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 .
Acknowledgments
In the reply, filed on June 25, 2026, Applicant amended claims 16, 18, 22, 27-28, 31, 33, and 35.
In the non-final rejection of March 25, 2026, Examiner objected to the Abstract. Applicant amended the Abstract; however, Applicant did not address all of the objections. Objection is maintained.
Examiner objected to claims 16, 18, 27-28, 31, 33, and 35. Applicant amended claims 16, 18, 27-28, 31, 33, and 35. Objection is withdrawn.
Examiner rejected claims 22 and 35 under 35 U.S.C. 112(b). Applicant amended claims 22 and 35. Rejection is withdrawn.
Examiner rejected claims 16-18, 20-22, and 26 on the ground of nonstatutory double patenting as being unpatentable over claims 16-17 and 24-26 of copending Application No. 18/289,267 (reference application). Applicant argued: Applicant respectfully requests that the provisional non-statutory double patenting rejection be held in abeyance until the prior art rejections have been resolved and the claims are otherwise in condition for allowance. Applicant reserves the right to address the provisional rejection, including by filing a terminal disclaimer if appropriate, at a later stage of prosecution (Remarks, page 11). Rejection is maintained.
Specification
The abstract of the disclosure is objected to because:
In lines 2-3, “respective first and second connecting ends” should be changed to “a first connecting end and a second connecting end, respectively”
In line 3, “the connecting ends” should be changed to “the first connecting end and the second connecting end”
In line 4, “the other connecting end” should be changed to “the other one of the first connecting end and the second connecting end”
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 16, 31, and 35 are objected to because of the following informalities:
In regards to claim 16, line 13, “deformation” should be changed to “a deformation”.
In regards to claim 31, line 17, “deformation” should be changed to “a deformation”.
In regards to claim 35, line 15, “deformation” should be changed to “a deformation”.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 16-18, 20-22, and 26 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 16-17 and 24-26 of copending Application No. 18/289,267 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because both applications at least claim A housing of a drug delivery device, a first housing component, a second housing component, an insert, a receptacle, a fastening element, a counter fastening element, a mechanical coding, a mechanical counter coding, a groove (a coded groove), a first groove portion, and a second groove portion,
The table below shows application claims 16-18, 20-22, and 26 corresponding to claims 16-17 and 24-26 of copending Application No. 18/289,267:
Application claims
Application No. 18/289,267 claims
16
16, 17, 24, 25
17
25
18
25
20
17
21
17
22
26
26
17
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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 16-29 and 31-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Avery et al (US 9,180,254).
In regards to claim 16, Avery et al teaches a housing (Figures 3A-3C) of a drug delivery device, the housing comprising:
a first housing component (300) configured to accommodate a cartridge filled with a medicament (column 11, lines 58-61), the first housing component comprising a first connecting end (310)
a second housing component (302) configured to accommodate a drive mechanism of the drug delivery device (column 11, lines 39-49), the second housing component comprising a second connecting end (308)
an insert (309) provided on one of the first connecting end and the second connecting end
a receptacle (inner space of 302) provided on the other one of the first connecting end and the second connecting end, wherein the insert is insertable into the receptacle along a longitudinal direction for mutually fastening the first housing component and the second housing component (Figures 3A-3B)
a fastening element (314) provided on the insert and comprising a snap element (314)
a counter fastening element (328) complementary shaped to the fastening element, wherein the counter fastening element is provided in the receptacle (Figure 3A) and comprises a counter snap element (328) configured to engage with the snap element through a deflection or deformation of at least one of the fastening element or the counter fastening element along a radial direction (Figure 3B)(the term “deflection” means “the act of changing or causing to change direction” (https://www.merriam-webster.com/dictionary/deflection); column 12, lines 57-67, to column 13, lines 1-3: 314 moves in the axial direction and then in the radial direction to engage with 328)
a mechanical coding (314) provided on the insert and comprising a coding feature (314)
a mechanical counter coding (328) provided in the receptacle and comprising a counter coding feature (328)
wherein at least one of the fastening element, the counter fastening element, the mechanical coding, or the mechanical counter coding comprises a groove (314) with a first groove portion (labeled in Figure 3A below) and a second groove portion (labeled in Figure 3A below), wherein the first groove portion extends along the longitudinal direction and wherein the second groove portion extends along a circumferential direction and merges into the first groove portion (Figure 3A)
wherein the mechanical coding and the mechanical counter coding are operable to prevent an engagement of the fastening element with the counter fastening element when the mechanical coding does not match the mechanical counter coding (column 13, lines 17-20)
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In regards to claim 17, Avery et al teaches wherein the first groove portion adjoins a longitudinal end face of one of the first connecting end and the second connecting end (Figure 3A).
In regards to claim 18, Avery et al teaches wherein the second groove portion merges into the first groove portion at a longitudinal distance from the longitudinal end face of the one of the first connecting end and the second connecting end (Figure 3A).
In regards to claim 19, Avery et al teaches wherein one of the snap element and the counter snap element is arranged in the second groove portion or at a circumferential offset from the first groove portion (Figure 3B).
In regards to claim 20, Avery et al teaches wherein one of the snap element and the counter snap element comprises a radial projection (328) on one of the insert and the receptacle (Figure 3A).
In regards to claim 21, Avery et al teaches wherein the other one of the snap element and the counter snap element comprises a radial recess (314) on the other one of the insert and the receptacle configured to receive the radial projection (Figure 3B).
In regards to claim 22, Avery et al teaches wherein the coding feature of the mechanical coding distinguishes from a coding feature of another mechanical coding with regard to at least one of: a number of coding features (column 5, lines 49-50), a longitudinal position (column 5, lines 51-53), a longitudinal extent (column 5, lines 64-65), a circumferential position (column 5, lines 51-53), a circumferential extent (column 5, lines 64-65), or a cross-sectional geometry or shape in a plane transverse to the longitudinal direction (column 6, lines 1-2).
In regards to claim 23, Avery et al teaches wherein the mechanical coding is integrated into the snap element and wherein the mechanical counter coding is integrated into the counter snap element (Figure 3A).
In regards to claim 24, Avery et al teaches wherein the coding feature is defined by a longitudinal position and a longitudinal extent of the snap element on the insert (Figure 3A).
In regards to claim 25, Avery et al teaches wherein the counter coding feature is defined by a longitudinal position and a longitudinal extent of the counter snap element in the receptacle (Figure 3A).
In regards to claim 26, Avery et al teaches wherein the coding feature and the counter coding feature comprise: a radial coding protrusion (328) on one of the insert and the receptacle; and a radial coding recess (314) on the other one of the insert and the receptacle.
In regards to claim 27, Avery et al teaches wherein at least one of the mechanical coding or the mechanical counter coding comprises the groove (314) and wherein the coding feature and the counter coding feature distinguish from coding features and counter coding features of another housing by varying a longitudinal position of the second groove portion and a longitudinal position of the radial coding protrusion correspondingly (column 5, lines 51-53), wherein an increase of a longitudinal distance of the second groove portion from a free end of one of the first connecting end and the second connecting end is accompanied by an increase of a longitudinal extent and/or a transverse extent of the second groove portion (column 5, lines 64-65)(Figure 10A), by a corresponding decrease of a distance of the radial coding protrusion from the other one of the first connecting end and the second connecting end (column 5, lines 64-65)(Figure 10A), and by a corresponding increase of a longitudinal extent and/or a transverse extent of the radial coding protrusion (column 5, lines 64-65)(Figure 10A).
In regards to claim 28, Avery et al teaches wherein at least one of the mechanical coding or the mechanical counter coding comprises the groove (314), wherein the groove is a first groove (314), and wherein at least one of the fastening element or the counter fastening element comprises a second groove located circumferentially offset from the first groove (Figure 11B), wherein the second groove comprises a first groove portion and a second groove portion, wherein the first groove portion of the second groove extends along the longitudinal direction, wherein the second groove portion of the second groove extends along the circumferential direction and merges into the first groove portion of the second groove (Figure 11B shows a first groove receiving a first pin and a second groove receiving a second pin. It is understood that the second groove would have a first groove portion extending along the longitudinal direction and a second groove portion extending along the circumferential direction and merging into the first groove portion of the second groove in order to receive the second pin, as it is understood that the second groove is of the same construction as the first groove, shown in Figure 3A, receiving the first pin).
In regards to claim 29, Avery et al teaches wherein one of the coding feature and the counter coding feature is defined by a circumferential distance between the first groove portion of the first groove and the first groove portion of the second groove (Figure 11B).
In regards to claim 31, Avery et al teaches an injection device (Figures 3A-3C) for injecting a dose of a medicament, the injection device comprising:
a housing (Figures 3A-3C) comprising:
a first housing component (300) configured to accommodate a cartridge filled with the medicament (column 11, lines 58-61), the first housing component comprising a first connecting end (310)
a second housing component (302) configured to accommodate a drive mechanism of the injection device (column 11, lines 39-49), the second housing component comprising a second connecting end (308)
an insert (309) provided on one of the first connecting end and the second connecting end
a receptacle (inner space of 302) provided on the other one of the first connecting end and the second connecting end, wherein the insert is insertable into the receptacle along a longitudinal direction for mutually fastening the first housing component and the second housing component (Figures 3A-3B)
a fastening element (314) provided on the insert and comprising a snap element (314)
a counter fastening element (328) complementary shaped to the fastening element, wherein the counter fastening element is provided in the receptacle (Figure 3A) and comprises a counter snap element (328) configured to engage with the snap element through a deflection or deformation of at least one of the fastening element or the counter fastening element along a radial direction (Figure 3B)(the term “deflection” means “the act of changing or causing to change direction” (https://www.merriam-webster.com/dictionary/deflection); column 12, lines 57-67, to column 13, lines 1-3: 314 moves in the axial direction and then in the radial direction to engage with 328)
a mechanical coding (314) provided on the insert and comprising a coding feature (314)
a mechanical counter coding (328) provided in the receptacle and comprising a counter coding feature (328)
wherein at least one of the fastening element, the counter fastening element, the mechanical coding, or the mechanical counter coding comprises a groove (314) with a first groove portion (labeled in Figure 3A above) and a second groove portion (labeled in Figure 3A above), wherein the first groove portion extends along the longitudinal direction and wherein the second groove portion extends along a circumferential direction and merges into the first groove portion (Figure 3A)
wherein the mechanical coding and the mechanical counter coding are operable to prevent an engagement of the fastening element with the counter fastening element when the mechanical coding does not match the mechanical counter coding (column 13, lines 17-20)
the cartridge (20) arranged inside the housing (column 11, lines 58-61), the cartridge comprising a barrel (22) filled with the medicament (26) and sealed in a proximal longitudinal direction by a movable bung (28)
the drive mechanism (17) arranged inside the housing (column 11, lines 39-49), the drive mechanism comprising a piston rod (17) operable to exert a distally directed dispensing force onto the bung of the cartridge
In regards to claim 32, Avery et al teaches wherein the first groove portion adjoins a longitudinal end face of one of the first connecting end and the second connecting end (Figure 3A).
In regards to claim 33, Avery et al teaches wherein the second groove portion merges into the first groove portion at a longitudinal distance from the longitudinal end face of the one of the first connecting end and the second connecting end (Figure 3A).
In regards to claim 34, Avery et al teaches wherein one of the snap element and the counter snap element is arranged in the second groove portion or at a circumferential offset from the first groove portion (Figure 3B).
In regards to claim 35, Avery et al teaches a kit (Figures 3A-3C)(column 18, lines 16-32: a collection of cartridge assemblies and dose setting members) comprising:
a first housing (Figures 3A-3C) and a second housing (column 18, lines 16-32 states “a collection of cartridge assemblies and dose setting members”, thus teaching a first housing having a first cartridge assembly and a first dose setting member and a second housing having a second cartridge assembly and a second dose setting member), each of the first housing and the second housing comprising:
a first housing component (300) configured to accommodate a cartridge filled with a medicament (column 11, lines 58-61), the first housing component comprising a first connecting end (310)
a second housing component (302) configured to accommodate a drive mechanism of the drug delivery device (column 11, lines 39-49), the second housing component comprising a second connecting end (308)
an insert (309) provided on one of the first connecting end and the second connecting end
a receptacle (inner space of 302) provided on the other one of the first connecting end and the second connecting end, wherein the insert is insertable into the receptacle along a longitudinal direction for mutually fastening the first housing component and the second housing component (Figures 3A-3B)
a fastening element (314) provided on the insert and comprising a snap element (314)
a counter fastening element (328) complementary shaped to the fastening element, wherein the counter fastening element is provided in the receptacle (Figure 3A) and comprises a counter snap element (328) configured to engage with the snap element through a deflection or deformation of at least one of the fastening element or the counter fastening element along a radial direction (Figure 3B)(the term “deflection” means “the act of changing or causing to change direction” (https://www.merriam-webster.com/dictionary/deflection); column 12, lines 57-67, to column 13, lines 1-3: 314 moves in the axial direction and then in the radial direction to engage with 328)
a mechanical coding (314) provided on the insert and comprising a coding feature (314)
a mechanical counter coding (328) provided in the receptacle and comprising a counter coding feature (328)
wherein at least one of the fastening element, the counter fastening element, the mechanical coding, or the mechanical counter coding comprises a groove (314) with a first groove portion (labeled in Figure 3A above) and a second groove portion (labeled in Figure 3A above), wherein the first groove portion extends along the longitudinal direction and wherein the second groove portion extends along a circumferential direction and merges into the first groove portion (Figure 3A)
wherein the mechanical coding and the mechanical counter coding are operable to prevent an engagement of the fastening element with the counter fastening element when the mechanical coding does not match the mechanical counter coding (column 13, lines 17-20)
wherein the coding feature the first housing distinguishes from the coding feature of the second housing with regard to at least one of:
a number of coding features (column 5, lines 49-50)
a longitudinal position (column 5, lines 51-53)
a longitudinal extent (column 5, lines 64-65)
a circumferential position (column 5, lines 51-53)
a circumferential extent (column 5, lines 64-65), or
a cross-sectional geometry or shape in a plane transverse to the longitudinal direction (column 6, lines 1-2)
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.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Avery et al, as applied to claim 16 above, and further in view of Cerman et al (US 2013/0345641).
In regards to claim 30, Avery et al is silent about wherein the insert comprises a visible indicator on an outside surface, and wherein the receptacle comprises a through recess in a sidewall through which the indicator is visible when the insert is correctly assembled and fixed inside the receptacle. Cerman et al teaches a drug delivery device (Figures 4A and 4C) wherein a cartridge (120) comprises a visible indicator (350) on an outside surface, and wherein a cartridge holder (304) comprises a through recess (354) in a sidewall through which the indicator is visible when the cartridge is correctly assembled and fixed inside the cartridge holder (Figure 4C). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the drug delivery device, of Avery et al, with a visible indicator and a through recess, as taught by Cerman et al, as such will confirm that a correct cartridge has been assembled into a correct cartridge holder (paragraph [0163]).
However, Cerman et al does not teach an insert comprising the visible indicator and a receptacle comprising the through recess, as Cerman et al instead teaches a cartridge comprising the visible indicator and a cartridge holder comprising the through recess (Figures 4A and 4C). However, as the insert (309) and the receptacle (inner space of 302) are the interacting components having coding features in Avery et al, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the insert and the receptacle, of the modified drug delivery device having a housing of Avery et al and Cerman et al, to comprise a visible indicator and a through recess, as taught by Cerman et al, as such will confirm that a correct first housing component has been assembled into a correct second housing component (paragraph [0163]).
Response to Arguments
Applicant's arguments filed June 25, 2026, have been fully considered but they are not persuasive:
In regards to claims 16, 31, and 35, Applicant argued: First, that mapping is flawed because the claims require an actual groove, i.e., a recessed channel having a longitudinal leg and a circumferential leg that merge. Avery's cited Figure 3A arrangement instead discloses protruding ridge/pin features and guided motion along surfaces, not a groove formed in the insert or receptacle as claimed. In particular, Avery describes ridge feature 316 as protruding radially from cylindrical outer wall 314, and further describes ridge feature 316 as a "raised or protruded area" extending from shoulder 306 to proximal end 310. Avery also describes pin feature 328 as protruding from an inner cylindrical wall of dose setting member 302. Avery then explains that cartridge holder 300 is connected to dose setting member 302 by guiding axial, rotational, and helical surfaces of pin feature 328 along corresponding surfaces of ridge feature 316. Thus, Avery's cited Figure 3A/Figure 3B embodiment teaches protruding guide structures, not a recessed L-shaped groove having a longitudinal first groove portion and a circumferential second groove portion that merges into the first groove portion (see below)… Re-labeling Avery's cylindrical outer wall, protruding ridge, or adjacent guide surfaces as a "groove" does not supply the claimed groove structure. Anticipation requires that each and every element be disclosed in a single reference, arranged as in the claim. See MPEP § 2131. The identical invention must be shown in as complete detail as set forth in the claim; it is improper to reconstruct the reference using Applicant's claim language as a template (Remarks, pages 13-14). Examiner disagrees. Avery et al teaches a groove (314) with a first groove portion (labeled in Figure 3A above) and a second groove portion (labeled in Figure 3A above), wherein the first groove portion extends along the longitudinal direction and wherein the second groove portion extends along a circumferential direction and merges into the first groove portion (Figure 3A).
In regards to claim 28, Applicant argued: The rejection of dependent claim 28 illustrates the same deficiency even more directly. Claim 28 requires a first groove and a second groove located circumferentially offset from the first groove, where the second groove itself comprises a first groove portion extending along the longitudinal direction and a second groove portion extending along the circumferential direction and merging into the first groove portion of the second groove. The Office Action relies on Figure 11B and states that "it is understood" that Avery's alleged second groove would have first and second groove portions and would be of the same construction as the alleged first groove shown in Figure 3A. That is not an anticipation disclosure. It is an inference or alteration of Avery to fit the claimed L-groove architecture. Avery's disclosure cannot be reconstructed by assuming that an undisclosed second L-shaped groove exists, and an anticipation rejection cannot rest on what might be "understood" only by modifying or completing the reference (Remarks, page 14). Examiner disagrees. Figure 11B shows a first groove, receiving a first pin, and a second groove, receiving a second pin, located circumferentially offset from the first groove. It is understood that the second groove would have a first groove portion extending along the longitudinal direction and a second groove portion extending along the circumferential direction and merging into the first groove portion of the second groove in order to receive the second pin, as it is understood that the second groove is of the same construction as the first groove 314, shown in Figure 3A, receiving the first pin).
In regards to claims 16, 31, and 35, Applicant argued: Second, Avery also does not disclose the amended snap engagement of independent claims. As amended, claims 16, 31 and 35 require that the counter fastening element comprises "a counter snap element configured to engage with the snap element through a deflection or deformation of at least one of the fastening element or the counter fastening element along a radial direction." Thus, the claims do not merely require two structures that contact one another or prevent further movement after assembly. The claims require a snap engagement between the snap element and the counter snap element, and that engagement must occur through radial deflection or radial deformation of at least one of the fastening element or counter fastening element… These teachings of Avery is not a disclosure of the claimed radial-deflection snap engagement. Avery describes relative movement being guided by surface-to-surface sliding contact between protruding ridge and pin features. The final connected condition is reached when the rotational surface and axial surface of the ridge feature contact corresponding surfaces of the pin feature, thereby preventing further rotational, helical, and axial movement. In other words, Avery relies on geometric interference and stop surfaces to guide and limit relative motion. The cited Figure 3A/Figure 3B embodiment does not describe the mapped ridge feature, pin feature, or cylindrical outer wall as elastically or otherwise deflecting or deforming in a radial direction when the alleged snap and counter-snap elements engage. Nor is the claimed limitation satisfied merely because Avery uses the words "securely connected" or describes the ridge feature and pin feature as helping secure the cartridge holder to the dose setting member. A secure connection is broader than, and technically different from, the claimed snap engagement through radial deflection or deformation. The amended claims require the mechanism by which the snap element and counter snap element engage. Avery's cited embodiment discloses guided axial/helical/rotational movement along shaped protruding surfaces followed by blocking contact at terminal surfaces; it does not disclose a snap element and counter snap element engaging by radial deflection or radial deformation of the fastening element or counter fastening element (Remarks, pages 14-15). Examiner disagrees. First, Avery et al teaches a counter snap element (328) configured to engage with the snap element (314) through a deflection or deformation of at least one of the fastening element (314) or the counter fastening element (328) along a radial direction (Figure 3B)(the term “deflection” means “the act of changing or causing to change direction” (https://www.merriam-webster.com/dictionary/deflection); column 12, lines 57-67, to column 13, lines 1-3: 314 moves in the axial direction and then in the radial direction to engage with 328). Second, the claims do not require “elastically” when the snap and counter-snap elements engage, as argued by Applicant.
Conclusion
THIS ACTION IS MADE FINAL. 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 SHEFALI D PATEL whose telephone number is (571)270-3645. The examiner can normally be reached Monday-Friday 8:30am-4:30pm EST.
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/SHEFALI D PATEL/Primary Examiner, Art Unit 3783
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