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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 10th, 2024 has been entered.
Response to Amendment
The Amendment filed December 10th, 2024 has been entered. Applicant’s amendments to the Claims have overcome the claim objections, 112(f) interpretation and the 112(b) rejections previously set forth in the Final Office Action mailed October 11th, 2024.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 on page 8, submitted December 10th, 2024, 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.
Claim Objections
Claim 1 objected to because of the following informalities:
Claim 1, line 24: “drive unit” should read --a drive unit--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “drive unit” in claim 1.
Regarding claim 1, the claim recites “drive unit” in line 24 and it is unclear if this is to be interpreted as hardware or software. Paragraph [0205] of the instant application recites “With apparatus 100, particle flow rate can be varied in particular by varying rotational speed of dosing roller 25 by varying rotational speed of dosing drive unit 34” such that the limitation can be interpreted broadly to be any method of controlling the rotation rate, whether that be hardware, software or other mechanisms.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-2, 9-10, 16 & 20 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.
Claim 1 recites the limitation “the lower part” in lines 30-31. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 1, the claim recites “sterilizable material” in line 36 (second recitation) and it is unclear if this is the same sterilizable material or a different sterilizable material as recited in line 36 (first recitation). For examination purposes, these are the same sterilizable material and the limitation will be interpreted as “the sterilizable material”.
Claims 2, 9-10, 16 & 20 are also rejected by virtue of their dependency on claim 1.
Regarding claim 2, the claim recites “all surfaces of the apparatus” in lines 1-2 and it is unclear if these are the same surfaces or different surfaces of the apparatus as recited in claim 1, from which claim 2 depends. For examination purposes, these are the same surfaces and the limitation will be interpreted as “all of the surfaces of the apparatus”.
Regarding claim 2, the claim recites “a substance or a composition” in lines 2-3 and it is unclear if this is the same substance or a different substance from the substance recited in claim 1, from which claim 2 depends. Additionally, it is unclear how it could be a substance or a composition since claim 1 already positively recites a substance. For examination purposes, these are the same surfaces and the limitation will be interpreted as “the substance or a composition”.
Regarding claim 2, the claim recites “human or animal tissue” in line 3 and it is unclear if these are the same human or animal tissue or different human or animal tissue as recited in claim 1, from which claim 2 depends. For examination purposes, these are the same surfaces and the limitation will be interpreted as “the human or the animal tissue”.
Regarding claim 2, the claim recites “a biocompatible or sterilizable material or an anti-inflammatory material” in lines 3-4 and it is unclear if this is the same sterilizable material or a different sterilizable material as recited in claim 1, from which claim 2 depends. Additionally, it is unclear how it could be a biocompatible or sterilizable material or an anti-inflammatory material since a sterilizable material has already been positively recited in claim 1. For examination purposes, these are the same sterilizable material and the limitation will be interpreted as “a biocompatible or the sterilizable material or an anti-inflammatory material”.
Regarding claim 20, the claim recites “all surfaces of the apparatus” in lines 1-2 and it is unclear if these are the same surfaces or different surfaces of the apparatus as recited in claim 1, from which claim 20 depends. For examination purposes, these are the same surfaces and the limitation will be interpreted as “all of the surfaces of the apparatus”.
Regarding claim 20, the claim recites “a substance and a composition” in lines 2-3 and it is unclear if this is the same substance or a different substance from the substance recited in claim 1, from which claim 20 depends. For examination purposes, these are the same surfaces and the limitation will be interpreted as “the substance and a composition”.
Regarding claim 20, the claim recites “human or animal tissue” in line 3 and it is unclear if these are the same human or animal tissue or different human or animal tissue as recited in claim 1, from which claim 20 depends. For examination purposes, these are the same surfaces and the limitation will be interpreted as “the human or the animal tissue”.
Regarding claim 20, the claim recites “a biocompatible and sterilizable material and an anti-inflammatory material” in lines 4-5 and it is unclear if this is the same sterilizable material or a different sterilizable material as recited in claim 1, from which claim 20 depends. For examination purposes, these are the same sterilizable material and the limitation will be interpreted as “a biocompatible and the sterilizable material and an anti-inflammatory material”.
Regarding claim 20, the claim recites “a biocompatible and sterilizable material and an anti-inflammatory material” in lines 5-6 and it is unclear if this is the same sterilizable material or a different sterilizable material as recited in claim 1, from which claim 20 depends. For examination purposes, these are the same sterilizable material and the limitation will be interpreted as “a biocompatible and the sterilizable material and an anti-inflammatory material”.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 2, the claim recites “wherein all surfaces of the apparatus being in contact or being configured for being in contact with a substance or a composition for application to human or animal tissue by the apparatus are made of a biocompatible or sterilizable material or an anti-inflammatory material” and it is unclear how this further limits the subject matter of claim 1, which recites “wherein all surfaces of the apparatus being configured to be in contact with substances for application to human or animal tissue by the apparatus are made of a sterilizable material or are coated with sterilizable material”.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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.
Claims 1-2, 9-10, 16 & 20 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by De Silva et al. (U.S. Pub. No. 20190076989, earliest effective filing date), herein referred to as “De Silva”.
Regarding claim 1, De Silva teaches an apparatus for making medical dry ice particles for surface treatment of human or animal skin (Abstract: present invention relates to a device for producing high-strength CO.sub.2 pellets from CO.sub.2 snow, in particular, for a cleaning device for blasting surfaces to be treated; wherein the disclosed invention would be capable of use for skin treatment), comprising:
at least a first inlet port (CO2 connector 20) for connection to a first source of medical pressurized liquid carbon dioxide (CO2 reservoir 24; [0076]: a CO.sub.2 connector 20 which is connected by a CO.sub.2 line 22 to a CO.sub.2 reservoir 24 in the form of a CO.sub.2 compressed gas cylinder),
at least a first agglomeration chamber (pre-compression chamber 38 & CO2 supply line 22), which is configured for making medical dry ice snow by delivering the medical pressurized liquid carbon dioxide into said first agglomeration chamber and expanding said medical pressurized liquid carbon dioxide within said first agglomeration chamber ([0077]: The liquid CO.sub.2 is expanded by the expanding nozzle 172 and forms CO.sub.2 snow 36 which collects in the pre-compression chamber 38 and is pre-compressed by an agglomeration process. The CO.sub.2 snow is passed on by a stream of CO.sub.2 gas and CO.sub.2 snow 36), wherein the first agglomeration chamber is fluid-connectable or fluid-connected to the first inlet port (see Fig. 1 where the CO2 connector 20 leads to pre-compression chamber 38), wherein the first agglomeration chamber comprises an orifice ([0128]: a valve which is in the form of a solenoid valve and can be arranged in the CO.sub.2 line 22),
a slider configured to open and close the orifice ([0128]: a valve which is in the form of a solenoid valve and can be arranged in the CO.sub.2 line 22 but which is not illustrated in greater detail can be utilized in order to set a quantity for the CO.sub.2 snow 36 that is produced; wherein it is known that a solenoid valve comprises a sliding component),
at least a first compressing device (compressing device 44) being configured for compressing the medical dry ice snow made in the first agglomeration chamber at least partly into medical compressed dry ice ([0079]: main compressing device 44 for compressing CO.sub.2 snow 36 for forming CO.sub.2 pellets 16),
at least a first shredding device (gear wheel compressor 46) comprising at least one cutting device (compressor wheel 86 & pick-up wheel 92) having at least one cutting roll (compressor wheel 86) with at least one cutting blade (stripping element 124) for shredding the medical compressed dry ice at least partly into the medical dry ice particles ([0094]: The stripping elements 124 have a stripping edge 126 which touches or almost touches a compressor wheel sleeve inner surface 130 that bounds the compressor wheel sleeve interior space 128 and/or touches or almost touches a pick-up wheel sleeve inner surface 134 that bounds the pick-up wheel sleeve interior space 132. The CO.sub.2 pellets 16 that have been pressed through the apertures 118 are thereby stripped), wherein the cutting roll is rotatable around its longitudinal axis ([0089]: The compressor wheel 86 and the pick-up wheel 92 are arranged in such a manner that the first axis of rotation 88 and the second axis of rotation 90 run parallel to each other and the teeth 94 engage in the snow pick-ups 98 preferably without touching them. A drive 100 serves for setting the compressor wheel 86 and/or the pick-up wheel 92 into rotation. As schematically illustrated in FIG. 2, the compressor wheel 86 rotates in the direction of the arrow 102 i.e. in the clockwise direction), and
an outlet for discharging the medical dry ice particles ([0096]: The compressed CO.sub.2 pellets emerge from a respective open end of the compressor wheel sleeve 112 and the pick-up wheel sleeve 114 of the gear wheel compressor 46),
wherein the apparatus further comprises a dosing device (transfer device 48), wherein the dosing device comprises at least one dosing roll (roller dispenser 144) with a lateral surface having at least one dosing deepening (plurality of recesses 148) arranged in said lateral surface for collecting and conveying the medical dry ice particles ([0099]: The transfer device 48 is in the form of a segregating device 142 which is formed as a roller dispenser 144. It comprises a roller 146 which is provided with a plurality of recesses 148 on an outer surface thereof which each serve to accommodate an individual CO.sub.2 pellet), wherein the dosing roll is cylinder-shaped and arranged with its longitudinal axis horizontally (see roller dispenser 144 in Fig. 2), said dosing roll configured to be rotatable around a rotation axis and driven by drive unit ([0100]: roller is rotated about its longitudinal axis 150 by means of a drive that is not illustrated in greater detail and thereby conveys the CO.sub.2 pellets 16 in a defined manner), wherein the apparatus is further configured for generating a medical particle jet (mixed flow 12; [0101]: mixed-flow 12 consisting of CO.sub.2 pellets 16 and compressed gas 14) comprising a medical carrier fluid (compressed gas 14) and the medical dry ice particles (CO2 pellets 16), wherein the apparatus comprises a mixing device (venturi tube 108) having a mixing chamber (interior of venturi tube 108) the mixing device being arranged subsequent and below the shredding device (see direction of arrows in Fig. 2 see Fig. 3 for vertical arrangement), wherein the mixing chamber comprises a fluid inlet for flow of the medical carrier fluid (see arrow of compressed gas 14 in Fig. 2), a particle inlet for supplying the medical dry ice particles (see Fig. 2 where CO2 pellets exit apertures 154), and a particle jet outlet for discharging the medical particle jet generated (mixed flow 12, see Fig. 2), wherein the fluid inlet (compressed gas 14, see arrow in Fig. 2) and the particle jet outlet are arranged in the lower part of the mixing chamber (see Fig. 2 where pellets 16 are dispensed by roller 116 through apertures 154 into venturi tube 108 and meet with compressed gas 14), and further comprises a seal (apertures 154), such that the mixing chamber is separated by the dosing roll and the seal into two parts, an upper part (portion of transfer device 48 above roller dispenser 144) and a lower part (portion of transfer device 48 comprising venturi tube 108) such that the medical carrier fluid is configured to flow only through the lower part ([0100]: the segregating device 142 comprises a grating shaft 152 incorporating a plurality of apertures 154 which is located downstream of the roller 146 in order to prevent insofar as possible an agglomeration of the highly compressed CO.sub.2 pellets 16 before they enter the accelerating device 58; where this is seen as the compressed gas 14 only flowing through the bottom part), wherein all surfaces of the apparatus being configured to be in contact with substances for application to human or animal tissue by the apparatus are made of a sterilizable material or are coated with sterilizable material (wherein this is seen as functional language and the apparatus of De Silva is capable of being sterilized as there are many known sterilization processes and absent any specific process, most materials are capable of being sterilized).
Regarding claim 2, De Silva teaches wherein all surfaces of the apparatus being in contact or being configured for being in contact with a substance or a composition for application to human or animal tissue by the apparatus are made of a biocompatible or sterilizable material or an anti-inflammatory material (wherein this is seen as functional language and the apparatus of De Silva is capable of being sterilized as there are many known sterilization processes and absent any specific process, most materials are capable of being sterilized).
Regarding claim 9, De Silva teaches a method for operating the apparatus according to claim 1 ([0083]: Overall, the cleaning device 10 can be constructed in such a way that it can be operated completely independently of external current and CO.sub.2 supplies or sources of compressed gas), comprising the steps:
providing the medical pressurized liquid carbon dioxide ([0076]: a CO.sub.2 line 22 to a CO.sub.2 reservoir 24 in the form of a CO.sub.2 compressed gas cylinder),
delivering said medical pressurized liquid carbon dioxide into the first agglomeration chamber of the apparatus and expanding said medical pressurized liquid carbon dioxide within the first agglomeration chamber for making the medical dry ice snow ([0024]: It is advantageous if the expanding nozzle is arranged and formed for delivering liquid CO.sub.2 into the pre-compression chamber),
compressing said medical dry ice snow at least partly to the medical dry ice ([0079]: a main compressing device 44 for compressing CO.sub.2 snow 36 for forming CO.sub.2 pellets 16),
shredding said compressed medical dry ice at least partly into the medical dry ice particles ([0095]: the compressing elements 96 and the snow pick-ups 98 form cooperating piston cylinder assemblies in which pre-compressed CO.sub.2 snow 36 is formed into CO.sub.2 pellets 16), and
adjusting an amount of the medical dry ice particles being added to the medical carrier fluid flow per unit time ([0069]: The speed of the CO.sub.2 pellets can be adjusted in particular by the flow rate of the compressed gas or the pressure prevailing in the compressed gas line),
providing the mixing device (venturi tube 108) having the mixing chamber (interior of venturi tube 108), which comprises the fluid inlet for a flow of the medical carrier fluid (see arrow of compressed gas 14 in Fig. 2), the particle inlet for supplying the medical dry ice particles (see Fig. 2 where CO2 pellets exit apertures 154) and the particle outlet for discharging the medical particle jet generated (mixed flow 12, see Fig. 2),
providing the seal (apertures 154) for separating the mixing chamber by the dosing roll and the seal into the two parts, the upper part and the lower part ([0100]: the segregating device 142 comprises a grating shaft 152 incorporating a plurality of apertures 154 which is located downstream of the roller 146 in order to prevent insofar as possible an agglomeration of the highly compressed CO.sub.2 pellets 16 before they enter the accelerating device 58).
Regarding claim 10, De Silva teaches the steps:
generating the medical particle jet (mixed flow 12, see Fig. 2) comprising the medical carrier fluid (see arrow of compressed gas 14 in Fig. 2) and the medical dry ice particles (see Fig. 2 where CO2 pellets exit apertures 154) by adding the medical dry ice particles at least partly to a flow of said medical carrier fluid (mixed flow 12, see Fig. 2), and
discharging the medical particle jet generated by the particle outlet of the apparatus ([0081]: a particle jet 70 which is being emitted from the jet nozzle 66 and comprises the CO.sub.2 pellets 16 that are being moved by the compressed gas).
Regarding claim 16, De Silva teaches wherein the apparatus is configured for making medical clean dry ice particles ([0131]: It is possible in the manner described to effectively clean surfaces with the mixed-flow 12 consisting of compressed gas 14 and highly compressed CO.sub.2 pellets 16 using the cleaning device 10; wherein this describes a device capable of being used medicinally).
Regarding claim 20, De Silva teaches wherein all surfaces of the apparatus being in contact and being configured for being in contact with a substance and a composition for application to human and animal tissue by the apparatus are made of a biocompatible and sterilizable material and an anti- inflammatory material and are coated with a biocompatible and sterilizable material and an anti-inflammatory material (wherein this is seen as functional language and the apparatus of De Silva is capable of being biocompatible, sterilizable and anti-inflammatory as there are many known sterilization processes and materials and absent any specific recitation of a process or material, most materials are capable of being biocompatible, sterilizable and anti-inflammatory).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Abigail M Ziegler whose telephone number is (571) 272-1991. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m. EST.
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/ABIGAIL M ZIEGLER/ Examiner, Art Unit 3794
/THOMAS A GIULIANI/ Primary Examiner, Art Unit 3794