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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/15/2026 has been entered.
Response to Amendment
Applicant has amended claim 1. 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 Judd et al. (US 20080097337, henceforth Judd, previously made of record).
Regarding claim 1, 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 bounded by wall 18, 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 and protective cap 90, figs. 1 and 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 reservoir of the syringe (see fig. 3A, the ends 33 extend within inside wall 18 of barrel 11 which defines reservoir 60) and tabs or an outer sleeve that extends outside the reservoir of the syringe (protective cap 90 is an outer sleeve which extends longitudinally and radially outside of the distal end of the reservoir of the syringe formed by walls 18, see fig. 1).
Regarding claim 2, Judd discloses the device wherein, in its rest position, said sleeve is connected to said syringe (see fig. 1, the sleeve is connected to the syringe in the pre-use state as shown).
Regarding claim 3, Judd discloses the device wherein a second piston (sheath seal 50, fig. 3A) is arranged to move axially in the reservoir (see [0051]), said fluid product configured to be injected being arranged between said piston and said second piston (see fig. 1).
Regarding claim 4, Judd discloses the device wherein said second piston is configured to be perforated by said needle (see fig. 4, seal 50 is perforated by cannula 41 as claimed) at a start of the actuation (fig. 4 is a state after a pre-use state and is thus considered to be at a start of actuation as claimed).
Regarding claim 5, Judd discloses the device wherein said piston is configured to be perforated by said needle (see fig. 4, seal 23 is shown as perforated as claimed).
Regarding claim 7, Judd discloses the device wherein said device does not have a spring (see figs. 1-5 the device does not have a spring as claimed).
Regarding claim 8, Judd discloses the device 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 with respect to claim(s) 1 regarding Perouse 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.
Applicant's arguments filed 06/16/2026 regarding Judd have been fully considered but they are not persuasive.
Applicant has argued that Judd does not disclose the outer sleeve as claimed; Examiner notes that Judd discloses cap 90 which is sleeve shaped where it is a hollow cylinder and is configured as claimed. Examiner additionally notes that in a different, non-relied upon interpretation, Judd could be considered to disclose an outer sleeve that extends outside of the reservoir of the syringe which is the distalmost surface of sheath body 31 which is a sleeve shape as it has a central aperture which is cannula bore 35 and extends outside of the reservoir of the syringe where it extends distally to the distalmost end surface of wall 18 in the pre-use state as shown in fig. 3A.
Conclusion
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
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