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 § 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.
Claims 1-2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Tamaru et al. (USPGPub 2016/0158512) in view of Park et al. (USPGPub 2017/0252546) above, and further in view of Ferguson et al. (USPGPub 2012/0041337).
Re Claim 1, Tamaru teaches a microneedle (Tamaru Figs. 9a-9c), comprising: a needle part (1) comprising a plurality of tips (11, 13) formed from a liquid formulation formed with a medicinal solution (Tamaru ¶ 0120) and configured to penetrate skin (as seen in Tamaru Figs. 9a-9c); and a base (3) for supporting the plurality of tips (11, 13); and a guide part (23) configured to guide the needle part (1) to penetrate the skin (Tamaru ¶ 0152-0163), wherein the base (3) includes a plurality of openings (9b) (Tamaru ¶ 0152), wherein the plurality of tips (11, 13) includes a plurality of coupling grooves (9a) at rear ends of the plurality of tips (11, 13) (as seen in Tamaru Figs. 9a-9c), wherein each of the plurality of coupling grooves (9a) is open through a corresponding opening of the plurality of openings (9b) in the base (3) in a direction opposite to the penetration direction (as seen in Tamaru Figs. 9a-9c), wherein the guide part (23) includes a plurality of pressing protrusions (25) respectively coupled to the plurality of coupling grooves (9a) through the plurality of openings (9b) and a support (23) for supporting the plurality of pressing protrusions (25) (Tamaru ¶ 0096; Fig. 9b), wherein each of the plurality of pressing protrusions (25) has a front end and a rear end extending from the rear end to the front end in the protrusion direction (as seen in Tamaru Fig. 9b), and wherein a size of a cross- sectional area of each of the plurality of pressing protrusions (25) decreases from the rear end toward the front end (as seen in Tamaru Fig. 9b, the pressing protrusions 25 have a stepped configuration that decreases in cross-sectional area from the rear end to the front end in the protrusion direction).
Tamaru fails to expressly teach wherein the needle part, in a state of being coupled with the guide part, penetrates the skin. However, the limitation “wherein the needle part, in a state of being coupled with the guide part, penetrates the skin” is a functional limitation and an inherent characteristic of prior art Tamaru. Nothing in prior art Tamaru prevents the embodiment of Figs. 9a-9c being used in the manner as suggested by applicant where Tamaru possesses all of the structure necessary for carrying out the aforementioned functional limitation (See MPEP 2114-I). Furthermore, a claim limitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim (See MPEP 2114-II).
However, Tamaru fails to teach wherein the needle part is provided with a plurality of separation guides, each separation guide of the plurality of separation guides formed between the base and each tip of the plurality of tips respectively to separate the plurality of tips from the base, wherein each of the plurality of separation guide of a plurality of separation guides is provided between a corresponding tip of the plurality of tips and the base along only a circumference of a rear end of the corresponding tip of the plurality of tips and is thinner than the rear end of the corresponding tip of the plurality of tips so that the plurality of tips are easily separated from the base.
Park teaches a microneedle (Park Annotated Fig. 2 below) with needle part (1) comprising a plurality of tips (2) configured to penetrate the skin (Park ¶ 0056-0059), a base (3), and a plurality of separation guides (2-1) formed between the base (3) and each tip (2) of the plurality of tips (2) respectively to separate the plurality of tips (2) from the base (3), wherein each of the plurality of separation guides (2-1) is provided between a corresponding tip (2) of the plurality of tips (2) and the base (3) along only a circumference of a rear end (2-3) of the corresponding tip (2) of the plurality of tips (2) and is thinner than the rear end of the corresponding tip (2) of the plurality of tips (2) so that the plurality of tips are easily separated from the base (3) (as seen in Park Annotated Fig. 2 below) for securing the plurality of tips to the base until penetration into the skin, thus shortening an administration time and allowing administration of a fixed amount of medication (Park ¶ 0005-0007, 0011-0013).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the needle part of Tamaru to comprise a plurality of separation guides, each separation guide of the plurality of separation guides formed between the base and each tip of the plurality of tips respectively to separate the plurality of tips from the base, wherein each of the plurality of separation guide of a plurality of separation guides is provided between a corresponding tip of the plurality of tips and the base along only a circumference of a rear end of the corresponding tip of the plurality of tips and is thinner than the rear end of the corresponding tip of the plurality of tips so that the plurality of tips are easily separated from the base as disclosed by Park for securing the plurality of tips to the base until penetration into the skin, thus shortening an administration time and allowing administration of a fixed amount of medication (Park ¶ 0005-0007, 0011-0013). In the present case, modification of the plurality of tips of Tamaru to be similar to that of Park would result in the plurality of tips being easily separated from the base due to a physical pressing force by the guide part.
Tamaru also fails to teach wherein each of the plurality of coupling grooves has a hemispherical cavity extending in a penetration direction of the needle part and a curved surface facing the penetration direction. Park teaches a plurality of coupling grooves (4) wherein each coupling groove (4) has a hemispherical cavity extending in a penetration direction of the needle part (1) and a curved surface facing the penetration direction (as seen in Park Annotated Fig. 2 below).
It would have been an obvious matter of design choice to modify Tamaru in view of Park to include coupling grooves with a hemispherical cavity and a curved surface extending in a penetration direction since applicant has not disclosed that having coupling grooves with a hemispherical cavity and a curved surface extending in a penetration direction solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either design. Furthermore, absent a teaching as to the criticality of coupling grooves with a hemispherical cavity and a curved surface extending in a penetration direction, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553, 555, 188 USPQ 7, 9 (CCPA 1975).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the coupling grooves of Tamaru in view of Park to have a hemispherical cavity extending in a penetration as disclosed by Park wherein such a configuration is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement (as seen in Park Annotated Fig. 2 above). Furthermore, in the Tamaru in view of Park embodiment, the pressing force due to a physical pressing force by the guide part by Tamaru would be placed, respectively, into and coupled to curved surfaces of the plurality of coupling grooves of the plurality of tips though the plurality of openings of the base.
Finally, Tamaru in view of Park fail to teach wherein a size of a cross-sectional area of each of the plurality of pressing protrusions gradually decreases from the rear end toward the front end. Ferguson teaches a microneedle (501) and pressing protrusion (550) (Ferguson Figs. 5A and 5C) wherein a size of a cross-sectional area of the pressing protrusion (550) gradually decreases from the rear end toward the front end (as seen in Ferguson Figs. 5A and 5C) for ease of removing the microneedle (501) from the pressing protrusion (550) (Ferguson ¶ 0049). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have had the cross-sectional area of each of the plurality of pressing protrusions gradually decrease from the rear end toward the front end as disclosed by Ferguson for ease of removing the microneedle from the pressing protrusion (Ferguson ¶ 0049).
Re Claim 2, Tamaru in view of Park above, and further in view of Ferguson teach all of the limitations of Claim 1. Tamaru teaches wherein the guide part (23) is integrally formed with the needle part (1) (Tamaru Fig. 9c), and is configured to separate from the plurality of tips (11, 13) after the plurality of tips (11, 13) penetrate the skin (as seen in Tamaru Figs. 9c, the guide part 23 becomes integrally formed with the needle part 1 when the two are connected).
Re Claim 4, Tamaru in view of Park above, and further in view of Ferguson teach all of the limitations of Claim 1. Tamaru teaches wherein the guide part (23) and the base (3) are configured to be separated from the plurality of tips (11, 13) when the plurality of tips (11, 13) penetrate the skin (as seen in Tamaru Fig. 9c).
Claims 6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Tamaru et al. (USPGPub 2016/0158512) in view of Reitz et al. (USPGPub 2019/0091455).
Re Claim 6, Tamaru teaches a microneedle (Tamaru Figs. 9a-9c) comprising: a needle part (1) comprising a plurality of tips (11, 13) formed from a liquid formulation formed with a medicinal solution (Tamaru ¶ 0120) and configured to penetrate skin (as seen in Tamaru Figs. 9a-9c) and a base (3) for supporting the plurality of tips (11, 13); and a guide part (23) configured to guide the needle part (1) to penetrate the skin (Tamaru ¶ 0152-0163), wherein the base (3) includes a plurality of openings (9b) (Tamaru ¶ 0152), wherein the plurality of tips (11, 13) include a plurality of coupling grooves (9a) at rear ends of the plurality of tips (11, 13), wherein each of the plurality of coupling grooves (9a) is open through a corresponding opening of the plurality of openings (9b) in a direction opposite to a penetration direction of the microneedle (as seen in Tamaru Figs. 9a-9c), and wherein the guide part (23) includes a plurality of pressing protrusions (25) respectively coupled to the plurality of coupling grooves (9a) through the plurality of openings (9b) (Tamaru ¶ 0096; Fig. 9b).
Tamaru fails to expressly teach wherein the needle part, in a state of being coupled with the guide part, penetrates the skin. However, the limitation “wherein the needle part, in a state of being coupled with the guide part, penetrates the skin” is a functional limitation and an inherent characteristic of prior art Tamaru. Nothing in prior art Tamaru prevents the embodiment of Figs. 9a-9c being used in the manner as suggested by applicant where Tamaru possesses all of the structure necessary for carrying out the aforementioned functional limitation (See MPEP 2114-l). Furthermore, a claim limitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim (See MPEP 2114-II).
However, Tamaru fails to teach wherein the needle part includes a plurality of separation holes in the base to be spaced apart from each other along a circumference of a rear end of each of the plurality of tips and a perforation line is formed along the plurality of separation holes along which the plurality of tips are respectively separated from the base, wherein the plurality of tips include a first tip, a second tip adjacent to the first tip, a third tip adjacent to the second tip, and a fourth tip adjacent to each of the first tip and the second tip, at least four first separation holes are formed along a circumference of a rear end of the first tip and a first perforation line is formed along the first separation holes, at least four second separation holes are formed along a circumference of a rear end of the second tip and a second perforation line is formed along the second separation holes, at least four third separation holes are formed along a circumference of a rear end of the third tip and a third perforation line is formed along the third separation holes, and at least four fourth separation holes are formed along a circumference of a rear end of the fourth tip and a fourth perforation line is formed along the fourth separation holes, wherein a set of the first separation holes, a set of the second separation holes, a set of the third separation holes, and a set of the fourth separation holes are spaced apart from each other.
Reitz teaches a microneedle (Reitz Fig. 5) comprising a needle part (50), wherein the needle part (50) includes a plurality of separation holes (57) in a base (8) to be spaced apart from each other along a circumference of each of the plurality of tips (51) and a perforation line is formed along the plurality of separation holes (57) along which the plurality of tips (51) are respectively separated from the base (8) (Reitz ¶ 0038), wherein the plurality of tips (51) include a first tip, a second tip adjacent to the first tip, a third tip adjacent to the second tip, and a fourth tip adjacent to each of the first tip and the second tip (as can be seen in Reitz Fig. 5), at least four first separation holes (57) are formed along a circumference of a rear end of the first tip and a first perforation line is formed along the first separation holes, at least four second separation holes are formed along a circumference of a rear end of the second tip and a second perforation line is formed along the second separation holes, at least four third separation holes are formed along a circumference of a rear end of the third tip and a third perforation line is formed along the third separation holes, and at least four fourth separation holes are formed along a circumference of a rear end of the fourth tip and a fourth perforation line is formed along the fourth separation holes (as can be seen in Reitz Fig. 5), wherein a set of the first separation holes, a set of the second separation holes, a set of the third separation holes, and a set of the fourth separation holes are spaced apart from each other (as can be seen in Reitz Fig. 5; ¶ 0038-0039), wherein the perforations may allow for a liquid to pass through the base between respective needles (Reitz ¶ 0056).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the needle part of Tamaru to comprise a plurality of separation holes in the base to be spaced apart from each other along a circumference of a rear end of each of the plurality of tips and a perforation line is formed along the plurality of separation holes along which the plurality of tips are respectively separated from the base, wherein the plurality of tips include a first tip, a second tip adjacent to the first tip, a third tip adjacent to the second tip, and a fourth tip adjacent to each of the first tip and the second tip, at least four first separation holes are formed along a circumference of a rear end of the first tip and a first perforation line is formed along the first separation holes, at least four second separation holes are formed along a circumference of a rear end of the second tip and a second perforation line is formed along the second separation holes, at least four third separation holes are formed along a circumference of a rear end of the third tip and a third perforation line is formed along the third separation holes, and at least four fourth separation holes are formed along a circumference of a rear end of the fourth tip and a fourth perforation line is formed along the fourth separation holes, wherein a set of the first separation holes, a set of the second separation holes, a set of the third separation holes, and a set of the fourth separation holes are spaced apart from each other, the configuration as disclosed by Reitz wherein the perforations may allow for a liquid to pass through the base between respective needles (Reitz ¶ 0056).
Re Claim 8, Tamaru teaches microneedle (Tamaru Figs. 9a-9c) comprising: a needle part (1) comprising a plurality of tips (11, 13) formed from a liquid formulation formed with a medicinal solution (Tamaru ¶ 0120) and configured to penetrate skin (as seen in Tamaru Figs. 9a-9c) and a base (3) for supporting the plurality of tips (11, 13); and a guide part (23) configured to guide the needle part (1) to penetrate the skin (Tamaru ¶ 0152-0163), wherein plurality of tips (11, 13), and wherein the base (3) has a front surface facing a penetration direction of the needle part (1) and a rear surface facing a direction opposite to the penetration direction (Tamaru Figs. 9a-9c). Tamaru further teaches wherein the needle part (1) comprises an adhesive band provided on a distal surface of the base (3) (Tamaru 4 0119). Furthermore, the limitation wherein an adhesive force between the adhesive band and the skin is greater than the adhesive force between the adhesive band and the needle part is merely a function of the type of adhesive being used or the amount of adhesive used and is therefore merely a design well within the ordinary skill of the art.
Tamaru fails to expressly teach wherein the needle part, in a state of being coupled with the guide part, penetrates the skin. However, the limitation “wherein the needle part, in a state of being coupled with the guide part, penetrates the skin” is a functional limitation and an inherent characteristic of prior art Tamaru. Nothing in prior art Tamaru prevents the embodiment of Figs. 9a-9c being used in the manner as suggested by applicant where Tamaru possesses all of the structure necessary for carrying out the aforementioned functional limitation (See MPEP 2114-l). Furthermore, a claim limitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim (See MPEP 2114-II).
However, Tamaru fails to teach wherein the needle part includes a plurality of separation holes in the base to be spaced apart from each other along a circumference of a rear end of each of the plurality of tips, and a perforation line is formed along the plurality of separation holes along which the plurality of tips are respectively separated from the base, wherein the plurality of tips include a first tip, a second tip adjacent to the first tip, a third tip adjacent to the second tip, and a fourth tip adjacent to each of the first tip and the second tip, at least four first separation holes are formed along a circumference of a rear end of the first tip and a first perforation line is formed along the first separation holes, at least four second separation holes are formed along a circumference of a rear end of the second tip and a second perforation line is formed along the second separation holes, at least four third separation holes are formed along a circumference of a rear end of the third tip and a third perforation line is formed along the third separation holes, and at least four fourth separation holes are formed along a circumference of a rear end of the fourth tip and a fourth perforation line is formed along the fourth separation holes, wherein a set of the first separation holes, a set of the second separation holes, a set of the third separation holes, and a set of the fourth separation holes are spaced apart from each other.
Reitz teaches a microneedle (Reitz Fig. 5) comprising a needle part (50), wherein the needle part (50) includes a plurality of separation holes (57) in a base (8) to be spaced apart from each other along a circumference of each of the plurality of tips (51), and a perforation line is formed along the plurality of separation holes (57) (Reitz ¶ 0038), wherein the plurality of tips (51) include a first tip, a second tip adjacent to the first tip, a third tip adjacent to the second tip, and a fourth tip adjacent to each of the first tip and the second tip (as can be seen in Reitz Fig. 5), at least four first separation holes (57) are formed along a circumference of a rear end of the first tip and a first perforation line is formed along the first separation holes, at least four second separation holes are formed along a circumference of a rear end of the second tip and a second perforation line is formed along the second separation holes, at least four third separation holes are formed along a circumference of a rear end of the third tip and a third perforation line is formed along the third separation holes, and at least four fourth separation holes are formed along a circumference of a rear end of the fourth tip and a fourth perforation line is formed along the fourth separation holes (as can be seen in Reitz Fig. 5), wherein a set of the first separation holes, a set of the second separation holes, a set of the third separation holes, and a set of the fourth separation holes are spaced apart from each other (as can be seen in Reitz Fig. 5; ¶ 0038-0039), wherein the perforations may allow for a liquid to pass through the base between respective needles (Reitz ¶ 0056).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the needle part of Tamaru to comprise a plurality of separation holes in the base to be spaced apart from each other along a circumference of a rear end of each of the plurality of tips, and a perforation line is formed along the plurality of separation holes along which the plurality of tips are respectively separated from the base, wherein the plurality of tips include a first tip, a second tip adjacent to the first tip, a third tip adjacent to the second tip, and a fourth tip adjacent to each of the first tip and the second tip, at least four first separation holes are formed along a circumference of a rear end of the first tip and a first perforation line is formed along the first separation holes, at least four second separation holes are formed along a circumference of a rear end of the second tip and a second perforation line is formed along the second separation holes, at least four third separation holes are formed along a circumference of a rear end of the third tip and a third perforation line is formed along the third separation holes, and at least four fourth separation holes are formed along a circumference of a rear end of the fourth tip and a fourth perforation line is formed along the fourth separation holes, wherein a set of the first separation holes, a set of the second separation holes, a set of the third separation holes, and a set of the fourth separation holes are spaced apart from each other, the configuration as disclosed by Reitz wherein the perforations may allow for a liquid to pass through the base (Reitz ¶ 0056).
Re Claim 9, Tamaru in view of Reitz teach all of the limitations of Claim 8. Tamaru fails to teach wherein a hemispherical cavity is provided in the penetration direction between each of the plurality of tips and the adhesive band. Park teaches a plurality of coupling grooves (4) wherein each coupling groove (4) has a hemispherical cavity extending in a penetration direction of the needle part (1) between each of the plurality of tips (2) and a base (3) (as seen in Park Annotated Fig. 2 above).
It would have been an obvious matter of design choice to modify Tamaru in view of Reitz to include a hemispherical cavity is provided in the penetration direction between each of the plurality of tips and the base since applicant has not disclosed that having a hemispherical cavity is provided in the penetration direction between each of the plurality of tips and the base solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either design. Furthermore, absent a teaching as to the criticality of a hemispherical cavity is provided in the penetration direction between each of the plurality of tips and the base, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553, 555, 188 USPQ 7, 9 (CCPA 1975).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the coupling grooves of Tamaru in view of Reitz to have a hemispherical cavity provided in the penetration direction between each of the plurality of tips and the adhesive band (base of Tamaru), as disclosed by Park wherein such a configuration is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement (as seen in Park Annotated Fig. 2 above).
Response to Arguments
Applicant’s arguments filed 08/28/2025 with respect to Claim 6 objection and 112 indefinite rejection of Claims 6 and 8-9 have been fully considered and are persuasive. Due to clarifying amendments, the objection of Claim 6 and indefinite rejection of Claims 6 and 8-9 are hereinafter withdrawn.
Applicant's arguments filed 08/28/2025 have been fully considered but they are not persuasive. On Page 15 of the response, applicant argues Tamaru fails to teach “wherein the plurality of tips include a plurality of coupling grooves at rear ends of the plurality of tips, wherein each of the plurality of coupling grooves has a hemispherical cavity extending in a penetration direction of the needle part and a curved surface facing the penetration direction, wherein each of the plurality of coupling grooves is open through a corresponding opening of the plurality of openings in a direction opposite to the penetration direction.” Tamaru teaches coupling grooves at rear ends of the tips, as can be seen in Tamaru Fig. 2. Tamaru was not relied upon to teach “each of the plurality of coupling grooves has a hemispherical cavity extending in a penetration direction of the needle part and a curved surface facing the penetration direction.” Finally, as can be seen in Tamaru Fig. 2, Tamaru teaches “wherein each of the plurality of coupling grooves is open through a corresponding opening of the plurality of openings in a direction opposite to the penetration direction.”
Applicant refers to Fig. 8d on Page 15 of the response. However, examiner does not rely on Fig. 8d in the present case. At the bottom of Page 17 of the response, applicant reiterates that primary reference Tamaru fails to teach “a hemispherical cavity extending in a penetration direction of the needle part and a curved surface facing the penetration direction” and “wherein a size of a cross-sectional area of each of the plurality of pressing protrusions gradually decreases from the rear end toward the front end.” Tamaru was not relied upon to teach said limitations. In the middle of Page 18 of the response, applicant argues primary reference Tamaru fails to teach “wherein each of the plurality of separation guides is provided between a corresponding tip of the plurality of tips and the base along only a circumference of a rear end of the corresponding tip of the plurality of tips and is thinner than the rear end of the corresponding tip of the plurality of tips so that the plurality of tips are easily separated from the base due to a physical pressing force by the guide part, and wherein the plurality of pressing protrusions of the guide part are respectively inserted into and coupled to curved surfaces of the plurality of coupling grooves of the plurality of tips though the plurality of openings of the base.” Tamaru is not relied upon to teach said limitation.
On Page 19 of the response, applicant’s arguments turn to secondary reference Park. Applicant argues Park does not teach “the plurality of pressing protrusions of the guide part respectively inserted into and coupled to curved surfaces of the plurality of coupling grooves of the plurality of tips though the plurality of openings of the base” or “wherein a size of a cross-sectional area of each of the plurality of pressing protrusions gradually decreases from the rear end toward the front end.” On Page 21 of the response, applicant’s arguments turn to new amendments to independent Claims 6 and 8. There, applicant argues the prior art fails to teach “a plurality of separation holes in the base to be spaced apart from each other along a circumference of a rear end of each of the plurality of tips, and a perforation line is formed along the plurality of separation holes along which the plurality of tips are respectively separated from the base, wherein the plurality of tips include a first tip, a second tip adjacent to the first tip, a third tip adjacent to the second tip, and a fourth tip adjacent to each of the first tip and the second tip, at least four first separation holes are formed along a circumference of a rear end of the first tip and a first perforation line is formed along the first separation holes, at least four second separation holes are formed along a circumference of a rear end of the second tip and a second perforation line is formed along the second separation holes, at least four third separation holes are formed along a circumference of a rear end of the third tip and a third perforation line is formed along the third separation holes, and at least four fourth separation holes are formed along a circumference of a rear end of the fourth tip and a fourth perforation line is formed along the fourth separation holes, wherein a set of the first separation holes, a set of the second separation holes, a set of the third separation holes, and a set of the fourth separation holes are spaced apart from each other.” To teach the aforementioned limitation, examiner relies upon prior art Reitz Fig. 5.
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 WILLIAM R FREHE whose telephone number is (571)272-8225. The examiner can normally be reached 10:30AM-7:30PM.
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/WILLIAM R FREHE/Examiner, Art Unit 3783
/KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783