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 without traverse of claims 1-9 in the reply filed on 07/06/26 is acknowledged.
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.
Claim 6 is 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 6 recites “may be defined”, this phrase is indefinite as the phrase indicates possibility/probability and/or the term to be optional. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticiapted by Olson (US 2012/0136337)
With regard to claim 1, Olson describes an injection needle (FIG. 6) for injecting fluid into a substrate, comprising: an elongated hollow shank (418, FIG. 6) having a center longitudinal axis (see annotated FIG), an inner shank wall (see annotated FIG), and an outer shank wall (see annotated FIG); and a needle tip (see annotated FIG), comprising: an injection opening (see annotated FIG); and a curved end portion extending from the elongated hollow shank and having a radius of curvature (428), the curved end portion terminating distally in a bottom outer edge and a cutting face extending from the bottom outer edge toward the inner shank wall at a bottom end of the injection opening (see annotated FIG), wherein the bottom outer edge and the cutting face are in substantially vertical alignment with an axis of a first portion of the inner shank wall extending from a top end of the injection opening (see annotated FIG.).
PNG
media_image1.png
850
573
media_image1.png
Greyscale
With regard to claim 2, Olson describes the axis of the first portion of the inner shank wall (see annotated FIG) is in a spaced parallel relationship with the center longitudinal axis of the elongated hollow shank (see annotated FIG).
With regard to claim 3, Olson describes the cutting face (see annotated FIG) is in a spaced parallel relationship with the center longitudinal axis of the elongated hollow shank (see annotated FIG).
With regard to claim 4, Olson describes the curved end portion (428) has a curvature of about 40° (see annotated FIG).
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 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Olson (US 2012/0136337) in view of Crocker et al. (US 20050177117).
With regard to claim 5, Olson teaches an injection needle (FIG. 6) for injecting fluid into a substrate, comprising: an elongated hollow shank (418, FIG. 6) having a center longitudinal axis (see annotated FIG), an inner shank wall (see annotated FIG), and an outer shank wall (see annotated FIG); and a needle tip (see annotated FIG), comprising: an injection opening (see annotated FIG); and a curved end portion extending from the elongated hollow shank and having a radius of curvature (428), the curved end portion terminating distally in a bottom outer edge and a cutting face extending from the bottom outer edge toward the inner shank wall at a bottom end of the injection opening (see annotated FIG), wherein the bottom outer edge and the cutting face are in substantially vertical alignment with an axis of a first portion of the inner shank wall extending from a top end of the injection opening (see annotated FIG.).
PNG
media_image2.png
1243
838
media_image2.png
Greyscale
Olson does not teach the injection opening has a height extending between the bottom and top end of the injection opening of about 4 mm. However, Crocker from the same field of endeavor directed toward a needle with a lateral aperture teaches the aforementioned limitation: “Preferably at least one aperture is spaced apart from the tip and is located wholly or substantially on the barrel or where the there is a step or gradient change in the outside diameter e.g. it is located on the gradient where the elongate section tapers out to join the larger barrel or it is located on the elongate section and optionally can or cannot not adjoin the tip. The distance from the tip to at least one aperture is not fixed but is likely to be in the range 0.1 mm to 100 mm depending on the depth of injection required.”, para. [0051]-[0052].
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Olson reference, such that the injection opening has a height extending between the bottom and top end of the injection opening of about 4 mm, as suggested and taught by Crocker, for the purpose of providing a predetermined amount of fluid within a substrate in view of the depth required for injection and/or thickness of the substrate material.
With regard to claim 6, Olson teaches a radius of curvature for the curved end portion (see annotated FIG) may be defined such that fluid exiting the injection opening (see annotated FIG.) is at a substantially 40° angle relative to the shank elongated center axis C (see annotated FIG).
With regard to claim 7, Olson teaches the injection opening (see annotated FIG.) is surrounded by an injection opening cutting face (see annotated FIG.) defined at least in part by a first circumferential portion (see annotated FIG.) surrounding the injection opening.
PNG
media_image3.png
850
573
media_image3.png
Greyscale
With regard to claim 8, although Olson teaches the invention as claimed as detailed herein, Olson does not explicitly teach the injection opening cutting face is further defined by a secondary beveled portion cut into the first circumferential portion near the bottom outer edge of the needle tip. However, it is submitted that such an adaptation would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art as a matter of routine experimentation to achieve a desired cutting profile for enhanced insertion into a substrate in view of a thickness and/or desired depth of insertion within the substrate. Notwithstanding the foregoing, Crocker is cited herein alternatively for teaching the aforementioned limitation as detailed in the annotated FIG:
PNG
media_image4.png
179
558
media_image4.png
Greyscale
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Olson reference, such that the injection opening cutting face is further defined by a secondary beveled portion cut into the first circumferential portion near the bottom outer edge of the needle tip, as suggested and taught by Crocker, for the purpose of providing a desired cutting profile for enhanced insertion into a substrate in view of a thickness and/or desired depth of insertion within the substrate.
With regard to claim 9, Crocker teaches the secondary beveled defines the cutting face (see annotated FIG.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH W ISKRA whose telephone number is (313) 446-4866. The examiner can normally be reached on M-F: 09:00-17:00 EST.
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, IBRAHIME ABRAHAM can be reached on 571-270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH W ISKRA/Examiner, Art Unit 3761
/CHRIS Q LIU/Primary Examiner, Art Unit 3761
Prosecution Insights