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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 6/17/26 is acknowledged.
Claims 13-19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/17/26.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the rotations lock of claim 8, a locking follower of claim 10 and the cartridge follower must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3, 9, 12 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites locking features for coupling the firing assembly to the cartridge. It is unclear if this coupling is the coupling point recited in claim 1. For purposes of examination the coupling point is considered to be these two locking features recited in claim 3.
Claim 9 recites “the axial coupling” which has not been previously recited and therefore has not antecedent basis. However, it appears this may refer to the coupling point that is recited in claim 1. Therefore, for purposes of examination the axial coupling is being considered the same as the coupling point.
Claim 12 recites “the, or a further, ramped surface” without proper antecedent basis for a first ramped surface. For purposes of examination the ramped surface is being interpreted to be the same as the angled surface that is previously introduced in the claim.
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.
Claim(s) 1-12 and 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dobson et al. (WO 2018/167498 A1).
With regard to claim 1, Dobson discloses A plunger assembly (Fig. 10) for use with an auto-injector (Fig. 1a), the plunger assembly comprising: a cartridge (Fig. 11c); and a firing assembly comprising a plunger rod (36, Fig. 11a) and a drive portion (38), the firing assembly being axially moveable relative to the cartridge (see Fig. 18h), wherein the firing assembly is configured to couple to the cartridge at a coupling point along a length of the cartridge to fix an axial position of the drive portion relative to the cartridge (p.16, lines 24-31, the coupling point is not structurally defined, thus the fact that the firing assembly fits within the cartridge indicates some type of coupling), and wherein the length of the cartridge is configured to be extended in a rearward direction such that the coupling point and a forward end of the plunger rod move rearwards (p. 17, lines 4-24, the firing cartridge is movable within the cartridge 32 the drive assembly changes length).
With regard to claim 2, Dobson discloses wherein the firing assembly is telescopically received within the cartridge (see between Fig. 18g and Fig. 18h).
With regard to claim 3, Dobson discloses further comprising firing assembly locking features (40) configured to engage with cartridge locking features (46) for coupling the firing assembly to the cartridge (p. 30, lines 12-15).
With regard to claim 4, Dobson discloses wherein the firing assembly locking features are configured to engage with the cartridge locking features under relative rotation between the firing assembly and the cartridge (p. 30, lines 12-15; p. 33, lines 7-15).
With regard to claim 5, Dobson discloses wherein the cartridge comprises a first portion (either of 42 or 43) and a second portion (either of 42 and 43), axially moveable relative to the first portion for extending the length of the cartridge rearwards (43 and 42 are separate pieces and thus are attached to one another and considered moveable relative to one another that allows for the first portion to extend proximally).
With regard to claim 6, Dobson discloses wherein the first portion (43) is forward of the second portion (42), and wherein the firing assembly is configured to couple to the second portion (as seen in Fig. 10).
With regard to claim 7, Dobson discloses wherein one of the first and second portions of the cartridge comprises an angled surface (44) configured to interact with a cartridge follower on the other of the first and second portions of the cartridge (the cartridge follower is not positively recited and therefore not required to be taught by the prior art) and configured to ride over the angled surface, and wherein extending the cartridge rearwards comprises rotating the second portion relative to the first portion to cause the corresponding feature to ride over the angled surface (p. 30, lines 12-15, p. 33, lines 7-15).
With regard to claim 8, Dobson discloses wherein the first portion further comprises a rotation lock (46) configured to rotationally fix the first portion relative to a housing of the auto-injector.
With regard to claim 9, Dobson discloses further comprising an actuator (121) axially coupled to the cartridge such that an axial force applied to the actuator inserts the cartridge into the auto-injector (p. 36, lines 10-14; p. 34, lines 28-p. 35, line 24), wherein an axial coupling is configured to be overcome on continued application of the axial force when forward movement of the cartridge is prevented, and wherein the actuator further comprises a cartridge coupler configured to couple the firing assembly to the cartridge on the continued application of the axial force (p. 36, lines 10-14; p. 34, lines 28-p. 35, line 24).
With regard to claim 10, Dobson discloses wherein one of the actuator and cartridge comprises an angled surface (44) that is configured to interact with a locking follower on the other of the actuator or the cartridge for translating, at least partially, the continued application of the axial force into a rotational force, and wherein the angled surface and the locking follower are configured to provide the axial coupling (the follower is not positively claimed and therefore not required to be taught by the prior art, p. 34, lines 6-8).
With regard to claim 11, Dobson discloses wherein the actuator comprises a sleeve configured to receive the cartridge therein (121 is considered a sleeve that surrounds the cartridge).
With regard to claim 12, Dobson discloses wherein one of the first and second portions of the cartridge comprises an angled surface (44) configured to interact with a cartridge follower (the cartridge follower is not positively claimed and is therefore not required to be taught by the prior art) on the other of the first and second portions of the cartridge and configured to ride over the angled surface, wherein extending the cartridge rearwards comprises rotating the second portion relative to the first portion to cause the corresponding feature to ride over the angled surface (see between Fig. 18g and 18h), and wherein the, or a further, ramped surface (44) is configured to interact with the locking follower, or a further follower, for rotating the second portion of the cartridge relative to the first portion of the cartridge (the followers are not positively recited by the claims and therefore not required to be taught by the prior art).
With regard to claim 31, Dobson discloses an auto-injector (Fig. 1a) comprising the plunger assembly of claim 1 (see rejection above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN P FARRAR whose telephone number is (571)270-1496. The examiner can normally be reached Monday - Friday 9am - 5pm.
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/Lauren P Farrar/Primary Examiner, Art Unit 3783
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