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 .
Election/Restrictions
Applicant’s election of Group II (c in the reply filed on 07/27/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim(s) 1-8 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim.
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.
Claim(s) 13-15 is/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.
Regarding claim 13, the phrase "the plunger rod comprises a tubular body" renders the claim indefinite because it is unclear whether this limitation is the same as or different from the limitation “the plunger rod comprises a tubular body” previously recited in claim 9.
Claims 14-15 are rejected by virtue of depending on claim 13.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chu (WO 2017/129337).
Regarding claim 9, Chu discloses
A sub-assembly (4, figs. 2-9 and page 7 line 5 to page 12 line 11) for a medicament delivery device (2), the sub-assembly (4) comprising:
a plunger rod (418) extending along a longitudinal axis (see fig. 5) between a proximal end (proximal end of 418 – towards the injection site) and a distal end (distal end of 418 comprising 4181 – away from the injection site, see fig. 6), wherein the plunger rod (418) comprises a tubular body (4183, fig. 6 and page 9 lines 2-5);
a sleeve (42) extending along the longitudinal axis (see fig. 5) between a proximal end (proximal end of 42 comprising barbs 423 – towards the injection site, see fig. 5) and a distal end (distal end of 42 – away from the injection site, see fig. 5); wherein the sleeve (42) is coaxial to the plunger rod (418) relative to the longitudinal axis (see page 9 line 7 to page 11 line 1 for “Assembly of the plunger unit”) and connected to the plunger rod (418, see page 9 line 7 to page 11 line 1);
an elastic ring (413/416, see page 9 line 7 to page 11 line 1 for 413 and 416 being flexible to be pressed into 412 and then expand to make the protrusions of 413/416 being received in the corresponding orifices of 412) positioned between the tubular body (4183) of the plunger rod (418) and the sleeve (42) in a direction radial to the longitudinal axis (see fig. 5 and page 9 line 7 to page 11 line 1);
wherein the plunger rod (418) is axially movable along the longitudinal axis relative to the sleeve (42, see page 11 line 3 to page 12 line 11 for “Operation of the plunger unit”);
wherein one of the sleeve and the tubular body of the plunger rod has a diameter that monotonically varies along the longitudinal axis from the proximal end towards the distal end (see figs. 6-9 for the diameter of 418 and diameter of 42. See page 7 lines 17-19 for the proximal end of 42 being a free end with flexible arm 422. See fig. 5 for the diameter of 42 monotonically varies when the free end is snapped into holes 4113 and member 43 holding the free end in place. See page 11 lines 4-8 for when 43 is moved in the distal direction, 423 at the free end of 42 is released from holes 4113. See fig. 7 for diameter of 42 monotonically varies when 423 being released); and wherein the elastic ring (413/416) is attached to the other one of the sleeve and the plunger rod (see figs. 5-6 for the outer surface of 413/416 attached to the inner surface of 412 wherein the protrusions 4131/4161 received in the orifices 4123/4124; see figs. 5-6 for the inner surface of 413/416 attached to the outer surface of 418, see also page 9 line 7 to page 11 line 1).
Regarding claim 10, Chu discloses
The sub-assembly according to claim 9, wherein the plunger rod (418) is at least partially arranged within the sleeve (42, figs. 5-9).
Regarding claim 11, Chu discloses
The sub-assembly according to claim 10, wherein the elastic ring (413/416) is attached on an outer surface of the plunger rod (outer surface of 418, see fig. 5); and wherein the sleeve (42) is dimensioned with an inner diameter that increases gradually from the proximal end of the sleeve towards the distal end of the sleeve (Examiner notes: the diameter of 42 increasing gradually from proximal/free end towards the distal end when 423 is snapped into holes 4113 and 423 is held in place by member 43 such that distal movement of 43 is configured to release 423 from holes 4113).
Allowable Subject Matter
Claim(s) 12 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG T ULSH whose telephone number is (571)272-9894. The examiner can normally be reached Monday-Friday 9am-6pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DUNG T ULSH/Examiner, Art Unit 3783
Prosecution Insights