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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “a radial wall” as described in the specification and claim 9. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-12 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.
Specifically, claim 1 recites “the proximal end of the syringe carrier” in line 4 and claims 5 recites, “the syringe carrier has a proximal end” in line 2. It is unclear how the structure of the syringe carrier is to be interpreted as the two are pointing out different proximal ends based on the terminology used for “the proximal end” and “a proximal end”. Examiner suggests the following terminology, “a proximal end of the syringe carrier” in claim 1 and “the syringe carrier has a distal end and the proximal end of the syringe carrier comprises…” in claim 5.
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 1-12 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);
ii) a housing (Fig. 1, 20) having a proximal end and a distal end (see annotated figure below); the housing being configured to receive the syringe carrier and releasably engage the proximal end 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);
iii) a proximal end cap (Fig. 2, 10) arranged to engage with the proximal end of the housing and comprising a wall extending distally along the housing, the proximal end cap configured to maintain the engagement between the proximal end of the syringe carrier and 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).
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Regarding claim 2, Cowe discloses an injection device according to claim 1 wherein the housing (20) further comprises an abutment feature that the syringe carrier abuts against (Fig. 5A, see annotated figure below).
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Regarding claim 3, Cowe discloses an injection device according to claim 2 wherein the abutment feature comprises a projection extending inwardly from the inner surface of the housing towards the 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).
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Regarding claim 4, Cowe discloses an injection device according to claim 3 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 5, Cowe discloses an injection device as claimed in claim 2 wherein the syringe carrier (55) has a proximal end and a distal end and the proximal end of the syringe carrier comprises a flexible finger (Fig. 4A, 56) ; the proximal end of the flexible finger engaging with the housing (Fig. 4A, where 56 is engaged with 20).
Regarding claim 6, Cowe discloses an injection device as claimed in claim 1 wherein the wall extends distally and internally within the syringe carrier (Fig. 4A, where the walls 11 extend within the syringe carrier 55).
Regarding claim 7, Cowe discloses an injection device as claimed in claim 5 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 8, Cowe discloses an injection device as claimed in claim 1 wherein the wall further comprises at least one projection (see annotated figure 4A below) extending internally towards the central longitudinal axis (Fig. 4A, where an inward extending feature of wall 11 engages with needle shield 6).
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Regarding claim 9, Cowe discloses an injection device as claimed in claim 1 wherein the proximal end cap is provided with a radial 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 an injection device as claimed in claim 9 wherein the proximal end cap is further provided with a second wall extending distally from the radial wall and spaced apart from the wall (Fig. 4A, where the cap 10 has an outer and inner wall as shown by 11 which includes two walls, see annotated figure below).
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Regarding claim 11, Cowe discloses an injection device as claimed in claim 10 wherein the second wall is arranged to removeably 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 an injection device as claimed in claim 11 wherein the second 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
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.
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, 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