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/Restriction
Applicant’s election without traverse of Group I in the reply filed on 10/30/25 is acknowledged.
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bonny et al. [US 2018/0200014 A1, hereinafter “Bonny”].
Re claim 1, Bonny discloses a disposable barrier [drape 22, together with rings 24 and 28; see Figs. 2-3] for use with a grip [this is the intended use of the barrier. The barrier of Bonny may be used with a grip], comprising:
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a securing portion [24] configured to secure the disposable barrier to a portion of the grip [Fig 1, Par. 0031: “After the second ring 24 is at the base 16 of the robotic system 10, the second ring 24 may be attached to a base drape 26 to create a base seal.”]; and
a barrier bag portion [22] attached to the securing portion,
wherein the barrier bag portion is configured to extend away from the securing portion to cover a portion of the grip, a tattoo machine secured to the grip, or a combination thereof [Fig. 1. Note that the tattoo machine is not a positively recited part of the invention. A machine is covered, and thus a tattoo machine is capable of being covered], when the disposable barrier is in an open configuration [Fig. 1], and wherein the barrier bag portion is configured to collapse towards the securing portion when the disposable barrier is a closed configuration [Fig. 3, Par. 0030].
Re claim 2, Bonny discloses the securing portion of the disposable barrier is configured to prevent ink back flow from a cartridge needle attached to the grip from entering the tattoo machine [the securing portion is configured to prevent “contaminants” from infiltrating the robot, Par. 0004. The securing portion, when used with a tattoo machine, would prevent ink back flow from a needle from entering the tattoo machine. Because the machine itself is not a positively recited part of the invention, specifics of the machine, needle, and grip do not lend patentable distinction].
Re claim 3, Bonny discloses the securing portion comprises a ring configured to secure to
Re claim 4, Bonny discloses the securing portion is configured to be
Re. claim 5, the grip is not a positively recited part of the claimed invention (the barrier). Thus, the structure of the grip does not lend patentable distinction. The invention of Bonny is capable of use with such a grip.
Re claim 6, Bonny discloses the barrier bag portion comprises a seal [hermetic seal provided in ring 28, Par. 0029] positioned proximate to a first end of the barrier bag portion located opposite to a second end of the barrier bag portion attached to the securing portion of the disposable barrier [Fig. 1].
Re claim 7, Bonny discloses the seal is configured to be sealed by a user of the disposable barrier [Par. 0029 describes the seal and Par. 0031 describes how the barrier is applied by a user. The barrier seal is also capable of being applied by a user.] to facilitate reduction of contamination of a tattoo machine covered by the disposable barrier [this is the intended result of the seal, and not given further patentable weight; however, the seal of Bonny is capable of such use].
Re claim 8, Bonny discloses the disposable barrier is configured to spin around independently of the grip [Par. 0030], thereby enabling the grip to adjust freely while the disposable barrier is protecting the tattoo machine [this is the intended use of the barrier. The barrier of Bonny is capable of such use].
Re claim 9, Bonny discloses the disposable barrier comprises silicone, plastic, elastic material, or a combination thereof [plastic, Par. 0025].
Claim(s) 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adair [US Pat. 5433221].
Re. claim 19, Adair discloses a grip [Annotated Fig. 7], comprising:
a portion [Annotated Fig. 7] configured to secure to a securing portion [16] of a disposable barrier [10],
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wherein the disposable barrier includes a barrier bag portion [12] attached to the securing portion of the disposable barrier [Figs. 1A-B],
wherein the barrier bag portion is configured to extend away from the securing portion to cover a portion of the grip [Fig. 7]
wherein the barrier bag portion is configured to collapse towards the securing portion to uncover the portion of the grip, the tattoo machine secured to the grip, or a combination thereof [Col. 4 line 56-Col. 5 line 2]; and
wherein the barrier bag is arranged with the securing portion such that the grip rotates independently of the barrier bag [see Figs. 6-7. The grip is capable of rotating independently of the barrier bag, because the barrier bag is readily rotated while the grip remains stationary].
Re. claim 20, Adair discloses the grip further comprises a groove extending around a portion of the grip and configured to receive the securing portion of the disposable barrier [see Fig. 8, groove in CC].
Re. claim 21, Adair the grip further comprises a receptable [in CC, annotated Fig. 9] for receiving [“a needle cartridge of the tattoo machine”: this is not a positively recited part of the invention. The grip receptacle receives a member and is thus capable of receiving a needle cartridge] and a different receptacle [for securing the grip to the tattoo machine is the intended use of the different receptacle, of which Adair’s device is capable].
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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) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonny in view of Özkarsli [US 2017/0196645 A1, hereafter “Ozkarsli”].
Re. claim 10, Bonny teaches the apparatus set forth above but is silent regarding the groove. However, Ozkarsli teaches the barrier bag portion [25, Figs. 4a-b] is configured to reside within a groove of the securing portion when the barrier bag portion is collapsed completely towards the securing portion [Fig. 4b]. 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 Bonny by configuring the securing portion to have a groove as taught by Ozkarsli in order to protect and hold the barrier bag.
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Re. claim 11, Bonny teaches the apparatus set forth above but is silent regarding the annular space. 11. The disposable barrier of claim 1, wherein the securing portion comprises an annular space [Fig. 4b] within which the barrier bag portion is configured to collapse when the disposable barrier is in a closed configuration [Fig. 4b]. 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 Bonny by configuring the securing portion to have an annular space as taught by Ozkarsli in order to protect and hold the barrier bag.
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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