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 .
Specification
The replacement Abstract and amended Specification filed 1/22/2026 are acceptable.
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, 9, 10 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deng et al. (PG PUB 2004/0220602).
Re claim 1, Deng discloses a cover (the entirety of which is seen in Fig 17; it is noted that all reference characters cited below refer to Fig 17 unless otherwise noted) for a medical injection device, said medical injection device having a hub portion defined at its distal end (it is noted that the italicized phrase is a functional recitation and, therefore, “a medical injection device” having “a hub portion” defined at a “distal end” is not a part of the claimed invention; this limitation is met since one of ordinary skill in the art would recognize that a complimentary-shaped hub portion could be received within the cavity formed between tabs 214 of inner casing 208), said cover comprising: an outer casing 38a formed of a first material (“rigid plastic”, Para 49), said outer casing having a distal end (to the right in Fig 17) and a proximal end (to the left in Fig 17), an inner casing 208 formed of a second material different from said first material (Para 86 sets forth that arms 212 of casing 208 flex into openings 132a of outer casing 38a; therefore, the material of inner casing 208 must be a flexible material, which is not a “rigid plastic” as in outer casing 38a) and defining a cavity (between tabs 214 in Fig 17) capable of receiving in a sealing way at least part of the hub portion (as set forth above, the “hub portion” is not a part of the claimed invention; this limitation is met since one of ordinary skill in the art would recognize that tabs 214 would form a seal with a hypothetical complimentary-shaped hub portion), said inner casing having a distal end (to the right in Fig 17) and a proximal end (to the left in Fig 17), and being at least partly inserted within the outer casing and at least partially in contact with the outer casing (as seen in Fig 17), and at least one substantially ring-shaped Radio Frequency Identification (RFID) tag 194 embedded within the outer casing (as seen in Fig 17; the term “embedded” can be defined under broadest reasonable interpretation as “being fixed firmly in a surrounding mass”1; because the tag 194 is surrounded by the outer casing 38a and fixed firmly therein (due to the locking of inner casing 208 in outer casing 38a as described in Para 86), it is “embedded within” outer casing 38a as claimed), said at least one substantially ring-shaped RFID tag comprising a RFID chip 190 connected to at least one substantially ring-shaped RFID antenna 192 (Para 76).
Re claim 2, Deng discloses that the at least one substantially ring-shaped RFID tag is located between the outer casing and the inner casing (as seen in Fig 17, tag 194 is located between step 204 of outer casing 38a and the distal end wall of inner casing 208).
Re claim 3, Deng discloses that the at least one substantially ring-shaped RFID tag is located at the distal end of the outer casing and the distal end of the inner casing, at a middle portion of the outer casing, or at the proximal end of the outer casing and the proximal end of the inner casing (as seen in Fig 17, tag 194 is located at a middle portion of the outer casing 38a).
Re claim 4, Deng discloses that the at least one substantially ring-shaped RFID tag is located on a top inner wall 204 of the outer casing or on a top outer wall (the “top outer wall” is the portion of inner casing 208 that extends distally from the portion of inner casing 208 that forms tabs 212 and 214, labeled in Fig A below) of the inner casing (as seen in Fig 17).
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Re claim 5, Deng discloses that the at least one substantially ring-shaped RFID tag is located between a top inner wall 204 of the outer casing and a top outer wall (the “top outer wall” is the portion of inner casing 208 that extends distally from the portion of inner casing 208 that forms tabs 212 and 214, labeled in Fig A above) of the inner casing (as seen in Fig 17).
Re claim 9, Deng discloses that the at least one substantially ring-shaped RFID antenna comprises two extremities (labeled in annotated Fig B below, wherein each “extremity” is the portion of 192 located in the respective box), each extremity being linked to a portion of the RFID chip (as seen in Fig 13 and Fig B below, the first extremity is “linked” to an upper portion of chip 190 in Fig 13 and the second extremity is “linked” to a lower portion of chip 190 in Fig 13).
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Re claim 10, Deng discloses that the at least one substantially ring-shaped RFID antenna comprises two legs (as seen in Fig 13 and Para 76, the antenna 192 is a coil having approximately 4 windings; the “first leg” is interpreted as the half of the conductor that extends from the “first extremity” as labeled in Fig B above and the “second leg” is interpreted as the half of the conductor that extends from the “second extremity” as labeled in Fig B above; in other words, if the entire length of the antenna 192 = X, then the “first leg” has a length = 0.5X extending from the “first extremity” and the “second leg” has a length = 0.5X extending from the “second extremity”) including respectively a first extremity and a second extremity (as labeled in annotated Fig B above, wherein each “extremity” is the portion of 192 located in the respective box; it is noted that the term “respectively” means that the “first extremity” belongs to a first leg of the two legs and the “second extremity” belongs to a second leg of the two legs), each first extremity of the legs being linked to a portion of the RFID chip (as seen in Fig 13 and Fig B above, the first extremity is “linked” to an upper portion of the chip 190 in Fig 13).
Re claim 13, Deng discloses a method for manufacturing the cover (as seen in Fig 17) comprising the inner casing 208 and the outer casing 38a according to claim 1 (please see the rejection of claim 1 above for explanation for how the cover of Fig 17 reads on all claimed components of the “cover” of claim 1; all reference characters cited below refer to Fig 17 unless otherwise noted), comprising: providing the inner casing and the outer casing (as seen in Fig 17, the casings are “provided”), said inner casing defining the cavity capable of receiving in the sealing way at least part of the hub portion defined at the distal end of the medical injection device (as set forth in the rejection of claim 1, the italicized text constitutes a functional limitation; this limitation is met since one of ordinary skill in the art would recognize that a complimentary-shaped hub portion could be received within the cavity formed between tabs 214 of inner casing 208); providing the inner casing and/or the outer casing with the at least one substantially ring-shaped RFID tag 194 (as seen in Fig 17, the tag 194 is “provided”), said at least one substantially ring-shaped RFID tag comprising the RFID chip 190 connected to the at least one substantially ring-shaped RFID antenna 192 (as seen in Fig 13, Para 76); and assembling the cover by inserting the inner casing within the outer casing so that the at least one substantially ring-shaped RFID tag is embedded within the cover (as seen in Fig 17, Para 86).
Re claim 14, Deng discloses that the at least one substantially ring-shaped RFID tag is implemented within the cover by overmolding, by adhesive bonding or by assembly (by assembly, Para 86).
Re claim 15, Deng discloses that said distal end of said outer casing comprises a top wall (the portion of head 133a of outer casing 38a having the thread formed thereon, as seen in Fig 9 and labeled in Fig C below) extending radially inward (because this wall has a thickness in the radial direction, it is “extending radially inward” as claimed) and said distal end of said inner casing comprises a top wall (the portion of inner casing 208 extending distal to tabs 212, as seen in Fig 17) extending radially inward (because this wall has a thickness in the radial direction, it is “extending radially inward” as claimed).
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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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Deng et al. (PG PUB 2004/0220602) in view of Kube et al. (PG PUB 2017/0172701).
Re claim 8, Deng discloses all the claimed features except explicitly disclosing that the at least one substantially ring-shaped RFID tag is an Ultra High Frequency Radio Frequency Identification (UHF-RFID) tag, a High Frequency Radio Frequency Identification (HF-RFID) tag, a Low Frequency Radio Identification (LF-RFID) tag, a High-Frequency Near Field Communication (HF-NFC) tag, or a double frequency tag including simultaneously a HF-NFC tag and an UHF-RFID tag. Kube, however, teaches employing an RFID tag in a medical device that is a UHF-RFID tag (Para 22) for the purpose of having a relatively long reading distance (Para 22,46). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Deng to include the at least one substantially ring-shaped RFID tag as a UHF-RFID tag, as taught by Kube, for the purpose of having a relatively long reading distance (Para 22,46).
Response to Arguments
Applicant's arguments filed 1/22/2026 have been fully considered but they are not persuasive.
Applicant argues that Deng fails to disclose or suggest “at least one substantially ring-shaped Radio Frequency Identification (RFID) tag embedded within the outer casing” as recited in claim 1. Specifically, Applicant argues that ring 194 (reading on the “RFID tag”) being slip fitted into outer hub 38a (reading on the “outer casing”) and being held in place by annular seal 208 (reading on the “inner casing”) does not read on the ring being “embedded within the outer casing”. The Examiner respectfully disagrees. As set forth in the rejection of claim 1 above, the term “embedded” can be defined under broadest reasonable interpretation as “being fixed firmly in a surrounding mass”. Because the ring 194 is surrounded by the outer hub 38a and fixed firmly therein (due to the locking of seal 208 in hub 38a as described in Para 86), it is “embedded within” outer hub 38a as claimed.
Applicant argues that Deng fails to disclose the subject matter of newly-presented claim 15. Specifically, Applicant argues that outer hub 38a (reading on the “outer casing”) and annular seal 208 (reading on the “inner casing”) do not possess top walls. The Examiner respectfully disagrees. As set forth in the rejection of claim 15 above, the top wall of the outer casing is the portion of head 133a having the thread formed thereon (as seen in Fig 9 and labeled in annotated Fig C above) and the top wall of the inner casing is the portion of casing 208 extending distal to tabs 212 (as seen in Fig 17).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KAMI A BOSWORTH whose telephone number is (571)270-5414. The examiner can normally be reached Monday - Thursday 8 am - 4 pm.
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/KAMI A BOSWORTH/Primary Examiner, Art Unit 3783
1 “Embed”. The American Heritage Dictionary of the English Language. <https://www.ahdictionary.com/word/search.html?q=embed>