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 with traverse of Species II, Fig. 2 in the reply filed on 12/22/25 is acknowledged. The traversal is on the ground(s) that Examiner has not demonstrated a serious search and/or examination burden as required under the applicable rules. Examiner has not analyzed any common technical features among the group, such as the limitations of independent claim 1… The Examiner has not established lack of unity of invention between the group. This is not found persuasive because the Figs. 1-4 clearly shows that the injection device are in different structures. In addition, the application also admits and describes in the original specification that the injection devices are in multiple different embodiments. The Examiner has shown on page 3 in the Restriction/Election Requirement 11/19/25.
For example: the injection device in Fig. 1 shows that a fix member 44 connects to a liquid pushing rod 31. Meanwhile, this feature does not show in the injection device in different embodiment in Fig. 2. The injection device in Fig. 2 shows that the first driving device 41 connects to a hammer body 42; wherein the hammer body 42 knocks the vibrating member 43 to transfer vibration to the human skin through the fix member 44. These features in Fig. 2 that do not show in the injection device in Fig. 1 & 3-4. The injection device in Fig. 3 shows sealing ring 21 & movable rod 36. Meanwhile, these features do not include in the injection device in Figs. 1-2 & 4. The injection device in Fig. 3 does not include a hammer body 42, as shown in Figs. 1-2. The injection device in Fig. 4 shows a negative-freezing structure 50 includes a water connector 55; water inlet 57, water outlet 58, negative pressure port 54 communicated with an internal cavity of an annular main body 51 is provided on the gas connector 53. These features do not include in the injection device in Figs. 1-3.
Having said the reasons above, the Figs. 1-4 lack of unity of invention between the species.
In addition, Examiner previously mentioned on pages 3-4 of the Restriction/Election Requirement 11/19/25 below:
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Because applicant did not submit evidence to showing the inventions to be obvious variants, therefore, the election has been treated as an election without traverse (MPEP § 818.01(a)).
The requirement is still deemed proper and is therefore made FINAL.
Claims 7-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species 1, 3 & 4 (Figs. 1, 3-4), there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/22/25.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-6 & 9-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for an injection driving structure, a liquid pushing rod, as required in claim 1 does not reasonably provide enablement for a combination of a hammer body 42 and a vibrating member 43 (as required in the claim 2) into same injection device. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims.
The claim 2 requires: a hammer body, a vibrating member & (an injection driving structure, a liquid pushing rod, as required in the independent claim 1). However, nowhere in the original specification has described that the injection device includes a combination of an injection driving structure, a liquid pushing rod and a vibrating member into one injection device.
For example: it appears to the Examiner that the claim 1 has described in either embodiment of Fig. 1 or Fig. 3 that shows: an injection driving structure 32, a liquid pushing rod 31 but does not include a vibrating member 43. Meanwhile, the embodiment Fig. 2 (different with the embodiment Figs. 1 & 3-4) shows that an injection driving structure 41 connects with the hammer body 42 and the vibrating member 43. The Fig. 2 does not include the liquid pushing rod 31 (as shown in Figs. 1 & 3). It is noted that the device in Fig. 2 shows that the fixed member 44 connects directly to the injection tube 20 (without including a liquid pushing rod 31, as shown in Figs. 1 & 3).
It appears to the Examiner that the independent claim 1is designated to Fig. 1 or Fig. 3 but not in Fig. 2. Meanwhile, the claim 2 is designated to Fig. 2 but not in the Fig. 1 nor Fig. 3.
In claim 3, similar to the discussion in the claim 2 above, the claim 3 requires a second driving device and the vibrating member. However, none of the Figs. 1-4 describes the combination of the limitation: the injection driving structure (the first driving device 41), a second driving device 32 and the vibrating member 43 in the same injection device. For example: Fig. 1 shows that the first driving device 41, the second driving device 32 but does not include the vibrating member 43. Meanwhile, the Fig. 2 shows that the first driving device 41, the vibrating member 43 but does not include the second driving unit 32 and the liquid pushing rod 31.
In claim 4, the claim 4 depends on claim 3 (Fig. 2). The claim 4 requires that: a limiting piece 37 which is included in Figs. 1 & 3 but not in Fig. 2.
In claim 5, the claim 5 depends on claim 3 (Fig. 2). The claim 5 requires that: movable rod. This limitation has shown in Fig. 1 & 3 but not in Fig. 2. Meanwhile, the claim 5 depends on claim 3. Nowhere in the original specification has described the combination of the limitations 1-5 in the same injection device.
The claims 6, 9-10 are being rejected due to their dependency on the claim 2.
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 1-6, 9-10 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.
In claim 1, the limitation “an injection driving structure …, connected to the injection tube through a liquid pushing rod…” is vague. In the elected Fig. 2, it shows that the first driving device 41 connects an injection tube 20 (via a hammer body 42 and a vibrating member 42). The elected Fig. 2 does not show elements such as: a second driving unit 32, movable member 34, fix frame 35 (similar shown in Fig. 3), thread rod 33 (similar shown in Fig. 3). Therefore, it is unclear to Examiner that those listing elements, i.e., #32,#33, #34, #35… above are whether included or not included in the injection device in the elected Fig. 2.
Assuming that those listing elements, i.e., #32, #33, #34, #35 are included in the injection device in Fig. 2, or the elements, i.e., vibrating member 43 (of Fig. 2) is included in the injection device in Fig. 1. In that case, it is unclear to the Examiner that where are the location of these element being located in the same injection device. For example: if the liquid pushing rod 31 included in the elected Fig. 2; where is the liquid pushing rod being located? Where is the vibrating member 43 is being located in the Fig. 1?
The limitation “an injection driving structure” is vague. It is unclear to Examiner that the limitation, i.e., an injection driving structure is designated to a first driving unit 41 or a second driving unit 42. The original specification, last paragraph on page 21 states that: the knock wall-breaking structure includes first driving device 41 fixed in accommodating cavity 11. With best understood, the claimed “knock wall-breading structure” is equivalent to a first driving unit 41. In that case, the claimed “injection driving structure” is equivalent to a second driving unit 32. Therefore,
it is unclear to Examiner that how are both of “an injection driving structure” #32 and ”a knock wall-breaking structure” #41 being connected to the injection tube?
The limitation “a knock wall-breaking structure… configured to transfer low-frequency vibration to the human skin…” in claim 1 is vague. The original specification describes that the knock wall-breaking structure includes a first driving device 41; wherein the first driving device 41 is not a vibrator. Therefore, how is possible that the knock wall-breaking structure, i.e., the first driving device 41 being configured to transfer low-frequency vibration to the human skin?
The other claims 2-6, 9-10 are being rejected due to their dependency.
Claims 1-6 & 9-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationship are: a hammer body and a vibrating member.
The limitation “a knock wall-breaking structure… configured to transfer low-frequency vibration to the human skin…” in claim 1 is missing a hammer body and a vibrating member to perform a function, i.e., transfer low-frequency vibration to the human skin. The original specification describes that the knock wall-breaking structure includes a first driving device 41; wherein the first driving device 41 is not a vibrator. In other words, the first driving device 41 alone cannot perform a function of transfer low-frequency vibration to the human skin.
The original specification describes in lines 13-16 on page 16 & lines 3-6 on page 22 that: when the first driving device 41 works, the hammer body 42 is pulled back and forth at a predetermined frequency, such that the hammer body 42 knocks the vibrating member 43 to transfer vibration to the human skin through the fixed member 44, the injection tube and the negative-pressure freezing structure. In other words, the knock wall-breaking structure (or the first driving device) connected to the hammer body, the vibrating member and a wall of the injection tube to transfer low-frequency vibration to the human skin through the injection tube and the negative pressure freezing structure.
The other claims 2-6, 9-10 are being rejected due to their dependency.
Claim Rejections - 35 USC § 103
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 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, 6 & 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Paithankar et al. (US 2015/0045723) in view of Mudd et al. (US 2009/0299328).
Regarding claim 1, Paithankar discloses a needleless skin-deep material injection device 100 in Fig. 1, comprising:
Note: the needleless skin-deep material injection device is configured to deliver a filler as intended use purpose.
a body 105, wherein an accommodating cavity (an interior space of the housing 105) is provided in the body;
Note: a person skilled in the art would recognize that the body 105 can be provided in a gun-shaped as considered as design choice purpose for easy handing during use. Since applicant has not disclosed that gun-shaped of the body of the injection device solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with any body shape, i.e., cylindrical or elongated shape of the delivery device 100, as shown in Fig. 1 in Paithankar. Therefore, for purpose of examining, the body 105 can be called in hereinafter, as a gun body.
an injection tube 140 (Fig. 1A) provided at a front end of the gun body 105 and configured to store a to-be-injected liquid 10;
an injection driving structure 115 provided in the accommodating cavity, connected to the injection tube 140 through a liquid pushing rod 117, and configured to inject the to-be-injected liquid in the injection tube 136;
a negative-pressure freezing structure (including elements 146, 150, 172 & 174 in Fig. 1; or negative-pressure freezing structure 130 in Fig. 11) sleeved on a front end of the injection tube 140 and configured to form a negative pressure between an injection port 138/139 of the injection tube and a human skin (directly contacts a lower surface 134, see Fig. 1A) for cooling; and
a knock wall-breaking structure 110 provided in the accommodating cavity (inside the wall 102 of the housing 105), connected to a wall of the injection tube 140 (via a wall 102), and configured to transfer low-frequency vibration (from the ultrasound 110 and horn assembly 115) to the human skin through the injection tube and the negative-pressure freezing structure, see para [0102].
Paithankar does not disclose that the body is in gun shaped.
Mudd discloses an injection device in Fig. 3 comprising: a gun body 300/301, as shown in Fig. 3 for easy to handle during use.
It would have been obvious to one of ordinary skill in the art, prior to the effective filling date of the claimed invention to modify the body shaped in the injection device of Paithankar with providing a gun body, as taught by Mudd, in order to allow a user easily to use and handing during use.
Regarding claim 6, Paithankar in view of Mudd discloses all claimed subject matter. Paithankar discloses that wherein the negative-pressure freezing structure comprises an annular main body 130a, wherein the annular main body is sleeved on the front end of the injection tube 136; and a sealing ring 160 connected to the annular main body is provided outside the injection tube.
Regarding claim 9, Paithankar in view of Mudd discloses all claimed subject matter. It is well-known in the art that the injection tube 140 is a transparent tube so that the user can view inside the injection device; and an end of the liquid pushing rod 117 is provided with a barrel sealing ring 180 or 131 (Fig. 10) tightly connected to the injection tube, see Figs. 9-11.
Regarding claim 10, Paithankar in view of Mudd discloses all claimed subject matter. Mudd discloses the injection device includes the gun body and wherein a bottom of the gun body 300/301 is provided with a handle 301, see Fig. 3 in Mudd.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUYNH-NHU HOANG VU whose telephone number is (571)272-3228. The examiner can normally be reached on M-F 7:30 am-4:00 pm.
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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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/Quynh-Nhu H. Vu/
Quynh-Nhu H Vu
Primary Examiner, Art Unit 3783