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 .
Status of Claims
This office action is responsive to the amendment filed 7 January 2026.
Claims 1-8 are canceled.
Claim 9 is amended.
Claims 9-17 are presently pending in this application.
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.
Claims 9-17 are rejected under 35 U.S.C. 103 as being unpatentable over Weston (US Patent No. 5480381 A), in view of Young (US Patent Publication No. 20180361078 A1).
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Regarding claim 9, Weston discloses a device (Weston: Fig. 1, injector) for administering a fluid, comprising a cylinder (Fig. 1, metering chamber 31), including an open dispensing end (Fig. 1, nozzle 20); a piston (Fig. 1, piston 7), which is displaceable in the cylinder (Fig. 1 and 2, piston 7 moves within chamber 31) between a front end position (Fig. 2) and a rear end position (Fig. 1) and is connected to a piston rod (Fig. 1, comprising piston 7’s length and connecting rod 6) such that the piston moves in unison with the piston rod (Fig. 1, piston 7 and connecting rod 6 travel together in unison; col 5, ln 37-55) which, along a first direction (Fig. 1, axis Y towards proximal end of device), protrudes from a rear end of the cylinder (Fig. 1, metering chamber 31) opposite the open dispensing end (Fig. 1, piston 7’s length protrudes from rear end of chamber 31); a nonreturn valve (Fig. 1, valve 19 is a non-return valve; col 3, ln 59-67) closing the open dispensing end (Fig. 1, valve 19 sealingly closes off distal end of chamber 31); and a tensioning device (Fig. 1, comprising compression spring 5 and cylindrical cam 11) connected to the piston rod (Fig. 1, compression spring is connected to connecting rod 6), including a ramp (Fig. 1, cylindrical cam 11) which is rotatable via a motor (Fig. 1, motor-gearbox assembly 4), and a ramp track (Fig. 1 above, ramp track X) extending along a helical line (Fig. 1, ramp track X extends along a helical line of the cam 11), wherein the tensioning device (Fig. 1, comprising compression spring 5 and cylindrical cam 11) can move the piston rod (Fig. 1, comprising piston 7’s length and connecting rod 6) along the first direction (Fig. 2 to 1, piston 7 moves backwards) in a tensioning procedure (col 5, ln 37 – col 6 ln 12) until the piston is in the rear end position (Fig. 1), thereby filling the cylinder (Fig. 1, metering chamber 31) with the fluid to be administered (Fig. 1, injector draws liquid into chamber 31 and is loaded ready for use; col 5, ln 37-55), and to pretension the piston rod (Fig. 1, comprising piston 7’s length and connecting rod 6) toward the open dispensing end (Fig. 1 and 2, piston 7 is pretensioned towards nozzle 20), wherein the tensioning device (Fig. 1, comprising compression spring 5 and cylindrical cam 11), when the piston (Fig. 1, piston 7) is in its rear end position (Fig. 1), can release the piston rod (Fig. 1, comprising piston 7’s length and connecting rod 6) in a dispensing procedure (Fig. 2, injector has discharged fluid in administration procedure; col 5, ln 56 – col 6, ln 12) such that, owing to the pretension which is present (Fig. 1, compression spring 5 is compressed), the piston (Fig. 2, piston 7) is moved counter to the first direction toward the open dispensing end (Fig. 2, piston 7 moves towards nozzle 20) and, in the process, fluid in the cylinder (Fig. 1, metering chamber 31) is dispensed via the nonreturn valve (Fig. 2, liquid travels through valve 19 during administration; col 5, ln 56 – col 6 ln 12) for administration (Fig. 2, injector has discharged fluid in administration procedure; col 5, ln 56 – col 6, ln 12), wherein the ramp track (Fig. 1 above, ramp track X) ascends from a first plateau (Fig. 1 above and 6, first plateau Y, signified as a plateau Before reference A) along a region of inclination (Fig. 6 above, ramp track X where reference A travels) to a second plateau (Fig. 1 above and 6, second plateau Y, signified as the area where reference B rests) and descends from the second plateau (Fig. 1 above, second plateau Z) to the first plateau (Fig. 1 above, first plateau Y) via a transition flank (Fig. 6 above, area of ramp track X where reference C slides across), wherein the ramp track (Fig. 1 above, ramp track X) has a transfer region (Fig. 6 above, transfer region D) connecting the second plateau (Fig. 1 above and 6, second plateau Y, signified as the area where reference B rests) and the transition flank (Fig. 6 above, area of ramp track X where reference C slides across), wherein the tensioning device (Fig. 1, comprising compression spring 5 and cylindrical cam 11) includes a roller (Fig. 1, cam follower 10) which is in contact with the ramp track (Fig. 1, follower 10 contacts ramp track X) and which is mounted rotatably in a driver (Fig. 1 above, follower 10 is mounted to driver E), the driver (Fig. 1 above, driver E) being connected to the piston rod (Fig. 1 above, driver E is connected to connection rod 6), and therefore, upon rotation of the ramp along a first rotation direction (Fig. 6 above, rotation occurs from reference A to B; col 5, ln 37-55), the ramp track (Fig. 1 above, ramp track X) runs below the thus rotating roller (Fig. 6 above, ramp track X runs below follower 10), wherein, in the tensioning procedure (col 5, ln 37 – col 6 ln 12), the ramp track (Fig. 1 above, ramp track X) rotates along the first rotation direction (Fig. 6 above, rotation occurs from reference A to B; col 5, ln 37-55) such that the roller (Fig. 1, cam follower 10) runs on the region of inclination (Fig. 6 above, ramp track X where reference A travels) as far as the second plateau (Fig. 1 above, second plateau Z) and the piston (Fig. 1, piston 7) thereby moves to the rear end position (Fig. 1, piston 7 is retracted; col 5, ln 37-55), wherein, in the dispensing procedure (Fig. 2, col 5, ln 37 – col 6 ln 12), starting from a contact of the roller (Fig. 1, cam follower 10) with the second plateau (Fig. 1 above, second plateau Z), the ramp track (Fig. 1 above, ramp track X) rotates along the first rotation direction (Fig. 6 above, rotation occurs from reference A to B; col 5, ln 37-55) until the roller (Fig. 1, cam follower 10) runs over the transfer region (Fig. 6 above, cam follower 10 must travel across transfer region D) and, on account of the tensioning, accelerates toward the first plateau (Fig. 6 above, signified by reference C, follower 10 accelerates towards first plateau Y) and, as a result, the piston (Fig. 1, piston 7) moves toward the open dispensing end (Fig. 2, piston 7 moves toward nozzle 20), wherein the administering device (Fig. 1, injector) includes precisely one cylinder (Fig. 1, metering chamber 31), precisely one piston (Fig. 1, piston 7) and precisely one piston rod (Fig. 1, comprising piston 7 and connection rod 6), and wherein the tensioning device (Fig. 1, comprising compression spring 5 and cylindrical cam 11) comprises a helical spring (Fig. 1, compression spring 5 is helical) which, when the piston is in the rear end position (Fig. 1), contribute to the pretensioning which is present (Fig. 1, compression spring 5 is compressed).
Weston does not expressly disclose the tensioning device comprises two helical springs which run parallel to each other and which both, when the piston is in the rear end position, contribute to the pretensioning which is present.
Young teaches a tensioning device (Young: Fig. 12, drive springs 4) comprising two helical springs (Fig. 12, springs 4 are helical) which run parallel to each other (Fig. 12, springs 4 are parallel with each other) and which both, when a piston is in a rear end position (Fig. 6), contribute to a pretensioning which is present (drive springs 4 are pretensioned; para. 0071).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the tensioning device of Weston such that the tensioning device comprises two helical springs which run parallel to each other and which both, when the piston is in the rear end position, contribute to the pretensioning which is present as taught by Young in order to not require the use of a very large or powerful spring (Young: para. 0014).
Regarding claim 10, Weston in view of Young discloses the device above.
Weston does not expressly disclose that the two helical springs are arranged spaced apart from each other transversely with respect to their longitudinal directions.
Young teaches two helical springs (Fig. 12, springs 4 are helical) that are arranged spaced apart from each other transversely with respect to their longitudinal directions (Fig. 12, springs 4 are spaced out transversely).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the tensioning device of Weston such that the two helical springs are arranged spaced apart from each other transversely with respect to their longitudinal directions as taught by Young in order to allow equal distribution of drive force (Young: para. 0071 and 0084).
Regarding claim 11, Weston in view of Young discloses the device above.
Weston does not expressly disclose the two helical springs have the same dimensions.
Young teaches two helical springs (Fig. 12, springs 4 are helical) that have the same dimensions (Fig. 12, springs 4 are identical in shape and size).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the tensioning device of Weston such that the two helical springs have the same dimensions as taught by Young in order to allow equal distribution of drive force (Young: para. 0071 and 0084).
Regarding claim 12, Weston in view of Young discloses the device above.
Weston does not expressly disclose the two helical springs have the same dimensions.
Young teaches two helical springs (Fig. 12, springs 4 are helical) that have the same dimensions (Fig. 12, springs 4 are identical in shape and size).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the tensioning device of Weston such that the two helical springs have the same dimensions as taught by Young in order to allow equal distribution of drive force (Young: para. 0071 and 0084).
Regarding claim 13, Weston in view of Young discloses the device above.
Weston does not expressly disclose the two helical springs are arranged such that their longitudinal directions are parallel to a longitudinal direction of the piston rod.
Young teaches two helical springs (Fig. 12, springs 4 are helical) are arranged such that their longitudinal directions are parallel to a longitudinal direction of a piston rod (Fig. 12, springs 4 are parallel with plunger rod 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the tensioning device of Weston such that the two helical springs are arranged such that their longitudinal directions are parallel to a longitudinal direction of the piston rod as taught by Young in order to allow the springs to expand parallel to the axis of the assembly during operation (Young: para. 0097).
Regarding claim 14, Weston in view of Young discloses the device above.
Weston does not expressly disclose the two helical springs are compression springs.
Young teaches two helical springs (Fig. 12, springs 4 are helical) are compression springs (springs 4 become compressed during operation; para. 0071).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the tensioning device of Weston such that the two helical springs are compression springs as taught by Young in order to allow for a significant drive force (Young: para. 0071).
Regarding claim 15, Weston in view of Young discloses the device above.
Weston does not expressly disclose the piston rod is connected to two guide rods via a connecting part, and wherein the guide rods extend within the two helical springs.
Young teaches a piston rod (Fig. 12, piston rod 2) is connected to two guide rods (Fig. 9, yoke 7 comprises rods from thrust faces 21) via a connecting part (Fig. 9, yoke 7), and wherein the guide rods (Fig. 9, yoke 7 comprises rods from thrust faces 21) extend within two helical springs (Fig. 12, rods from yoke 7 extend through springs 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Weston such that the piston rod is connected to two guide rods via a connecting part, and wherein the guide rods extend within the two helical springs as taught by Young in order to apply the spring load onto the plunger rod (Young: para. 0085).
Regarding claim 16, Weston in view of Young discloses the device above.
Weston does not expressly disclose the tensioning device includes at least three helical springs running parallel to one another.
Young teaches a tensioning device (Young: Fig. 6, comprising springs 4 and sensor springs 14) that includes at least three helical springs (Fig. 6, there are a total of four springs between springs 4 and 14) running parallel to one another (Fig. 6, all springs run parallel with one another).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Weston such that the tensioning device includes at least three helical springs running parallel to one another as taught by Young in order to allow for an activation mechanism for the drive springs (Young: para. 0028).
Regarding claim 17, Weston in view of Young discloses the device above.
Weston does not expressly disclose the at least three helical springs are arranged symmetrically with respect to the motor in a plane perpendicular to a longitudinal direction of the helical springs.
Young teaches at least three helical springs (Fig. 6, springs 4 and sensor springs 14 are helical) are arranged symmetrically with respect to the center of a device (Fig. 6, springs 4 and sensor springs 14 are arranged symmetrically with respect to the center axis of the device) in a plane perpendicular to a longitudinal direction of the helical springs (Fig. 6, springs 4 and sensor springs 14 are arranged symmetrically with respect to the center axis of the device).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Weston such that the at least three helical springs are arranged symmetrically with respect to the motor in a plane perpendicular to a longitudinal direction of the helical springs as taught by Young in order to allow for an activation mechanism for the drive springs (Young: para. 0028). Examiner interprets that if the helical springs of Young were combined with the device of Weston, it would be obvious that they would be arranged symmetrically with respect to the motor. Additionally, It would have been an obvious matter of design choice to arrange the helical springs into whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Response to Arguments
Applicant's arguments filed 7 January 2026 have been fully considered but they are not persuasive.
Applicant argues that the piston of Weston is connected to the piston rod such that the piston moves in unison with the piston rod.
The broadest reasonable interpretation of the term “moves in unison” requires only that the piston move in the same direction and timing as the piston rod. Weston teaches that the connecting rod 6 and the piston 7 travel together (Weston: col 5, ln 46-50).
Applicant also argues that Weston cannot be modified in view of Young, as the combination would render the invention of Weston inoperable, as doing so “would introduce a rotational force on the connecting rod 6 to cause it to bind in the bearings 8, 9 to such a degree that it would function poorly or not at all”.
Applicant has not provided adequate reasoning as to how a rotational force would be applied to the connecting rod 6.
Applicant also argues that the ramp track of Weston lacks a transfer region connecting the second plateau and the transition flank.
Weston teaches, in Fig. 6 annotated above, the region D is a region between the second plateau and the transition flank (Fig. 6 above, area of ramp track X where reference C slides across). The broadest reasonable interpretation of a “transfer region” need only require a region which exists between the second plateau and the transition flank.
Therefore, for the reasons stated above, the rejection is maintained.
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.
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/LEI GONZALEZ/Examiner, Art Unit 3783
/SCOTT J MEDWAY/Primary Examiner, Art Unit 3783
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