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 Arguments
Applicant's arguments filed 4/23/2026 have been fully considered.
Regarding the objections of claims 2 and 20, the amendments to the claims overcome these objections and the objections are therefore withdrawn.
Regarding the objection of claim 19, the examiner agrees that the amendment to the claim overcomes the rejection and the rejection is therefore withdrawn.
Regarding the rejection of claims 1-7, 17 over Bengtsson, Applicant’s arguments are convincing. Bengtsson does not disclose the tip positioned in the plug when the second housing is in the protected position. Therefore, the rejection is withdrawn. However, upon further consideration in light of the amendments to the claims, a new rejection is made over Bengtsson et al (US 2021/0379297).
Claim Objections
Claims 5, 7, 19 are objected to because of the following informalities:
Claim 5 recites “a tip of the delivery needle”. Claim 2, from which claim 5 depends has been amended to recite “a tip of the delivery needle” and therefore claim 5 should recite “the tip”.
Claim 7 recites “a tip of the delivery needle”. Claim 2, from which claim 7 depends has been amended to recite “a tip of the delivery needle” and therefore claim 7 should recite “the tip”.
Claim 19 recites “a tip of the needle”. Claim 17, from which claim 19 indirectly depends has been amended to recite “a tip of the delivery needle” and therefore claim 19 should recite “the tip”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-7, 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bengtsson et al (US 2021/0379297).
Regarding claim 1, Bengtsson discloses a fluid transfer device, comprising: a first housing 25 comprising a fixedly attached delivery needle 20 (page 3, para. 0042; fig. 2); a second housing 50 longitudinally translatable along a portion of the first housing between a protected position (fig. 3) and an injected position (fig. 4); a biasing mechanism 40 biasing the second housing toward the protected position (fig. 2; page 4, para. 0049); and a plug 38 attached to a distal end of the second housing (fig. 2; page 3, para. 0044), wherein the second housing encapsulates a tip of the delivery needle and the tip is positioned in the plug when the second housing is in the protected position (fig. 2; page 3, para. 0046), the tip penetrates the plug as the second housing translates between the protected position and the injected position, and the tip is exposed when the second housing is in the injected position (figs. 3, 4).
Regarding claim 2, Bengtsson discloses a fluid transfer device, comprising: a first housing 25 comprising a fixedly attached delivery needle 20 (page 3, para. 0042; fig. 2); and a second housing 50 comprising a plug 38 at a distal end (fig. 2; page 3, paras. 0045, 0046) and being longitudinally translatable along a portion of the first housing between a protected position (fig. 3) and an injected position (fig. 4), wherein the second housing is biased toward the protected position (page 4, para. 0049), a tip of the needle is positioned in the plug when the second housing is in the protected position (fig. 3), and the needle penetrates the plug as the second housing translates between the protected position and the injected position (figs. 3, 4).
Regarding claim 3, Bengtsson discloses a biasing mechanism 40 biasing the second housing toward the protected position (fig. 2; page 4, para. 0049).
Regarding claim 4, Bengtsson discloses that the biasing mechanism is a spring 40 (page 4, para. 0049).
Regarding claim 5, Bengtsson discloses that the second housing 50 encapsulates the tip of the delivery needle when the second housing is in the protected position (fig. 2).
Regarding claim 6, Bengtsson discloses that the plug 38 encapsulates and seals the tip when the second housing is in the protected position (fig. 2; page 3, para. 0046).
Regarding claim 7, Bengtsson discloses that the tip of the delivery needle is exposed when the second housing is in the injected position (fig. 4).
Regarding claim 17, Bengtsson discloses a method of providing a hypodermic fluid transfer device, comprising: providing a first housing 25 comprising a fixedly attached delivery needle 20 (fig. 2; page 3, para. 0043); and providing a second housing 50 comprising a plug 38 at a distal end (fig. 2; page 3, para. 000044), the second housing being longitudinally translatable along a portion of the first housing between a protected position (fig. 3) and an injection position (fig. 4), wherein the second housing is biased toward the protected position (page 4, para. 0049), a tip of the needle is positioned in the plug when the second housing is in the protected position (fig. 2) and the needle penetrates the plug 38 as the second housing translates between the protected position and the injected position (fig. 4).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 2, 12-15 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Bengtsson et al (US 2021/0128817) [hereinafter Bengtsson ‘817] in view of Bengtsson et al (US 2021/0379297) [hereinafter Bengtsson ‘297].
Regarding claim 2, Bengtsson ‘817 discloses a fluid transfer device, comprising: a first housing 15 comprising a fixedly attached delivery needle 20 (fig. 2; page 5, para. 0068); and a second housing 50 being longitudinally translatable along a portion of the first housing between a protected position (fig. 2, 6a) and an injected position (fig. 6c), wherein the second housing is biased toward the protected position (page 5, para. 0071), and he needle penetrates the plug as the second housing translates between the protected position and the injected position (figs. 6a-c).
Claim 2 differs from Bengtsson ‘817 in calling for the second housing to comprise a plug and for a tip of the needle to be positioned in the plug when the second housing is in the protected position. Bengtsson ‘297 teaches a fluid transfer device of similar construction to Bengtsson ‘817 and the claimed invention and further comprising a plug 38 in the distal portion of the second housing, and a tip of the needle positioned in the plug when the second housing is in the protected position (fig. 2) in order to provide an antibacterial plug to disinfect the distal end of the needle after use so that the needle can be reused (page 5, para. 0063). 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 second housing of Bengtsson ‘817 to include a plug and wherein the tip of the needle is positioned in the plug when the second housing is in the protected position as taught by Bengtsson ‘297 to disinfect the needle after reuse so that it can be safely reused.
Claim 12 calls for the first housing to further comprises a longitudinal rail having a shelf on a distal end; and the second housing to further comprises a slot configured to receive the longitudinal rail. Bengtsson ‘817 teaches the first housing having a slot to receive a longitudinal rail having a shelf on the second housing (fig. 6a; page 5, para. 0077). The rail and shelf taught by Bengtsson ‘817 are on the reverse of the first housing and second housing as compared to the claimed invention. It has been held that a mere reversal of parts is an obvious modification (MPEP 2144.04(VI)(A)). Therefore, 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 rail and slot taught by Bengtsson ‘817 to be on the reverse of the first housing and second housing because doing so would have been an obvious modification including reversal of parts.
Regarding claim 13, Bengtsson ‘817 discloses two longitudinal rails and the second housing comprises two slots, each configured to receive one longitudinal rail (fig. 7a).
Claim 14 calls for the plug to be one of spherical, ovoid, and a prism having a flat contact surface. Bengtsson ‘297 teaches that the plug has a cylindrical shape with flat contact surfaces (fig. 2). Applicant has not provided any particular reason for the claimed shape of the plug, nor would the plug perform different than the prior art device having the claimed shape, particularly a prism having a flat contact surface (the shape of the plug being rectangular instead of round thereby forming a rectangular prism). Therefore, the claimed device is not patentably distinct from the prior art. (MPEP 2144.04(IV)(B).
Regarding claim 15, Bengtsson ‘297 teaches that the plug comprises an angled flat contact surface (fig. 2). This feature is included in the combination described above with regard to claim 2.
Allowable Subject Matter
Claims 8-11, 16, 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: see prior office action.
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 LAURA A BOUCHELLE whose telephone number is (571)272-2125. The examiner can normally be reached Mon-Fri 8:00-5:00 CST.
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LAURA A. BOUCHELLE
Primary Examiner
Art Unit 3783
/LAURA A BOUCHELLE/Primary Examiner, Art Unit 3783
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