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 .
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 –
(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) 1-10, 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ripanti (IT 102021000003716).
In regards to claim 1, Ripanti discloses
a tattoo inking system comprising:
a housing (handle 2A, fig. 1-8, 13-15) having a proximal end and a distal end (see fig. 1 – ann. 1);
an ink reservoir (tubular cartridges 14, fig. 1-8, 13-15) in the proximal end (see fig. 1 – ann. 1);
a tattoo cartridge (funnel 9, fig. 1-8, 13-15) mounted on the distal end (see fig. 1 – ann. 1);
a channel (deformable needle 16, fig. 1-8, 13-15) providing fluid communication between the ink reservoir (tubular cartridges 14, fig. 1-8, 13-15) and
an outlet (see fig. 1 – ann. 1) positioned to provide ink to a tattoo cartridge (funnel 9, fig. 1-8, 13-15); and
a pump (pneumatic pump 20, fig. 1-8, 13-15) in communication with the channel (deformable needle 16, fig. 1-8, 13-15).
[0016] These and other objects are all achieved by the tattoo machine ink dispenser reservoir structure, according to the present invention, which comprises: a handle in which at least two seats are made to house and retain at least two ink cartridges each being provided with occluding means pierced or suitable to be pierced for the introduction of air in use; a skin needle connected with the handle; connecting means to connect the at least two ink cartridges with the skin needle, wherein the connecting means comprises at least two nozzles; and a pneumatic pump, wherein the at least two ink cartridges are controlled by bt said pneumatic pump by means of pneumatic delivery ducts, branch ducts and means for the selecting/diverting the compressed air flow, wherein said means are operatively connected between the pneumatic delivery ducts and branch ducts, wherein the pneumatic delivery ducts are provided with check valves.
[0045] FIGS. 9 and 10 show a second embodiment 1B of the tattoo machine ink dispenser reservoir structure according to the present invention, wherein departing from the pump 21 are two delivery ducts 28B and 28C which are respectively split into a pair 30 with two rotary pin selectors 31B and 31C, with respective juxtaposed radial actuating sliders 33, and each reciprocatingly supply, through branching ducts 35, two shutters 18 and relative tubular cartridges or syringes 14.
[0064] The flow, or rate, of pressurised air thus directed reaches the pre-selected cartridge 14 by means of the angular connection 36 of the respective shutter 18 and relative external protrusion 37, for example the needle 37A which pierced the membrane of the hollow rubber 17 during the functional positioning of the cartridge 14, and it creates a pressure—within the cartridge 14—which forces a drop of ink to flow out through the needle 16 and drop back into the funnel 9 of the tip 8 up to the skin needle 7 to actuate the desired colouring of the drawing being carried out.
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In regards to claim 2, Ripanti discloses
the tattoo inking system of claim 1 wherein the pump (pneumatic pump 20, fig. 1-8, 13-15) is configured to draw ink from the ink reservoir (tubular cartridges 14, fig. 1-8, 13-15) and deposit the into the tattoo cartridge (funnel 9, fig. 1-8, 13-15).
[0055] Housed inside the cylinder 24A together with the counter spring 25A, the plunger 23A is therefore moved in an active stroke in which the plunger 23A is pushed into the cylinder 24A to compress the spring 25A; while releasing the trigger 22 actuates a passive stroke in which the plunger 23A is pashed backwards; these two strokes of the plunger 23A inside and outside the cylinder 24A, represent the entire cycle of the pump 21:
[0056] during the active stroke, the plunger 23A constricts the volume of the cylinder 24A, forcing the air out of the pump 21 into the delivery ducts 28A and 30, which are opened—due to the pressure difference—by the delivery check valve 29A, whereas the suction check valve 27 is closed by the pressure difference on the contrary;
[0057] conversely, in the passive stroke when the trigger 22 is released, the spring 25A which pushes the plunger 23A backwards expands the volume of the cylinder 24A, suctioning air from the outside through the suction duct 26A, which is opened
[0058] due to pressure difference—by the suction check valve 27, while the delivery check valve 29A is closed by the pressure difference.
[0061] The pressurised air flows thus introduced into the primary delivery ducts 28 and 30 can be managed by the tattoo artist, directing them reciprocatingly toward the cartridge 14 containing the ink to be duly used.
[0064] The flow, or rate, of pressurised air thus directed reaches the pre-selected cartridge 14 by means of the angular connection 36 of the respective shutter 18 and relative external protrusion 37, for example the needle 37A which pierced the membrane of the hollow rubber 17 during the functional positioning of the cartridge 14, and it creates a pressure—within the cartridge 14—which forces a drop of ink to flow out through the needle 16 and drop back into the funnel 9 of the tip 8 up to the skin needle 7 to actuate the desired colouring of the drawing being carried out.
In regards to claim 3, Ripanti discloses
the tattoo inking system of claim 1 comprising a one-way valve (delivery check valve 29A, fig. 1A) between (see fig. 1/1a – ann. 1) the ink reservoir (tubular cartridges 14, fig. 1-8, 13-15) and the pump (pneumatic pump 20, fig. 1-8, 13-15).
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In regards to claim 4, Ripanti discloses
the tattoo inking system of claim 1 comprising a one-way valve (delivery check valve 29A, fig. 1A) between (see fig. 1/1a – ann. 1) the pump (pneumatic pump 20, fig. 1-8, 13-15) and the tattoo cartridge (funnel 9, fig. 1-8, 13-15).
In regards to claim 5, Ripanti discloses
the tattoo inking system of claim 1 wherein the pump (pneumatic pump 20, fig. 1-8, 13-15) is mounted on an upper surface of the housing (handle 2A, fig. 1-8, 13-15).
Examiner’s Note:
“Upper” is a relative term that depends upon the orientation of the tool. Considering that tattoo artists often have to change position and orientation dependent upon the work being performed, a skilled artisan would recognize that as the pump of Ripanti is positioned on an outer surface of the tattoo machine, it will at times be “upper” relative to the relative to the rest of the tool, and at times lower relative to the rest of the tool.
In regards to claim 6, Ripanti discloses
the tattoo inking system of claim 5 wherein a portion of the channel (deformable needle 16, fig. 1-8, 13-15) leading from the ink reservoir (tubular cartridges 14, fig. 1-8, 13-15) is on a lower side of the ink reservoir opposite (channel is on the opposite side of the pump, see fig. 1) the upper surface of the housing (handle 2A, fig. 1-8, 13-15).
Examiner’s Note:
“Lower” is a relative term that depends upon the orientation of the tool. Considering that tattoo artists often have to change position and orientation dependent upon the work being performed, a skilled artisan would recognize that as the channel of Ripanti is positioned on an outer portion relative to the center of the tattoo machine, it will at times be “upper” relative to the relative to the rest of the tool, and at times lower relative to the rest of the tool.
In regards to claim 7, Ripanti discloses
the tattoo inking system of claim 1 wherein the pump (pneumatic pump 20, fig. 1-8, 13-15) is in the upper portion (see examiner’s note pertaining to claim 5) of the housing (handle 2A, fig. 1-8, 13-15).
In regards to claim 8, Ripanti discloses
the tattoo inking system of claim 1 wherein a portion of the channel (deformable needle 16, fig. 1-8, 13-15) between the pump (pneumatic pump 20, fig. 1-8, 13-15) and the tattoo cartridge (funnel 9, fig. 1-8, 13-15) comprises a flexible trunk (needle is described as deformable and bent, thus flexible; [0033]).
[0033] The tubular cartridges 14 are distally provided with respective nozzles 15, retained within the tip stop element 11 of the cradles 10, at whose top part there depart deformable needles 16, suitable to be and remain bent to converge inside the funnel 9 of the tip 8 from which the skin needle 7 protrudes.
In regards to claim 9, Ripanti discloses
the tattoo inking system of claim 8 wherein the flexible trunk ([0033]) is constructed and arranged to provide fluid communication ([0033]) through an orifice (see fig. 1) in the tattoo cartridge (funnel 9, fig. 1-8, 13-15).
In regards to claim 10, Ripanti discloses
the tattoo inking system of claim 1 wherein the tattoo cartridge (funnel 9, fig. 1-8, 13-15) is fixed to the housing (handle 2A, fig. 1-8, 13-15) and
a portion of the channel (deformable needle 16, fig. 1-8, 13-15) from the pump (pneumatic pump 20, fig. 1-8, 13-15) to the tattoo cartridge (funnel 9, fig. 1-8, 13-15) is an annular passageway (a cross section of needle is annular in that it’s a cylinder, therein a ring-like structure).
In regards to claim 14, Ripanti discloses
the tattoo inking system of claim 1 wherein the housing is cylindrical (see fig. 2).
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In regards to claim 15, Ripanti discloses
a method of applying ink to a tattoo needle, the method comprising:
grasping a tattoo machine housing;
[0053] At this point the cylindrical handle 2 is ready to be gripped by the tattoo artist between thumb, forefinger and possibly medium finger like a usual tattoo machine handle, but with the appendix 20 projecting under the palm of the hand and the relative trigger 22 actuatable by the other fingers.
activating a pump (pneumatic pump 20, fig. 1-8, 13-15) mounted on the housing to draw ink from a reservoir in the housing;
[0055] Housed inside the cylinder 24A together with the counter spring 25A, the plunger 23A is therefore moved in an active stroke in which the plunger 23A is pushed into the cylinder 24A to compress the spring 25A; while releasing the trigger 22 actuates a passive stroke in which the plunger 23A is pashed backwards; these two strokes of the plunger 23A inside and outside the cylinder 24A, represent the entire cycle of the pump 21:
[0056] during the active stroke, the plunger 23A constricts the volume of the cylinder 24A, forcing the air out of the pump 21 into the delivery ducts 28A and 30, which are opened—due to the pressure difference—by the delivery check valve 29A, whereas the suction check valve 27 is closed by the pressure difference on the contrary;
[0057] conversely, in the passive stroke when the trigger 22 is released, the spring 25A which pushes the plunger 23A backwards expands the volume of the cylinder 24A, suctioning air from the outside through the suction duct 26A, which is opened
[0058] due to pressure difference—by the suction check valve 27, while the delivery check valve 29A is closed by the pressure difference.
[0061] The pressurised air flows thus introduced into the primary delivery ducts 28 and 30 can be managed by the tattoo artist, directing them reciprocatingly toward the cartridge 14 containing the ink to be duly used.
[0064] The flow, or rate, of pressurised air thus directed reaches the pre-selected cartridge 14 by means of the angular connection 36 of the respective shutter 18 and relative external protrusion 37, for example the needle 37A which pierced the membrane of the hollow rubber 17 during the functional positioning of the cartridge 14, and it creates a pressure—within the cartridge 14—which forces a drop of ink to flow out through the needle 16 and drop back into the funnel 9 of the tip 8 up to the skin needle 7 to actuate the desired colouring of the drawing being carried out.
pumping the ink into a tattoo cartridge (funnel 9, fig. 1-8, 13-15); and
contacting the tattoo needle with the ink.
[0006] In any case, in their alternating motion the needles fixed to the machine, irrespective of the type, penetrate into the skin leaving the pigments in the dermis, in the layer beneath the epidermis and not subject to continuous tissue replacement, which could cause the deterioration of the tattoo within a short period of time.
In regards to claim 16, Ripanti discloses
the method of claim 15 wherein drawing the ink from the reservoir includes opening ([0058]) a one-way valve (delivery check valve 29A, fig. 1A).
In regards to claim 17, Ripanti discloses
the method of claim 16 wherein pushing the ink into the tattoo cartridge (funnel 9, fig. 1-8, 13-15) comprises closing the one-way valve (delivery check valve 29A, fig. 1A) and opening (prevents back flow, so it opens to allow flow, but closes to prevent backflow; [0065]) a second one-way valve (delivery check valve 29C, fig. 1).
[0065] The backflow of the ink once the pressure on the duct—where it tends to occur—ceases is inhibited by the anti-backflow valve 29C of the shutters 18 which prevents the ink from returning to the duct should it not already find sufficient resistance against backflow.
In regards to claim 18, Ripanti discloses
the method of claim 15 comprising flowing the ink through a flexible tube (deformable needle 16, fig. 1-8, 13-15) into an orifice in the tattoo cartridge (funnel 9, fig. 1-8, 13-15).
[0064] The flow, or rate, of pressurised air thus directed reaches the pre-selected cartridge 14 by means of the angular connection 36 of the respective shutter 18 and relative external protrusion 37, for example the needle 37A which pierced the membrane of the hollow rubber 17 during the functional positioning of the cartridge 14, and it creates a pressure—within the cartridge 14—which forces a drop of ink to flow out through the needle 16 and drop back into the funnel 9 of the tip 8 up to the skin needle 7 to actuate the desired colouring of the drawing being carried out.
In regards to claim 19, Ripanti discloses
the method of claim 15 comprising flowing the ink into an annular cavity (funnel is a taper cylinder, therefore has an annular/ring like cross section) defined by a wall (structure) of the tattoo cartridge (funnel 9, fig. 1-8, 13-15).
In regards to claim 20, Ripanti discloses
the method of claim 15 further comprising reciprocating the tattoo needle to deposit ink into a dermis of a human.
[0006] In any case, in their alternating motion the needles fixed to the machine, irrespective of the type, penetrate into the skin leaving the pigments in the dermis, in the layer beneath the epidermis and not subject to continuous tissue replacement, which could cause the deterioration of the tattoo within a short period of time.
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ripanti.
In regards to claim 11, the tattoo inking system of claim 1, but fails to disclose explicitly that the pump (pneumatic pump 20, fig. 1-8, 13-15) comprises “a compressible bulb.”
However, an alternate embodiment of Ripanti (see fig. 15) provides an alternate 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 Riptani by a simple substitution, replacing the plunger (23A) 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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ripanti in view of Ma et al. (US PG Pub No. 20150202422).
In regards to claim 12, Riptani discloses
the tattoo inking system of claim 3, but fails to explicitly disclose that the one-way valve (delivery check valve 29A, fig. 1A) between the ink reservoir (tubular cartridges 14, fig. 1-8, 13-15) and the pump (pneumatic pump 20, fig. 1-8, 13-15) comprises “a flexible polymer.”
Ma teaches using a flexible polymer in a valve.
[0030] Device 10 generally comprises a ported catheter adapter 20 having a proximal end 22, a distal end 24 and a lumen 26 extending therebetween. In some instances, catheter adapter 20 further comprises a side port 30 forming a pathway through a sidewall of catheter adapter 20 and in communication with lumen 26. A valve 40 (shown in FIGS. 2-7) is placed within lumen 26 so as to provide a defeatable barrier between side port 30 and lumen 26. Valve 40 generally comprises a resilient, flexible material that is easily deformed when fluid is introduced to port 30 via a syringe or other compatible device. For example, in some instances valve 40 comprises silicone, polyisoprene, or a similar polymer material. Upon deformation of valve 40, fluid from the syringe is permitted to bypass the deformed valve and flow into lumen 26. As the fluid pressure decreases, the resilient nature of the valve's material causes valve 40 to restore its original shape, thereby once again blocking the fluid pathway.
Riptani is considered to be analogous to the claimed invention because they are in the same field of endeavor, tattoo machines. Ma is analogous to the claimed invention as it deals with the problem of providing an effective means of blocking flow through the form of a valve.
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 provided Riptani with a valve made of a flexible polymer as taught by Ma, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (see MPEP 2144.07).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ripanti in view of.
In regards to claim 13, Riptani discloses
the tattoo inking system of claim 12, but fails to explicitly disclose that the one-way valve (delivery check valve 29A, fig. 1A) between the ink reservoir (tubular cartridges 14, fig. 1-8, 13-15) and the pump (pneumatic pump 20, fig. 1-8, 13-15) comprises “an annular gasket.”
Appling teaches providing an annular gasket for the purposes of preventing backflow:
[0047] The sheath hub 2 typically includes a hemostasis valve as shown in FIGS. 1 and 5. The hub 2 includes a valve gasket 11 that provides a leak-proof seal to prevent the backflow of blood out of the sheath hub 2 opening while simultaneously allowing the introduction of fibers, guidewires and other interventional devices into the sheath 1. The valve gasket 11 is made of elastomeric material, as is commonly found in the art. The gasket 11 opens to receive the optical fiber (not shown) and then seals around the fiber. However, the valve gasket 11 does not open in response to pressure from the distal side in order to prevent the back-flow of blood or other fluids. The gasket 11 also prevents air from entering the sheath through the hub 2. The hub 2 also includes a standard luer threaded proximal end 15 for a threaded connection to a dilator hub 19 or other interventional devices. Although luer threaded hubs are normally used in the medical device industry, any mating connection for connecting two medical components together may be used.
Though not using the words “annular” as the hub is cylindrical, and the gasket surrounds/seals around the fiber it’s providing the seal for, a skilled artisan would recognize it would have an annular shape.
Riptani is considered to be analogous to the claimed invention because they are in the same field of endeavor, tattoo machines. Appling is analogous to the claimed invention as it deals with the problem of providing an effective means of blocking back-flow through the form of a valve gasket.
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 provided the one-way valve of Riptani with a annular valve gasket as taught by Appling, given that the results of the combination were predictable, creating a mechanism to sufficiently prevent back flow of fluids in an unwanted manner.
Conclusion
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.
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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