Prosecution Insights
Last updated: April 19, 2026
Application No. 18/186,100

BODILY FLUID COLLECTION DEVICES AND RELATED METHODS

Non-Final OA §102§103§112§DP
Filed
Mar 17, 2023
Examiner
KREMER, MATTHEW
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Tasso Inc.
OA Round
1 (Non-Final)
44%
Grant Probability
Moderate
1-2
OA Rounds
4y 5m
To Grant
96%
With Interview

Examiner Intelligence

Grants 44% of resolved cases
44%
Career Allow Rate
196 granted / 448 resolved
-26.2% vs TC avg
Strong +52% interview lift
Without
With
+51.9%
Interview Lift
resolved cases with interview
Typical timeline
4y 5m
Avg Prosecution
58 currently pending
Career history
506
Total Applications
across all art units

Statute-Specific Performance

§101
6.2%
-33.8% vs TC avg
§103
35.5%
-4.5% vs TC avg
§102
14.0%
-26.0% vs TC avg
§112
36.2%
-3.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 448 resolved cases

Office Action

§102 §103 §112 §DP
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 . Information Disclosure Statement The information disclosure statement filed on 10/14/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. There is no copy of the reference that matches the entry provided under the heading “Other Documents – Non-Patent Literature Documents”. The reference to which the entry provided under the heading “Other Documents – Non-Patent Literature Documents” refers has not been considered. Election/Restrictions Claim 30-34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 1/29/2026. 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. No claim limitations are interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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 26 and 37 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. Claim 26 recites “wherein the actuator is fixedly coupled to the actuator” in line 1, but it is not clear what this recitation means. How can the actuator being fixedly coupled to itself? Claim 37 recites “wherein the deployed position, the second end portion of the trigger portion is configured to flex away from the blade holder portion” in lines 1-3, which is so grammatically awkward that its meaning is not clear. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 28-29 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10-11 of U.S. Patent No. 11,633,136 (the reference patent). Claim 10 of the reference patent includes all the features of claim 28 of the reference patent. Claim 11 of the reference patent includes all the features of claim 29 of the reference patent Claims 21, 23, and 26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9 of U.S. Patent No. 11,633,136 (the reference patent), in view of U.S. Patent Application Publication No. 2015/0080929 (Yi). Claim 1 of the reference patent includes all the features of claim 21 of the reference patent except the base being configured to be positioned against skin of the subject and the release member being fixedly coupled to the base. Yi teaches a device for withdrawing bodily fluid from a subject, the device comprising: a housing including a base (the housing 2 of Yi including a bottom surface or base; paragraphs 0036 and 0053 of Yi) configured to be positioned against skin of the subject (paragraphs 0066 and 0069 of Yi) and a members that extend out from the bottom surface of base being fixedly coupled to the bottom surface or base (see the rear member 36 and the cam element 40 of Yi). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the base being configured to be positioned against skin of the subject, as suggested by Yi, since it ensures the withdrawal of the bodily fluid from the skin. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the have the release member being fixedly coupled to the base, as suggested by Yi, since it permits a firm construction. Claim 1 of the reference patent (as modified) includes all the features of claim 26 of the present application. Claim 9 of the reference patent includes all the features of claim 21 of the reference patent except the base being configured to be positioned against skin of the subject and the release member being fixedly coupled to the base. Yi teaches a device for withdrawing bodily fluid from a subject, the device comprising: a housing including a base (the housing 2 of Yi including a bottom surface or base; paragraphs 0036 and 0053 of Yi) configured to be positioned against skin of the subject (paragraphs 0066 and 0069 of Yi) and a members that extend out from the bottom surface of base being fixedly coupled to the bottom surface or base (see the rear member 36 and the cam element 40 of Yi). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the base being configured to be positioned against skin of the subject, as suggested by Yi, since it ensures the withdrawal of the bodily fluid from the skin. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the have the release member being fixedly coupled to the base, as suggested by Yi, since it permits a firm construction. Claim 9 of the reference patent (as modified) includes all the features of claim 26 of the present application. With respect to claim 23 of the present application, Yi teaches a device for withdrawing bodily fluid from a subject, the device comprising: a housing including a lumen (see the lumen of the housing 2 of Yi; paragraphs 0036 and 0053 of Yi). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the housing having a lumen with the components of the skin-piercing assembly positioned within the lumen since placement of the skin-piercing assembly inside the housing is required and Yi teaches such a structure that permits such a placement. Thus, claim 1 or 9 of the reference patent (as modified) includes all the features of claim 23. Claim 25 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9 of U.S. Patent No. 11,633,136 (the reference patent), in view of U.S. Patent Application Publication No. 2015/0080929 (Yi) and further in view of U.S. Patent No. 5,314,441 (Cusack). Claim 1 or 9 of the reference patent (as modified) includes a biasing member. Cusack teaches that a torsion spring 122 is a suitable spring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a torsion spring as the biasing member since a type of biasing member is required and Cusack teaches one such biasing member. Thus, claim 1 or 9 of the reference patent (as modified) includes all the features of claim 25. 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. Claims 28-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2010/0081967 (Charlton). With respect to claim 28, Charlton teaches a device for withdrawing bodily fluid from a subject, the device comprising: a housing (the storage case 30 of Charlton) including a base (the front portion 36 of Charlton) having an opening extending therethrough (the openings seen in the front portion 36 in FIG. 1B of Charlton), wherein the base is configured to be positioned adjacent skin of the subject (paragraph 0027 of Charlton); and a skin-piercing assembly positioned at least partially within the housing, wherein the skin-piercing assembly includes- a casing (the housing of the lancing device 20 of Charlton) having a lower surface (the lower surface of the housing of the lancing device 20 of Charlton); and a blade (the lancet 22 of Charlton) configured to move relative to the lower surface (compare FIGS. 1A and 1B of Charlton; paragraphs 0032-0033 of Charlton); and an actuator (the button 26 of Charlton) operably coupled to the skin-piercing assembly and movable relative to the housing, wherein- the actuator is movable to a first position to drive the lower surface of the casing at least partially through the opening in the base and into contact with the skin (moving the button (along with the rest of the housing of the lancing device 20) into the position in FIG. 1B of Charlton); and the actuator is movable to a second position to permit the blade to move along a path through the skin and relative to the lower surface of the casing (pressing the button to eject the lancet 22 from the housing of the lancing device 20; paragraph 0033 of Charlton). With respect to claim 29, Charlton teaches that at least a portion of the lower surface of the casing has a curved shape (the rounded corners of the lower surface of the housing of the lancing device 20 of Charlton). Claims 35-36 and 38-39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2005/0125018 (Galloway). With respect to claim 35, Galloway teaches a skin-piercing assembly configured to be positioned at least partially in a device (the cover 16 of Galloway) for withdrawing bodily fluid from a subject, the skin-piercing assembly comprising: a casing (the casing 12 of Galloway) including a trigger portion (the portion A of the casing outside the triangle B in the below annotated Figure of the casing 12 of Galloway) and a blade holder portion (the portion of the casing inside the triangle B in the below annotated Figure of the casing 12 of Galloway), wherein the trigger portion includes a first end portion fixedly coupled to the blade holder portion (the portions D of the casing at the sides of the triangle B in the below annotated Figure of the casing 12 of Galloway) and a second end portion (the guide member 15 of Galloway) spaced apart from the blade holder portion, wherein the second end portion of the trigger portion includes a first retaining feature (the guide member 15 of Galloway), and wherein the blade holder portion includes a lower surface (the bottom surface 14 of Galloway); a drive member (the carriage 58 of Galloway) pivotably coupled to the blade holder portion of the casing, wherein the drive member includes a second retaining feature (the cam 64 of Galloway); a blade (the razor blade 38 of Galloway) carried by the drive member; and a biasing member (the leaf spring 45 of Galloway) operably coupled between the drive member and the casing, wherein- in a pre-deployed position, the second retaining feature is configured to engage the first retaining feature to maintain the biasing member in a loaded configuration (FIG. 3 of Galloway; paragraphs 0050-0054 of Galloway); and in a deployed position, the second retaining feature is configured to disengage the first retaining feature to permit the biasing member to pivot the blade at least partially past the lower surface of the blade holder portion (FIG. 4 of Galloway; paragraphs 0050-0054 of Galloway). PNG media_image1.png 611 660 media_image1.png Greyscale Annotated FIG. 3 of Galloway With respect to claim 36, Galloway teaches that the trigger portion (the portion A of the casing outside the triangle B in the above annotated Figure of the casing 12 of Galloway) and the blade holder portion (the portion of the casing inside the triangle B in the above annotated Figure of the casing 12 of Galloway) are integrally formed. With respect to claim 38, Galloway teaches that the casing is movable along a longitudinal axis from the pre-deployed position to the deployed position (see the movement of the casing 12 of Galloway relative to the cover 16 of Galloway in FIGS. 3-5 of Galloway). With respect to claim 39, Galloway teaches that at least a portion of the lower surface of the casing has a curved shape (the portions E of the casing in the above annotated Figure of the casing 12 of Galloway). 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. Claims 35-36 and 39-40 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2013/0172698 (Reynolds), in view of U.S. Patent Application Publication No. 2009/0036915 (Karbowniczek). Reynolds teaches a skin-piercing assembly comprising a needle 304 carried by a hub 820. Karbowniczek teaches a blade edge is a suitable substitute for a needle (paragraph 0098 of Karbowniczek). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a blade edge in place of the needle of Reynolds since it is a simple substitution of one known element for another to obtain predictable results. With respect to claim 35, the combination teaches or suggests a skin-piercing assembly configured to be positioned at least partially in a device for withdrawing bodily fluid from a subject, the skin-piercing assembly comprising: a casing including a trigger portion (the element A in the below annotated FIG. 8A of Reynolds) and a blade holder portion (the element B in the below annotated FIG. 8A of Reynolds), wherein the trigger portion includes a first end portion (the element C in the below annotated FIG. 8A of Reynolds) fixedly coupled to the blade holder portion and a second end portion (the element D in the below annotated FIG. 8A of Reynolds) spaced apart from the blade holder portion, wherein the second end portion of the trigger portion includes a first retaining feature (the retaining feature at the element D in the below annotated FIG. 8A of Reynolds), and wherein the blade holder portion includes a lower surface (the element E in the below annotated FIG. 8A of Reynolds); a drive member (the hub 820 of Reynolds) pivotably coupled to the blade holder portion of the casing, wherein the drive member includes a second retaining feature (the latch 818 of Reynolds); a blade (the blade edge of Karbowniczek; paragraph 0098 of Karbowniczek) carried by the drive member (the hub 820 of Reynolds); and a biasing member (the torsion spring of Reynolds; FIGS. 8A-8C of Reynolds) operably coupled between the drive member and the casing, wherein- in a pre-deployed position, the second retaining feature is configured to engage the first retaining feature to maintain the biasing member in a loaded configuration (FIGS. 8A-8B of Reynolds); and in a deployed position, the second retaining feature is configured to disengage the first retaining feature to permit the biasing member to pivot the blade at least partially past the lower surface of the blade holder portion (paragraph 0102 of Reynolds). PNG media_image2.png 440 587 media_image2.png Greyscale Annotated FIG. 8A of Reynolds With respect to claim 36, the combination teaches or suggests that the trigger portion and the blade holder portion are integrally formed (the elements A and B in the above annotated FIG. 8A of Charlton are integrally formed). With respect to claim 39, the combination teaches or suggests that at least a portion of the lower surface of the casing has a curved shape (the element E in the above annotated FIG. 8A of Charlton has a rounded corner). With respect to claim 40, the combination teaches or suggests that the biasing member is a torsion spring (the torsion spring of Reynolds; FIGS. 8A-8C of Reynolds). Allowable Subject Matter Claims 22, 24, and 27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 21, 23, and 25 would be allowable if a terminal disclaimer is filed to overcome the double patenting rejections. Claim 26 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims and if a terminal disclaimer is filed to overcome the double patenting rejections. Claim 37 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is an examiner’s statement of reasons for allowance. With respect to claim 21, U.S. Patent Application Publication No. 2009/0036915 (Karbowniczek) teaches a device for withdrawing bodily fluid from a subject, the device comprising: a housing (the shield body 50c of Karbowniczek) including a base (the front end wall 58c of Karbowniczek) configured to be positioned against skin of the subject a release member (the shield proximal end 54c of Karbowniczek) fixedly coupled to and extending from the base, wherein the base has an opening extending therethrough; a skin-piercing assembly positioned at least partially within the housing, wherein the skin-piercing assembly includes- a trigger portion (the actuator 110 of Karbowniczek) and a blade holder portion (the spring guide 86c of Karbowniczek); a drive member (the carrier body 76c of Karbowniczek) coupled to the blade holder portion (the spring guide 86c of Karbowniczek ); a blade (the blade of Karbowniczek; paragraph 0098 of Karbowniczek) carried by the drive member; and a biasing member (the drive spring 92c of Karbowniczek) operably coupled to the drive member; and an actuator (the rear cap 24c of Karbowniczek) operably coupled to the skin-piercing assembly and movable from a first position to a second position relative to the housing, wherein- in the first position, the drive member is configured to engage the trigger portion to maintain the biasing member in a biased configuration (FIG. 14 of Karbowniczek), and movement of the actuator from the first position to the second position is configured to engage the trigger portion with the release member to disengage the trigger portion from the drive member to permit the biasing member to drive the blade at least partially through the opening in the base (FIG. 15 of Karbowniczek). However, Karbowniczek does not teach or suggest that the drive member (the carrier body 76c of Karbowniczek) is pivotably coupled to the blade holder portion (the spring guide 86c of Karbowniczek ). With respect to claim 21, WO 01/00090 (Vos)(cited by Applicant) teaches a device for withdrawing bodily fluid from a subject, the device comprising: a housing including a base (the body 23 of Vos) configured to be positioned against skin of the subject a release member (the releasing rod 83 of Vos) extending from the base, wherein the base has an opening (the aperture 32 of Vos) extending therethrough; a skin-piercing assembly positioned at least partially within the housing, wherein the skin-piercing assembly includes- a trigger portion (the barb 85 of Vos) and a blade holder portion (the shaft base proximal to the head portion 64 and surrounded by the compression spring 63 of Vos); a drive member (the head portion 64, the pricking rod 65, and the wheel 46 of Vos) pivotably coupled to the blade holder portion (the shaft base proximal to the head portion 64 and surrounded by the compression spring 63 of Vos); a blade (the lancet 24 of Vos) carried by the drive member (the head portion 64, the pricking rod 65, and the wheel 46 of Vos); and a biasing member (the torsion spring 59 of Vos) operably coupled to the drive member (the torsion spring 59 is in operation with the head portion 64, the pricking rod 65, and the wheel 46 of Vos during incision thus making them operably coupled); and an actuator (the firing button 38 and the protrusion 81 of Vos) operably coupled to the skin-piercing assembly and movable from a first position to a second position relative to the housing, wherein- in the first position, the drive member is configured to engage the trigger portion (the head portion 64, the pricking rod 65, and the wheel 46 of Vos is configured to engage the barb 85 of Vos) to maintain the biasing member in a biased configuration, and movement of the actuator from the first position to the second position is configured to engage the trigger portion with the release member to disengage the trigger portion from the drive member to permit the biasing member to drive the blade at least partially through the opening in the base (the movement of the firing button 38 and the protrusion 81 is configured to engage the barb 85 with the releasing rod 83 of Vos to disengage the barb 85 from the head portion 64, the pricking rod 65, and the wheel 46 to permit the torsion spring 59 to drive the lancet 24 at least partially through the aperture 32 of Vos). However, Vos does not teach or suggest that a release member (the releasing rod 83 of Vos) fixedly coupled to and extending from the base (the body 23 of Vos). Claims 22-27 are allowable over the prior art by virtue of their dependence from claim 21. With respect to claim 37, Galloway and the combination of Reynolds and Karbowniczek do not teach or suggest “wherein the deployed position, the second end portion of the trigger portion is configured to flex away from the blade holder portion”. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW KREMER whose telephone number is (571)270-3394. The examiner can normally be reached Monday - Friday 8 am to 6 pm; every other Friday off. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JACQUELINE CHENG can be reached at (571) 272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MATTHEW KREMER/Primary Examiner, Art Unit 3791
Read full office action

Prosecution Timeline

Mar 17, 2023
Application Filed
Feb 18, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
44%
Grant Probability
96%
With Interview (+51.9%)
4y 5m
Median Time to Grant
Low
PTA Risk
Based on 448 resolved cases by this examiner. Grant probability derived from career allow rate.

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