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 .
Status of the Application
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/29/26 has been entered.
Claims 1-18 have been examined in this application. This communication is a Final Rejection in response in response to the amendment filed 06/29/26. All claims are drawn to the same invention claimed in the application prior to the entry of the submission under 37 CFR 1.114 and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114.See MPEP § 706.07(b).
Claim Interpretation
For the purpose of applying prior art the following broadest reasonable interpretations are applied. The disclosure does not set forth uncommon, special, or otherwise explicit definitions for terms for which the following aforementioned broadest reasonable interpretations are provided. These broadest reasonable interpretations do not appear inconsistent with Applicant’s disclosure.
Broadest Reasonable Interpretations
In regards to claim 8,
the term syringe is interpreted as:
“a device used to inject fluids into […] something” as per the previously attached definition obtained on 12/18/25 from Merriam-Webster Online dictionary. And therefore, the term syringe tip is interpreted as a tip of a device used to inject fluids into something.
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 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020152094 to Tiekenheinrich.
As per claims 1, 7, 8, and 18, and as the examiner can understand the claims, Tiekenheinrich discloses a device (100) having a discharge structure (50, 24) for discharging viscous material from a discharge opening (see Figure A, below), wherein
the apparatus includes a cylindrical portion having a hollow portion to be filled with the viscous material (Fig. 1-2; pg. 1, Ln. 13) and a nozzle portion (50) to discharge the viscous material,
the discharge structure is configured in the nozzle portion and comprises
a flow path (82) that is formed in the nozzle portion around a virtual central line and allows the viscous material to move (Fig. 1), and
a tapered flow path (see Figure A, below) formed in the nozzle portion between the flow path and the discharge opening, wherein
a cross-sectional area of the tapered flow path gradually increases toward the discharge opening (Fig. 1), and
the nozzle portion is formed in a manner such that a cross-section size of the nozzle portion decreases toward the discharge opening (Fig. 1; 52 forms part of the nozzle portion and decreases toward the discharge opening).
Tiekenheinrich does not explicitly disclose the apparatus being used as a tip of a device used to inject fluids into something—i.e. the apparatus being a “syringe tip”. However, it has been held that: a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art; and, if the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP §2114(II). In addition, functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function. Therefore, if the prior art discloses a device that can inherently perform the claimed function, a rejection under 35 U.S.C. 102 or 103 may be appropriate. See MPEP §2114(IV). Furthermore, when the structure recited in the prior art is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. See MPEP §2112.01(I). Tiekenheinrich discloses the claimed structure and is capable of being used as claimed.
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Figure A: WO 2020152094, Figure 1 - annotated
As per claim 2, Tiekenheinrich further discloses in the cross section of the flow path including the virtual center line, an angle between an extending direction of a peripheral wall of the flow path in the end portion on a discharge opening side and an extending direction of a peripheral wall of the tapered flow path is 50 to 85 degrees (see Figure A, above).
As per claims 3 and 9, Tiekenheinrich further discloses the tapered flow path has a truncated conical shape (Fig. 1).
As per claims 4, 10, and 11, Tiekenheinrich further discloses the flow path has a columnar shape (Fig. 1).
As per claims 5-6 and 12-17, Tiekenheinrich further discloses the tapered flow path and an outer peripheral wall portion of a discharge container or an outer peripheral wall portion of a discharge instrument are connected by an annular circular tip surface (see Figure A, above).
Response to Arguments
In regards to the claim rejections under 35 USC § 112 issued in the final rejection dated 12/29/25, the amendment filed 06/26/26 appropriately addresses it and the rejection is withdrawn.
In regards to the claim rejections under prior art, the arguments filed 06/29/26 have been fully considered but are not found persuasive. Applicant requests withdrawal of the rejections by arguing that “the structure indicated by reference number 50 in Tiekenheinrich cannot correspond to the presently defined nozzle portion, in which the cross-sectional size decreases or remains constant towards the discharge opening”. In response, reference number 50 includes a nozzle portion in which the cross-sectional size decreases towards the discharge opening – as shown below.
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Conclusion
THIS ACTION IS MADE FINAL. 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 with expire on the date the advisory action is mailed, and any extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Randy Gruby, whose telephone number is (571) 272-3415. The examiner can normally be reached from Monday to Friday between 8:00 AM and 5:00 PM.
If any attempt to reach the examiner by telephone is unsuccessful, the examiner’s supervisor, Paul Durand, can be reached at (571) 272-4459.
Another resource that is available to applicants is the Patent Data Portal (PDP). Information regarding the status of an application can be obtained from the (PDP) system. For more information about the PDP system, see https://opsg-portal.uspto.gov/OPSGPortal/. Should you have questions on access to the PDP system, please feel free to contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/R.A.G/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 July 24, 2026
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