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 .
Response to Amendment
Applicant has amended claim 1, canceled claim 6, and added claim 8. Claims 1-5 and 7-8 remain pending.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perouse (US Pat. No. 6110147, henceforth Perouse, previously made of record).
Regarding claim 1, Perouse discloses a fluid product injection device (the assembly of fig. 5 is the claimed injection device) comprising: a syringe (injection syringe 100, fig. 5, which includes block 134) comprising a reservoir (syringe body 112, fig. 5) containing fluid product configured to be injected (fluid to be injected 128, fig. 5) in an injection (see Col. 6 lines 15-17), a piston (membrane 138, fig. 5) being arranged so as to be axially movable in said reservoir (see figs. 5-8, membrane 138 moves closer to injection needle 120 in fig. 8 compared to fig. 5) and a needle (injection needle 120, fig. 5) provided with an injection tip (front end 120A, fig. 5) being attached to said reservoir (see fig. 6, needle 120 is connected to syringe body 112 as shown), a piston rod (plunger rod 114, fig. 5) axially movable relative to said reservoir (see figs. 5-8, plunger rod 114 moves closer to injection needle 120 in fig. 8 compared to fig. 5) and configured to cooperate with said piston during the injection (see Col. 6 lines 60-63, plunger rod 114 is provided with membrane 138 and thus it is configured to cooperate with it) in order to move said piston axially in said reservoir (see figs. 5-8, syringe body 112 moves relative to membrane 138 as a result of the injection which is caused by actuation of plunger rod 114, thus this is disclosed), a sleeve (mobile needle protector 140, fig. 5) arranged around said syringe (see figs. 5 and 8, protector 140 is arranged to be radially surrounding injection device 100 especially at syringe body 112) while being axially movable relative to said reservoir (see figs. 5-8, protector 140 allows syringe body 112 to slide within it, thus it is axially movable relative to syringe body 112) between a rest position (position of fig. 6), in which said sleeve does not cover said injection tip of said needle (see fig. 6, the front end 120A of injection needle 120 is exposed such that it can be inserted into a tissue of patient P similar to what is shown in fig. 7), and a projecting position (position of fig. 8), in which said sleeve covers said injection tip of said needle (see fig. 8, the front end 120A of injection needle 120 is covered radially such that it cannot be accessed by a patient), said sleeve being in its rest position before actuation of the injection device (see figs. 5 and 6 and see Col. 2 lines 65-67, the position of fig. 5 is before use which is an actuation), wherein said sleeve is configured to be moved towards the projecting position after the injection of said fluid product (see fig. 8 and see Col. 3 lines 6-7, the position of fig. 8 is after withdrawal of the needle from the patient’s body which occurs during injection of said fluid product) with said piston rod configured to perform said movement of said sleeve (see Col. 7 lines 25-34), and wherein said sleeve includes internal tabs (locking means 148, fig. 6) that extend inside the syringe (locking means 148 sit inside block 134 where they pass through the slots of block 134, see Col. 6 lines 38-41).
Regarding claim 2, Perouse discloses the device wherein, in its rest position, said sleeve is connected to said syringe (see fig. 5, protector 140 is connected to syringe body 112 as shown).
Regarding claim 3, Perouse discloses the device wherein a second piston (front plunger 130, fig. 5) is arranged to move axially in the reservoir (see figs. 5-8, front plunger 130 moves relative to syringe body 112 as shown), said fluid product configured to be injected being arranged between said piston and said second piston (see fig. 5, fluid to be injected 128 is between front plunger 130 and membrane 138 as shown).
Regarding claim 4, Perouse discloses the device wherein said second piston is configured to be perforated by said needle (see figs. 5 and 6, injection needle 120 is shown as perforating front plunger 130 where it penetrates through it as shown) at a start of the actuation (this is the phase shown at fig. 6 since it is before the insertion of injection needle 120 into the tissue of patient P).
Regarding claim 5, Perouse discloses the device wherein said piston is configured to be perforated by said needle (see fig. 8, injection needle 120 perforates membrane 138).
Regarding claim 7, Perouse discloses the device wherein said device does not have a spring (see figs. 5-8, there is no spring shown).
Claim(s) 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Judd et al. (US 20080097337, henceforth Judd).
Regarding claim 8, Judd discloses a fluid product injection device (syringe 10, fig. 1) comprising: a syringe (syringe 10 excluding needle sheath 30, fig. 1) comprising a reservoir (fluid space 60, fig. 1) containing fluid product configured to be injected (see [0050]) in an injection (see [0050] and [0051]), a piston (plunger seal 23, fig. 1) being arranged so as to be axially movable in said reservoir (see fig. 7 and [0044]) and a needle (cannula 41, fig. 3A) provided with an injection tip (see fig. 3B, cannula 41 has a beveled edge which is an injection tip as claimed) being attached to said reservoir (see fig. 1), a piston rod (plunger rod 21, fig. 1) axially movable relative to said reservoir (see fig. 7 and [0044]) and configured to cooperate with said piston during the injection ([0044]) in order to move said piston axially in said reservoir ([0044]), a sleeve (needle sheath 30, fig. 3A) arranged around said syringe (see fig. 7; when the sheath is extended, it covers cannula 41 and thus is arranged around that portion of the syringe; additionally or alternatively, when the sheath is extended, it can be said to be arranged longitudinally around the end of the syringe since it extends distally to the distal most end of the syringe) while being axially movable relative to said reservoir (see fig. 7) between a rest position (see fig. 7 position A), in which said sleeve does not cover said injection tip of said needle (see fig. 7 position A), and a projecting position (see fig. 7 position C), in which said sleeve covers said injection tip of said needle (see fig. 7 position C), said sleeve being in its rest position before actuation of the injection device (this is the state of fig. 7 position A, see [0034]), wherein said sleeve is configured to be moved towards the projecting position after the injection of said fluid product (see [0051]) with said piston rod configured to perform said movement of said sleeve (see [0051] and [0052]), and wherein said sleeve includes internal tabs (stepped or barbed ends 33, fig. 3A) that extend inside the syringe (see fig. 3A, the ends 33 extend within inside wall 18 of barrel 11 which defines reservoir 60) wherein said internal tabs extend inside the syringe from a distal end of the reservoir (see fig. 3A) to which the needle is attached (see fig. 3A, cannula 41 is attached via needle mount 40).
Response to Arguments
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive.
Applicant has argued that Perouse does not disclose the device as claimed. Examiner respectfully disagrees; as indicated in the previous rejection, block 134 is considered to be a part of the syringe as claimed, and since the tabs of Perouse are inside of that block, the tabs are inside of the syringe as claimed.
Additionally, regarding claim 8, Examiner notes that Judd discloses the device of claim 1 but is not relied upon for the rejection of claim 1 in the rejection.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 SAMUEL J MARRISON whose telephone number is (703)756-1927. The examiner can normally be reached M-F 7:00a-3:30p ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached on (571) 272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMUEL J MARRISON/Examiner, Art Unit 3783
/EMILY L SCHMIDT/Primary Examiner, Art Unit 3783