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 Amendment
The amendment filed on 07/06/2026 has been entered. Claims 1-2 have been amended. Claim 3 has been cancelled. Thus, claims 1-2 remain pending in the application.
Applicant’s arguments, see pages 4-13 of Applicant's Remarks, filed 07/06/2026, with respect to the rejections of claims 1 and 3 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Perthu (United States Patent Application Publication No. US 2016/0193428 A1), and further in view of Halaka (United States Patent No. US 8,845,601 B2), Erez et al. (United States Patent No. US 5,578,014 A; herein, Erez), Yoon (United States Patent Application Publication No. US 2022/0051907 A1), and Muldoon et al. (United States Patent Application Publication No. US 2021/0060297 A1; herein, Muldoon).
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/06/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The amendments to the drawings were received on 07/06/2026.
The amended drawings are objected to because:
The indicator lines for the conveying screw shaft 113 and the first internal screw portion 114 appear to both designate the conveying screw shaft. The examiner interprets the amendment as an attempt to better identify the inner portion of the connecting stand 115, where the first internal screw portion 114 exists. However, the current view of the drawing with the conveying screw shaft 113 in place will continue to block a clear representation of the first internal screw portion 114.The examiner suggests providing a figure with the conveying screw shaft removed, which would allow for the first internal screw portion to be viewed clearly.
The indicator lines for the controlling screw shaft 122 and the second internal screw portion 123 appear to both designate the controlling screw shaft. The examiner interprets the amendment as an attempt to better identify the inner portion of the connecting piece 124, where the second internal screw portion 123 exists. However, the current view of the drawing with the controlling screw shaft 122 in place will continue to block a clear representation of the second internal screw portion 123. The examiner suggests providing a figure with the controlling screw shaft removed, which would allow for the second internal screw portion to be viewed clearly.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendments to the specification were received on 07/06/2026. Applicant addressed all previous objections. The specification is acceptable.
Claim Objections
Claim 1 is objected to because of the following informalities:
In the first line of claim 1, the claim states “A device for conveying a local cryoanesthesia and syringe”. Within the claims, each structural element should be preceded by an article, such as “a” or “the”. The examiner suggests adding “a” before “syringe”, as it is the first instance of that element being mentioned.
In the third and fourth lines of claim 1, the examiner suggests modifying “a skin anesthetizing plate (131), which is mounted on one side of a device body (101) to come in contact with a skin” to be “a skin anesthetizing plate (131), which is mounted on one side of a device body (101) configured to come in contact with a skin” to more clearly differentiate from potentially positively claiming a human.
In the sixteenth line of claim 1, the claim uses the term “loosely” to describe the clamp fit between a support clip and a syringe cylinder. “Loosely” is a broad term that does not clearly or exactly define the fit between a support clip and a syringe cylinder. Further, the specification does not provide adequate information to understand to what extent a syringe cylinder is “loosely” fit within a support clip. The examiner recommends using more exact terminology to explicitly define the fit. For the purposes of examination, the examiner will interpret “loosely” to mean a syringe cylinder can be inserted and removed from within a support clip.
In the twenty-second line of claim 1, there is a minor informality within the claim where it says, “the first, second, third, and 22 fourth needle guide holes”. The examiner suggests removing the “22” from that part of the claim.
In the twenty-fifth line of claim 1, the claim uses the terminology “tightly” to describe the clamp fit between a flange and an insertion groove. “Tightly” is a broad term that does not clearly or exactly define the fit between a flange and an insertion groove. Further, the specification does not provide adequate information to understand to what extent a flange is “tightly” fit within an insertion groove. The examiner recommends using more exact terminology to explicitly define the fit. For the purposes of examination, the examiner will interpret “tightly” to mean a flange is pressed against an insertion groove in a manner that secures the flange in place, yet the flange can still be removed.
In the thirty first line of claim 1, there is a minor informality within the claim where it says, “a second internal s 2 crew portion”. The examiner suggests modifying the informality to read “a second internal screw portion”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The amendments to the claims were received on 07/06/2026. Applicant addressed all previous 112(b) rejections.
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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Perthu (United States Patent Application Publication No. US 2016/0193428 A1), and further in view of Halaka (United States Patent No. US 8,845,601 B2), Erez et al. (United States Patent No. US 5,578,014 A; herein, Erez), Yoon (United States Patent Application Publication No. US 2022/0051907 A1), and Muldoon et al. (United States Patent Application Publication No. US 2021/0060297 A1; herein, Muldoon).
Regarding claim 1, Perthu discloses a device (Fig. 1, injection device 100) and syringe (Fig. 8-9, hypodermic syringe 161), the device comprising: a moving stand (Figs. 1-7, movable element 110) having a support clip (Figs. 1-7, front clip 116 of syringe holder 114), configured to loosely clamp one side of a syringe cylinder (Figs. 8-9, cylinder of hypodermic syringe 161), formed at an upper side of the moving stand to allow a syringe needle (Figs. 8-9, hypodermic needle 164) coupled to the syringe cylinder to be positioned (Fig. 6 displays how syringe holder 114 holds the position of hypodermic syringe 161 and hypodermic needle 164, Figs. 8-9 displays the hypodermic needle 164 maintaining position through a needle hub 163); a moving stand conveyor (Figs. 4-5, the components that support the motion of the first portion 113 through the first tubular element 106, from retracted position to injection position, make up a conveyor element) configured to move the moving stand toward the skin to convey the syringe cylinder (Figs. 4-5, from retracted position to injection position) so that the syringe needle of the syringe cylinder is able to pass through (Figs. 8-9, from retracted position to injection position following the set path of the syringe holder 114 and needle hub 163) and be inserted at a predetermined depth into the skin (Fig. 9, the hypodermic needle 164 is able to go as far as the syringe holder 114 moves the hypodermic syringe 161 assembly); a moving clip (Figs. 1-7, back clip 115 of syringe holder 114) in which an insertion groove is formed to (Fig. 4 shows a small groove behind the back clip 115 of syringe holder 114 can hold a flange of a hypodermic syringe, as see in Figs. 8-9), unlike the support clip of the moving stand, tightly clamp a flange fitted thereinto, the flange being formed at a rear side of the syringe cylinder (Figs. 8-9, flange of hypodermic syringe 161 fit into groove).
Perthu does not disclose a device for conveying a local cryoanesthesia, a first needle guide hole formed at a center of a skin anesthetizing plate, which is mounted on one side of a device body to come in contact with a skin, to instantaneously cool an epidermis and block neural transmission; a second needle guide hole formed at a center of a Peltier element, which is in close contact with a rear side surface of the skin anesthetizing plate, to absorb heat generated from the skin anesthetizing plate; a third needle guide hole formed at a center of a heat dissipation block, which connects a lower side thereof with a second heat dissipation plate having a cooling fan, positioned at a lower side of the device body, attached thereto using a heat pipe, to absorb heat from the Peltier element and dissipate heat; a fourth needle guide hole formed at a center of a first heat dissipation plate, which is in close contact with a rear side surface of the heat dissipation block, to absorb heat of the heat dissipation block and dissipate heat to the outside; the syringe needle positioned on a center line of the first, second, third, and fourth needle guide holes, and the syringe needle is able to pass through the first, second, third, and fourth needle guide holes; a moving clip position controller configured to, corresponding to a short length (b) or a long length (c) of the syringe needle coupled to the syringe cylinder that remains fixed to the moving clip, place an end of the syringe needle at a set point (a); wherein the moving clip position controller includes: a connecting piece on which a second internal screw portion attached to a lower side of the moving clip is formed; a controlling screw shaft fastened to the second internal screw portion of the connecting piece and rotatably coupled to opposite sides of the moving stand; and a controlling handle connected to the other side of the controlling screw shaft and exposed to the outside the device body to rotate and reversely rotate the controlling screw shaft.
However, Halaka teaches a device for conveying a local cryoanesthesia (Figure 2, skin cooling apparatus 10 with a hypodermic syringe 12), a first needle guide hole (Figure 3, aperture in cooling plate 52) formed at a center of a skin anesthetizing plate (Figure 3, cooling plate 52), which is mounted on one side of a device body (Figure 2, support body 30) to come in contact with a skin, to instantaneously cool an epidermis and block neural transmission (col. 6 lines 6-11, surface 62 of cooling plate 52 absorbs heat from the skin and numbs the patient’s skin); a second needle guide hole (Figure 3, aperture in semiconductor layer 56) formed at a center of a Peltier element (Figure 3, semiconductor layer 56 functions in the same way as a Peltier element according to col. 5 lines 16-24), which is in close contact with a rear side surface of the skin anesthetizing plate (Figure 3, cooling plate 52 touching semiconductor layer 56), to absorb heat generated from the skin anesthetizing plate (Figure 3, col. 6 lines 44-47, by the order in which the cooling plate 52 and warming plate 54 are set apart by the semiconductor layer 56, the semiconductor layer 56 would have to absorb some heat that is passed through); a third needle guide hole formed at a center (Figure 3, aperture in warming plate 54), and a fourth needle guide hole formed at a center (Figure 3, central aperture 40 in end wall 38) which is in close contact with a rear side surface of the heat dissipation block (Figure 3, warming plate 54 touching side of end wall 38); the syringe needle positioned on a center line of the first, second, third, and fourth needle guide holes (Figure 3, hypodermic needle 24 aligns on the same line as the previously mentioned apertures), and the syringe needle is able to pass through the first, second, third, and fourth needle guide holes (Figure 3);.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device as disclosed by Perthu to include a skin cooling apparatus with apertures in four separate elements for a needle to pass through as taught by Halaka in order to provide selective, localized cooling of a target area (col. 3 lines 14-15), and the apertures act to provide a further aiming of the needle to ensure accurate positioning of the hypodermic needle tip within the target area (col. 6 lines 21-26). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a cooling plate that numbs the epidermis and a semiconductor layer that works in a similar manner to a Peltier element as taught by Halaka in order to provide direct cooling to the patient’s skin by energizing the cooling device with one or more appropriate electrical signals (col. 6 lines 47-53), and subsequently transferring heat from one side of the device to the other.
Perthu in view of Halaka still does not disclose a heat dissipation block, which connects a lower side thereof with a second heat dissipation plate having a cooling fan, positioned at a lower side of the device body, attached thereto using a heat pipe, to absorb heat from the Peltier element and dissipate heat; a first heat dissipation plate, to absorb heat of the heat dissipation block and dissipate heat to the outside; a moving clip position controller configured to, corresponding to a short length (b) or a long length (c) of the syringe needle coupled to the syringe cylinder that remains fixed to the moving clip, place an end of the syringe needle at a set point (a); wherein the moving clip position controller includes: a connecting piece on which a second internal screw portion attached to a lower side of the moving clip is formed; a controlling screw shaft fastened to the second internal screw portion of the connecting piece and rotatably coupled to opposite sides of the moving stand; and a controlling handle connected to the other side of the controlling screw shaft and exposed to the outside the device body to rotate and reversely rotate the controlling screw shaft.
However, Erez teaches a heat dissipation block (FIG. 6A, heat sink 57 works in the same manner as a heat dissipation block to remove heat from a concentrated source and dissipate away), which connects a lower side thereof with a second heat dissipation plate (FIG. 6A, heat transfer unit 55) having a cooling fan (FIG. 6A, fan 58), positioned at a lower side of the device body (FIG. 6A, fan 58 on the lower half on the automatic hypodermic injection device 70), to absorb heat from the Peltier element and dissipate heat (FIG. 6A, heat transfer unit 55 attached to heat sink 57, which functions to absorb and dissipate heat), and a moving clip position controller (FIG. 6A, syringe actuator and support 72) configured to, corresponding to a short length (b) or a long length (c) of the syringe needle coupled to the syringe cylinder that remains fixed to the moving clip, place an end of the syringe needle at a set point (a) (FIG. 6A, Syringe actuator and support 72 controls the movement of the needle 62 to and from the housing. It would be commonly understood that a set point can be any starting or finishing point, regardless to needle length. The syringe actuator and support 72 moves the needle from a set point or to a set point.); wherein the moving clip position controller includes: a connecting piece (syringe support member 65) on which a second internal screw portion attached to a lower side of the moving clip is formed (FIG. 6A, internal screw portion of support member 65); a controlling screw shaft (first drive shaft 74) fastened to the second internal screw portion of the connecting piece (col. 7 lines 27-29) and rotatably coupled to opposite sides of the moving stand (col. 7 lines 46-47, the first drive shaft 74 would need to be held into place within the housing 51 in a rotatably allowable manner in order to operate the mechanism).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device as disclosed by Perthu to include heat dissipation components as well as a fan as taught by Erez in order to absorb heat from the cooling plate and semiconductor layer and dissipate said heat away from device components (col. 5 line 65-col. 6 line 6). Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Perthu to include a moving clip, which includes a connecting piece on a controlling screw shaft, for placement of the syringe needle as taught by Erez in order to support positioning of the syringe and needle on the device (col. 7 lines 20-35).
Perthu in view of Halaka and Erez still does not disclose using a heat pipe; a first heat dissipation plate, to absorb heat of the heat dissipation block and dissipate heat to the outside; a controlling handle connected to the other side of the controlling screw shaft and exposed to the outside the device body to rotate and reversely rotate the controlling screw shaft.
However, Muldoon teaches a controlling handle (Fig. 1, rotatable adjustment knob 104) connected to the other side of the controlling screw shaft (Figs. 2-3, the rotatable adjustment knob 104 connects to the rotating shaft 106) and exposed to the outside to rotate and reversely rotate the controlling screw shaft (Figs. 2-3, the rotatable adjustment knob 104 sits outside housing 107 and rotates the device clockwise and counterclockwise). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device as disclosed by Perthu to include an outward controlling handle as taught by Muldoon in order to have the ability to control and place a distal end of the device in a desired location ([0019]-[0020]).
Perthu in view of Halaka, Erez, and Muldoon still does not disclose using a heat pipe; a first heat dissipation plate, to absorb heat of the heat dissipation block and dissipate heat to the outside.
However, Yoon teaches using a heat pipe (FIG. 1, heat pipes 140), a first heat dissipation plate (FIG. 1, heat dissipation plate 110), to absorb heat of the heat dissipation block and dissipate heat to the outside ([0035], heat transfer plates 1120,120 absorb heat from the heat pipes 140 and dissipate). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device as disclosed by Perthu to include an additional heat dissipation plate and a heat pipe connected to the previous heat transfer unit and heat sink as taught by Yoon in order to remove heat from the system in various directions ([0035]), which balances the amount of heat going to each dissipation plate and helps the device function more fluidly.
Regarding claim 2, in the modified device of Perthu, Perthu discloses the moving stand conveyor (Figs. 4-5, the components that support the motion of the first portion 113 through the first tubular element 106, from retracted position to injection position, make up a conveyor element) includes: a guide rail (Fig. 7, groove 109) and configured to guide movement of the moving stand ([0301], groove 109 allows second portion 111 of the movable element 110 to have motion) while supporting a bottom portion of the moving stand so that the moving stand is able to move in a stable state (Fig. 7, groove 109 attached to first outer surface of the housing 101 which keeps second portion 111 and syringe holder 114 stable).
Perthu does not disclose the guide rail formed on an inner side surface of the device body, a connecting stand on which a first internal screw portion coupled to a central lower side of the moving stand is formed; a conveying screw shaft fastened to the first internal screw portion of the connecting stand and rotatably coupled to opposite sides of the device body; and a driving motor mounted on a bottom portion of one side of the device body, connecting one end of the conveying screw shaft with a driving shaft, to rotate and reversely rotate the conveying screw shaft.
However, Erez teaches the guide rail formed on an inner side surface of the device body (FIG. 6A, all components are located inside housing 51, including drive shafts that guide movement), a connecting stand (FIG. 6A, piston engagement member 76) on which a first internal screw portion coupled to a central lower side of the moving stand is formed (FIG. 6A, col. 7 lines 30-35, piston engagement member 76); a conveying screw shaft (FIG. 6A, second drive shaft 78) fastened to the first internal screw portion of the connecting stand (FIG. 6A, col. 7 lines 30-35, internally threaded piston engagement member 76 is threadedly mounted onto a second drive shaft 78) and rotatably coupled to opposite sides of the device body (col. 7 line 65 – col. 8 line 4, the second drive shaft 78 would need to be held into place within the housing 51 in a rotatably allowable manner in order to operate the mechanism); and a driving motor (FIG. 6A, second motor 79) mounted on a bottom portion of one side of the device body (FIG. 6A, the motor appears to be inside the bottom half of the housing 51 and would need to be mounted in some way to operate the device), connecting one end of the conveying screw shaft with a driving shaft, to rotate and reversely rotate the conveying screw shaft (FIG. 6A, the second gears 80 cause axial rotation of the second drive shaft 78).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device as disclosed by Perthu to include a connecting stand attached to a conveying screw shaft driven by a motor as taught by Erez in order that the device have separate motion mechanisms for controlling the syringe in different manners (FIG. 6A).
Response to Arguments
Regarding claim 1, applicant argues on pages 6-8 of Applicant’s Remarks that “…only the moving clip moves relative to the moving stand during needle-length adjustment. Nothing in Perthu teaches or suggests independently moving only one syringe holding member while the other merely loosely supports the syringe cylinder.”. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., independent movement of the support clip and moving clip) are not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Examiner interprets the claim as establishing the manner in which the syringe is attached to the individual clips. However, nowhere in the claim does the applicant assert the independent movement of the support clip and moving clip. Further, it is stated in the applicant’s specification that “the moving clip 125 and the support clip 117 which are positioned at an upper side of the moving stand 116 are conveyed toward the skin together with the syringe cylinder 151” ([0042]). By directly stating that at a point of use of the device, the support clip and moving clip are conveyed together in one directly, it would not be incorrect to use that prior art of Perthu in which the clips move together, as the clips of Perthu are completing the same actions as the clips in the current application. Therefore, the use of Perthu stands in the non-final rejection.
Regarding claim 1, applicant argues on pages. 8-9 of Applicant’s Remarks that “Halaka differs fundamentally from the presently claimed invention.”. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, the particular problem of concern is the claimed four-layered cooling structure of the current application is fundamentally different than that four-layered structure taught by Halaka. The Examiner interprets Halaka as purely teaching structurally a four-layered structure having four guide holes through four different plates, equivalent to the claimed four-layered cooling structure. Further, Halaka does teach two of the plates being equivalent elements to that of the current application, those being the skin anesthetizing plate and the Peltier element. The Examiner did not interpret each layer of the structure of Halaka as having identical cooling elements to that of the current application, in which the examiner made note of in the first non-final rejection, and used other prior art to teach the gaps of Halaka. The purpose of using Halaka as prior art was to show that a four-layered structure with some cooling elements has been previously taught. Therefore, the use of Halaka stands in the non-final rejection.
Regarding claim 1, applicant argues on page 11 of Applicant’s Remarks that “Yoon merely discloses a manufacturing method for an electronic cooling device using heat pipes and heat transfer members for dissipating heat generated by electronic components. Yoon neither discloses nor suggests a local cryoanesthesia device having Applicant's cooperative heat dissipation structure, nor does Yoon disclose or suggest the syringe conveying and needle positioning mechanism recited in the present claims.”. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Further, in response to applicant's argument that Yoon is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, the examiner interprets Yoon as reasonably pertinent to the particular problem because the problem of concern relates to the removal or dissipation of heat outside a first heat dissipation plate. Yoon directly relates to the art of heat transfer by means of heat pipe. The examiner believes a person having ordinary skill in the art would consider the invention of Yoon when creating a device that discloses the removal of heat from a system by way of heat pipe. Therefore, the use of Yoon stands in the non-final rejection.
Regarding the amended claim 1 of the current set of claims, previously a part of cancelled claim 3, applicant argues on page 12 of Applicant’s Remarks that “Muldoon's adjustment knob merely actuates a cross-threaded control element to move a pair of mounting elements in opposite longitudinal directions for articulating a catheter. In contrast, Applicant employs a single controlling screw shaft, a single connecting piece, and a single moving clip for positioning the distal end of the syringe needle at a predetermined set point regardless of needle length.”. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case the particular problem of concern is the rotatable adjustment knob taught by Muldoon is inequivalent to the controlling handle of the current application. The examiner interprets the rotatable adjustment knob as fulfilling all the requirements claimed by the applicant. The rotatable adjustment knob connects to a rotating shaft with cross-cut threads ([0019], Fig. 1), which is equivalent to the structure of a screw shaft. Further, the rotatable adjustment knob exists outside the housing of the device (Fig. 4) so that an operator can have access to the knob, which is equivalent to the handle being exposed to the outside of the device body. Therefore, the use of Muldoon stands in the non-final rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Evelyn A Thoman whose telephone number is (571)272-8496. The examiner can normally be reached Monday-Friday 8:00 a.m-4:30 p.m..
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/EVELYN A THOMAN/Patent Examiner, Art Unit 3783
/THEODORE J STIGELL/ Primary Examiner, Art Unit 3783
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