DETAILED ACTION
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 19 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.
“the light emitter corresponds to an illuminating device.” It is unclear what is meant by this limitation (the word “corresponds” has unclear meaning, and it is unclear how an “illuminating device” is different from a “light emitter.”).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grosjean [US 20080089067 A1].
Re. claim 16, Grosjean discloses a tattoo device comprising: a machine section comprising a working end and a power receiving end on a side other than the working end [Annotated Fig. 2], wherein the working end is configured to receive a needle cartridge [12] that facilitates tattooing a working surface [Par. 0015];
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a power adapter [Annotated Fig. 2] configured to couple to the power receiving end of the machine section [Fig. 2], wherein the power adapter comprises a connector configured to couple to a complementary connector of a power cable [42] [Par. 0025]; and
an arm member [18, Figs. 1-2] that comprises:
a light emitter [light source 16] positioned at a distal end of the arm member [Fig 1];
a first connector [44] configured to be removably coupled to the connector of the power adapter [Par. 0025]; and
a second connector [46] that is configured to be removably coupled to the complementary connector of the power cable [Par. 0025].
Re. claim 17. Grosjean discloses the tattoo device according to claim 16, wherein the arm member is configured to communicate power received via the complementary connector of the power cable or of the power pack to the connector of the power adapter [Par. 0025].
Re. claim 18. Grosjean discloses the arm member is configured so that light emitted from the light emitter is directed to the working surface [Par. 0003].
Re. claim 19, as best understood, Grosjean discloses the light emitter corresponds to an illuminating device that is configured to receive power via the power cable or the power pack [Pars. 0003, 0025].
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(s) 1-2,6,9,14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johansson [US 2017/0021154 A1] in view of Grosjean.
Re. claim 1, Johansson discloses a tattoo device [12a, Fig. 1/12, Figs. 4a-b] comprising:
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a machine section comprising a working end and a power receiving end on a side other than the working end [Annotated Fig. 4a], wherein the working end is configured to receive a needle or needle cartridge [70, 68, and 74, Fig. 4b] that facilitates tattooing a working surface [Par. 0039];
a power pack [power supply 14] configured to couple to the power receiving end of the machine section [Fig. 4b], wherein the power pack comprises:
a first section comprising a power interface [44] configured to couple to the power receiving end of the machine section [Par. 0036]; and
a second section [containing battery 46, See Fig. 4b] having a longitudinal axis that is parallel with and offset from a longitudinal axis of the first section and that extends along at least a portion of the machine section in a direction towards the working end [Annotated Figs. 4a/b below].
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Johansson fails to teach a light emitter coupled to the second section.
However, Grosjean teaches, in a tattoo device, a light emitter [16, Fig. 2] coupled to a power receiving end of the device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Johansson to add a light emitter as taught by Grosjean in order to provide a light source to illuminate a work area [Grosjean Par. 0003] and which is powered by the same power supply as the rest of the tattoo device [Grosjean Par. 0004]. Regarding the light emitter being coupled to a second section, because the second section of Johansson is that containing the battery, in order to power the light from the tattoo device power source as taught by Grosjean, one of ordinary skill would reasonably be apprised of the benefits of coupling the light emitter to the second section as claimed.
Re. claim 2, Grosjean further teaches an arm member [18] coupled to the device, wherein the light emitter is positioned at a distal end of the arm member [Fig. 1], and wherein the distal end of the arm member is configured to direct light emanating from the light emitter at a working surface [Fig. 1, Par. 0003]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Johansson to add a light emitter as taught by Grosjean in order to provide an arm to which the light source is attached, to light an area to be tattooed [Grosjean Par. 0008], “such light being able to be easily adjusted so as to provide optimal light to an area being tattooed” [Grosjean Par. 0009] Regarding the arm member being coupled to a second section, because the second section of Johansson is that containing the battery, and the light emitter is on the arm member, in order to power the light from the tattoo device power source as taught by Grosjean, one of ordinary skill would reasonably be apprised of the benefits of coupling the arm member to the second section as claimed.
Re. claim 6, Grosjean further teaches an articulating member [articulatable arm 18, see Figs. 1-2] coupled to the device, wherein the light emitter is positioned at a distal end of the articulating member [Fig. 1], and wherein the distal end of the articulating member is configured to direct light emanating from the light emitter at a working surface [Fig. 1, Par. 0003]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Johansson to add a light emitter as taught by Grosjean in order to provide an articulating member to which the light source is attached, to light an area to be tattooed [Grosjean Par. 0008], “such light being able to be easily adjusted so as to provide optimal light to an area being tattooed” [Grosjean Par. 0009] Regarding the articulating member being coupled to a second section, because the second section of Johansson is that containing the battery, and the light emitter is on the articulating member, in order to power the light from the tattoo device power source as taught by Grosjean, one of ordinary skill would reasonably be apprised of the benefits of coupling the articulating member to the second section as claimed.
Re. claim 9. Johansson discloses the machine section comprises a gripping region that extends from a middle region of the machine section towards the working end of the machine section [Annotated Fig. 1], wherein the second section of the power pack extends up to about the middle region [Annotated Fig. 1] (“so as not to frustrate gripping of the machine section by a user” is the intended use/result, not given further patentable weight).
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Annotated Fig. 1
Re. claim 14, Johansson discloses the power pack is configured to be releasably coupled to the power receiving end of the machine section [see Figs. 1-2, Par. 0038].
Re. claim 15, Grosjean further teaches the arm member is removably coupled to the power supply [Par. 0004]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modfieid Johansson such that the arm member is removably coupled to the power supply as taught by Grosjean in order to allow the light source to be removed if it is not needed or to conserve battery power or make the device smaller/lighter. Re. the power supply being the battery pack, this is taught by the combined Johansson-Grosjean as set forth above.
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johansson in view of Grosjean, as applied to claim 2 above, and further in view of Wolf [DE 198 18 940 A1].
Re. claims 3-5, the modified Johansson teaches the apparatus as set forth above but fails to teach the arm member being rotatably and/or slidably coupled to the second section. However, Wolf teaches, in a lighting system for a tattoo device, having an arm member, the arm ember is slidably coupled [by clamp 3, Fig. 1; see claim 1] to a second section (to facilitate sliding…” is the intended use/result of the slidable coupling), and wherein the arm member is rotatably coupled [by claim 3, Fig. 1; see claim 1] to an end of the second section (“to facilitate rotation…” is the intended use, not given further patentable weight). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Johnasson to form the arm member to be both slidably and rotatably coupled to the second section in order to allow further adjustment of the illumination on the work surface.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johansson in view of Grosjean, as applied to claim 6, and further in view of Collias et al. [US 10226611 B1, hereinafter “Collias”].
Re. claim 7, the modified Johansson discloses the apparatus set forth above. As set forth above, Grosjean teaches the articulating member comprises an articulating housing, [18, Figs. 1-2] and a light source [16] but fails to teach the light pipe. However, Collias teaches, in a tattoo device having a light, an arm comprising a light pipe within an articulating housing [180, Fig. 1, Col. 4 lines 19-20], wherein the light pipe is configured to communicate light that is emitted from a light source within the power pack to the light emitter [Col. 4 lines 20-30]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the arm to have within the housing a light pipe to transmit light emitted from a light source within the power pack as taught by Collias because “providing light to the grip light 102 via a light pipe 180 reduces the manufacturing complexity, weight, and costs of the grip light 102,” [Collias Col. 7 lines 6-8].
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johansson in view of Grosjean, as applied to claim 6, and further in view of Nath et al. [US 2005/0254237, hereinafter “Nath”]
Re. claim 8, the modified Johansson discloses the apparatus set forth above but fails to teach a telescoping arm. However, Nath teaches, in an illuminating device, a telescoping arm [14, Fig. 1, Par. 0025] coupled to the second section, wherein the light emitter is positioned at a distal end of the telescoping arm [Fig. 1]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Johansson to add a telescoping arm for the purpose of supporting and fixing the light bean in a desired direction [Nath Par. 0025]
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johansson in view of Grosjean, as applied to claim 2, and further in view of Smith [US 2018/0177992 A1].
Re. claim 10, the modified Johansson discloses the apparatus set forth above but fails to teach an imager. However, Smith teaches, in a tattoo device with an arm member [4], the distal end of the arm member comprises an imager [camera 6] that facilitates capture of one or more images or video of the working surface [Par. 0003]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Johansson by adding an imager to the arm member, as taught by Smith, in order to record the tattoo process, which improves collaboration and comfort level during the tattooing process [Smith Par. 0005].
Re claim 11. Johansson discloses the power pack comprises a transceiver configured to communicate to a receiving device [Par. 0032. Note that the controller having a transceiver for communicating with the power supply means the power supply must inherently also have a transceiver]. Re. the transceiver configured to communicate the one or more images, given the above modification, it would have been obvious to have the transceiver of Johansson communicate the images captured by the camera taught by Smith in order to allow those images to be viewed by a user or client as intended.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johansson in view of Grosjean and Smith, as applied to claim 10, and further in view of Chan et al. [US 20140324089 A1, hereinafter “Chan.”].
Re. claim 12, the modified Johansson discloses the apparatus set forth above but fails to teach the removable data storage device. However, Chan teaches, in a tattoo device, a power pack is configured to receive a removable data storage device [Figs. 2A and 2C and Par. 0032]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Johansson to include a removable data storage device as taught by Chan in order to store data on the machine. Regarding the device configured to store the one or more images, It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus above to allow this in order for the device to preserve the images collected.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johansson [US 2017/0021154 A1] in view of Grosjean.
Re. claim 13, the modified Johansson discloses the apparatus set forth above but fails to teach the microphone. However, Xiao teaches a tattoo device further comprising a microphone configured to capture audio content [Par. 0045]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Johansson to add a microphone in order to allow a user to use voice commands to operate the device [[Xiao Par. 0012]
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grosjean in view of Collias.
Re. claim 20, Grosjean discloses the apparatus set forth above but fails to teach a coupler and a light pipe. However, Collias teaches, in a tattoo device having a light, an arm member comprising a coupler at a proximate end wherein the coupler comprises an illuminating device, and wherein a light pipe positioned within the arm member is configured to communicate light emitted by the illuminating device to the light emitter [180, Fig. 1, Col. 4 lines 19-30] It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the arm member to comprise a coupler at a proximate end wherein the coupler comprises an illuminating device, and wherein a light pipe positioned within the arm member is configured to communicate light emitted by the illuminating device to the light emitter as taught by Collias because “providing light to the grip light 102 via a light pipe 180 reduces the manufacturing complexity, weight, and costs of the grip light 102,” [Collias Col. 7 lines 6-8].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN MCGRATH whose telephone number is (571)270-0674. The examiner can normally be reached M-F 9 am to 5 pm ET.
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/ERIN MCGRATH/ Primary Examiner, Art Unit 3771