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 .
Claim Objections
Claim 11 is objected to because of the following informalities: the claim should be amended to clearly recite that claim 11 depends from claim 7 (by removing the term “any”). Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karlsson et al. (US 2018/0104414) in view of Boyd et al. (US 2013/0018310), and further in view of Dowds et al. (US 2014/0025013).
Regarding claim 7, Karlsson et al. (henceforth Karlsson) discloses a sub-assembly for a medicament delivery device, the sub-assembly comprising: a tubular rotator (82); a tubular housing (61); and a syringe support (84), wherein the rotator comprises a protrusion (824, Figure 4) extending from an outer surface of the rotator (Figure 4), wherein the syringe support (84) comprises a slot (841, Figure 3) extending on an inner surface of the syringe support (Figure 3), the protrusion being in the slot (¶ [0061], the protrusions 824 extend within the longitudinal groove 841). Karlsson fails to disclose the slot as being helical or the syringe support comprising an axially extending slot on an outer surface which receives ribs from the inner surface of the housing.
Boyd et al. (henceforth Boyd) teaches (Figure 6) an inner member (31) comprising a protusion (101) which engages a helical track (100) to allow for at least partial relative rotation of the inner and outer members relative to one another (¶¶ [0079] and [0083]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the sub-assembly of Karlsson to comprise a helically extending track through the interior of the syringe support which engages with the protrusions on the rotator so as to allow for at least some axial movement during relative rotation of the two members relative to one another as taught by Boyd.
As above, Karlsson fails to teach the axially extending slot on an outer surface of the syringe support and the rib on an internal surface of the housing. Dowds et al. (henceforth Dowds) teaches an outer tubular housing (60; Figure 6) which comprises axially extending ribs (inwardly extending protrusions 64 on arms 65; ¶ [0043]) which extend within axially extending slots on an outer surface of an inner member (80; ¶ [0043]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the sub-assembly of Karlsson to comprise the engagement means of Dowds so as to provide a system for allowing axial movement of an inner member relative to an outer member while retaining their alignment along at least a portion of the relative movement as taught by Dowds.
Regarding claim 8, Karlsson further discloses wherein the syringe support (84) comprises a flexible structure at a proximal end of the syringe support (any structure on element 84 may be considered “flexible” or to have some measure of flexibility absent further definition or function; e.g., protrusions 842 will have some degree of flexibility).
Regarding claim 9, Karlsson further discloses wherein the housing comprises a syringe shoulder support extending from an inner surface of the housing (see Figure 3 and ¶ [0064], tabs 825 on the rotator have portions 828 which engage with an inner surface of the housing as in Figure 7; it can be seen that the housing 61 comprises an inwardly extending tapered shoulder portion which would interact with 828 to prevent movement; as the sub-assembly is connected to the syringe 71 this is considered to meet the claim limitation as currently set forth).
Regarding claim 10, Karlsson further discloses wherein the housing comprises a window (seen on distal end of 61 in Figure 3, unlabeled).
Regarding claim 11, Karlsson further discloses the sub-assembly as part of a medicament delivery device (Figure 3, ¶ [0057]).
Regarding claim 12, Karlsson further discloses the medicament delivery device is an autoinjector (see e.g., ¶ [0004] which discloses that a biasing member is selectively released to allow for plunger movement automatically).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN L ZAMORY whose telephone number is (571)270-1238. The examiner can normally be reached M-F 8:30am-4:30pm ET.
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/JUSTIN L ZAMORY/Examiner, Art Unit 3783
/MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783
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