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 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 1-11 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.
In claim 1, lines 24/25 of page 3 of the claims, “both sides of the piston assembly” has no prior antecedent basis.
In claim 2, lines 2 and 3 of the claim, “the number of the guide plate is two; two guides plates are symmetrically…” is unclear. This should be reworded as –the guide plate comprises two guide plates which are symmetrically…--.
In claim 2, line 4 of the claim, “the number of the slope is four” is unclear. This should be reworded as –wherein the slope comprises four slopes--.
In claim 2, line 6, “the number of the actuation column is four” is unclear. This should be reworded as –wherein the slope comprises four slopes--.
In claim 2, lines 6 and 7, “the number of the spring support portion is two” is unclear, and should be reworded as –the spring support portion comprises two spring support portions--.
In claim 2, line 7, “and” should be changed to –wherein the--.
In claim 2, line 8, --the-- should be inserted after “and”.
In claim 2, lines 8 and 9, “both sides of the two spring support portions” has no prior antecedent basis.
In claim 3, lines 2 and 3, “the number of the spring support portion is two” is unclear, and should be reworded as –the spring support portion comprises two spring support portions--.
In claim 3, line 2, “and two” should be changed to –and are--.
In claim 10, line 7, “the number of the elastic claw is two” is unclear, and should be changed to –the elastic claw comprises two elastic claws--.
In claim 10, line 7, --the—should be inserted after “and”.
In claim 11, line 7, “is downward and inward provided below” is unclear. For purposes of this action, this will be interpreted as –is oriented dowwardly and inwardly and provided below--.
Allowable Subject Matter
Claims 1-11 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art cited is representative of the current state of the art. However the prior art of record, taken alone or in combination, does not disclose the automatic injector pen including all of the limitations as recited in instant claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS D LUCCHESI whose telephone number is (571)272-4977. The examiner can normally be reached M-F 800-430.
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, Eric Rosen can be reached at 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772
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