DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed embodiment of figure 10, claim 1, states that the first part of the pin end portion has a disk section at a rear end of the first part. The specification and drawings fail to include or show a reference number indicating what the disc section is and where it is located in the drawing of figure 10. Claim 1 states that the second part has a truncated elliptical conical shape. The specification and drawings fail to include or show a reference number indicating the truncated elliptical conical shape. Claim 1 states that the second part includes a disk section at a front end of the second part and an elliptic section at a rear end of the second part. The specification and drawings fail to include or show the disk section of the second part and the elliptic section at the rear end of the second part. These elements of the figure 10 embodiment must be shown or the features canceled from the claims. No new matter should be entered.
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.
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.
Claims 1-3 and 5-16 are 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.
Regarding claims 1 and 8-16, the claim is indefinite as to what the “disk section” defines. The specification fails to define the disk section and fails to show what the disk section would encompass in the figures (see objection to drawings).
In claim 2, the claim states that the pin end portion comprises “a first part, comprising the apex at the front end of said pin end portion and the elliptic section at the rear end of said pin end portion”. The claim is indefinite because “a first part having a conical shape” and “a second part having…an elliptic section at a rear end of said second part” have already been claimed in claim 1 from which claim 2 depends. Is there a second first part? Is there a second elliptic section at the rear end of said pin end portion? Please clarify.
Regarding claims 2-3, and 7, the claim appears to be misdescriptive. Because, it claims the combination of the embodiment shown in figure 10 and one of the other disclosed embodiments. The applicant references, in their remarks filed on 4/10/2026, that the claim 1 amendments are supported in paragraphs [0026] and [0095] of the application’s publication:
“[0026] In another embodiment, the pin end portion comprises a first part, comprising an apex at its front end and a disk section at its rear end, and a second part comprising the disk section at its front end and an elliptic section at its rear end.”
“[0095] According to a second embodiment, the pin end comprises a first part having a conical shape. The front end of the first part, used to pierce the animal's skin, comprises an apex. The rear end of the first part has a disk section. The pin end also comprises a second part having a truncated elliptic conical shape. The front end of the second part, which correspond to the rear end of the first part, has a disk section. The rear end of the second part has an elliptic section.”
These two paragraphs appear to only reference figure 10, which fails to show the shapes/surfaces of the first part as defined in claim 2. Therefore, it is misdescriptive to the claim the combination of the other embodiments with the figure 10 embodiment. These two paragraphs clearly set forth that the additional embodiment does not include the first and second surface inclination angles as defined in claim 2.
Regarding claims 5-6, the claim appears to be misdescriptive. Because, it claims the combination of the embodiment shown in figure 10 and one of the other disclosed embodiments. The applicant references, in their remarks filed on 4/10/2026, that the claim 1 amendments are supported in paragraphs [0026] and [0095] of the application’s publication:
“[0026] In another embodiment, the pin end portion comprises a first part, comprising an apex at its front end and a disk section at its rear end, and a second part comprising the disk section at its front end and an elliptic section at its rear end.”
“[0095] According to a second embodiment, the pin end comprises a first part having a conical shape. The front end of the first part, used to pierce the animal's skin, comprises an apex. The rear end of the first part has a disk section. The pin end also comprises a second part having a truncated elliptic conical shape. The front end of the second part, which correspond to the rear end of the first part, has a disk section. The rear end of the second part has an elliptic section.”
These two paragraphs appear to only reference figure 10, which fails to show the shapes/surfaces of the first part as defined in claim 5. Therefore, it is misdescriptive to the claim the combination of the other embodiments with the figure 10 embodiment. These two paragraphs clearly set forth that the additional embodiment does not include the first and second surface inclination angles as defined in claim 5. The same reasoning is directed to the second part and surfaces claimed in claim 5.
Response to Arguments
Applicant’s arguments, see the remarks on pages 6-7, filed4/10/2026, with respect to the 103 rejection based on Gardner in view of Oudenhoven with respect to claims 8-12 and the rejection based on Haar in view of Oudenhoven with respect to claims 1 and 15 have been fully considered and are persuasive. The 103 rejections of claims 1, 8-12 and 15 have been withdrawn.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-3 and 5-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK W LAVINDER whose telephone number is (571)272-7119. The examiner can normally be reached Mon-Friday 9-4pm (EST).
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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677
Prosecution Insights