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 .
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 1-10 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.
Regarding claims 1-10, applicant claims a ‘plurality of marker’ throughout. This terminology also appears throughout the specification and the drawings with no other alternate phrasing. It is unclear by this phrase if a typographical error was made throughout and the intent is to claim multiple ‘markers’ or if only one ‘marker’ is intended and the ‘plurality of’ was meant to read ‘plurality of points’. Based upon the function of the ’plurality of marker’ described in the claims and specification, examiner believes that there is only one ‘marker’ intended to be claimed and the ‘plurality of’ was intended to describe what the marker is used for. A more definitive way of claiming the latter scenario would be to say ‘a marker for tracing the marked points’ or just ‘a marker’.
Claim Objections
Claims 1, 5, and 9 are objected to because of the following informalities: the term ‘implementing’/’implemented’ is used interchangeably with ‘implant’/’implanting’ throughout claims 1, 5, and 9. Examiner does not consider ‘implementing’/ ’implemented’ to be interchangeable with ‘implant’/’implanting’ since they are not synonymous. ‘Implant’/’implanting’ would be the proper terminology for the hair graft system/procedure being claimed/disclosed. The term ‘implementing’/’implemented’ is also found throughout the specification, title, and drawings. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: lines 14, 20, & 29 - ‘the processor configured to’ should be amended to read --the processor is configured to--; line 24 - ‘the trimmer configured’ should be amended to read --the trimmer is configured--.
Claim 3 is objected to because of the following informalities: line 3 - ‘measuring device configured’ should be amended to read --measuring device is configured--.
Claim 4 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. See MPEP § 608.01(n). Accordingly, the claim has not been further treated on the merits.
Claim 6 is objected to because of the following informalities: lines 1-2 & 3- ‘pointer configured’ should be amended to read --pointer is configured--.
Specification/Drawings/Title
The disclosure and drawings are objected to because of the following informalities: With respect to the 35 USC 112(b) Rejection and Claim Objections made above, the Specification, Title, and Drawings will require appropriate correction as well.
Allowability over Prior Art
There is no prior art rejection for claims 1-10. Examiner cites US Pub. No. 2025/0041045 A1 as the closest art (although not prior based on EFD). This reference discloses a process/system for on-demand graft harvesting and implantation, however, fails to disclose, teach, or suggest at least the following elements of the claimed system/process: a ‘marker’ connected with the processor, wherein the processor is configured to instruct the marker to trace the marked points of the first and second image and mark a plurality of points in the first area and the second area of the body surface of the subject where hairs get harvested and implanted, and ‘a trimmer’ communicatively connected with the processor and the harvester pointer, wherein the trimmer is configured to catch harvested hair from the harvester pointer and trim the harvested hair as per the instructions provided by the processor on basis of depth of the marked point in the second area of the body surface of the subject.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pub. No. 2016/0338732 A1 - discloses a common robotic hair transplantation system/procedure in the art - failing to disclose, teach, or suggest at least the elements ‘marker’ and ‘trimmer’ as discussed above under ‘Allowability over Prior Art’ section. US Pub. No. 2002/0103500 A1 - discloses another common robotic hair transplantation system/procedure in the art that includes a step of plug trimming; however, this is not the same as the claimed ‘trimmer’ communicatively connected with the processor and a harvester pointer, wherein the trimmer is configured to catch harvested hair from the harvester pointer and trim the harvested hair as per the instructions provided by the processor on basis of depth of the marked point in the second area of the body surface of the subject.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY LAUREN FISHBACK whose telephone number is (571)270-7899. The examiner can normally be reached M-F 7:30a-3:30p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ASHLEY LAUREN FISHBACK
Primary Examiner
Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 March 19, 2026