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
The amendment filed 07/28/2025 has been entered. Claims 1-18 remain pending in the application. Applicant’s amendments to the claims have overcome each 112(b) rejection, claim objection, and the interpretation of the prior art rejection with respect to Davenport, however has not overcome the interpretation of the prior art rejection with respect to Kauffmann previously set forth in the Non-Final Office Action mailed 04/28/2025.
Response to Arguments
Applicant's arguments filed 07/28/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim 1 have been considered but is moot because the new ground of rejection does not rely on the previous interpretation of the reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Arguments directed to the claims as amended are addressed in the body of the rejection below.
Applicant states on pages 7-9 that Matera’s cap is intended and designed to be sealed to the ink cartridge and then discarded after use, which is distinct from being “configured to be repeatedly removed and replaced to provide refillable access to the center compartment during use.” The Office respectfully disagrees. This limitation is functional, and the removable top 14 is capable of being repeatedly removed and replaced to provide refillable access to the center compartment during use as the removable top 14 is removable (paragraphs 4, 20, 23, 30). Thus, the rejection is maintained.
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 1-2, 5-7, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kauffmann et al. (WO 2024/121707; see translation attached) in view of Matera, JR (US PGPub 2004/0153113), hereinafter known as “Kauffmann,” and “Matera,” respectively.
With regards to claim 1, Kauffmann discloses (Figures 1-4) a tattoo ink dispenser apparatus 1 comprising:
a tube 3, wherein the tube 3 comprises a center compartment 16, and wherein the center compartment 16 is a hollow structure configured to store ink (paragraphs 79-80); and
a bottom portion of the tube 3 with a central opening 6 to place and hold a needle 2 therein (paragraph 61), wherein the stored ink flows downwards from the center compartment 16 and adheres to the needle 2 by gravity without manual actuation of the stored ink to create a tattoo on a surface (paragraphs 132-133 – although the piston 4 moves the needle 2 back and forth to retrieve the ink, the claimed limitation is functional as the ink is never positively recited (“configured to store ink”), and by holding the tattoo ink dispenser in a vertical position, the ink is capable of flowing downward from the center compartment and adhering to the needle by gravity).
Kauffmann is silent wherein the tube comprises at least a removable top, wherein the removable top is configured to be repeatedly removed and replaced to provide refillable access to the center compartment during use.
However, in a similar field of endeavor of needle marking apparatuses, Matera teaches (Figures 1-4) wherein the tube 12 comprises at least a removable top 14 (paragraphs 4, 20, 23, 30), wherein the removable top is configured to be repeatedly removed and replaced to provide refillable access to the center compartment during use (functional limitation – removable top 14 is capable of being repeatedly removed and replaced to provide refillable access to the center compartment during use as the removable top 14 is removable).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kauffmann to include at least a removable top as taught by Matera for the purpose of hermetically sealing (paragraph 30 of Matera) the needle when not in use.
With regards to claim 2, Kauffmann further discloses wherein the bottom portion of the tube 3 comprises:
an ink reservoir 8 (paragraph 62);
an enclosing 4 (paragraphs 59-60);
an ink reservoir passage 11 connecting the ink reservoir 8 and the enclosing 4 (paragraphs 80-81; figures 1-4);
a needle exit 7 (paragraphs 61-62);
and an ink opening 29 connecting the enclosing 4 and the needle exit 7 (paragraph 96);
wherein the needle 2 passes through the central opening 6 of the bottom portion of the tube 3 and through the needle exit 7 (paragraphs 61-62).
With regards to claim 5, Kauffmann further discloses wherein the center compartment 16 is open to the ink reservoir 8 wherein the stored ink flows downward from the center compartment 16 to the ink reservoir 8 (figures 1-4; paragraphs 79-80).
With regards to claim 6, Kauffmann further discloses wherein the enclosing 4 substantially surrounds the needle 2 (paragraph 76).
With regards to claim 7, Kauffmann further discloses wherein an exterior grip substantially surrounds the tube 3 (housing, where tube 3 points to in figure 1, is the exterior grip).
With regards to claim 10, as rejected above, it would be obvious to modify the tattoo ink dispenser apparatus of Kauffmann to include the removable top as taught by Matera. Matera further discloses wherein the removable top is hollow and has a removable top opening 36 configured to substantially align with the central opening 26, and wherein the needle 38 extends through the removable top opening 36 (paragraph 23; figure 4 – needle 38 extends through the lumen 26 in which the internal circumferential wall 36 is mounted on, hence the needle 38 extends through the internal circumferential wall 36 at the proximal side). Thus, when incorporating the removable top as taught by Matera, the claimed limitation is considered obvious.
With regards to claim 11, as rejected above, it would be obvious to modify the tattoo ink dispenser apparatus of Kauffmann to include the removable top as taught by Matera. Matera further discloses wherein the removable top 14 has a gasket 34 configured to prevent a leak of the stored ink (paragraph 23 – internal stop 34 is interpreted as the gasket as the definition of a gasket according to Merriam-Webster is “a material or part used to make a joint fluid-tight” and the internal stop 34 is disclosed to fluidly seal the port 24). Thus, when incorporating the removable top as taught by Matera, the claimed limitation is considered obvious.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kauffmann in view of Matera, and further in view of Lee (US PGPub 2012/0271335).
With regards to claim 3, Kauffmann/Matera disclose the tattoo ink dispenser apparatus as claimed in claim 2. Kauffmann further discloses wherein the needle 2 moves in a substantially vertical motion from a first position to a second position (paragraphs 126-130 – reciprocating movement is interpreted as a first (proximal) position and a second (distal) position, additionally to apply the tattoo on an individual, the needle 2 will move in a vertical motion when the operator holds the apparatus perpendicularly to the individual). The combination is silent wherein the needle is operatively coupled to a tattoo machine.
However, in a similar field of endeavor of needle marking apparatuses, Lee teaches (Figures 1-8) wherein the needle 37 is operatively coupled to a tattoo machine 11 (paragraphs 37-41 and 57).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tattoo ink dispenser apparatus of Kauffmann/Matera to include wherein the needle is operatively coupled to a tattoo machine as taught by Lee for the purpose of providing automatic movement of the needle (paragraph 3 of Lee) and reducing human error.
With regards to claim 4, Kauffmann further discloses wherein the ink opening 29 is at a position substantially similar to the second position (paragraphs 126-130 – reciprocating movement is interpreted as a first (proximal) position and a second (distal) position; therefore the ink opening 29 is located at the distal end substantially similar to the needle 2 second position).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kauffmann in view of Matera, and further in view of Gibbs (US Patent 6,482,187).
With regards to claims 8-9, Kauffmann/Matera disclose the tattoo ink dispenser apparatus as claimed in claim 1. The combination is silent wherein the tube further comprises a plurality of measuring lines (claim 8); and wherein the plurality of measuring lines are indicative of an internal volume of the center compartment (claim 9).
However, in a similar field of endeavor of needle marking apparatuses, Gibbs teaches (Figures 1-2) wherein the tube 10 further comprises a plurality of measuring lines 27; and wherein the plurality of measuring lines 27 are indicative of an internal volume of the center compartment 12 (Col 5 lines 26-27).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tattoo ink dispenser apparatus of Kauffmann/Matera to include wherein the tube further comprises a plurality of measuring lines; and wherein the plurality of measuring lines are indicative of an internal volume of the center compartment as taught by Gibbs for the purpose of indicating to the operator how much ink is in the center compartment (Col 5 lines 26-27 of Gibbs).
Claims 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kauffmann in view of Matera, and further in view of Spencer (US PGPub 2022/0218972).
With regards to claims 12-13, Kauffmann discloses (Figures 9-12) a system (figure 11) comprising:
a tattoo ink dispenser 1 with interchangeable ink (paragraph 145), the tattoo ink dispenser 1 comprising:
a tube 3, wherein the tube 3 comprises a center compartment (see annotated figures 9-10 below), and wherein the center compartment is a hollow structure configured to store the ink (paragraphs 129-131 - center compartment comprises of the front chamber 8 which stores ink); and
a bottom portion of the tube 3 with a central opening 6 to place and hold a needle 2 therein, wherein the stored ink flows downwards from the center compartment (towards the distal direction) and adheres to the needle 2 by one of gravity without manual actuation of the stored ink to create a tattoo on a surface (paragraphs 132-133 – although the piston 4 moves the needle 2 back and forth to retrieve the ink, the claimed limitation is functional as the ink is never positively recited (“configured to store ink”), and by holding the tattoo ink dispenser in a vertical position, the ink is capable of flowing downward from the center compartment and adhering to the needle by gravity); and
a removable tattoo ink cartridge 105 configured to selectively couple to the tube 3 (paragraphs 107-111), the removable tattoo ink cartridge 105 comprising:
a cartridge body 105, wherein the cartridge body 105 is hollow and is configured to store ink and to be operatively coupled with the tube 3 (paragraph 110) by a top cartridge track, a bottom cartridge track, and a cartridge opening (see annotated figures 9-10 below).
wherein the tube 3 further comprises:
a top tube track, configured to align with the top cartridge track (see annotated figures 9-10 below);
a bottom tube track, configured to align with the bottom cartridge track (see annotated figures 9-10 below); and
a tube opening, configured to align with the cartridge opening (see annotated figures 9-10 below).
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Kauffmann is silent wherein the tube comprises at least a removable top, wherein the removable top is configured to be repeatedly removed and replaced to provide refillable access to the center compartment during use.
However, in a similar field of endeavor of needle marking apparatuses, Matera teaches (Figures 1-4) wherein the tube 12 comprises at least a removable top 14 (paragraphs 4, 20, 23, 30), wherein the removable top is configured to be repeatedly removed and replaced to provide refillable access to the center compartment during use (functional limitation – removable top 14 is capable of being repeatedly removed and replaced to provide refillable access to the center compartment during use as the removable top 14 is removable).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kauffmann to include at least a removable top as taught by Matera for the purpose of hermetically sealing (paragraph 30 of Matera) the needle when not in use.
Kauffmann/Matera are silent wherein the removable tattoo ink cartridge comprises an attachment groove; wherein the tube further comprises an attachment structure, configured to align with the attachment groove; and an attachment button.
However, in a similar field of endeavor of needle marking apparatuses, Spencer teaches (Figures 8-9) wherein the handle comprises an attachment groove (paragraph 49 - “aperture”); wherein the tube 300 further comprises an attachment structure 310 (paragraph 49 – “depressible projection”), configured to align with the attachment groove (paragraph 49); and an attachment button 220.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kauffmann/Matera to include the attachment groove, attachment structure, and attachment button as taught by Spencer for the purpose of providing a tangible and manual removal of the cartridge (paragraph 49 of Spencer).
Although the figures 8-9 embodiment of Spencer does not teach the attachment button and attachment structure both on the tube, and the attachment groove on the removable tattoo ink cartridge, it would be obvious to rearrange the parts since In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice) (MPEP 2144.04 VI. C). Thus, the operation of the device would not be modified due to the rearrangement of parts since the parts are directed to the manual removal of the cartridge.
With regards to claim 14, the combination discloses wherein responsive to the attachment structure (Spencer: 310 – paragraph 49 - depressible projection) being operatively coupled with the attachment groove (Spencer: paragraph 49 - aperture), a covering valve (Kauffmann: paragraph 135 - valve formed by the slot 16 of the piston 4 and the port 111) moves from a first position (Kauffmann: paragraph 135 - open position) to a second position (Kauffmann: paragraph 135 - closed position), wherein the second position is configured to couple the tube opening with the cartridge opening (Kauffmann: see annotated figures 9-10 above; the tube opening coupled to the cartridge opening can be interpreted as either a first position or a second position since the valve opens and closes when the tube and cartridge are coupled).
With regards to claim 15, as rejected above, it would be obvious to modify the system of Kauffmann/Matera to include the attachment groove, attachment structure, and attachment button of Spencer. Spencer further discloses wherein the attachment button 220 is operatively coupled with the attachment structure 310 such that when the attachment button 220 is moved from a first position (undepressed) to a second position (depressed), the attachment structure 310 moves from a third position (projection that springs outwardly into a cylindrical open space) to a fourth position (depressible projection is compressed), wherein the third position is projecting from the tube 300 and the fourth position is retracted into the tube 300 (paragraph 49). Thus, when incorporating the attachment groove, attachment structure, and attachment button of Spencer, the claimed limitation is considered obvious.
With regards to claim 16, Kauffmann further discloses wherein the removable ink cartridge 105 further comprise a cartridge door 127 configured to open to the cartridge body 105 (paragraphs 117 and 139).
With regards to claim 17, Kauffmann further discloses wherein the removable ink cartridge 105 is one of a set of removable tattoo ink cartridges comprising a first removable tattoo ink cartridge 105 and a second removable tattoo ink cartridge 105, wherein the first removable tattoo ink cartridge stores a first color of ink and the second removable tattoo ink cartridge 105 stores a second color of ink (paragraphs 121-122 and 140 – cartridge 105 is removable; installation of pre-filled cartridges is performed).
With regards to claim 18, Kauffmann further discloses wherein the second removable tattoo ink cartridge 105 is fitted with the tube after removing the first removable tattoo ink cartridge 105 that was previously fitted with the tube 3 (paragraphs 121-122 and 140 – cartridge 105 can be placed on different dispensing modules of different shapes; installation of pre-filled cartridges is performed – thus the different pre-filled cartridge is capable of being fitted with the tube).
Conclusion
THIS ACTION IS MADE FINAL. 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 MOHAMMED S ADAM whose telephone number is (571)272-8981. The examiner can normally be reached 8-5.
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/MOHAMMED S ADAM/
Examiner, Art Unit 3771 10/28/2025
/KATHERINE M SHI/Primary Examiner, Art Unit 3771