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 .
Response to Amendment
This office action is responsive to the amendment filed on 7/14/2025. As directed by the amendment: claims 1-2, 10, 12, 16, and 19 have been amended. Thus, claims 1-20 are presently pending in this application.
Response to Arguments
Applicant's arguments filed 11/6/2024 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1-20 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.
Specification
Examiner notes that applicant has provided a clean copy of the amended specification and thus resolves the previous objection to the disclosure.
However, the disclosure is objected for the use of the term “Band-Aid ™”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Regarding claim 12
The claim recites “ means for attaching the delivery system to a skin or organ” however the claim does not provide sufficient structure, materials, or acts which performs this function of attaching the delivery system to skin/organ. For examination purposes, in view of applicant’s paragraph 59, such “ means for attaching the delivery system to a skin or organ” can be interpreted as a piece of tape, a drop of glue, or the structural equivalents thereof.
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.
Claim(s) 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20060064052 A1, henceforth written as Zhang.
Regarding claim 19, Zhang discloses:
A method for delivering a drug to a skin or organ of a human, the method comprising: loading a delivery system with the drug;
(invention of fig 5 delivers a liquid drug 1)
attaching the delivery system directly to the skin or organ by pushing one or more needles directly into the skin or organ,
(paragraph 244+257; inserting needles 37 into a subject attaches the invention to the subject; fig 5)
wherein the one or more needles are part of a housing of the delivery system;
(paragraph 244; needles 37 are attached to base 13, the claimed housing, therein can be considered a part of the claimed housing)
and the housing is directly attached to a base
(see examiner's annotation of Zhang's fig 5 denoting the direct attachment points of the claimed base to the claimed housing such that membrane 3 is enclosed by the claimed housing and claimed base)
actuating a bellows membrane of the delivery system to move from a retracted state to an extended state by supplying electrical energy to electrodes directly located on a face of the base;
(paragraph 236-237+246; membrane 3 is moved from an initial undeformed, therein retracted, state to an expanded state where membrane 3 conforms to the geometry of chamber 2, when electrodes 6 7 21 22 23 24 are supplied with electrical energy; see examiner's annotation of Zhang's fig 5 demonstrating that electrodes 6 and 7, as well as electrodes 21 22 23 24 which are illustrated in fig 3, are located on the radially inward facing surface of the walls of chamber 10 which face the electrolyte 4 and thus are located on a face of the claimed base)
wherein the bellows membrane is fully enclosed by the housing and the base;
(see examiner's annotation of Zhang's fig 5 denoting the direct attachment points of the claimed base to the claimed housing such that membrane 3 is enclosed by the claimed housing and claimed base)
delivering the drug through the one or more needles to the skin or organ;
(paragraph 257; liquid drug 1 is administered through needles 37)
and removing a power supply from the delivery system to stop the drug delivery.
(paragraph 236-237+249; the supply of current, the claimed power supply, from power supply 35 determines whether the electrolysis of electrolyte 4 driven by the claimed electrodes occurs; thus when no current is provided by power supply 35, there is an absence or removal of the delivery system's power supply, and no electrolysis may occur, consequently no gas may be produced and liquid 1 is prevented/ceased/stopped from being able to be delivered)
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Regarding claim 20, Zhang discloses:
The method of Claim 19, further comprising: moving the bellows membrane only from the retracted state to the extended state.
(paragraph 241; fig 4+5 demonstrate that during the actuation of the invention, membrane 3 only moves from a retracted state to an extended state, other elements of the invention of fig 5 are demonstrated as not moving from a retracted to an extended state during the operation of the invention)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US 20060064052 A1, henceforth written as Zhang, in view of US 20020115957 A1, henceforth written as Sun.
Regarding Claim 1,
Zhang discloses:
A miniature delivery system comprising:
(invention of fig 5)
a base;
(see examiner's annotation of Zhang's fig 5 denoting the claimed base as the walls forming electrolytic chamber 10, the walls forming liquid chamber 2, and cover 5)
electrodes directly located on a face of the base;
(see examiner's annotation of Zhang's fig 5 demonstrating that electrodes 6 and 7, as well as electrodes 21 22 23 24 which are illustrated in fig 3, are located on the radially inward facing surface of the walls of chamber 10 which face the electrolyte 4 and thus are located on a face of the claimed base)
a bellows membrane fixedly attached with one side to the face of the base; and
(see examiner's annotation of Zhang's fig 5 demonstrating that the deformable membrane 3 is fixed at its outermost radial edge to the claimed face of the claimed base)
and a housing having needles,
(Base 13, the claimed housing, has administering means 15 in the form of micro-injection needles 37; fig 5)
the housing being directly attached to the base so that the bellows membrane is enclosed by the housing and the base,
(see examiner's annotation of Zhang's fig 5 denoting the direct attachment points of the claimed base to the claimed housing such that membrane 3 is enclosed by the claimed housing and claimed base)
and wherein the bellows membrane is configured to pump a fluid from the housing into the skin or organ, through the needles.
(paragraph 231+241+279; membrane 3 deforms so as to move right to, or contact, the base 13 and pump all of liquid 1 out of chamber 2 and through microneedles 37 into a patient)
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Zhang discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
wherein the needles are configured to not buckle or break when pressed directly into a skin or organ of a human to which the miniature delivery system is attached to,
However Sun teaches an electrode driven fluid transfer device:
wherein the needles are configured to not buckle or break when pressed directly into a skin or organ of a human to which the miniature delivery system is attached to,
(paragraph 30+36; blades 106 form channels 108, therein together considered to form a needle, do not break when implanted because of the high strength material the needle is formed from)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to implement Sun’s teachings of a high material strength needles to the material of the microneedles disclosed by Zhang, in order to arrive at an invention whose microneedles do not break when implanted in a skin of a patient, see paragraph 36 of Sun, and thus advantageously improve the reliability of the invention in its core function of dispensing liquid through its liquid administration means by protecting those administration means from damage during regular use.
Regarding Claim 11,
Zhang in view of Sun discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Zhang in view of Sun is silent regarding:
wherein the needles are integrally made with the housing from the same material
Notably, MPEP 2144.04(V)(B) provides that a modification of the invention involving making two separate elements integral, where those two separate elements are already intended to be secured together, would only require routine skill in the art and merely a matter of obvious engineering choice. Examiner notes that Zhang discloses in paragraph 244 that needles 37 are attached to base 13.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to integrally form the needles and housing disclosed by Zhang, thus being made of a same material, as an obvious engineering choice which would only require routine skill in the art and advantageously eliminate/reduce manufacturing steps related to attaching the needles to the base as the needles would already be attached to the base, see MPEP 2144.04(V)(B).
Claims 2-6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Sun as applied to claim 1 above, and further in view of US 8764708 B2, henceforth written as Tai.
Regarding Claim 2,
Zhang in view of Sun discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Zhou in view of Sun is silent regarding:
a receiving coil electrically connected to the electrodes;
Notably, Zhang does disclose that its electrodes are wire bonded to pad 17 and 18 via leads, pads, and wires, see paragraph 247-248 and fig 3, and further pads 17 18 are connected to a power supply 35. Zhang is silent regarding the specific manner by which pads 17 and 18 are connected to power supply 35, whether wirelessly or via wires.
However, Tai teaches a miniaturized MEMS device:
[wherein the electrodes are utilized to perform electrolysis]
(interdigitated electrodes 320 330 on a base (not enumerated) for conducting electrolysis; fig 11)
a receiving coil electrically connected to the electrodes;
(col 12 line 51-65; coils in implant and external transmitter wirelessly transmit power to the device)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the wireless power teachings of Tai to the microneedle transport device of Zhang in view of Sun in order to avoid the use of an internal battery and advantageously minimize the size of the device which delivers medication, see col 12 line 51-65 of Tai.
Regarding claim 3, the modified device of Zhang in view of Sun discloses:
The system of Claim 2, wherein the bellows membrane and the base define a first internal chamber configured to hold water.
Zhang: (claim language of “configured to” implies a functional language and the prior art must at least be capable of performing the recited function of holding water; fig 5 illustrates the manner by which membrane 3 and the claimed base form an electrolyte chamber 10, which is functionally capable of holding an electrolyte, see paragraph 266, and thus is functionally capable of holding water)
Regarding claim 4, the modified device of Zhang in view of Sun discloses:
The system of Claim 3, wherein the housing and the bellows membrane define a second internal chamber configured to hold the fluid.
Zhang: (fig 5 illustrates the manner by which membrane 3 and base 13 form a liquid chamber 2, which holds liquid 1; paragraph 266)
Regarding claim 5, the modified device of Zhang in view of Sun discloses:
The system of Claim 4, wherein the bellows membrane is directly attached to the base.
Zhang: (see examiner's annotation of Zhang's fig 5 above denoting the direct attachments points of membrane 3 to the claimed base)
Regarding claim 6, the modified device of Zhang in view of Sun discloses:
The system of Claim 4, wherein the bellows membrane is not contacting the housing when in a retracted state.
Zhang: (fig 5 illustrates membrane 3 in an initial un-deformed, therein retracted, state where it does not contact base 13)
Regarding claim 7, the modified device of Zhang in view of Sun discloses:
The system of Claim 4, wherein the bellows membrane contacts the housing when in an extended state.
Zhang: (paragraph 231+241+279; membrane 3 is deformed until it meets the bottom of chamber 2, therein contacting base 13, in order to completely squeeze the liquid 1 in chamber 2 through administering means 15; fig 4 illustrates the deformation of membrane 3 before it has reached its final deformation state having squeezed all of liquid 1 out of chamber 2)
Regarding Claim 10,
Zhang in view of Sun discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Zhou in view of Sun is silent regarding:
wherein the electrodes are configured to receive electrical energy in a wireless manner
Notably, Zhang does disclose that its electrodes are wire bonded to pad 17 and 18 via leads, pads, and wires, see paragraph 247-248 and fig 3, and further pads 17 18 are connected to a power supply 35. Zhang is silent regarding the specific manner by which pads 17 and 18 are connected to power supply 35, whether wirelessly or via wires.
However, Tai teaches a miniaturized MEMS device:
[wherein the electrodes are utilized to perform electrolysis]
(interdigitated electrodes 320 330 on a base (not enumerated) for conducting electrolysis; fig 11)
wherein the electrodes are configured to receive electrical energy in a wireless manner;
(col 12 line 51-65; coils in implant and external transmitter wirelessly transmit power to the device and consequently its electrodes)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the wireless power teachings of Tai to the microneedle transport device of Zhang in view of Sun in order to avoid the use of an internal battery and advantageously minimize the size of the device which delivers medication, see col 12 line 51-65 of Tai.
Examiner notes claim language of “configured to” implies a functional language and the prior art must at least be capable of performing the recited function of the electrodes receiving electrical energy in a wireless manner. As the pads of Zhang, which feed electric power to Zhang’s electrodes, receive wirelessly transmitted electrical energy, the electrodes can therein be considered to functionally receive electrical energy in a wireless manner.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Sun as provided in claim 1 above further in view of US 20030083645 A1, henceforth written as Angel.
Regarding Claim 8,
Zhang in view of Sun discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
wherein the needles have an inner diameter of 30 to 120 μm .
However Angel teaches a microneedle transport device:
wherein the needles have an inner diameter of 30 to 120 μm .
(Paragraph 60-61+65; micro-needles with small ID are less likely to accumulate tissue within the hollow opening, thereby avoiding transport blockage; illustrated microneedles 12 have an inner diameter of 54 μm)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the needle size teachings of Angel to the needles disclosed by Zhang in view of Sun in order to advantageously arrive at an invention which reduces the risk of the blocking the means for administering medication to a patient, see paragraph 61 of Angel, therein improving the reliability of its function to dispense medication to a patient.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Sun and Angel as provided in claim 1 above further in view of US 6132755 A, henceforth written as Eicher.
Regarding Claim 9,
Zhang in view of Sun and Angel discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
wherein the needles have a height between 50 and 1000 μm.
However Angel teaches a microneedle transport device:
wherein the needles have a height between 50 and 1000 μm.
(col 1 line 1-14; micropins 32 preferably have a length between 50 to 100 μm in order to penetrate the stratum corneum)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the needle height teachings of Eicher to the microneedle disclosed by Zhang in view of Sun and Angel in order to appropriately penetrate the stratum corneum in epidermal applications, see col 1 line 1-14 of Eicher.
Claims 12 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 20060064052 A1, henceforth written as Zhang, in view of US 20170319393 A1, henceforth written as Kato.
Regarding Claim 12,
Zhang discloses:
A miniature delivery kit for delivering a drug, the kit comprising: a delivery system;--
(invention of fig 5 delivers a liquid drug 1)
--wherein the delivery system includes, a base,
(see examiner's annotation of Zhang's fig 5 denoting the claimed base as the walls forming electrolytic chamber 10, the walls forming liquid chamber 2, and cover 5)
electrodes directly located on a face of the base,
(see examiner's annotation of Zhang's fig 5 demonstrating that electrodes 6 and 7, as well as electrodes 21 22 23 24 which are illustrated in fig 3, are located on the radially inward facing surface of the walls of chamber 10 which face the electrolyte 4 and thus are located on a face of the claimed base)
a bellows membrane directly attached to the base,
(see examiner's annotation of Zhang's fig 5 demonstrating that the deformable membrane 3 is fixed at its outermost radial edge to the claimed face of the claimed base)
and a housing having needles,
(Base 13, the claimed housing, has administering means 15 in the form of micro-injection needles 37; fig 5)
the housing being directly attached to the base so that the bellows membrane is enclosed by the housing and the base,
(see examiner's annotation of Zhang's fig 5 denoting the direct attachment points of the claimed base to the claimed housing such that membrane 3 is enclosed by the claimed housing and claimed base)
wherein the bellows membrane moves from a retracted state, in which an external face is farthest from an internal face of the housing, to an extended state, in which the external face is closest to the internal face of the housing, and wherein the external face of the bellow membrane is substantially parallel to the internal face of the housing in both the retracted state and the extended state.
(paragraph 231+241+279; membrane 3 is deformed until it meets the bottom of chamber 2, therein contacting base 13, in order to completely squeeze the liquid 1 in chamber 2 through administering means 15, thus for deformable membrane 3 to completely squeeze the liquid 1 in chamber 2 its fully deformed state must meet and match the internal geometry of chamber 2, such that membrane 3's external face matches the geometry of the internal face of base 13 and consequently can be considered parallel thereto; fig 4 illustrates the deformation of membrane 3 before it has reached its final deformation state having squeezed all of liquid 1 out of chamber 2; fig 5 illustrates membrane 3 in an initial undeformed, therein retracted, state with its external face parallel to the internal face of base 13; see examiner's annotation of Zhang's fig 5 denoting the claimed external face and claimed internal face)
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Zhang discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
means for attaching the delivery system to a skin or organ comprising tape, glue, or a structural equivalent thereof.
However Kato teaches a miniature trans-dermal administration device:
and tape for attaching the delivery system to a skin or organ,
(paragraph 26+65-70; adhesive sheet 40 with base sheet 41 and adhesive layer 42, therein tape, is placed over exposed surface 31T for attaching device 10 to skin surface S; fig 5-7)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply the tape placement teachings of Kato to the microneedle transport device disclosed by Zhang, by disposing Kato’s tape in the manner taught by Kato such that the claimed tape completely covers the invention of Zhang, in order to improve handling of the device and reduce risk of touching the microneedles during application, see paragraph 65-70 of Kato.
Regarding claim 14, Zhang in view of Kato discloses:
The kit of Claim 12, wherein the means for attaching is a tape.
Examiner notes in light of the combination made in claim 12 above, the means for attaching is the tape of Kato.
Regarding claim 15, Zhang in view of Kato discloses:
The kit of Claim 14, wherein the tape is placed directly over the base.
Examiner notes in light of the combination made in claim 12 above, the tape of Kato is disposed on the invention of Zhang in the same manner as taught in Kato, such that the claimed tape is disposed directly axially over the invention of Zhang, and thus its claimed base.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Kato as provided in claim 12 above further in view of US 20020115957 A1, henceforth written as Sun.
Regarding Claim 13,
Zhang discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
wherein the needles are configured to not buckle or break when pressed directly into a skin or organ of a human to which the miniature delivery system is attached to,
However Sun teaches an electrode driven fluid transfer device:
wherein the needles are configured to not buckle or break when pressed directly into a skin or organ of a human to which the miniature delivery system is attached to,
(paragraph 30+36; blades 106 form channels 108, therein together considered to form a needle, do not break when implanted because of the high strength material the needle is formed from)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to implement Sun’s teachings of a high material strength needles to the material of the microneedles disclosed by Zhang, in order to arrive at an invention whose microneedles do not break when implanted in a skin of a patient, see paragraph 36 of Sun, and thus advantageously improve the reliability of the invention in its core function of dispensing liquid through its liquid administration means by protecting those administration means from damage during regular use.
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Kato as applied to claim 12 above, and further in view of US 8764708 B2, henceforth written as Tai.
Regarding Claim 16,
Zhang in view of Kato discloses all of the elements of the current invention which the present claim is dependent upon, as described above, including the following limitations of the present claim:
The kit of Claim 12, further comprising: the electrodes being interdigitated on the base;
(fig 3+5 demonstrate that the electrodes 6 7 21 22 23 24 are arranged approximate eachother on the claimed base in an alternating cathode-anode orientation and thus can be considered being arranged in an interdigitated format)
However, Zhou in view of Kato is silent regarding:
and a receiver coil electrically connected to the interdigitated electrodes.
Notably, Zhang does disclose that its electrodes are wire bonded to pad 17 and 18 via leads, pads, and wires, see paragraph 247-248 and fig 3, and further pads 17 18 are connected to a power supply 35. Zhang is silent regarding the specific manner by which pads 17 and 18 are connected to power supply 35, whether wirelessly or via wires.
However, Tai teaches a miniaturized MEMS device:
[wherein the electrodes are utilized to perform electrolysis]
(interdigitated electrodes 320 330 on a base (not enumerated) for conducting electrolysis; fig 11)
and a receiver coil electrically connected to the electrodes for transmitting electric power wirelessly from an external power source to the electrode;
(col 12 line 51-65; coils in implant and external transmitter wirelessly transmit power to the device and consequently its electrodes)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the wireless power teachings of Tai to the microneedle transport device of Zhang in view of Kato in order to avoid the use of an internal battery and advantageously r minimize the size of the device which delivers medication, see col 12 line 51-65 of Tai.
Examiner notes claim language of “configured to” implies a functional language and the prior art must at least be capable of performing the recited function of the electrodes receiving electrical energy in a wireless manner. As the pads of Zhang, which feed electric power to Zhang’s electrodes, receive wirelessly transmitted electrical energy, the electrodes can therein be considered to functionally receive electrical energy in a wireless manner.
Regarding claim 17, modified device of Zhang in view of Kato and Tai discloses:
The kit of Claim 16, further comprising: a transmitter coil
Tai: (col 12 line 51-65; coils in implant and external transmitter wirelessly transmit power to device)
and a power supply configured to induce electrical energy into the receiver coil
Zhang: (power supply 35; fig 3)
and generate electrolysis in water stored in a first chamber defined by the base and the bellow membrane, to actuate the bellows membrane from the retracted state to the extended state.
Zhang: (claim language of “configured to” implies a functional language and the prior art must at least be capable of performing the recited function induces electrical energy in order to generates electrolysis in water the first chamber to actuate the bellows membrane from a retracted to extended state; paragraph 248-249; power supply 35 can be considered configured to generate electrolysis of water in the manner by which it can transmit power to the claimed electrodes in order to drive electrolysis of an electrolyte 4, such as water; fig 3)
Regarding claim 18, modified device of Zhang in view of Kato and Tai discloses
The kit of Claim 17, wherein the drug is stored in a second internal chamber, defined by the external face of the bellows membrane and the internal face of the housing,
Zhang: (liquid chamber 2; fig 5)
and when the bellows membrane is actuated from the retracted state to the extended state, the drug is delivered through the needles to the skin or organ.
Zhang: (paragraph 231+241+279; membrane 3 is deformed until it meets the bottom of chamber 2 in order to completely squeeze the liquid 1 in chamber 2 through administering means 15; fig 4 illustrates the membrane 3 in an intermediate state)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FORREST DIPERT whose telephone number is (703)756-1704. The examiner can normally be reached M-F 8:30am-5pm eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached on (571) 270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FORREST BLAKE DIPERT/ Examiner, Art Unit 3783
/MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783