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 .
Election/Restrictions
Applicant’s election without traverse of Species F (claims 17-22) in the reply filed on 8/26/2025 is acknowledged.
Claims 1-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/26/2025.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8/26/2025 and 4/29/2022 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 17 is objected to because of the following informalities:
On line 4 of claim 17, “each terminating” should read “each conduit terminating” to correct a minor informality.
Appropriate correction is required.
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 17-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
On line 7 of claim 17, there is no antecedent basis for “said at least two passages”. The examiner is assuming that applicant is referring to the previously recited fluid passages but ambiguity remains. Appropriate amendments are required.
The dependent claims are rejected by virtue of their dependency on the rejected independent claim.
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.
Claim(s) 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han et al. (US 2010/0217231; hereafter Han).
In regard to claim 17, Han discloses an injector (20) for a printer (10) for depositing material from syringes having a barrel and a plunger for dispensing material from the barrel via an outlet (the examiner notes that the printer and syringes are functionally recited), said injector (20) comprising: at least two separate conduits (14, 18), each terminating in a respective connector (24, 22), each connector being configured to connect to a respective syringe (see par. [0059]), each conduit defining a respective fluid passage (16, 28); and a coextending portion (12) in which said at least two passages extend coaxially within an outer conduit wall (wall of 18), and are separated from one another by an inner conduit wall (wall of 14); said inner conduit wall defining at least one opening (66) permitting lateral flow from one of said at least two passages to another of said at least two passages in a direction transverse to a direction of elongation of said at least two passages (see par. [0061]).
In regard to claim 18, Han discloses wherein said inner conduit wall defines a plurality of openings (66) permitting lateral flow from one of said at least two passages to another of said at least two passages in a direction transverse to a direction of elongation of said at least two passages (see par. [0061]; 66 is described as “at least one hole or opening implying a plurality as one embodiment).
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.
Claim(s) 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Han in view of Lewis et al. (US 2003/002320; hereafter Lewis).
In regard to claim 19, Han fails to expressly disclose wherein said plurality of openings are spaced longitudinally along a length of said coextending portion.
In a similar art, Lewis teaches an inner tubular device with a plurality of openings (90) that are spaced longitudinally along a length of a coextending portion (see Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Han with the opening configuration of Lewis in order to provide a known configuration for a plurality of openings. The modification of Han with the feature of Lewis would predictably be successful because the openings would allow the materials from lumen (28) of Han to mix with the materials in lumen (16) of Han.
In regard to claims 20 and 21-22, Han further fails to expressly disclose wherein pairs of said plurality of openings are arranged in axial alignment on opposite sides of said inner conduit wall.
In a similar art, Lewis teaches an inner tubular device with a plurality of openings (90) that are spaced longitudinally along a length of a coextending portion (see Fig. 2) and wherein pairs of said plurality of openings (90) are arranged in axial alignment on opposite sides of said inner conduit wall (see Fig. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Han with the opening configuration of Lewis in order to provide a known configuration for a plurality of openings. The modification of Han with the feature of Lewis would predictably be successful because the openings would allow the materials from lumen (28) of Han to mix with the materials in lumen (16) of Han.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE J STIGELL whose telephone number is (571)272-8759. The examiner can normally be reached M-F 9-5:30 EST.
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THEODORE J. STIGELL
Primary Examiner
Art Unit 3783
/THEODORE J STIGELL/Primary Examiner, Art Unit 3783