DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Specification
The amendments to Para 24 and Para 31 of the Specification filed 8/31/2026 are acceptable and overcome the objections set forth in the last Office Action.
Claim Objections
Claim 1 is objected to because of the following informalities: The first comma on line 10 should be removed, a comma should be inserted after the term “wherein” on line 16, and the comma on line 21 should be removed in order to be grammatically correct. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1-3 and 11 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Hommann et al. (PG PUB 2006/0111666).
Re claim 1, Hommann discloses an injection device (Fig 1-3; it is noted that all reference characters cited below refer to Fig 1 unless otherwise noted) for administering a substance (it is noted that the italicized text constitutes a functional limitation and, therefore, “a substance” is not a part of the claimed “injection device”; this limitation is met in view of Para **), comprising: a housing 1 with an exterior (facing radially-outward in Fig 1) configured to be held by a user (it is noted that the italicized text constitutes a functional limitation; this limitation is met in view of Fig 1), the housing defining a longitudinal axis of the injection device (extending horizontally in Fig 1); a syringe (2 + 4 + the needle of Para 12) with a needle (Para 12) and a stopper 4, the syringe connected to the housing in an axially fixed manner during manual piercing by the needle by pushing the injection device onto or against a surface (Para 33); a plunger rod (the portion of rod 11 distal to groove 13) which is movable in the housing (as seen in Fig 1-3), the plunger rod formed as a unitary component with a proximal end (directed to the right in Fig 1) and a distal end (directed to the left in Fig 1), the plunger rod comprising at least one retaining element (the portion of rod 11 including and extending proximal from groove 13) extending proximally from the proximal end (as seen in Fig 1) which holds the plunger rod relative to the housing (Para 34,35), the distal end configured to be received within the syringe and push against and move the stopper for dispensing the substance through the needle (as seen in Fig 2-3, Para 39); an injection spring 14 which is supported at a distal end (to the left in Fig 1) against the plunger rod (as seen in Fig 1) and at a proximal end (to the right in Fig 1) against the housing or an element connected to the housing (as seen in Fig 1, it is against an element connected to the housing 1); and a displaceable lock 12 displaceable within the housing (it is displaced axially, as seen in Fig 1 to Fig 2, and radially, as seen in Fig 2 to Fig 3), wherein in a first position (seen in Fig 2), the displaceable lock holds the at least one retaining element in a positive locking relationship in a retaining position relative to the housing against a force of the injection spring in a tensed state (Para 36,38), and wherein a radial movement between the retaining element and the displaceable element from the first position relative to the longitudinal axis to a second position (seen in Fig 3) releases the at least one retaining element to thereby release the plunger rod (Para 39).
Re claim 2, Hommann discloses that the displaceable lock comprises a retaining region (the radially-inward surface of the lock 12) which holds the at least one retaining element in the first position (Para 36,38).
Re claim 3, Hommann discloses that the syringe is fixedly mounted in the housing (Para 33).
Re claim 11, Hommann discloses that, prior to the displaceable lock reaching the second position, a dispensing operation is prevented (Para 38,39).
Response to Arguments
Applicant’s arguments filed 8/31/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 KAMI A BOSWORTH whose telephone number is (571)270-5414. The examiner can normally be reached Monday - Thursday 8 am - 4 pm.
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/KAMI A BOSWORTH/Primary Examiner, Art Unit 3783
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