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 Arguments
Applicant’s arguments, see p. 7, filed 22FEB2026, with respect to the Drawings have been fully considered and are persuasive. The objection to the Drawings has been withdrawn.
Applicant’s arguments, see p. 7, filed 22FEB2026, with respect to Claims 1-20 have been fully considered and are persuasive. The 35 U.S.C. § 112(a) rejection of Claims 1-20 has been withdrawn.
Applicant’s amendments and associated arguments, see p. 8, filed 22FEB2026, with respect to Claims 1-17 have been fully considered and are persuasive. The 35 U.S.C. § 112(b) rejection of Claims 1-17 has been withdrawn.
Applicant’s arguments, see page 8, filed 22FEB2026, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. § 102 have been fully considered and are moot in view of new grounds of rejection prompted by Applicant’s amendment to claims. A new ground(s) of rejection is made in view of Lin in view of Schroeder, Schroder teaching a well-known style of cartridge retention as detailed below.
Applicant’s arguments, see page 8, filed 22FEB2026, with respect to the rejection(s) of claim(s) 8 under 35 U.S.C. § 102 have been fully considered and are moot in view of new grounds of rejection prompted by Applicant’s amendment to claims. A new ground(s) of rejection is made in view of Yamaguchi in view of Schroeder, Schroder teaching a well-known style of cartridge retention as detailed below.
While the amended structures of Claims 1 and 8 clarify the previously cited 112(a) issues, they additionally introduce new structural elements which are unclear. The structure is interpreted to extend from the cartridge housing to engage with cartridge receiving chamber for the purpose of examination. As previously stated, Schroeder is introduced to teach this structure. It is further noted that a latching system using angled faces which hold components in place are well-known in the art and were the structural relationships interpreted differently, the feature would still be considered reasonable to incorporate into the devices taught by both Lin and Yamaguchi.
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 1-20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 8 cite “a cartridge retention system positioned to engage at least partially with an outer surface of the cartridge housing”, with “the cartridge retention system comprising a latch…projecting from a surface of the cartridge housing”. It is unclear from the Claims, Drawings, and Specification how the cartridge retention system can simultaneously engage with an outer surface of the cartridge housing and project from the same surface. For the purpose of examination, the structure is interpreted to extend from the cartridge housing to engage with cartridge receiving chamber, as seen in at least Fig. 2B. As the dependent claims build from this structure, a clear base device must be present to address the dependent claims.
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.
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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20140263694 A1 (Lin et al.) in view of US 20210154691 A1 (Schroeder et al.).
Regarding Claim 1, Lin teaches a disposable fluid delivery system for an electrostatic applicator, comprising:
a cartridge housing (the open portion of the Top Section where the Nozzle Cartridge is inserted, seen in Fig. 3) configured to store an aqueous solution (the contents of the Liquid Reservoir shown in Fig. 1);
a nozzle housing (being the external layer of the Nozzle Cartridge assembly shown in Fig. 3 and Lin Annotated Fig. 2);
a high voltage contact (Lin Annotated Fig. 2) electrically attached to a delivery tube (the internal tubing extending from the Luer Lock Cap to Nozzles as seen in Fig. 2) at least partially within the nozzle housing [0007, 0016] the high voltage contact configured to be in electrical communication with a high voltage module [0007] and electrostatically charge fluid contents within the delivery tube [0015]; and
a cartridge retention system positioned to engage at least partially with an outer surface of the cartridge housing, the cartridge retention system configured to engage with and retain the cartridge housing in a connected configuration with a cartridge receiving chamber of an applicator housing of the electrostatic applicator (the high voltage connector being considered to retain the cartridge in place during use, as well as the shaped portion of the Top Section which encompasses the nozzle portion of the Nozzle Cartridge as seen in Fig. 3).
Lin fails to teach the cartridge retention system comprising a latch comprising an angled face protecting from a surface of the cartridge housing and configured to securely connect with an angled surface of a cam release extended from within a device housing through an aperture of a wall of the cartridge receiving chamber.
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Lin Annotated Fig. 2
Schroeder teaches a cartridge retention system (the whole system seen in Fig. 2A, with Fig. 7A providing details of the cartridge retention system) comprising a latch (108) comprising an angled face (112) protecting from a surface of the cartridge housing (consisting of at least fluid module 12’ and reservoir 22’, Fig. 7A [0096]) and configured to securely connect with an angled surface of a cam release extended from within a device housing (as described in [0103]) through an aperture of a wall of the cartridge receiving chamber (catch 122 being driven out is considered to necessarily be caused by an aperture in the wall of the cartridge receiving chamber, as described in [0103]), the use of catches providing a locking system to prevent inadvertent disconnection [0103].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cartridge retention system of Lin with the latching system taught by Schroeder to ensure the cartridge is locked into place during use [Schroeder 0102].
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20070114305 A1 (Yamaguchi et al.) in view of US 20210154691 A1 (Schroeder et al.).
Regarding Claim 8, Yamaguchi teaches an electrostatic applicator system for delivering a treatment solution to a target site, comprising:
a portable reusable electrostatic applicator (Fig. 1) comprising a device housing configured to be handheld (housing 10 being dimensioned to be grasped by a user’s hand [0050]), a motor (30) in the device, a voltage source (50), a high voltage module (40) electrically connected to the voltage source [0050], and a cartridge chamber (12, seen in Fig. 23) [0050] defined with one or more outer surfaces of the device housing (140); and
a disposable cartridge (200) [0049] removably insertable in the cartridge chamber, the disposable cartridge comprising:
a cartridge housing (210) configured to store an aqueous solution [0051];
a nozzle housing (220);
a high voltage contact (251) electrically attached to a delivery tube (the cylindrical portion of 242 which surrounds the high voltage contact, as seen in Fig. 11) at least partially within the nozzle housing (Fig. 11), the high voltage contact configured to be in electrical communication with a high voltage module and electrostatically charge fluid contents within the delivery tube [0053];
a cartridge retention system (at least 20) positioned at least partially with an outer surface of the cartridge housing (Fig. 5), the cartridge retention system configured to engage with and retain the cartridge housing in a connected configuration with a cartridge receiving chamber of an applicator housing of the electrostatic applicator [0050].
Schroeder teaches a cartridge retention system (the whole system seen in Fig. 2A, with Fig. 7A providing details of the cartridge retention system) comprising a latch (108) comprising an angled face (112) protecting from a surface of the cartridge housing (consisting of at least fluid module 12’ and reservoir 22’, Fig. 7A [0096]) and configured to securely connect with an angled surface of a cam release extended from within a device housing (as described in [0103]) through an aperture of a wall of the cartridge receiving chamber (catch 122 being driven out is considered to necessarily be caused by an aperture in the wall of the cartridge receiving chamber, as described in [0103]), the use of catches providing a locking system to prevent inadvertent disconnection [0103].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cartridge retention system of Lin with the latching system taught by Schroeder to ensure the cartridge is locked into place during use [Schroeder 0102].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 HANS KALIHER whose telephone number is (303)297-4453. The examiner can normally be reached Monday-Friday 08:00-05:00 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HANS KALIHER/Examiner, Art Unit 3781
/JESSICA ARBLE/Primary Examiner, Art Unit 3781
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