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 .
Response to Amendment
This office action is responsive to the amendment filed 26 May 2026. As directed by the amendment claims 2-3, 5-6 and 8 are cancelled. Claims 1, 4, 7 and 9-12 are presently pending. The amendments to the drawings have overcome the previous objections to the drawings. The amendments to claim 1 have overcome the previous 35 USC 112(b) rejections.
Response to Arguments
Applicant's arguments filed 26 May 2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art does not detail the device and how it is arranged. The device of the prior art Crowe does detail how the parts are connected as can be seen in the figures and the description of the parts and their orientation relative to one another. Although Crowe may not explicitly lay out the connections, it would be obvious to one of ordinary skill to assess the figures and the specification in order to understand that the parts are connected in a specific manner as shown. The rejection below uses annotated figures and figure numbers to convey this. Furthermore, the combination that applicant points out is not used in this rejection. The fingers 56 that are pointed out in the rejection are discussed on page 20 lines 1-5 and do not have a specific figure attached to them as both figures 2 and 3 are pointed out as having exploded views. Therefore, there is not a modification in the way applicant points out. The PCT in question is not being used but rather the description that Crowe explicitly states and the function of the fingers.
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 7, 9 and 10 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.
Specifically, claim 7 recites the limitation “wherein the external surface of the wall contacts…” in line 2. It is unclear what the wall is referring to as there is both an inner wall and an outer wall recited in claim 1. Claim 9 recites the limitation “situated at the proximal end of the wall.” In lines 2-3. Claim 10 recites the limitation “spaced apart from the wall” in line 3. Both claim 9 and claim 10 have the same problem as “the wall” in unclear which wall is being referred to.
Claim 7 recites the limitation "the external surface of the wall" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. There is no “external surface” previously recited.
Claim 10 recites the limitation “the external wall” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. There is no “external wall” previously recited. Claims 11 and 12 similarly recite “the external wall” with no antecedent basis.
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, 4, 7 and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cowe (WO 2016/051168).
Regarding claim 1, Cowe discloses an injection device (Fig. 1, 1) comprising:
a syringe carrier (Fig. 2, 55) configured to receive a medicament container (Fig. 1, 5), the syringe carrier (55) having a proximal end (end towards 10) and a distal end (end towards 52) and the proximal end of the syringe carrier comprising a flexible finger (Fig. 4A, 56).
a housing (Fig. 1, 20) having a proximal end and a distal end (see annotated figure below); the housing a projection extending inwardly from the inner surface of the housing towards a central longitudinal axis of the injection device (Fig. 5A, where the abutment feature has inward portions that interact with 55 and 56 along the central axis as shown in the annotated figure below) and being configured to receive the syringe carrier and releasably engage the flexible finger (where the flexible finger 56 is engaged as shown in the annotated figure below) of the syringe carrier (Fig. 5A & 6A, where the carrier 55 is held within the housing 20 and has a releasable engagement as shown in figure 5A; pg. 19, line 22-pg. 20, line 4); and
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a proximal end cap (Fig. 2, 10) arranged to engage with the proximal end of the housing and comprising an inner wall extending distally inside the housing, an outer wall extending distally outside the housing, engaging an outer surface of the housing and having a greater diameter than the inner wall (see annotated figure below, where the outer wall is larger in diameter than the inner wall and both extend distally and the outer wall engages the rest of the housing 20), the proximal end cap configured to maintain the engagement between the flexible finger of the syringe carrier and the projection of the housing (Fig. 2, where the rearwardly extending portions 11 of cap 10 form walls which prevent inward movement of 56 before cap removal, pg. 19, line 22-pg. 20, line 4),
wherein an outer surface of the inner wall is in contact with the projection when the proximal end cap and housing are engaged (Fig. 4A, where the annotated inner wall is shown in a closer view and is in contact with the annotated projection), and
wherein the engagement of the projection and the flexible finger acts to retain the syringe carrier in a distal, pre-activation, position, the inner wall engaging with the flexible finger such that the flexible finger is prevented from flexing towards the central longitudinal axis of the injection device and moving past the projection when the proximal end cap is engaged with the housing (where the flexible finger is prevented from movement by the inner wall engagement with the projection that is annotated, this pre-activation state is shown as the cap is still attached to the device and the device also prevents movement towards a central axis as the cap would be removed if that were to occur).
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Regarding claim 4, Cowe discloses the injection device according to claim 1 wherein the projection comprises one annular projection extending around the inner circumference of the housing, a single projection or a plurality of spaced apart projections (Fig. 4A, where the portion 20 has a projection below the fingers 56 see annotated figure below).
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Regarding claim 7, Cowe discloses the injection device as claimed in claim 1 wherein the external surface of the wall contacts and extends past the internal surface of the abutment feature (Fig. 4A, where the portion 11 extends beyond the abutment portion and up to 5).
Regarding claim 9, Cowe discloses the injection device as claimed in claim 1 wherein the proximal end cap is provided with a proximal end wall situated at the proximal end of the wall (Fig. 4A, where the cap has multiple walls associated and the walls have interior portions that projections at both the distal and proximal ends, see annotated figure 4A below).
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Regarding claim 10, Cowe discloses the injection device as claimed in claim 9 wherein the external wall extends distally from the proximal end wall and spaced apart from the wall (Fig. 4A-B, where the cap 10 has a proximal end wall as annotated above in claim 9, the “external wall” extends upwards and is separated from another wall either the outer or inner wall, see 35 USC 112(b) rejection of claims 7, 9 and 10 above regarding the use of “the wall”, see annotated figure below regarding the “the external wall”).
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Regarding claim 11, Cowe discloses the injection device as claimed in claim 10 wherein the external wall is arranged to removably engage with the outer surface of the housing (Fig. 4A, where the cap 10 is removable which includes the portions of 11 being removably engaged with 20, the syringe 5 and the syringe carrier 55).
Regarding claim 12, Cowe discloses the injection device as claimed in claim 11 wherein the external wall is held in frictional engagement with the outer surface of the housing (Fig. 4A, where the portion 11 is touching with 20 and the portions of 55).
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 HADEN M RITCHIE whose telephone number is (703)756-1699. The examiner can normally be reached M-F 8am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhisma Mehta can be reached at 571-272-3383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HADEN MATTHEW RITCHIE/Examiner, Art Unit 3783
/BHISMA MEHTA/Supervisory Patent Examiner, Art Unit 3783
