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 .
Acknowledgments
In the reply, filed on July 28, 2023, Applicant amended claims 5, 9, and 12-16.
Applicant cancelled claims 18-42.
Currently, claims 1-17 are under examination.
Specification
The abstract of the disclosure is objected to because:
In lines 6-7, “nozzle” should be changed to “the nozzle”
In line 7, “blood plasma” should be changed to “the blood plasma”
In line 9, “blood plasma” should be changed to “the blood plasma”
In line 13, “a syringe” should be changed to “the syringe”
In line 20, the first recitation of “the body” should be changed to “the body of the osteotome”
In line 20, the second recitation of “the body” should be changed to “the body of the osteotome”
In line 21, “the body” should be changed to “the body of the osteotome”
In line 22, “the body” should be changed to “the body of the osteotome”
In line 23, “the body” should be changed to “the body of the osteotome”
In line 24, “a distal tip” should be changed to “a distal tip of the osteotome”
In line 21, “the longitudinal axis” should be changed to “the longitudinal axis of the body of the osteotome”
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1-17 are objected to because of the following informalities:
In regards to claim 1, line 5, “blood plasma” should be changed to “the blood plasma”.
In regards to claim 1, line 7, “blood plasma” should be changed to “the blood plasma”.
In regards to claim 2, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 3, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 4, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 5, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 6, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 7, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 8, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 9, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 10, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 10, lines 1-2, “a proximal direction” should be changed to “the proximal direction”.
In regards to claim 11, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 11, line 2, “the cross sectional area” should be changed to “a cross sectional area”.
In regards to claim 11, line 3, “the distal and proximal shoulders” should be changed to “the distal shoulder and the proximal shoulder”.
In regards to claim 12, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 13, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 14, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 14, line 2, “generally square shape” should be changed to “generally square shaped”.
In regards to claim 15, line 1, “A nozzle” should be changed to “The nozzle”.
In regards to claim 16, lines 1-2, “a target treatment site comprising” should be changed to “a target treatment site, the syringe comprising”.
In regards to claim 16, line 2, “a nozzle” should be changed to “the nozzle”.
In regards to claim 17, line 1, “A syringe” should be changed to “The syringe”.
Appropriate correction is required.
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 6-11, 13, and 17 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 regards to claim 6, lines 2-4 recite: wherein the proximal end of the body tapers in a proximal direction from the proximal shoulder “towards the proximal end” along the longitudinal axis. It is unclear how the proximal end can taper from the proximal shoulder “towards the proximal end”. Claims 7-11 are rejected by virtue of being dependent upon claim 6.
In regards to claim 7, line 2 recites “the proximal tip”. There is insufficient antecedent basis for this limitation in the claim. Claim 8 is rejected by virtue of being dependent upon claim 7. Claim 8, lines 1-2 also recite “the proximal tip” for which there is insufficient antecedent basis.
In regards to claim 13, line 2 recites “four exit gates”. Claim 13 depends upon claim 1. Claim 1, line 11 recites “at least one exit gate”. It is unclear whether the two terms refer to the same components or to different components.
In regards to claim 17, lines 1-2 recite: wherein a flexible tube fluidly connects “the nozzle to the syringe”. This is interpreted to mean that the nozzle and the syringe are separate components connected together. Claim 17 depends upon claim 16. Claim 16, lines 1-2 recite: “A syringe” for delivering blood plasma to a target treatment site “comprising a nozzle”. This is interpreted to mean that the nozzle is a component of the syringe. Thus, it is unclear how the nozzle can be connected to the syringe, in claim 17, when claim 16 already establishes that the nozzle is a component of the syringe.
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 1-12 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song (US 9,757,215).
In regards to claim 1, Song teaches a nozzle (Figures 1-7, dental device 100) for a syringe for distributing blood plasma at a target treatment site within a patient's mouth (Figure 11), the nozzle comprising:
a body (100) having a passage (12) extending through the body along a longitudinal axis of the body, the passage extending from a proximal end (13) to a distal end (10) of the body
an inlet (labeled in Figure 7 below) to the passage at the proximal end for receiving blood plasma from the syringe (Figures 6-7)
an outlet (labeled in Figure 7 below) from the passage at the distal end for distributing blood plasma at the target treatment site (Figures 1, 6-7)
wherein the outlet comprises an outlet aperture located on a distal tip of the nozzle (Figures 1, 6-7)
at least one exit gate (11) extending from the passage through the distal end of the body (Figure 6)
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In regards to claim 2, Song teaches wherein the body comprises a distal shoulder (labeled in Figure 7 above) extending around an external surface of the body (Figures 1-3, 6-7).
In regards to claim 3, Song teaches wherein the distal end of the body extends distally from the distal shoulder and wherein the distal end of the body tapers in a distal direction from the distal shoulder towards the distal tip along the longitudinal axis (Figures 1-2, 7).
In regards to claim 4, Song teaches wherein the distal end of the body is frustoconical such that the distal tip is generally planar (Figures 1-2, 7).
In regards to claim 5, Song teaches wherein the body comprises a proximal shoulder (labeled in Figure 7 above) extending around the external surface of the body (Figures 1-3, 6-7).
In regards to claim 6, Song teaches wherein the proximal end of the body extends proximally from the proximal shoulder and wherein the proximal end of the body tapers in a proximal direction from the proximal shoulder towards the proximal end along the longitudinal axis (Figures 1-3, 6-7).
In regards to claim 7, Song teaches wherein the proximal end of the body is frustoconical such that the proximal tip is generally planar (Figures 1-3, 6-7).
In regards to claim 8, Song teaches wherein the inlet is positioned on the proximal tip and wherein the inlet is concentrically aligned with the longitudinal axis (Figure 6-7).
In regards to claim 9, Song teaches wherein a central body portion is defined between the distal shoulder and the proximal shoulder (Figures 1-3, 6-7).
In regards to claim 10, Song teaches wherein the central body portion tapers in a proximal direction along the longitudinal axis from the distal shoulder towards the proximal shoulder (Figures 1-3, 6-7; between 63 and 71, and between 71 and 13).
In regards to claim 11, Song teaches wherein the central body portion has generally parallel edges such that the cross sectional area of the central body portion is substantially constant along the longitudinal axis between the distal and proximal shoulders (Figures 6-7).
In regards to claim 12, Song teaches wherein the at least one exit gate extends substantially perpendicularly from the passage to an external surface of the distal end (Figure 6).
In regards to claim 14, Song teaches wherein the at least one exit gate is generally square shape (column 3, lines 39-41).
In regards to claim 15, Song teaches wherein the at least one exit gate tapers outwardly from the passage (Figure 6).
In regards to claim 16, Song teaches a syringe (Figure 11, syringe 16) for delivering blood plasma to a target treatment site comprising a nozzle (100) as claimed in claim 1.
In regards to claim 17, Song teaches wherein a flexible tube (18) fluidly connects the nozzle to the syringe.
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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Song, as applied to claim 1 above, and further in view of Kim (US 2011/0008746).
In regards to claim 13, Song teaches three or more exit gates positioned circumferentially around the distal end of the body (column 3, lines 37-39); however, Song does not specifically teach four exit gates positioned circumferentially around the distal end of the body. Kim teaches a nozzle (Figures 3-4, liquid injection apparatus 10) comprising four exit gates (17) positioned circumferentially around a distal end of a body (10). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the nozzle, of Song, to comprise four exit gates positioned circumferentially around the distal end of the body, as taught by Kim, as such will allow for smoothly injecting liquid in various directions (paragraph [0040]).
Conclusion
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/SHEFALI D PATEL/Primary Examiner, Art Unit 3783