Prosecution Insights
Last updated: May 29, 2026
Application No. 18/048,580

SURGICAL IMPLANT DELIVERY WITH DAMPING

Non-Final OA §103
Filed
Oct 21, 2022
Priority
Nov 12, 2021 — provisional 63/263,948
Examiner
BLASS, PARIS MARIE
Art Unit
3774
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Alcon Inc.
OA Round
3 (Non-Final)
52%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 52% of resolved cases
52%
Career Allowance Rate
14 granted / 27 resolved
-18.1% vs TC avg
Strong +54% interview lift
Without
With
+54.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
25 currently pending
Career history
71
Total Applications
across all art units

Statute-Specific Performance

§103
86.0%
+46.0% vs TC avg
§102
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 27 resolved cases

Office Action

§103
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 . 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. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/28/2026 has been entered. Response to Amendment The amendment filed 01/28/2026 has been entered. 1-5 and 7-22 remain pending. Response to Arguments Applicant’s arguments with respect to claims 1, 13, and 22 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, as a “compression ring within the bore” is now a modification to both previous primary references that would be obvious to one of ordinary skill in the art, as by doing so would provide a level of resistance to enable a more controlled manual operation of the plunger, as well as would prevent the plunger from inadvertent movement when the surgeon manipulates device during the surgical procedure as taught by Springer et al. (see column 5, lines 38-53). The functional limitation explanation that was argued against, being “the plunger would have increased compression as it is inserted into the bore” has been removed as Springer et al. has a tapered bore that applies compression on the implant and plunger as it advances through the bore (see new rejection below for details). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-2, 5, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 20170135811 A1 (hereafter --Springer--), in view of US 20190224002 A1 (hereafter --Springer et al.--). Regarding Claim 1, Springer discloses an apparatus for eye surgery, the apparatus comprising (see apparatus 100 and all of its annotated components in Figure 7 below): a nozzle (204) having a delivery lumen (see paragraph [0040] denoting that the IOL can be loaded into the nozzle); an implant bay (202) coupled to the nozzle (204) (see paragraphs [0038] and [0041]); an implant (300) disposed in the implant bay (202) (see paragraph [0038]): and an actuator (102) coupled to the implant bay (202), the actuator (102) comprising: a housing (110) having a first end proximate to the implant bay and a second end distal to the implant bay (see annotated first and second ends of the housing in Figure 7 below), a bore (111) through the housing (110) from the first end of the housing to the second end of the housing (see annotated bore in Figure 7 below), a plunger disposed within the bore (see annotated plunger ends in Figure 7 below), , wherein the plunger is configured to advance within the bore toward the first end of the housing (see paragraphs [0035] and [0041]), thereby advancing the implant from the implant bay through the delivery lumen (see paragraph [0041]), a compression ring (134) disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing (see paragraphs [0031] and [0037], see also annotated compression ring 134 in Figure 7 below). PNG media_image1.png 470 647 media_image1.png Greyscale Springer fails to disclose wherein the bore is configured to increase compression on the compression ring as the compression ring advances within the bore. Springer et al. discloses an apparatus for eye surgery (170) comprising a nozzle having a delivery lumen; an implant bay (210) coupled to the nozzle; a housing having a first end proximate to the implant bay and a second end distal to the implant bay, a bore (520) through the housing from the first end of the housing to the second end of the housing, and a plunger disposed within the bore (see annotated plunger, bore, housing, housing ends, and nozzle in Figures 2B and 7C below), a compression ring (930) disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing (see paragraph [0073]). Springer et al. teaches wherein the bore is configured to increase compression on the compression ring as the compression ring advances within the bore (see paragraph [0049] and [0073]). PNG media_image2.png 474 802 media_image2.png Greyscale Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the bore be tapered, wherein it would be configured to increase compression on the compression ring as the compression ring advances within the bore, as taught by Springer, as by doing so would the compression ring from taking a set shape while the device is in storage, and would cause the plunger to move smoothly inside the bore while also preventing backup of the plunger towards the proximal end of the device, as taught by Springer et al. (see paragraph [0073]). Regarding Claim 2, Springer as modified by Springer et al. discloses the apparatus of claim 1, wherein at least a portion of the bore is tapered, to increase compression on the compression ring as the plunger advances the compression ring through the bore (see paragraph [0049] and [0073]). Regarding Claim 5, Springer as modified by Springer et al. discloses the apparatus of claim 1, wherein the compression ring is disposed between the first end and the second end of the plunger (see also paragraphs [0031] and [0034] denoting that the sealing element 130 is between the proximal and distal end of the plunger, and that the element 134 is connected to the sealing element 130). Regarding Claim 7, Springer as modified by Springer et al. discloses the apparatus of claim 1, wherein the plunger comprises a tip (114) configured to engage the implant (see paragraph [0041]). Regarding Claim 8, Springer as modified by Springer et al. discloses the apparatus of claim 7, wherein the tip extends into the implant bay (see paragraph [0041] denoting that the tip 114 engages with the bore 118 of the implant bay 202). Claims 1-4, 7-8 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180200046 A1 (hereafter --Brown--) in view of US 20190224002 A1 (hereafter --Springer et al.--). Regarding Claim 1, Brown discloses an apparatus for eye surgery (see Abstract), the apparatus comprising: a nozzle (120) having a delivery lumen (64) (see annotated nozzle 120 in Figure 2 below, see also paragraph [0043]); an implant bay coupled to the nozzle (see annotated implant bay 80 in Figure 2 below, see also paragraph [0043] denoting that implant bay 80 and distal opening of nozzle 120 form a delivery passage); an implant disposed in the implant bay (see paragraph [0049] denoting that an IOL 70 is received into the implant bay); and an actuator coupled to the implant bay (see annotated actuator in Figure 2 below), the actuator comprising: a housing having a first end proximate to the implant bay and a second end distal to the implant bay (see annotated first and second ends in Figure 2 below), a bore through the housing from the first end of the housing to the second end of the housing (see annotated bore in Figure 2 below), a plunger (see annotated plunger and first and second ends in Figure 2 below), within the bore (see annotated first end location in the bore in Figure 2 below); thereby advancing the implant from the implant bay through the delivery lumen (see paragraph [0120]). PNG media_image3.png 534 722 media_image3.png Greyscale Brown fails to disclose a compression ring disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing, and wherein the bore is configured to increase compression on the compression ring as the compression ring advances within the bore. Springer et al. discloses an apparatus for eye surgery (170) comprising a nozzle having a delivery lumen; an implant bay (210) coupled to the nozzle; a housing having a first end proximate to the implant bay and a second end distal to the implant bay, a bore (520) through the housing from the first end of the housing to the second end of the housing, and a plunger disposed within the bore (see annotated plunger, bore, housing, housing ends, and nozzle in Figures 2B and 7C below), a compression ring (930) disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing (see paragraph [0073]). Springer et al. teaches a compression ring (930) disposed within the bore (520) and between the plunger (510) and the housing (170), thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing, and wherein the bore is configured to increase compression on the compression ring as the compression ring advances within the bore (see paragraph [0049] and [0073]). PNG media_image2.png 474 802 media_image2.png Greyscale Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a compression ring disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing, and wherein the bore is configured to increase compression on the compression ring as the compression ring advances within the bore, as taught by Springer, as by doing so would the compression ring from taking a set shape while the device is in storage, and would cause the plunger to move smoothly inside the bore while also preventing backup of the plunger towards the proximal end of the device, as taught by Springer et al. (see paragraph [0073]). Regarding Claim 2, Brown as modified by Springer et al. discloses the apparatus of claim 1, wherein at least a portion of the bore is tapered, to increase compression on the compression ring as the plunger advances the compression ring through the bore (see paragraph [0049] and [0073]). Regarding Claim 3, Brown as modified by Springer et al. discloses the apparatus of claim 1, wherein: the bore has a first width adjacent to the first end of the housing; the bore has a second width adjacent to the second end of the housing; and the first width is less than the second width (see annotated tapered portion at the first end of the housing having a width that is smaller than the width of the second end of the housing in Figure 2 above, see also paragraph [0046]). Regarding Claim 4, Brown as modified by Springer et al. discloses the apparatus of claim 1, wherein: the bore has a first width adjacent to the first end of the housing (see width of tapered portion in Figure 2 above); the bore has a second width adjacent to the second end of the housing (see width at the second end of the housing in Figure 2 above); the bore comprises a first region and a second region (see annotated first and second regions in Figure 2 above); the first region has a width that decreases from the second width adjacent to the second region to the first width adjacent to the first end of the housing (see width of tapered portion, or “first region” being less than the width of the annotated second region); and the second region has a width that is substantially constant and equal to the second width (see annotated second region in Figure 2 above, being next to the second end of the housing, as the entire bore has a constant diameter except for the diameter in the tapered region). Regarding Claim 7, Brown as modified by Springer et al. discloses the apparatus of claim 1, wherein the plunger comprises a tip configured to engage the implant (see paragraph [0050] describing the plunger tip 220, see also paragraph [0056] denoting that the plunger tip engages the IOL). Regarding Claim 8, Brown as modified by Springer et al. discloses the apparatus of claim 7, wherein the tip extends into the implant bay (see paragraph [0075] denoting that the plunger tip can extend into the implant bay 80). Regarding Claim 13, Brown discloses an apparatus (10) for delivering an implant to an eye (see Abstract), the apparatus comprising: a housing configured to be coupled to an implant bay (see annotated housing and implant bay in Figure 2 below), the housing having a first end and a second end (see annotated first and second housing ends in Figure 2 below); a bore passing longitudinally through the housing from the first end of the housing to the second end of the housing and having a tapered portion adjacent to the first end of the housing (see annotated bore and tapered portion in Figure 2 below, see also paragraph [0046]); a plunger disposed within the bore (see annotated plunger and first and second ends in Figure 2 below); wherein the plunger is configured to advance within the bore toward the first end of the housing (see Figure 2 below, see also paragraph [0057]). PNG media_image4.png 519 722 media_image4.png Greyscale Brown fails to disclose a compression ring coupled to the plunger and disposed within the bore between the plunger and the housing and wherein the plunger is configured to advance the compression ring within the bore toward the first end of the housing and the bore having a tapered portion that is configured to compress the compression ring as the plunger compression ring advances within the bore. Springer et al. discloses an apparatus for eye surgery (170) comprising a nozzle having a delivery lumen; an implant bay (210) coupled to the nozzle; a housing having a first end proximate to the implant bay and a second end distal to the implant bay, a bore (520) through the housing from the first end of the housing to the second end of the housing, and a plunger disposed within the bore (see annotated plunger, bore, housing, housing ends, and nozzle in Figures 2B and 7C below), a compression ring (930) disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing (see paragraph [0073]). Springer et al. teaches a compression ring (930) disposed within the bore (520) and between the plunger (510) and the housing (170), and wherein the plunger is configured to advance the compression ring within the bore toward the first end of the housing and the bore having a tapered portion that is configured to compress the compression ring as the plunger compression ring advances within the bore. (see paragraph [0049] and [0073]). PNG media_image2.png 474 802 media_image2.png Greyscale Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a compression ring coupled to the plunger and disposed within the bore between the plunger and the housing and wherein the plunger is configured to advance the compression ring within the bore toward the first end of the housing and the bore having a tapered portion that is configured to compress the compression ring as the plunger compression ring advances within the bore, as taught by Springer, as by doing so would the compression ring from taking a set shape while the device is in storage, and would cause the plunger to move smoothly inside the bore while also preventing backup of the plunger towards the proximal end of the device, as taught by Springer et al. (see paragraph [0073]). Regarding Claim 14, Brown as modified by Springer et al. discloses the apparatus of claim 13, wherein the tapered portion reduces a width of the bore from the second end of the housing to the first end of the housing (see tapered portion and bore in Figure 2 above, see also paragraph [0046]). Regarding Claim 15, Brown as modified by Springer et al. discloses the apparatus of claim 13, wherein: the bore has a first width adjacent to the first end of the housing; the bore has a second width adjacent to the second end of the housing; and the first width is less than the second width (see annotated tapered portion at the first end of the housing having a width that is smaller than the width of the second end of the housing in Figure 2 above, see also paragraph [0046]). Regarding Claim 16, Brown as modified by Springer et al. discloses the apparatus of claim 13, wherein the bore has a fixed width between the tapered portion and the second end of the housing (see bore in Figure 2 above). Regarding Claim 17, Brown as modified by Springer et al. discloses the apparatus of claim 13, wherein the plunger comprises a tip configured to engage the implant (see paragraph [0050] describing the plunger tip 220, see also paragraph [0056] denoting that the plunger tip engages the IOL). Regarding Claim 18, Brown as modified by Springer et al. discloses the apparatus of claim 17, wherein the tip extends into the implant bay (see paragraph [0075] denoting that the plunger tip can extend into the implant bay 80). Claims 9-12 and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180200046 A1 (hereafter --Brown--), in view of US 20190224002 A1 (hereafter --Springer et al.--), as applied to claims 1 and 13 above, and further in view of US 20080147081 A1 (hereafter --Pynson--). Regarding Claim 9, Brown as modified by Springer et al. discloses the apparatus of claim 1. Brown as modified by Springer et al. fails to disclose wherein the compression ring comprises or consists essentially of an elastomeric material. Pynson discloses apparatus (100) for delivering an implant to an eye (see Abstract), the apparatus comprising: a housing configured to be coupled to an implant bay (see annotated housing and implant bay in Figure 1 below), and a plunger having a compression ring (see paragraph [0026] denoting that the plunger can have a tip that can be convex/concave, flat, or shaped, the outside of the tip being the compression ring in the convex embodiment) coupled to the plunger within the bore between the plunger and the housing (see annotated plunger and bore in Figure 1 below). Pynson teaches wherein the compression ring comprises or consists essentially of silicone, which is an elastomeric material (see paragraph [0026] denoting the plunger tip can be made of silicone). PNG media_image5.png 312 723 media_image5.png Greyscale Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the compression ring material consist of silicone, which is an elastomeric material, as taught by Pynson since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Lashing, 125 USPQ 416. Regarding Claim 10, Brown as modified by Springer et al. discloses the apparatus of claim 1. Brown as modified by Springer et al. fails to disclose wherein the compression ring comprises or consists essentially of silicone, perfluoroelastomer (FFKM), nitrile rubber, fluorocarbon type A, chloroprene, polyurethane, or polytetrafluoroethylene. Pynson teaches wherein the compression ring comprises or consists essentially of silicone (see paragraph [0026] denoting the plunger tip can be made of silicone). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the compression ring material consist of silicone, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Regarding Claim 11, Brown as modified by Springer et al. discloses the apparatus of claim 1. Brown as modified by Springer et al. fails to disclose wherein the housing comprises or consists essentially of polypropylene, polycarbonate, acrylonitrile-butadlene-styrene, or polyoxymethylene. Pynson teaches wherein the housing comprises or consists essentially of polypropylene (see paragraph [0037] denoting the injector components can be made of polypropylene). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the housing material consist of polypropylene, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Regarding Claim 12, Brown as modified by Springer et al. discloses the apparatus of claim 1. Brown as modified by Springer et al. fails to disclose wherein the housing comprises polypropylene and the compression ring comprises silicone. Pynson teaches wherein the housing comprises polypropylene (see paragraph [0037] denoting the injector components can be made of polypropylene) and the compression ring comprises silicone (see paragraph [0026] denoting the plunger tip can be made of silicone). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed inventio to have the housing material consist of polypropylene and the compression ring material consist of silicone, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Regarding Claim 19, Brown as modified by Springer et al. discloses the apparatus of claim 13. Brown as modified by Springer et al. fails to disclose wherein the compression ring comprises or consists essentially of silicone, perfluoroelastomer (FFKM), nitrile rubber, fluorocarbon type A, chloroprene, polyurethane, or poly tetrafluoroethylene. Pynson teaches wherein the compression ring comprises or consists essentially of silicone (see paragraph [0026] denoting the plunger tip can be made of silicone). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the compression ring material consist of silicone, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Regarding Claim 20, Brown as modified by Springer et al. discloses the apparatus of claim 13. Brown as modified by Springer et al. fails to disclose wherein the housing comprises or consists essentially of polypropylene or polyoxymethylene. Pynson teaches wherein the housing comprises or consists essentially of polypropylene (see paragraph [0037] denoting the injector components can be made of polypropylene). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the housing material consist of polypropylene, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Regarding Claim 21, Brown as modified by Springer et al. discloses the apparatus of claim 13. Brown as modified by Springer et al. fails to disclose wherein the housing comprises polypropylene and the compression ring comprises silicone. Pynson teaches wherein the housing comprises polypropylene (see paragraph [0037] denoting the injector components can be made of polypropylene) and the compression ring comprises silicone (see paragraph [0026] denoting the plunger tip can be made of silicone). Therefore, it would have been obvious to one having ordinary skill in the before the effective filing date of the claimed invention to have the housing material consist of polypropylene and the compression ring material consist of silicone, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Regarding Claim 22, Brown. discloses apparatus for eye surgery (see Abstract), the apparatus comprising: a nozzle (120) having a delivery lumen (64) (see annotated nozzle 120 in Figure 2 below, see also paragraph [0043]); an implant bay coupled to the nozzle (see annotated implant bay 80 in Figure 2 below, see also paragraph [0043] denoting that implant bay 80 and distal opening of nozzle 120 form a delivery passage); an implant disposed in the implant bay (see paragraph [0049] denoting that an IOL 70 is received into the implant bay); and an actuator coupled to the implant bay (see annotated actuator in Figure 2 below), the actuator comprising: a housing having a first end proximate to the implant bay and a second end distal to the implant bay (see annotated first and second ends in Figure 2 below), a bore through the housing, the bore having a tapered portion adjacent to the first end of the housing (see annotated bore and tapered portion in Figure 2 below), and a fixed width between the tapered portion and the second end of the housing (see bore in Figure 2 below having a fixed width), the tapered portion reducing a width of the bore from the second end of the housing to the first end of the housing (see annotated tapered portion in Figure 2 below, see also paragraph [0046]), a plunger having a tip and a head disposed within a bore (see annotated plunger 30, tip, and head in Figure 2 below), wherein the first end of the plunger is configured to advance within the bore toward the first end of the housing (see Figure 2 below, see also paragraph [0057]), thereby advancing the implant from the implant bay through the delivery lumen (see paragraph [0120]). PNG media_image6.png 534 772 media_image6.png Greyscale Brown fails to disclose a compression ring within the bore and coupled to the plunger adjacent to the head, the compression ring consisting essentially of silicone, thereby advancing the compression ring through the bore as the plunger is advanced toward the first end of the housing, the bore having a tapered portion that is configured to compress the compression ring as the compression ring advances through the tapered portion, as well as fails to disclose the housing consisting essentially of polypropylene. Springer et al. discloses an apparatus for eye surgery (170) comprising a nozzle having a delivery lumen; an implant bay (210) coupled to the nozzle; a housing having a first end proximate to the implant bay and a second end distal to the implant bay, a bore (520) through the housing from the first end of the housing to the second end of the housing, and a plunger disposed within the bore (see annotated plunger, bore, housing, housing ends, and nozzle in Figures 2B and 7C below), a compression ring (930) disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing (see paragraph [0073]). Springer et al. teaches a compression ring (930) disposed within the bore (520) and coupled to the plunger (510) adjacent to the head, thereby advancing the compression ring through the bore as the plunger is advanced toward the first end of the housing, the bore having a tapered portion that is configured to compress the compression ring as the compression ring advances through the tapered portion (730) (see paragraph [0049] and [0073]). PNG media_image2.png 474 802 media_image2.png Greyscale Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have a compression ring within the bore and coupled to the plunger adjacent to the head, thereby advancing the compression ring through the bore as the plunger is advanced toward the first end of the housing, the bore having a tapered portion that is configured to compress the compression ring as the compression ring advances through the tapered portion, as taught by Springer, as by doing so would the compression ring from taking a set shape while the device is in storage, and would cause the plunger to move smoothly inside the bore while also preventing backup of the plunger towards the proximal end of the device, as taught by Springer et al. (see paragraph [0073]). Brown as modified by Springer et al. further fails to disclose the housing consisting essentially of polypropylene and the compression ring consisting essentially of silicone. Pynson teaches wherein the housing comprises polypropylene (see paragraph [0037] denoting the injector components can be made of polypropylene) and the compression ring comprises silicone (see paragraph [0026] denoting the plunger tip can be made of silicone). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the housing consist essentially of polypropylene and the compression ring consist essentially of silicone, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PARIS MARIE BLASS whose telephone number is (703)756-5375. The examiner can normally be reached Monday - Thursday 9 a.m. - 7 p.m. ET. 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, Melanie Tyson can be reached at 571-272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PARIS MARIE BLASS/Examiner, Art Unit 3774 /MELANIE R TYSON/Supervisory Patent Examiner, Art Unit 3774
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Prosecution Timeline

Oct 21, 2022
Application Filed
Jul 08, 2025
Non-Final Rejection mailed — §103
Sep 24, 2025
Response Filed
Dec 09, 2025
Final Rejection mailed — §103
Jan 19, 2026
Response after Non-Final Action
Jan 28, 2026
Request for Continued Examination
Feb 20, 2026
Response after Non-Final Action
Mar 27, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
52%
Grant Probability
99%
With Interview (+54.2%)
3y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 27 resolved cases by this examiner. Grant probability derived from career allowance rate.

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