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 Amendment
The examiner acknowledges the reply filed on 06/05/2026 in which claims 1, 2, 12, 13, and 16, were amended. Currently, claims 1-20 are pending for examination in this application.
Information Disclosure Statement
The information disclosure statements (IDS), submitted on 05/06/2026 and 07/01/2026, have been considered by the examiner.
Response to Arguments
Applicant's arguments, filed 06/05/2026 have been fully considered but they are not persuasive. Applicant’s representative asserts that the prior art of record does not disclose the invention as claimed.
The examiner has fully considered the applicant’s arguments but they are not persuasive. It is the examiner’s position that given a careful reading, the claims do not distinguish over the prior art of record.
With regards to independent claim 1, applicant’s representative asserts the prior art to Wozencroft does not teach “a safety clip configured to couple to the motor body and to secure the lever actuation member in the locked position.” The examiner respectfully disagrees. As correctly stated by applicant’s representative, the examiner has pointed to items 16/18 as meeting the limitation of the claimed “safety clip” and item 12 as meeting the limitation of the claimed “motor body.” As best understood by the examiner, it appears applicant’s representative’s argument is simply based on the fact that the safety clip taught by Wozencroft is not directly coupled to the motor body. However, lacking any explicit definition within applicant’s specification for the term “couple,” or any additional limitations within the claim language, the examiner is required to provide claim terminology with the broadest reasonable interpretation in light of the specification. Given this, when assembled, the device taught by Wozencroft teaches a safety clip which is always coupled to the motor body. As such, applicant’s representative’s arguments are unconvincing.
In light of the remarks and standing rejection above, the examiner asserts the prior art of record teaches all elements as claimed and these elements satisfy all structural, functional, operational, and spatial limitations currently in the claims. Therefore, the standing rejections are proper and maintained.
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wozencroft (PGPub 2013/0331796).
[Claim 1] Wozencroft teaches a subassembly (figure 1, items 10/12) for a medical injection device (“autoinjector”) (paragraph [0030]) comprising:
a first housing shell (figure 4, item 56);
a drive assembly (figure 4, items 58/60/74/76) configured to move a stopper (“piston”) (figure 2, item 11) of a syringe assembly (figure 2, item 13) (paragraph [0034]), the drive assembly (figure 4, items 58/60/74/76) comprising a drive member (figure 4, item 58), a plunger body (figure 4, item 60), and a lever actuation member (figure 13, items 74/76) moveable between a locked position where actuation of the drive assembly (figure 4, items 58/60/74/76) is prevented (paragraphs [0030], [0034]) and a released position where actuation of the drive assembly (figure 4, items 58/60/74/76) is allowed (paragraph [0042]), the drive assembly (figure 4, items 58/60/74/76) configured to be received at least partially within the first housing shell (figure 4, item 56) (figures 14a/14b/15a/15b);
a motor body (figure 2, item 12), the motor body (figure 2, item 12) receiving at least a portion of the drive assembly (figure 4, items 58/60/74/76) therein (figures 14a/14b/15a/15b) and configured to be received at least partially within the first housing shell (figure 4, item 56) (figure 1); and
a safety clip (figure 1, items 16/18) configured to couple to the motor body (figure 2, item 12) and to secure the lever actuation member (figure 13, items 74/76) in the locked position (paragraphs [0030], [0034]).
[Claim 2] Wozencroft teaches the limitations of claim 1, upon which claim 2 depends. In addition, Wozencroft discloses the safety clip (figure 1, items 16/18) is configured to secure the lever actuation member (figure 13, items 74/76) in the locked position when the drive assembly (figure 4, items 58/60/74/76) and motor body (figure 2, item 12) are received within the first housing shell (figure 4, item 56) (figure 1; paragraphs [0030], [0034]).
[Claim 3] Wozencroft teaches the limitations of claim 1, upon which claim 3 depends. Wozencroft also teaches the safety clip (figure 1, items 16/18) comprises a proximal end and a distal end (figure 4), a first member (figure 4, items 16/18) arranged at the proximal end (figure 4), second (figure 12, item 134) and third (figure 12, item 134) (the examiner notes figure 12 shows two “134” members) members extending distally from the first member (figure 4, items 16/18) (paragraph [0042]), and a fourth member (figure 12, item 126) connected to the second (figure 12, item 134) and third (figure 12, item 134) members (paragraph [0042]).
[Claim 4] Wozencroft teaches the limitations of claim 3, upon which claim 4 depends. Wozencroft further discloses the first member (figure 4, items 16/18) is substantially u-shaped (figures 4 and 12) and comprises a base (figure 12, item 18) and a plurality of arms (figure 12, item 125) extending radially substantially perpendicular to the base (figure 12, item 18) (figure 12).
[Claim 5] Wozencroft teaches the limitations of claim 4, upon which claim 5 depends. In addition, Wozencroft teaches the plurality of arms (figure 12, item 125) comprise a first end (figure 12; proximal ends of items 125) connected to the base (figure 12, item 18) and a second end spaced from the first end (figure 12), the second end comprising an angled surface (figure 12; distal ends of items 125).
[Claim 6] Wozencroft teaches the limitations of claim 5, upon which claim 6 depends. Wozencroft also teaches the angled surface (figure 12; distal ends of items 125) is complimentary to (the examiner notes “complimentary to” does not require any particular structure or orientation between the two structures) at least a portion of the lever actuation member (figure 13, items 74/76) (figures 12 and 13).
[Claim 7] Wozencroft teaches the limitations of claim 3, upon which claim 7 depends. Wozencroft further discloses the second (figure 12, item 134) and third (figure 12, item 134) members are arranged substantially perpendicular to the first member (figure 4, items 16/18) (figure 12).
[Claim 8] Wozencroft teaches the limitations of claim 3, upon which claim 8 depends. Wozencroft also discloses the second member (figure 12, item 134) and third member (figure 12, item 134) are arranged substantially parallel to each other (figure 12).
[Claim 9] Wozencroft teaches the limitations of claim 3, upon which claim 9 depends. In addition, Wozencroft teaches the fourth member (figure 12, item 126) is arranged between the proximal end and the distal end of the safety clip (figure 1, items 16/18) (figures 12 and 15a).
Allowable Subject Matter
Claims 13-20 are allowed.
Claims 10-12 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.
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 JASON E FLICK whose telephone number is (571)270-7024. The examiner can normally be reached M-F 7 a.m.-3 p.m. Eastern Time.
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.
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/JASON E FLICK/Primary Examiner, Art Unit 3783 08/24/2026
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