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 .
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claims 1-11 are being examined in this application.
Election/Restrictions
Applicant’s election without traverse of Claims 1-11 in the reply filed on 02/09/2026 is acknowledged.
Claim Objections
Claim 1 objected to because of the following informalities: "A device for the needle-free injection of a fluid" in the preamble, this should read "A device for needle-free injection of a fluid".
All remaining claims are objected to by virtue of their dependency on claim 1.
Appropriate correction is required.
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.
Claims 1 -11 are 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 1 recites the limitation "the end facing away from the nozzle" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “the fixing element” in line 12, 13, and 14. There is insufficient antecedent basis for this limitation in the claim. Examiner interprets the fixing element to be the metal fixing element as previously recited.
Claim 1 recites the limitation "the installed state" in 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “a tool” in line 13 twice. It is unclear if the claim is referencing a second tool, or the same tool.
Claim 2 recites the limitation “the fixing” in line 3. There is insufficient antecedent basis for this limitation in the claim. Examiner interprets the fixing to be the fixing element.
Claim 7 recites the limitation “collar” in lines 3 and 4. It is unclear if this is referencing the “laterally open collar” as previously stated, or if this is a new element. Examiner interprets collar to mean the previously stated laterally open collar.
Claim 7 recites the limitation “the annular groove” in line 4. It is unclear if this is referencing “a first annular groove” as recited in line 1. Examiner interprets the annular groove to be the first annular groove.
All remaining claims are rejected by virtue of their dependency on claim 1.
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.
(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) 1-6 and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bissell (GB 1333215 A).
Regarding Claim 1, Bissell discloses a device for the needle-free injection of a fluid (Page 1 Lines 10-13), comprising:
a first injector (Fig. 1), comprising:
a front dispensing end (12); and
a piston-cylinder arrangement in which a spring-pretensioned piston rod (15, Fig. 1, Page 1 Lines 20-27) is guided by its front end (Fig. 1) in a cylinder (22) for receiving the fluid to be injected (Fluid within reservoir, Page 1 Lines 15-17), the cylinder opening into a nozzle (24a) at the front dispensing end via a first nonreturn valve (26, Page 2 Lines 57-59),
wherein the cylinder (22) is configured together with the first nonreturn valve (26) and the nozzle (24a) as a releasable cylinder section (Page 2 Lines 53-55) in which a piston rod guide (23, 23a, 23b) is arranged releasably at the end facing away from the nozzle (Figs. 2-3),
wherein the piston rod guide comprises a plastic guide bushing (23, Page 2 Lines 37-40) that guides the piston rod (Fig. 1),
and a metal fixing element (nut 23b, examiner interprets that the nut is made of metal) connected to the guide bushing (23, Fig. 1),
wherein, in the installed state, the fixing element is fixed in the cylinder section (22, Fig. 1), and wherein the fixing element includes an engagement region for a tool, into which a tool can be inserted in order then to release the fixing element from the cylinder section via the tool (23b is a threaded nut, Fig. 1, a tool must be used to screw nut, in order to fix the nut to the cylinder).
Regarding Claim 2, Bissel discloses the device of claim 1, wherein the fixing element (23b) is screwed into the cylinder section (22) in the installed state (Fig. 1 showing all components assembled together) for fixing purposes (Page 1 Lines 22-24) and the fixing element is unscrewed from the cylinder section via the tool in order to release the fixing (nut 23b shows a thread that interfaces with housing 22, examiner interprets that a tool must be used in order to release the nut 23b from the housing 22).
Regarding Claim 3, Bissell discloses the device of claim 2, wherein the engagement region of the fixing element is configured such that the piston rod extends through the engagement region without touching it (Page 2 Lines 44-46).
Regarding Claim 4, Bissell discloses the device of claim 1, wherein the engagement region of the fixing element is configured such that the piston rod extends through the engagement region without touching it (Page 2 Lines 44-46).
Regarding Claim 5, Bissell discloses the device of claim 1, wherein the connection between the guide bushing (23) and the fixing element (23b) is separable without a tool (sealing washer 23 does not demonstrate threads like nut 23b does, examiner interprets that these elements are able to be separated from each other without the need of a tool).
Regarding Claim 6, Bissell discloses the device of claim 1, wherein the guide bushing (23) comprises a passage hole for guiding the piston rod (Fig. 1 demonstrates plunger 15 fitting through bushing 23), and wherein the connection between the guide bushing and the fixing element (23b) is a form-fitting connection (Fig. 1 demonstrates washer 23a form-fitting between bushing 23 and nut 23b) in a direction parallel to a longitudinal direction of the passage hole (Fig. 2, washer 23a runs along a parallel direction to a longitudinal direction of the passage hole).
Regarding Claim 10, Bissell discloses the device of claim 1, wherein the releasable cylinder section is fixed to a rear injector section of the first injector via a union nut (Page 2 Lines 53-55, screw on ring 24 fixes housing 22 to a rear section of the injector, Fig. 1).
Regarding Claim 11, Bissell discloses the device of claim 1, wherein the first injector is a self-filling syringe (Page 1 Lines 10-21).
Claim Rejections - 35 USC § 103
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 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(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bissell in view of Altermann et al. (Pub. No. US 20210069417 A1, herein Altermann).
Regarding Claim 7, Bissell discloses the device of claim 1.
Bissell does not expressly disclose wherein the guide bushing has a first annular groove on its outer side and the fixing element has a laterally open collar with a lateral opening, such that the guide bushing can be pushed into the collar and out of the collar via the lateral opening in the collar, and with the collar engaging in the annular groove in the pushed-in state.
Altermann teaches wherein the guide bushing (28) has a first annular groove on its outer side (see annotated Fig. 5 below) and the fixing element has a laterally open collar with a lateral opening (“An external thread 27 is formed, and a guide bushing 28 arranged, at the proximal end 26 of the front assembly 13, and therefore the front assembly 13 can be screwed into a distal end 30 of the receiving block 10 (FIG. 4) since an internal thread 31 for the external thread 27 of the front assembly 13 is provided in the distal end 30” – Paragraph [0067]), such that the guide bushing can be pushed into the collar and out of the collar via the lateral opening in the collar (Figs. 4-5), and with the collar engaging in the annular groove in the pushed-in state (annotated Fig. 5, first annular groove is engaged with receiving block 10 ).
Therefore it would be obvious to one of ordinary skill within the art before the effective filing date to modify the device disclosed by Bissell wherein the guide bushing has a first annular groove on its outer side and the fixing element has a laterally open collar with a lateral opening, such that the guide bushing can be pushed into the collar and out of the collar via the lateral opening in the collar, and with the collar engaging in the annular groove in the pushed-in state as taught by Altermann in order to allow easier maintenance of the device (Altermann, Paragraph [0022]).
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Regarding Claim 8, Bissell in view of Altermann discloses the device of claim 7, wherein the guide bushing has a second annular groove on its outer side, in which a seal sits (Altermann, annotated Fig. 5, to properly seal, O-ring is placed within the second annular groove, Paragraph [0097]).
Therefore it would be obvious to one of ordinary skill within the art before the effective filing date to modify the device disclosed by Bissell wherein the guide bushing has a second annular groove on its outer side, in which a seal sits as taught by Altermann in order to ensure sealing in the installed state (Altermann, Paragraph [0097]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bissell in view of Rippstein, Jr. et al. (US 6458105 B1, herein Rippstein, Jr.).
Regarding Claim 9, Bissell discloses the device of claim 1.
Bissell does not expressly disclose wherein the guide bushing has an annular groove on its inner side, in which a second seal is disposed.
Rippstein, Jr. teaches wherein the guide bushing (16) has an annular groove (74, Col. 6 Line 53, Fig. 2) on its inner side, in which a second seal (49) is disposed.
Therefore it would be obvious to one of ordinary skill within the art before the effective filing date to modify the device disclosed by Bissell wherein the guide bushing has an annular groove on its inner side, in which a second seal is disposed as taught by Rippstein, Jr. so that the piston may be sealed from an outer surface (Col. 6 Lines 32-34).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mark Golovan whose telephone number is (571)272-2119. The examiner can normally be reached Monday - Friday 7:30am-4:30pm Alt. Fri off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at 571-270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK GOLOVAN/ Patent Examiner, Art Unit 3783
/CHELSEA E STINSON/ Supervisory Patent Examiner, Art Unit 3783