Prosecution Insights
Last updated: July 17, 2026
Application No. 18/293,870

A delivery member guard locking member and a sub-assembly of a medicament delivery device

Non-Final OA §102§103§112
Filed
Jan 31, 2024
Priority
Aug 09, 2021 — EU 21190455.2 +1 more
Examiner
LANGE, ERIC A
Art Unit
3783
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Shl Medical AG
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
144 granted / 182 resolved
+9.1% vs TC avg
Moderate +10% lift
Without
With
+9.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
20 currently pending
Career history
204
Total Applications
across all art units

Statute-Specific Performance

§103
84.1%
+44.1% vs TC avg
§102
5.3%
-34.7% vs TC avg
§112
9.1%
-30.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 182 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This Non-final Rejection is in Reply to the preliminary arguments/amendment dated 01/31/2024. Claim(s) 16-30 are presently pending. Claim(s) 1-15 is/have been cancelled. Claim(s) 16-30 is/are new. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Interpretation The phrase “locking member” is used within claims 18, 20, 21, 27, and 29 and within the specification (pg. 12, ln 4-6) as being interchangeable with the longer limitation “delivery member guard locking member.” Applicant(s) have defined the directional term “distal” to refer to the direction pointing/moving away from the point of injection, and the term “proximal” to refer to the direction pointing/moving towards the point of injection. This convention is also used by the Office herein when explaining prior art features, even if this convention differs from that used within prior art. 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. Claims 16-30 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. Claims 16, 20, 22-27, and 29 each recite the limitation "the plurality of proximally directed surfaces.” There is insufficient antecedent basis for this limitation in the claims. As a result, it is unclear within the claims whether the structures referred to as “the plurality of proximally directed surfaces” are a part of the delivery guard locking member or else some other structure. The scope of each claim, as well as all claims dependent thereupon, are thereby rendered indefinite. Appropriate clarification is required. For examination purposes, it is presented that in light of the specification, this limitation is likely intended to refer to proximally directed surfaces on the delivery guard locking member. This interpretation is thus presented in the present office action. Claims 28 and 30 each recite the limitation "the flexible arm.” There is insufficient antecedent basis for this limitation in the claim. While “a flexible arm” structure is defined within claim 20, neither of claims 28 nor 30 depend therefrom. These claims thus lack any antecedent basis for this limitation, thereby, it is unclear whether the “the flexible arm” referred to in these claims refers to the same “a flexible arm” of the delivery guard locking member of claim 20, or else some other structure. The scope of these claims and any claims dependent therefrom is thus rendered indefinite. Appropriate clarification is required. For examination purposes, it is presented, in light of the specification and the context of claim 20, that the applicant likely intended to write claims 28 and 30 as incorporating the definition of “a flexible arm” as defined in claim 20. As such, this interpretation is presented in the present office action. In Claim 20, the limitation “wherein the locking member is axially movable relative to the housing along the longitudinal axis” directly contradicts the limitation “wherein the delivery member guard locking member is axially fixed … relative to the housing” given in claim 19, upon which claim 20 depends (see above claim interpretation note regarding “locking member”). As a result, the scope of claim 20, and of claim 21 which depends therefrom, is unclear, rendering the claim indefinite. Appropriate correction is required. No reasonable interpretation of the claim can be made in its present form, therefore claims 20 and 21 are not examined in the present office action. This should, however, not be taken as an indication of allowability over the prior art. 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) 16-19 and 22-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holmqvist (U.S. Pat. Pub. No. 2013/0324934 A1). Regarding claim 16, Holmqvist discloses a sub-assembly of a medicament delivery device (see embodiment of Fig. 5-13 and [0045-0054]), the sub-assembly comprising: a housing (102) extending along a longitudinal axis between a proximal end and a distal end (see Fig. 6-8 and 10-11, and [0045]); a guard adapter (distal end portion of the delivery member guard 104, comprising distally directed tongues 116 and protrusions 106) arranged within the housing (see Fig. 6-8 and 11, and [0045-0046]), wherein the guard adapter is axially movable relative to the housing and rotationally fixed to the housing (by virtue of protrusions 106, which cooperate with longitudinal grooves 108 in the housing 102 to limit the movement of the entire delivery member guard 104 to axial movement relative to the housing – see Fig. 6-7 and 11, and [0045]); and a delivery member guard locking member (rotator barrel 132) arranged within the housing (see Fig. 6-7 and 11, and [0047]), wherein the guard adapter comprises a distally directed surface (distal tip surface of one of the two distally directed tongues 116), wherein the delivery member guard locking member is movable (rotatable) relative to the guard adapter between an unlocked position where the distally directed surface of the guard adapter is not aligned with a plurality of proximally directed surfaces (proximally facing surfaces on the circumferentially extending portion 144 of each of the two flexible arms 142 of the rotator barrel 132) of the delivery member guard locking member in the direction of the longitudinal axis (see Fig. 6-7 and 11, and [0051], wherein the unlocked position is the initial position of the rotator barrel prior to the delivery member guard 104 being pushed distally during preparation for injection, thereby causing the rotator barrel to turn, this initial position being depicted in the cited figures, wherein it is clear from the figures and text that in this position, the distal tip surface of each one of the two distally directed tongues 116 is not aligned with the proximally facing surfaces on the circumferentially extending portion 144 of the corresponding one of the two flexible arms 142 of the rotator barrel 132, but rather is aligned approximately with a corresponding one of the two inclined surfaces 140 of the rotator barrel), and a locked position where at least one of the plurality of proximally directed surfaces is overlap with the distally directed surface of the guard adapter in the direction of the longitudinal axis (see [0053-0054], wherein the rotator barrel is turned such that once the delivery member guard 104 is proximally extended after injection is complete, the proximally facing surface on the circumferentially extending portion 144 of each of the two flexible arms 142 of the rotator barrel 132 becomes aligned with the corresponding distal tip surfaces of the corresponding one of the two distally directed tongues 116 of the delivery member guard 104, thereby locking the delivery member guard 104 against distal movement – here, the delivery member guard 104 is thus locked in position by the rotator barrel 132 in “locked” position), and wherein when the delivery member guard locking member is in the locked position, the delivery member guard locking member is axially fixed to the housing (by virtue of circumferentially extending grooves 134, which cooperate with flexible arms 138 on the housing 102 to axially lock the rotator barrel 132 relative to the housing – see Fig. 6-7 and 11, and [0047]). Regarding claim 17, Holmqvist further discloses that the delivery member guard locking member is rotatable relative to the guard adapter around the longitudinal axis between the unlocked position and the locked position (see in re claim 16, and see Fig. 6-7 and 11, [0047], and [0051-0054]). Regarding claim 18, Holmqvist further discloses that the delivery member guard locking member comprises a proximally directed surface (inclined surface 140) extending in the direction of the longitudinal axis and the direction around the longitudinal axis (see Fig. 6-7 and 11-12, and [0047]), and wherein the guard adapter comprises a third distally directed surface (inclined distally directed surface 118) configured to move along the proximally directed surface of the locking member thereby rotating the locking member from the unlocked position to the locked position (see [0047] and [0051], wherein the distal movement of the delivery member guard 104 during preparation for injection causes the inclined distally directed surface 118 to move along the inclined surface 140, thereby causing the rotator barrel to turn towards its locked position, whereupon the subsequent pushing of the actuation button 182 causes arms 186 to act on the inclined surfaces 150 of the rotator barrel 132, completing the turning of the rotator barrel to its locked position). Regarding claim 19, Holmqvist further discloses that the delivery member guard locking member is axially fixed and rotatable around the longitudinal axis relative to the housing (see in re claims 16 and 17). Regarding claim 22, Holmqvist further discloses that the plurality of proximally directed surfaces extend generally perpendicularly relative to the longitudinal axis (see Fig. 6-7 and 11, wherein it is clear that the proximally facing surfaces on the circumferentially extending portion 144 of each of the two flexible arms 142 of the rotator barrel 132 extend within the plane perpendicular to the longitudinal axis of the housing). Regarding claim 23, Holmqvist further discloses that the plurality of proximally directed surfaces are angled at approximately 90 degrees relative to the longitudinal axis of the housing (see Fig. 6-7 and 11, wherein it is clear that the proximally facing surfaces on the circumferentially extending portion 144 of each of the two flexible arms 142 of the rotator barrel 132 extend within the plane perpendicular to the longitudinal axis of the housing, and are thus angled at approximately 90 degrees relative to the longitudinal axis of the housing). Regarding claim 24, Holmqvist further discloses that the plurality of proximally directed surfaces are angled at angled at approximately 90 degrees relative to the longitudinal axis of the housing (see Fig. 6-7 and 11, wherein it is clear that the proximally facing surfaces on the circumferentially extending portion 144 of each of the two flexible arms 142 of the rotator barrel 132 extend within the plane perpendicular to the longitudinal axis of the housing, and are thus angled at approximately 90 degrees relative to the longitudinal axis of the housing). Claim(s) 16-19 and 22-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holmqvist ‘905 (U.S. Pat. Pub. No. 2013/0237905 A1). Regarding claim 16, Holmqvist ‘905 discloses a sub-assembly of a medicament delivery device (see Fig. 1-13), the sub-assembly comprising: a housing (assembly of housing 10 and mixing cylinder 50) extending along a longitudinal axis between a proximal end and a distal end (see Fig. 1-3 and 10-13, [0042], and [0044]); a guard adapter (distal end half of the medicament delivery member guard 46, comprising protrusions 84) arranged within the housing (see Fig. 1-3 and 10-13), wherein the guard adapter is axially movable relative to the housing and rotationally fixed to the housing (via longitudinal grooves 52 cooperating with inwardly protruding ledges 54 of the mixing cylinder – see Fig. 6-7 and [0045]); and a delivery member guard locking member (cylindrical rotator 68) arranged within the housing (see Fig. 3 and 5-8, and [0047-0048]), wherein the guard adapter comprises a distally directed surface (distally directed surface-half of one of the two protrusions 84), wherein the delivery member guard locking member is movable relative to the guard adapter between an unlocked position where the distally directed surface of the guard adapter is not aligned with a plurality of proximally directed surfaces (the proximally directed surface 79 of a one of the tongues 78, and the proximally directed top surface of a one of the flexible arms 70, upon which wedge 72 is provided, these two features together forming a plurality of proximally directed surfaces) of the delivery member guard locking member in the direction of the longitudinal axis (see Fig. 3 and 5-8, and [0051], wherein the initial unlocked position of the cylindrical rotator 68 and delivery member guard 46 is such that the distally directed surface of a one of the protrusions 84 of the delivery member guard 46 is aligned with the inclined groove 82 of the cylindrical rotator 68 corresponding to that protrusion 84 rather than the proximally directed surface 79 of a one of the tongues 78 or the proximally directed top surface of a one of the flexible arms 70), and a locked position where at least one of the plurality of proximally directed surfaces (the proximally directed surface 79 of the tongue 78 corresponding to the a one protrusion 84) is overlap with the distally directed surface of the guard adapter in the direction of the longitudinal axis (see [0048] and [0052], wherein the cylindrical rotator 68 is rotated during the injection process into a locked position such that upon injection of the medicament, the a one protrusion 84 delivery member guard 46 is aligned with and may be slid along the corresponding longitudinally directed groove 80 until it passes the corresponding tongue 78 and thereby is overlap with the proximally directed surface 79 of the corresponding tongue 78, this feature then preventing – or locking – the delivery member guard from being distally withdrawn due to the overlap contact with the distally directed surface-half of the a one of the two protrusions 84), and wherein when the delivery member guard locking member is in the locked position, the delivery member guard locking member is axially fixed to the housing (see Fig. 7 and 9, wherein the cylindrical rotator 68 is fixed in axial position relative to the housing by virtue of being closely mounted within the mixing cylinder 50 between the end flange of the mixing cylinder on the proximal side and connector sleeve 58 on the distal side). Regarding claim 17, Holmqvist ‘905 further discloses that the delivery member guard locking member is rotatable relative to the guard adapter around the longitudinal axis between the unlocked position and the locked position (see in re claim 16). Regarding claim 18, Holmqvist ‘905 further discloses that the delivery member guard locking member comprises a proximally directed surface (proximally directed surface of the inclined groove 82 corresponding to the other of the two protrusions 84, this other protrusion and corresponding inclined groove being disposed symmetrically upon the opposite side of the delivery guard member and cylindrical rotator respectively from those considered above) extending in the direction of the longitudinal axis and the direction around the longitudinal axis (see Fig. 8, wherein it is clear that the proximally directed surface of the inclined groove 82 extends in a direction comprising both axial and circumferential components), and wherein the guard adapter comprises a third distally directed surface (distally directed surface-half of the other of the two protrusions 84) configured to move along the proximally directed surface of the locking member thereby rotating the locking member from the unlocked position to the locked position (see Fig. 7-13 and [0051], ln 1-4). Regarding claim 19, Holmqvist ‘905 further discloses that the delivery member guard locking member is axially fixed (see Fig. 7 and 9, wherein the cylindrical rotator 68 is fixed in axial position relative to the housing by virtue of being closely mounted within the mixing cylinder 50 between the end flange of the mixing cylinder on the proximal side and connector sleeve 58 on the distal side) and rotatable around the longitudinal axis relative to the housing (see in re claim 16). Regarding claim 22, Holmqvist ‘905 further discloses that the plurality of proximally directed surfaces extend generally perpendicularly relative to the longitudinal axis (see Fig. 3 and 6-8, wherein it is clear that each of the proximally directed surface 79 of a one of the tongues 78, and the proximally directed top surface of a one of the flexible arms 70, upon which wedge 72 is provided, each extend generally within the plane perpendicular to the longitudinal axis of the housing). Regarding claim 23, Holmqvist ‘905 further discloses that the plurality of proximally directed surfaces are angled at approximately 90 degrees relative to the longitudinal axis of the housing (see Fig. 3 and 6-8, wherein it is clear that each of the proximally directed surface 79 of the a one of the tongues 78, and the proximally directed top surface of the a one of the flexible arms 70, upon which wedge 72 is provided, each extend generally within the plane perpendicular to the longitudinal axis of the housing and are thus angled at approximately 90 degrees relative to the longitudinal axis of the housing). Regarding claim 24, Holmqvist ‘905 further discloses that the plurality of proximally directed surfaces are angled at angled at approximately 90 degrees relative to the longitudinal axis of the housing (see Fig. 3 and 6-8, wherein it is clear that each of the proximally directed surface 79 of the a one of the tongues 78, and the proximally directed top surface of the a one of the flexible arms 70, upon which wedge 72 is provided, each extend generally within the plane perpendicular to the longitudinal axis of the housing and are thus angled at approximately 90 degrees relative to the longitudinal axis of the housing). Regarding claim 25, Holmqvist ‘905 further discloses that each of the plurality of proximally directed surfaces is offset from the rest of the plurality of proximally directed surfaces in a radial direction relative to the longitudinal axis (see Fig. 8, wherein it is clear that the proximally directed surface 79 of the a one of the tongues 78 is radially offset inwardly from at least a portion of the proximally directed top surface of the a one of the flexible arms 70, upon which wedge 72 is provided). 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(s) 26-30 are rejected under 35 U.S.C. 103 as being unpatentable over Holmqvist in view of Olson (U.S. Pat. Pub. No. 2013/0131590 A1). Regarding claim 26, Holmqvist may be alternatively interpreted (alternative to the above interpretation in re claim 16) such that Holmqvist discloses a sub-assembly of a medicament delivery device (see embodiment of Fig. 5-13 and [0045-0054]), the sub-assembly comprising: a housing (102) extending along a longitudinal axis between a proximal end and a distal end (see Fig. 6-8 and 10-11, and [0045]); a guard adapter (distal end portion of the delivery member guard 104, comprising distally directed tongues 116 and protrusions 106) arranged within the housing (see Fig. 6-8 and 11, and [0045-0046]), wherein the guard adapter is axially movable relative to the housing and rotationally fixed to the housing (by virtue of protrusions 106, which cooperate with longitudinal grooves 108 in the housing 102 to limit the movement of the entire delivery member guard 104 to axial movement relative to the housing – see Fig. 6-7 and 11, and [0045]); and a delivery member guard locking member (rotator barrel 132) arranged within the housing (see Fig. 6-7 and 11, and [0047]), wherein the guard adapter comprises a distally directed surface (distal tip surface of one of the two distally directed tongues 116), wherein the delivery member guard locking member is movable (rotatable) relative to the guard adapter between an unlocked position where the distally directed surface of the guard adapter is not aligned with a proximally directed surface (proximally facing surface on the circumferentially extending portion 144 of one of the two flexible arms 142 of the rotator barrel 132 corresponding to the aforementioned one of the two distally directed tongues 116) of the delivery member guard locking member in the direction of the longitudinal axis (see Fig. 6-7 and 11, and [0051], wherein the unlocked position is the initial position of the rotator barrel prior to the delivery member guard 104 being pushed distally during preparation for injection, thereby causing the rotator barrel to turn, this initial position being depicted in the cited figures, wherein it is clear from the figures and text that in this position, the distal tip surface of each one of the two distally directed tongues 116 is not aligned with the proximally facing surfaces on the circumferentially extending portion 144 of the corresponding one of the two flexible arms 142 of the rotator barrel 132, but rather is aligned approximately with a corresponding one of the two inclined surfaces 140 of the rotator barrel), and a locked position where at least one of the plurality of proximally directed surfaces is overlap with the distally directed surface of the guard adapter in the direction of the longitudinal axis (see [0053-0054], wherein the rotator barrel is turned such that once the delivery member guard 104 is proximally extended after injection is complete, the proximally facing surface on the circumferentially extending portion 144 of each of the two flexible arms 142 of the rotator barrel 132 becomes aligned with the corresponding distal tip surfaces of the corresponding one of the two distally directed tongues 116 of the delivery member guard 104, thereby locking the delivery member guard 104 against distal movement – here, the delivery member guard 104 is thus locked in position by the rotator barrel 132 in “locked” position), and wherein when the delivery member guard locking member is in the locked position, the delivery member guard locking member is axially fixed to the housing (by virtue of circumferentially extending grooves 134, which cooperate with flexible arms 138 on the housing 102 to axially lock the rotator barrel 132 relative to the housing – see Fig. 6-7 and 11, and [0047]). In this alternative interpretation, Holmqvist fails to teach a plurality of proximally directed surfaces that are each overlapped with the rest of the plurality of proximally directed surfaces in the direction of the longitudinal axis of the housing, Holmqvist instead teaching a single proximally directed surface (the proximally facing surface on the circumferentially extending portion 144) on each flexible arm 142 that is configured to engage the distally directed surface (the corresponding distal tip surfaces of the corresponding one of the two distally directed tongues 116) of the guard adapter in order to prevent the guard adapter from moving distally once the distally directed surface has moved into engagement with the single proximally directed surface (see Fig. 6-7 and 11, and [0047]). However, it is well known within the art to provide multiple proximally directed surfaces to serve this same purpose. Olsen, for example, exhibits a sub-assembly of a medicament delivery device similar to that of Holmqvist, comprising a housing (110) within which a delivery member guard (needle shield 114) and delivery member guard locking member (rotator 126) similar to those of Holmqvist are provided (see Fig. 7-12 and [0053-0056]). Olsen teaches that the advancement and subsequent locking of the delivery member guard may be controlled by use of a well known variety of engagement features, including a plurality of proximally directed surfaces (ledges 42) arranged in an overlapping manner such that are each overlapped with the rest of the plurality of proximally directed surfaces in the direction of the longitudinal axis of the housing (see Fig. 6a-6c), each being configured to successively engage with a member (40) of the guard adapter in order to thereby provide locking of the delivery member guard 104 against distal movement at intervals (distances d) throughout the extension movement of the delivery member guard (see Fig. 6a-6c, [0042-0043], [0044], ln 1-14, [0045], ln 8-11, and [0046]). Based on the teachings of Olsen, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible arms 142 of Holmqvist such that they may comprise multiple proximally directed surfaces, each overlapped with the rest of the plurality of proximally directed surfaces in the direction of the longitudinal axis and each configured to successively engage with the distally directed surface of the guard adapter in the manner taught by Olsen, in order to thereby provide locking of the delivery member guard 104 against distal movement throughout the extension movement of the delivery member guard, as described by Olsen (see Fig. 6a-6c, [0042-0043], [0044], ln 1-14, [0045], ln 8-11, and [0046]), rather than merely at its completion, such having the advantageous effect of ensuring that the delivery member guard is not accidentally withdrawn and the needle exposed after injection due to user error (fumbling of the device) or malfunction which may prevent the delivery member guard from fully extending. Regarding claim 27, Holmqvist further discloses that the locking member comprises a body (flexible arm 142), and Holmqvist is modified according to the teachings of Olsen (see in re claim 26) such that the body comprises each of the plurality of proximally directed surfaces. Olsen further teaches that the plurality of proximally directed surfaces may be provided by aligned ratchet teeth (44), wherein each ratchet tooth comprises one of the plurality of proximally directed surfaces (see Fig. 6c and [0046]). It would thus have been obvious as part of the above modification to provide the plurality of proximally directed surfaces taught by Olsen as being provided by aligned ratchet teeth, wherein the body (flexible arm 142) of Holmqvist may comprise aligned ratchet teeth, and wherein each ratchet tooth comprises one of the plurality of proximally directed surfaces, as taught by Olsen. Regarding claim 28, it would further have been obvious as part of the above modification (see in re claims 26 and 27) to provide the ratchet teeth as arranged between the proximal end of the flexible arm and the distal end of the flexible arm, such that each is configured to successively engage with the distally directed surface of the guard adapter in the manner taught by Olsen (see in re claim 26). Regarding claim 29, Holmqvist further discloses that the locking member comprises a body (flexible arm 142), and Holmqvist is modified according to the teachings of Olsen (see in re claim 26) such that the body comprises each of the plurality of proximally directed surfaces. Olsen further teaches that the plurality of proximally directed surfaces may be provided/defined by way of a stairway-shaped structure (ledges 42 of Fig. 6a-6b), wherein each of the plurality of proximally directed surfaces is axially offset from the rest of the plurality of proximally directed surfaces within the stairway-shaped structure (see Fig. 6a-6b and [0046]). It would thus have been obvious as part of the above modification to provide the plurality of proximally directed surfaces taught by Olsen as being provided by provided/defined by way of a stairway-shaped structure formed on the body (flexible arm 142) of Holmqvist, wherein each of the plurality of proximally directed surfaces is axially offset from the rest of the plurality of proximally directed surfaces within the stairway-shaped structure, as taught by Olsen. Regarding claim 30, it would further have been obvious as part of the above modification (see in re claims 26 and 27) to provide the stairway-shaped structure as arranged between the proximal end of the flexible arm and the distal end of the flexible arm, such that each step/ledge forming one of the plurality of proximally directed surfaces is configured to successively engage with the distally directed surface of the guard adapter in the manner taught by Olsen (see in re claim 26). Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This art includes Cleathero (U.S. Pat. No. 9,956,344 B2) exhibits a medicament delivery device comprising a delivery member guard locking member (rotating sleeve 18) that comprises a set of flexible arms (beams 18d) similar to those claimed in re claim 20 (see Fig. 3 and associated text). Dasbach (U.S. Pat. Pub. No. 2023/0285673 A1) exhibits a medicament delivery device comprising a delivery member guard locking member (collar 117) that comprises proximally directed surfaces (143, 145, 147) similar to those claimed (see Fig. 1a-1h, and 8a-8b, and associated text). Steffanov (U.S. Pat. Pub. No. 2018/029677s A1) exhibits a medicament delivery device comprising a delivery member guard locking member (rotator 82) similar to that claimed (see Fig.1 and 6, and associated text). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric A Lange whose telephone number is (571)272-9202. The examiner can normally be reached on M-F 8:30am-noon and 1pm-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, Chelsea Stinson can be reached on (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ERIC A LANGE/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
Read full office action

Prosecution Timeline

Jan 31, 2024
Application Filed
Jun 23, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
89%
With Interview (+9.6%)
2y 2m (~0m remaining)
Median Time to Grant
Low
PTA Risk
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