FINAL REJECTION
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 .
Response to Arguments
Applicant's arguments filed 5/21/2026 have been fully considered but they are not persuasive.
The applicant argues that (pages 6 and 7 remarks):
“Claim 14 sets forth an injection needle blowoff apparatus, comprising "a gas flow controller configured to control the delivery of the gas to the blowoff nozzle to supply pulses of gas.” The Office Action alleges that Loh describes a gas flow controller configured to control the delivery of the gas to the blowoff nozzle to supply pulses of gas. See Office Action, pp. 3-4. However, there is no evidence that Loh discloses controlling the delivery of the gas to the blowoff nozzle to supply pulses of gas. Loh describes an air pump or a pressurized air canister to provide pressurized air to flow through the air intake. However, Loh does not teach or suggest controlling the delivery of the gas to the blowoff nozzle to supply pulses of gas. Accordingly, Loh does not anticipate claim 14. Claim 14 and all claims depending thereon are allowable.”
The examiner respectfully disagrees. Loh teaches a control system of the cleaning device 100 (paragraph 27) that controls the air system that is an air pump or pressurized air canister (paragraph 28) and the control system is configured to turned on and off the air system (steps 1006 and 1020, figure 10). The air being turned on/off by the control system is interpreted as the control system being capable of/configured to control the delivery of the gas and supply pulses of gas because the claim language after “configured to” is pointed to the function of the gas flow controller and "[A]pparatus claims cover what a device is, not what a device does” (MPEP 2114).
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.
(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) 14-16 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Loh et al. U.S. Patent Application Publication 2023/0033049.
With respect to claim 14, Loh teaches an injection needle blowoff apparatus (cleaning device 100), comprising: a positioning plate (top member 160a) having a first side (seat 114) configured to contact an injector (probe 102) and having a second side opposite the first side (opposing side of the top member 160a, figures 1-3); an injector positioner configured to position the injector in contact with the first side of the positioning plate (robot that positions the probe 102, paragraph 26); an injector actuator configured to actuate the injector to expel contents of the injector via a needle of the injector (probe 102 is rinsed while in the seated position, paragraph 34); and a blowoff nozzle adjacent the second side of the positioning plate (threaded nozzles 120, 122 , figures 1-3), the blowoff nozzle configured to direct gas received via a gas inlet towards a location of a needle of the injector (paragraph 28), the blowoff nozzle comprising: a gas inlet configured to be coupled to a gas supply (the inlets of the threaded nozzles 120, 122 connected to fluid/gas supply, paragraph 28); a gas channel coupled to the gas inlet (air channels 124, paragraphs 29-31, figures 1-3); and a gas outlet configured to direct gas from the gas channel towards a location of a needle of the injector (the outlet of the air channels 124, figure 1-3), wherein at least a portion of the gas outlet is defined by a portion of the second side of the positioning plate (figures 3-4). Further, Loh teaches the gas supply coupled to the gas inlet (paragraph 28) and a gas flow controller (control system, paragraph 27) configured to control the delivery of the gas to the blowoff nozzle to supply pulses of gas (figure 10).
With respect to claim 15, Loh teaches wherein the pulses of gas comprise bursts of gas in predetermined durations (interpreted as the turning on of the inner rinse, outer rinse, and air of steps 1004, 1006, and 1008, figure 10).
With respect to claim 16, Loh teaches a second blowoff nozzle (the other of threaded nozzles 120, 122, figures 1-3), the gas supply configured to supply the gas to the blowoff nozzle and the second blowoff nozzle simultaneously in pulses of gas (figure 10).
With respect to claim 19, Loh teaches wherein the gas supply is configured to supply the pulses of gas to the blowoff nozzle and the second blowoff nozzle simultaneously (the rinsing and air pulses can be delivered simultaneously, paragraph 43).
Allowable Subject Matter
Claims 1-13 and 20 are allowed.
Claims 17 and 18 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.
Conclusion
THIS ACTION IS MADE FINAL. 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 FREDDIE KIRKLAND III whose telephone number is (571)272-2232. The examiner can normally be reached 9am-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, John Breene can be reached at (571) 272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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FREDDIE KIRKLAND III
Primary Examiner
Art Unit 2855
/Freddie Kirkland III/Primary Examiner, Art Unit 2855 7/8/2026
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