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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/1/26 has been entered.
Acknowledgments
This office action is in response to the reply filed on 4/1/26. In the reply, the applicant amended claim 1; added new claims 17-19. Claims 1-19 are pending with claims 14-15 being withdrawn.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-13, 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burton et al. (US 2015/0352295) (“Burton”). Burton discloses:
Claim 1: an applicator for applying a microarray device 106 comprising: a housing 110,140; a plunger 120 linearly movably arranged in the housing; a holding device 150 for receiving the microarray device, wherein the holding device is connected to the housing [0040-0041]; a pressing element 142 designed to displace the plunger so that the plunger acts upon the microarray device received by the holding device; and an actuating device 124 which holds the plunger in a first position and, by actuating the actuating device, releases the plunger for displacement purposes, such that the plunger is moved in the direction of the microarray device so as to contact the microarray device thereby causing the microarray device to move, wherein the actuating device 124 comprises at least two separate actuators that require two separate and distinct actions to actuate each of the at least two separate actuators, wherein release of the plunger by the actuating device takes place only upon a sequential step-wise actuation of each of the at least two actuators, and wherein the sequential step-wise actuation comprises an individual actuation in which each of the at least two actuators are actuated consecutively such that one of the at least two actuators is actuated after a separate one of the at least two actuators is actuated. (first actuation—actuator button 130 is depressed; second actuation—upper end 182 of solenoid 180 rotates the piston release lever 142. These two consecutive and step-wise actuations actuates the actuating device 124 by disengaging the actuating device 124 from the piston hook 123 thus allowing the piston 120 to apply the microneedle device 106 to the skin surface. [0059] Fig 1B)
Claim 2: the actuation device 124 comprises at least one force triggering element such that actuation is performed when a defined force is applied. [0059] Fig. 1B
Claim 3: the actuation device comprises at least one operating element such that the actuation takes place when the actuation device is acted upon. [0059] Fig. 1B
Claim 4: the force triggering element comprises a pressing and/or rotary knob, or a lever, or a slider, or a switch. [0059] Fig. 1B
Claim 5: the force triggering element and an operating element are integrally formed with each other and are configured as a rotary/pressing knob. [0059,0050] Fig. 1B
Claim 6: the actuating device comprises a form-locking and/or force-locking coupling mechanism 112 that couples the plunger to the housing in a first state and decouples the plunger from the housing in a second state so as to allow the plunger to be displaced. [0059,0050] Fig. 1B, 2a-f
Claim 7: the actuating device comprises a form-locking and/or force-locking locking mechanism 116a,b that blocks the coupling mechanism in a first deactivated state and unblocks the coupling mechanism in a second activated state such that the coupling mechanism can allow the plunger to be displaced. [0059,0050] Fig. 1B, 2a-f
Claim 8: a force triggering element (applicator pressed downwards [0050] actuates the coupling mechanism or the locking mechanism.
Claim 9: an operating element 118 actuates the coupling mechanism or the locking mechanism.
Claim 10: the holding device 150 is reversibly detachably connectable or irreversibly connectable to the microarray device. [0042] Figs. 3a-c
Claim 11: further comprising a protecting device 156 which is movable relative to the holding device that in a first position shields at least a portion of the microarray device from the environment, and in a second position releases the microarray device for application purposes. [0042] Figs. 3a-c
Claim 12: the protecting device comprises a protecting collar, wherein the protecting collar is held by a pretensioning device against a movement into the second position. [0042]
Claim 13: further comprising a reversible or irreversible blocking device 113a,b,c for preventing reuse of the applicator, wherein the blocking device fixes the plunger in a displaced position and/or blocks the actuating device. [0056]
Claim 16: the operating element comprises a pressing and/or rotary knob, or a lever, or a slider, or a switch. [0059] Fig. 1b
Claim 17: the actuation device further comprises at least two separate actuators that require two separate and distinct user activation paths to actuate each of the at least two separate actuators. (first actuation—actuator button 130 is depressed; second actuation—upper end 182 of solenoid 180 rotates the piston release lever 142. These two consecutive and step-wise actuations actuates the actuating device 124 by disengaging the actuating device 124 from the piston hook 123 thus allowing the piston 120 to apply the microneedle device 106 to the skin surface. [0059] Fig 1B)
Claim 18: the at least two separate actuators comprise at least one pressing knob 130 and at least one rotation lever 142.
Claim 19: the at least two separate actuators are integrally formed with each other as a rotary/pressing knob. [0059]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANNA K HALL whose telephone number is (571)272-2819. The examiner can normally be reached M-F 8:30am- 4:30pm EST.
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/DEANNA K HALL/Primary Examiner, Art Unit 3783
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