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 .
Claim Objections
Claims 30 and 34 are objected to because of the following informalities:
Recitation of “and” in line 1 of claims 30 and 34 should be deleted.
Appropriate correction is required.
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 22, 28 and 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.
Recitations of “said one or more radially moveable fingers” in line 19 of claim 22, “said first or said second predefined distance” in bridging lines 2-3 of claim 28 and “the piston” in line 5 of claim 30 lack positive antecedent basis.
Allowable Subject Matter
Claim 22 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 28 and 30 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 23-27, 29 and 31-34 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:
WO 94/21316 to Marshall et al. (hereinafter “Marshall”) is considered the closest prior art to an injector of claim 1.
Marshall teaches an injector (see Fig.1 - device) for use with a primary package (Fig.1- capsule 4) comprising a cannula component (Fig.1 - needle 5) and a body containing a medicament and a bung (Fig.1 - piston 14) located within the body,
the injector comprising:
a substantially cylindrical proximal component configured to accommodate said cannula component and at least a part of said body (Fig.1 - cylindrical barrel 1 with nose piece 3);
a substantially cylindrical distal component for telescopic engagement with said proximal component (Fig.1 - elongate cylindrical cap 2), the distal component having a distal end wall (see Fig.1 - end wall of a cap 2) and a member extending axially from said distal end wall into a central region of the distal component (see Fig.1 - annular wall of a cap 2); and the injector being configured such that a force applied to telescope the proximal and distal components together causes a plunger (see Fig. 1 - 15) to:
push the primary package or syringe components through the proximal component and thereby cause a cannula of the cannula component to project from the proximal component (page 6, line 28 – page 7, line 13);
thereafter drive the bung through the body of the cartridge or syringe body to eject medication through the cannula component (page 7, lines 14-17); and
thereafter disengage the plunger from the distal component to allow the entire primary package or syringe, together with the plunger, to be moved through the injector in a distal direction and thereby withdraw the cannula entirely into the proximal component (page 7, lines 19-22), wherein said plunger comprises two or more flexible fingers (Fig.1 - fingers 16) extending in a substantially axial direction and the other of said member and said plunger comprises engagement features for engaging with said fingers (Fig.1 - formation 18) (see figures 1-2, 6, 7-9; page 5, line 12 – page 7, line 28).
However, Marshall does not teach or suggest the injector of claim 1 comprising
a plunger releasably engaged within said distal component for engagement with said bung,
one or more radially moveable fingers being coupled to one or more respective flexible arms extending substantially axially through the cylindrical housing of the distal component from a distal end of the housing;
a feature or features provided in or on said plunger for engagement with the one or more radially moveable fingers to facilitate said releasable engagement of the plunger with the distal component; and
a restraining component located within the distal component, the restraining component being movable in a distal direction within the distal component from an initial pre-injection position in which it restrains said fingers from radially outward movement to a post-injection position in which is does not restrain said fingers from radially outward movement.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN KIM whose telephone number is (571)272-1142. The examiner can normally be reached Maxi Flex.
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/John Kim/Primary Examiner, Art Unit 1777
JK
1/24/26