summary of Comments, Review, and Recommendations
JP
In all three of its annexes, JP agrees with Rapporteur’s proposal in general but has some
particular concerns. In paragraph 5 of the definition statement, JP states the 2nd bullet “a portion
of their blood system (e.g., parenteral feeding)” is incorrect and this invention information is
properly classified in subclass A61M. This seems to be in agreement with DE and EP’s concerns
with this paragraph. Therefore, Rapporteur has deleted this bullet and modified this paragraph.
However, JP should note that this deletion seems contrary to the type of art covered by FI groups
‘A61J 1/00 313J’ and ‘A61J 1/00 313N’.
JP agrees with DE and EP’s concerns with clarifying the line with subclass A61M to prevent or
reduce potential overlap between the subclasses. JP suggests adding three limiting reference to
groups A61M 31/00, A61M 35/00, and A61M 39/00. EP indicated their experts also prefer
classification of this subject matter in subclass A61M and also suggest these references and an
additional limiting reference to group A61M 5/28. Rapporteur agrees with DE, EP, and JP on
this topic and has added these references as proposed by JP and EP.
JP disagrees with GB’s comments on the definition being long and confusing and wants to keep
the definition statement as proposed except that they agree with GB that “emotionally” should be
deleted from paragraph 9, bullet 1. Rapporteur has made this change.
JP would like to have more details added to the portions of the definition statement covering
group A61J 9/00 (i.e., feeding bottles) and group A61J 11/00 (i.e., teats). Rapporteur has made
some changes to these paragraphs to address both GB and JP’s concerns.
JP disagrees with GB statements with regard to paragraph 1 of the definition statement and thinks
that the 2nd and 3rd bullets of paragraph 1 are within the scope of subclass A61J if the examples to
the group A61M 31/00 and group A61M 35/00 subject matter are removed. Rapporteur agrees
with JP and has removed the examples from the 2nd and 3rd bullets.
EP
In addition to the EP proposed changes covered in JP’s comments, EP is concerned that the 8th
paragraph of the definition statement is too broad and should be limited to orally administering
only “liquid or semi-liquid” types of food. Rapporteur thinks EP’s suggested addition to this
paragraph makes it much narrower in scope than the terminology that is used in the Subclass title
“devices for administering food”. Rapporteur intended the 8th paragraph of the definition
statement to cover orally administering of foods by means other than the “orally administering
foods using feeding bottles” that is covered by group A61J 9/00. Orally administering foods
using feeding bottles is already fully covered by the 6th and 7th paragraphs of the definition
statement.
Rapporteur is unsure of what residual type of means for administering solid or semisolid foods
that subclass A61J would cover based on the 8th paragraph of the definition statement. However,
it should cover any residual means for administering solid or semisolid foods that is specially
adapted to be used for medical purposes proper for subclass A61J (e.g., solid food held by an
apparatus/handle/dispenser that allows a baby/patient to suck nutrients from the food’s exterior
surface as it softens) provided that it is not explicitly covered elsewhere in another subclass.
Several examples of this type residual subject matter were found by Rapporteur in a very short
search in the ECLA subclass A61J (e.g., WO9509554 that shows an elongate food dispensing
container of mesh material with the end of the container having an aperture permitting semi-solid
food to be inserted therein, GB1332175 that shows a combination unit for feeding liquid and
solid food).
Rapporteur fully agrees with EP that the only means for administering foods covered specifically
in the subclass A61J scheme are those for foods that are liquid or fluent (not semi-liquid since
some of the foods of this type may not flow or cannot be sucked) in nature. For example, EPO
experts classified patent document WO03010068 in the subclass A61J scheme and this document
relates to a food dispenser and feeding spoon combination for pursed and mashed baby foods and
this is clearly not liquid or semi-liquid food.
Therefore, Rapporteur has not added a limitation similar to the one suggested by EP at this time.
Rapporteur would like other Offices to confirm that this limitation is essential before making this
addition. If this limitation is necessary, Rapporteur will restrict the 8th paragraph to “liquid or
fluent foods”. However, if this is done the ALS should recommend narrowing the subclass title to
reflect any added limitations to this paragraph since subclass A61J could not provide for any
residual invention information for solid or semisolid foods that could otherwise be covered based
on the current subclass title.
EP also thinks the 12th paragraph of the definition statement is not needed since it is common
practice to provide for this type of subcomponents with the combination. Rapporteur agrees this
practice is common but it is not universal. Rapporteur has narrowed this paragraph’s scope by
the addition of the terminology “ – that are not provided for in another subclass” to make the need
for this paragraph clearer. In the “relationship between large subject matter areas” section the
word entertaining in the 1st statement was changed to “interesting” and the statement rearranged
to address EP’s concerns. Rapporteur also added the informative reference to A61B19/02 EP
requested.
DE
DE supports most of Rapporteur’s proposal, but DE experts classify some of the subject matter
(e.g., internal feeding) treated in this definition in a different way than is indicated. Some of the
deletions, changes and additions that DE indicates are needed (e.g., for parenteral feeding) have
already been noted and covered in the above changes suggested by EP and JP.
In addition to the references already indicated, DE would like a limiting reference added to group
A61M 5/14 (for parenteral feeding) and group A61M 25/00 (for internal feeding). Rapporteur
has added these references to the definition but thinks the reference only clarify the line with
regard to parenteral feeding and not internal feeding. As far as Rapporteur can determine, the line
between subclass A61M and A61J varies between the Offices with regard to internal type
feeding. Therefore, no additional changes have been made to the definition statement of this
subclass beyond adding DE proposed limiting references since this subclass must include at least
some forms of internal feeding within its coverage.
DE also suggests useful information type references to several groups. Some of these do not
seem to be proper based on other changes made above. Rapporteur has added only some of the
references suggested to subclass A61K groups. The reference to group A61K 9/00 alone would
clearly cover all of its indented groups, but since the suggested references to groups A61K 9/02
and A61K 9/048 are specially adapted for use in body cavities they have also been specified. The
others suggested references to subclass A61K should be added to the definitions of the most
appropriate groups of the scheme. Only one of the references to subclass A61M groups (A61M
37/00) was added since the other suggested references were already added as limiting references
based JP and EP’s comments. All of the remaining references suggested by DE were added or
used to modify the existing references.
GB
GB is concerned with the length of the definition statement and would in general prefer that
definition statements merely restate their subclass or main group titles. Rapporteur understands
the reasoning behind GB comments and in some situations they are correct. However, the very
terms that were used for its examples in its comments have several meanings, or different
meanings, in American (and British) than those intended in this definition (see the synonyms and
keywords section of the proposed definition). Therefore, it is essential that the actual meaning of
each of these terms that was intended for this subclass be clearly stated in the definition. This
does make a definition statement longer, but it also makes it useful. In fact, it is the exact
opposite of mere paraphrasing.
Rapporteur has generally modified the Glossary terms as GB suggested and JP agrees with except
Rapporteur used “care providers” and not “staff” to replace “caretaker” so that older British
people unaware of the new usage of this term are not confused. The reason “staff” was not
originally used is that ‘staff’ is already used in the example and is broader in scope than is proper
(e.g., it would include for example the book keepers of a hospital that have nothing to do with
taking care of or attending to patients).