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 .
Status of Claims
This action is in reply to the Amendments/Response filed on May 13, 2026. Claim(s) 1 and 15 have been amended. No additional claims have been added. No claims have been cancelled. Claims 1-20 are currently pending and have been examined.
Response to Amendments
The examiner fully acknowledges the amendments to claims 1 and 15 filed on May 13, 2026.
The applicant’s amendments to claims 1 and 15 are sufficient to overcome the respective 35 U.S.C. 102 rejections, which applied Ripanti (IT 102021000003716). The amendments to claim 1 are considered to overcome Ripanti as a base reference, as Ripanti fails to disclose the pump being in fluid communication with the channel, being located between the ink reservoir and outlet, and the pump is configured to be filled with ink from the channel.
Similarly, as claim 15 recites “drawing ink into the pump”, Ripanti also fails to disclose such. The pump is situated within the handle of the tattoo machine, and pushes ink from the reservoir towards the needle and cartridge, but does draw ink into itself.
However, see the new rejection set forth depending upon Yacowitz (US Patent No. 6065371).
Response to Arguments
The applicant’s arguments, see pages 5-7, filed May 13, 2026 have been fully considered.
102 Rejection: The examiner agrees that the amendments overcome the rejection set forth in the previous action. As amended, Ripanti fails to anticipate the claims as presented. However, see the new rejection set forth depending upon Yacowitz (US Patent No. 6065371).
Claim Objections
Claim 1 objected to because of the following informalities:
Claim 1: As antecedence for “a ink cartridge” has been established, claim 1 should read in part “- - an outlet positioned to provide ink to [[a]]the tattoo cartridge- - ”
Claim 7: As antecedence for “upper housing” has not been established, claim 7 should read in part “ - - wherein the pump is in [[the]]an upper portion of the housing - - ”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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 –
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 4, 7-10, 15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yacowitz (US Patent No. 6065371).
In regards to claim 1, Yacowitz discloses
a tattoo inking system (injection apparatus 10; col. 1 lines 6-7, for tattooing) comprising:
a housing (external structure of injection apparatus, see fig. 1 – ann. 1) having a proximal end and a distal end (see fig. 1 – ann. 1);
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an ink reservoir (liquid container 310, fig. 1) in the proximal end (see fig. 1 – ann. 1);
a tattoo cartridge (needle tube 110, fig. 1) mounted on the distal end (see fig. 1 – ann. 1);
a channel (conveying tube 301, fig. 1) providing fluid communication between the ink reservoir (liquid container 310, fig. 1) and
an outlet (connection portion 103b, fig. 1) positioned to provide ink to [[a]]the tattoo cartridge (needle tube 110, fig. 1); and
a pump (pump 306, fig. 1; col. 5 lines 11-16) in fluid communication with the channel (conveying tube 301, fig. 1),
wherein the pump (pump 306, fig. 1; col. 5 lines 11-16) is located along the channel (conveying tube 301, fig. 1) between the ink reservoir (liquid container 310, fig. 1) and the outlet (connection portion 103b, fig. 1), and the pump (pump 306, fig. 1; col. 5 lines 11-16; liquid flows through tube through pumping device) is configured to be filled with ink from the channel (conveying tube 301, fig. 1).
In regards to claim 2, Yacowitz discloses
the tattoo inking system of claim 1 wherein the pump (pump 306, fig. 1; col. 5 lines 11-16) is configured to draw ink from the ink reservoir (liquid container 310, fig. 1) and deposit the into the tattoo cartridge (needle tube 110, fig. 1).
In regards to claim 4, Yacowitz discloses
the tattoo inking system of claim 1 comprising a one-way valve (pinch valve 303, fig. 1) between the pump (pump 306, fig. 1; col. 5 lines 11-16) and the tattoo cartridge (needle tube 110, fig. 1).
In regards to claim 7, Yacowitz discloses
the tattoo inking system of claim 1 wherein the pump (pump 306, fig. 1; col. 5 lines 11-16) is in [[the]]an upper portion of the housing (see fig. 1 – ann. 2).
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In regards to claim 8, Yacowitz discloses
the tattoo inking system of claim 1 wherein a portion of the channel (conveying tube 301, fig. 1) between the pump (pump 306, fig. 1; col. 5 lines 11-16) and the tattoo cartridge (needle tube 110, fig. 1) comprises a flexible trunk (as shown within the figures and that it can be pinched in pinch areas 303e via pinch valve; col. 5 lines 20-26).
In regards to claim 9, Yacowitz discloses
the tattoo inking system of claim 8 wherein the flexible trunk is constructed and arranged to provide fluid communication through an orifice (opening in bent arm 103a, fig. 1; col. 3 line 15-16) in the tattoo cartridge (needle tube 110, fig. 1).
In regards to claim 10, Yacowitz discloses
the tattoo inking system of claim 1 wherein the tattoo cartridge (needle tube 110, fig. 1) is fixed to the housing and a portion (see fig. 1 – ann. 2) of the channel (conveying tube 301, fig. 1) from the pump (pump 306, fig. 1; col. 5 lines 11-16) to the tattoo cartridge (needle tube 110, fig. 1) is an annular passageway (as it is a tube, it is ring-shaped).
In regards to claim 15, Yacowitz discloses
a method of applying ink to a tattoo needle (tattoo needle tip 103d, fig. 1), the method comprising:
grasping a tattoo machine housing (col. 6 lines 4-6: the entire apparatus 10 is preferably hand held and can be moved along the skin surface);
activating a pump (pump 306, fig. 1; col. 5 lines 11-16) mounted on the housing (see fig. 1- ann. 1) to draw ink from a reservoir (liquid container 310, fig. 1) in the housing;
drawing ink into the pump (pump 306, fig. 1; col. 5 lines 11-16);
pumping (col. 5 lines 11-16) the ink into a tattoo cartridge (needle tube 110, fig. 1); and
contacting (by being drawn into the side arm 103 of the needle) the tattoo needle (tattoo needle tip 103d, fig. 1) with the ink (abstract: Preferably liquid flows from the first source of liquid to the first conveying tube then into the hollow first needle).
In regards to claim 16, Yacowitz discloses
the method of claim 15 wherein drawing the ink from the reservoir (liquid container 310, fig. 1) includes opening a one-way valve (pinch valve 303; col. 5 lines 33-42: The pinch valves 303 and 403 allow fluid to enter into the needle 101 or needle 201... An electrical switching device can be used to turn the pinch valves 303 and 403 on and off and can be connected to the drive mechanism…The pinch valves 303 and 403 are normally closed. When activated, they open and allow liquid to flow.).
In regards to claim 17, Yacowitz as modified discloses
the method of claim 16 wherein pushing the ink into the tattoo cartridge (needle tube 110, fig. 1) comprises closing the one-way valve (pinch valve 303) and opening a second one-way valve (pinch valve 404; col. 5 lines 33-42).
In regards to claim 18, Yacowitz discloses
the method of claim 15 comprising flowing the ink through a flexible tube (conveying tube 301, fig. 1) into an orifice (opening in bent arm 103a, fig. 1; col. 3 line 15-16) in the tattoo cartridge (needle tube 110, fig. 1).
In regards to claim 19, Yacowitz discloses
the method of claim 15 comprising flowing the ink into an annular cavity (side arm 103, fig. 1-3; tube shaped thus annular/ring shaped) defined by a wall of the tattoo cartridge (needle tube 110, fig. 1).
In regards to claim 20, Yacowitz discloses
the method of claim 15 further comprising reciprocating the tattoo needle (tattoo needle tip 103d, fig. 1) to deposit ink into a dermis of a human (col. 5 lines 33-36: The pinch valves 303 and 403 allow fluid to enter into the needle 101 or needle 201 only when the needles are in the down position i.e. the tips 103d and 203d are pointing towards the skin of the person).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 3, 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Yacowitz in view of Ripanti (IT 102021000003716).
In regards to claim 3, Yacowitz discloses
the tattoo inking system of claim 1, but fails to disclose further comprising “a one-way valve between” the ink reservoir (liquid container 310, fig. 1) and the pump (pump 306, fig. 1; col. 5 lines 11-16).
However, Ripanti, which discloses a tattoo machine, teaches a one way valve (delivery check valve 29A; [0058-0064]) between the reservoir and pump:
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Yacowitz and Ripanti are considered to be analogous to the claimed invention because they are in the same field of tattoo machines.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yacowitz and to incorporate the one way walve of Ripanti in order to better control the ink flow between the pump and reservoir and pump and maintain proper pressure ([0058-0064]) and ensure proper delivery of ink to the skin during operation.
In regards to claim 11, Yacowitz discloses
the tattoo inking system of claim 1, but fails to disclose the pump (pump 306, fig. 1; col. 5 lines 11-16) comprises a compressible bulb.
However, Ripanti (see fig. 15) provides an embodiment of the pump, which has an elastic bladder, shaped as a bulb and exhibiting the capacity for being compressed:
[0059] In the simplified embodiment of the pump 21 shown in FIG. 15, the same end is achieved by actuating the trigger 22, which moves the spherical head appendage 23B inside the cylinder 24B to occlude the hole 26B of the elastic bladder 24C and to compress it against the elasticity thereof to forcibly eject the air contained within the delivery ducts 28E and 30, opened—due to pressure difference—by the delivery check valve 29B;
[0060] upon release, the trigger 22 is pushed back by the elasticity of the tab 25B, releasing the fork 26B of the bladder 24C which, by its own elasticity, expands again, drawing air through the fork 26B itself thus opened for a new cycle of the pump 21.
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It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the pump of Yacowitz by a simple substitution, replacing the plunger pump with the elastic bladder (24C), to produce the predictable result of creating the pressure differential necessary to enable the movement of air and ink through the system.
In regards to claim 14, Yacowitz as modified discloses
the tattoo inking system of claim 1, but fails to disclose the housing is cylindrical.
Ripanti teaches cylindrical housing:
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Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yacowitz and change the shape of the housing to cylindrical, pursuant of MPEP 2144.04.IV.B, as the shape configuration of the housing would be a matter of choice of which a person of ordinary skill in the art would have found obvious given there is no particular evidence that the housing configuration of the claimed housing was significant.
Claim(s) 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Yacowitz in view of Bodduluri et al. (US PG Pub No. 20080167674).
In regards to claim 5, Yacowitz discloses
the tattoo inking system of claim 1, but fails to explicitly disclose the pump (pump 306, fig. 1; col. 5 lines 11-16) is mounted on an upper surface of the housing.
However Bodduluri, which discloses a tattoo machine, teaches a pump mounted on an upper surface of the tattoo machine housing:
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[0080] In particular the reservoir 48 is fluidly coupled to an inlet 49 of a pump 50, which is preferably fixed to the delivery tool plate 42 for stability. The reservoir 48 is preferably readily detachable from thepump inlet 49 for easy refill or replacement. An outlet 52 of the pump 50 passes through a flow meter 54.
Yacowitz and Bodduluri are considered to be analogous to the claimed invention because they are in the same field of tattoo machines.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yacowitz and mount the pump on an upper surface of Bodduluri, pursuant of MPEP 2144.04.VI.C, as a rearrangement of parts in this instance would not have modified the operation of the device.
In regards to claim 6, Yacowitz as modified discloses
the tattoo inking system of claim 5 wherein a portion of the channel (conveying tube 301, fig. 1) leading from the ink reservoir (liquid container 310, fig. 1) is on a lower side of the ink reservoir opposite the upper surface of the housing (see fig. 1 – ann. 3).
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Allowable Subject Matter
Claims 12-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In regards to claim 12, Yacowitz as modified discloses
the tattoo inking system of claim 3, but fails to disclose that the one-way valve between the ink reservoir (liquid container 310, fig. 1) and the pump (pump 306, fig. 1; col. 5 lines 11-16) comprises a “flexible polymer.”
The one-way valve taught by Ripanti fails to disclose a material. However, it is the judgement of the examiner that to then further modify the valve taught by Ripanti with a teaching to make the valve a “flexible polymer” would be impermissible hindsight reconstruction of the applicant's invention by modifying a teaching reference.
As claim 13 depends upon claim 12, it is similarly considered allowable.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON KHALIL HAWKINS whose telephone number is (571)272-5446. The examiner can normally be reached M-F; 8-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON KHALIL HAWKINS/Examiner, Art Unit 3723
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