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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jugl et al. (US 20220168509), hereinafter: “Jugl”.
In Regard to Claim 1
Jugl teaches:
An injection device(1) for receiving a medicament container(P[0057]) comprising moveable means(6 or 8; P[0057],P[0064]-P[0067]), the injection device being configured such that before injection an information code(5) is not visible(“first state”; Fig 3A,4A; P[0065]) and such that during or after injection the moveable means moves to allow the code to be visible(“second state”; Fig 3B,4B; P[0065]).
In Regard to Claim 2
Jugl teaches:
An injection device as claimed in claim 1(see rejection of claim 1 above) wherein the injection device comprises a housing(2) including a transparent area(7), wherein the moveable means moves from a position where the information code cannot be viewed through the transparent area to a position where the information code can be viewed through the transparent area(visually apparent in Fig 3A-3B; P[0065]-P[0067]).
In Regard to Claim 3
Jugl teaches:
An injection device as claimed in claim 2(see rejection of claim 2 above) wherein the moveable means is a plunger(8 is a plunger; P[0057], P[0064]-P[0067]) and the information code is situated on the plunger(P[0065]-P[0067]), the plunger moving from a start position(“first state”; P[0065]-[0067]) in which the information code cannot be viewed to a final position(“second state”; P[0065]-[0067]) where the information code can be viewed.
In Regard to Claim 4
Jugl teaches:
An injection device as claimed in claim 2(see rejection of claim 2 above) wherein the transparent area comprises a transparent area in the material of the housing(P[0057]).
In Regard to Claim 5
Jugl teaches:
An injection device as claimed in claim 1(see rejection of claim 1 above) wherein the moveable means is a needle shroud(6; P[0064]-P[0067]); Fig 4A-4B) and the information code is on the medicament container(P[0067]), the needle shroud moving from a position where it covers the information code in order that the information code cannot be viewed(“first position”, “first state”, P[0065]-P[0067]; Fig 4A-4B) to a position where the information code can be viewed(“second position”, “second state”, P[0065]-P[0067]; Fig 4A-4B).
In Regard to Claim 6
Jugl teaches:
An injection device as claimed in claim 1(see rejection of claim 1 above) wherein the moveable means comprises a needle shroud(6; P[0064]-P[0067]); Fig 4A-4B), the information code being carried on the needle shroud(P[0067]-P[0069]; Fig 4A-4B), wherein the needle shroud moves from a position where it is at least partially contained within a housing of the injection device and the information code is not visible(P[0069]; as viewed in Fig 4A) to a position where the needle shroud extends from the housing and the information code is visible(P[0069]; as viewed in Fig 4B).
In Regard to Claim 7
Jugl teaches:
An injection device as claimed in claim 1(see rejection of claim 1 above) wherein the injection device comprises an auto-injector(P[0038], P[0045]).
In Regard to Claim 8
Jugl teaches:
An injection device as claimed in claim 1(see rejection of claim 1 above) wherein the information code comprises a bar code or a QR code(P[0071]).
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20200108211 A1
JACOBSEN; Peter Blaabjerg
US 20250235625 A1
Larsen; Andre
US 20170312457 A1
DeSalvo; David et al.
US 11357926 B2
Larsen; Andre
US 8728033 B2
Watanabe; Atsushi et al.
US 10213554 B2
Andersen; Jens Christian et al.
US 10503876 B2
Gofman; Igor Y. et al.
US 11357921 B2
Reisenhus; Michael Bech
US 10643744 B2
Hopper; Kevin et al.
US 7161488 B2
Frasch; Eugen
US 11672914 B2
Toporek; Maurice
US 20170312457 A1
DESALVO D et al.
The above references are cited for teachings similar injection devices with visible information codes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P WOLCOTT whose telephone number is (571)272-9837. The examiner can normally be reached M-F 8:00am-4:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Court D. Heinle can be reached at (571) 270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN P WOLCOTT/Primary Examiner, Art Unit 3745