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 II and Species F in the reply filed on 5/15/2026 is acknowledged.
Claims 1-16, 29-33, and 37-42 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups/species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/15/2026.
Examiner notes that claims 18-28 and 34-36 are also being withdrawn from further consideration because they are drawn to a nonelected species.
Claim 18 recites “… a first state in which a proximal end of the needle cover abuts the deflectable arm…”. This feature is disclosed in Species B-C, a nonelected embodiment. Claims 21-23, dependent on claim 18, are being withdrawn for the same reasons above.
Claim 19 recites “wherein the second indent has a smaller diameter than the first indent”. This feature is disclosed in Species B-C, a nonelected embodiment.
Claim 20 recites “wherein the housing includes a ledge for abutting a portion of the needle cover to prevent proximal movement of the needle cover into the housing”. This feature is disclosed in Species B-C, a nonelected embodiment.
Claim 24 recites “an internal rod configured to be secured within the plunger rod”. This feature is disclosed in Species M-N and P, a nonelected embodiment. Claims 25-27, dependent on claim 24, are being withdrawn for the same reasons above.
Claim 28 recites “a button mechanism, wherein the button mechanism is configured to abut a portion of the plunger rod in a first state and deflect away from the plunger rod in a second state”. This feature is disclosed in Species M-N and P, a nonelected embodiment.
Claim 34 recites “a housing comprising a deflectable tab” and “a ring comprising a ledge”. These features are disclosed in Species E: Figs. 11-13, a nonelected embodiment. Claims 35-36, dependent on claim 34, are being withdrawn for the same reasons above.
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.
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.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Perot et al. (US 20210093787 A1) in view of Peach (US 2799272 A).
Regarding claim 17, Perot discloses a drug delivery device (1), the device comprising:
a housing (11);
a product container (3) disposed in the housing (Fig. 1), and a needle (4) extending from a distal end of the product container (Fig. 1);
a plunger rod (6) for dispensing a product from the product container, the plunger rod including a first indent (41) at a distal portion of the plunger rod (Fig. 1) and a second indent (42) at a proximal portion of the plunger rod (Fig. 1);
a blocking component (30) at a proximal end of the housing (Fig.4), wherein the plunger rod is slidably received within the blocking component (Figs. 1-4), and wherein the blocking component includes a deflectable arm (33).
Perot is silent regarding a needle cover at least partially disposed in the housing.
In analogous art, Peach teaches a needle cover (26) covering a needle (11/12).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the drug delivery device of Perot to incorporate the teachings of Peach to incorporate a needle cover in order to protect the cutting edges of the needle (Col 2, lines 12-13). The modification of Perot in view of Peach would teach a needle cover at least partially disposed in the housing because Perot shows the needle (4) disposed in the housing (11, Fig. 1), therefore the needle cover (26) of Peach would also be disposed in the housing.
Conclusion
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/HONG-VAN N TRINH/Examiner, Art Unit 3783 /James D Ponton/Primary Examiner, Art Unit 3783
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