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 § 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 1-2 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 claim 1, there is insufficient antecedent basis for the limitations of the first, second and third parts. The examiner will interpret these parts as independent of the grooves.
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 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pre-Grant Publication 2017/0112528 to Crisman et al. (Crisman hereinafter).
Regarding claim 1, Crisman teaches a puncture needle (2) comprising: a shaft part (4); a needle tip part (8) disposed at a tip of the shaft part; and a plurality of grooves (12a) of three or more that are arranged on an outer peripheral part of the shaft part along a length direction of the shaft part at uniform intervals (16a, 16b). Certain of these, such as the second from the left, third from the left and fifth from the left groove are arranged so as to form a geometric progression with a geometric ratio of 2 in which arrangement intervals decrease toward the needle tip part (which is considered herein to extend to the edge of the leftmost groove), wherein the plurality of grooves include a first (leftmost) groove that is closest to the needle tip part and a second groove (second from the left) that is second closest to the needle tip part, and a distance (i.e. the distance to the tip part is the width of the leftmost groove: 1.0 * groove width) between the needle tip part and the first groove is equal to a distance between the first groove (second from the left) and the second groove (third from the left). The examiner notes that the claim is open ended and does not preclude the presence of other grooves. See below for illustration of the examiner’s interpretation. As best understood by the examiner, first, second and third parts may be selected from any portions having the required geometric relationship, since no structure is required by those parts.
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Regarding claim 2, Crisman teaches that the grooves extend entirely around the outer peripheral part of the shaft part.
Response to Arguments
Applicant's arguments filed 26 August 2026 have been fully considered but they are not persuasive.
With respect to the first, second, and third parts and any arrangement thereof, the claim does not recite that these parts are related to any other structure of the claimed invention, specifically including the grooves. As such, they confer no structural limitation on the claimed invention and do not patentably distinguish over Crisman.
Furthermore, while not argued by applicant, the examiner notes that the claim is open-ended (i.e. comprising). This has the notable effect of allowing for further grooves besides those claimed in any relationship to the claimed plurality, such as closer to the tip than the claimed grooves, further from the tip, or in between the claimed grooves. Thus, even if the first, second, and third parts were related to the grooves, they would not distinguish over Crisman, which teaches grooves in the claimed locations and further grooves, such as between the second and third grooves.
Finally, the examiner notes that selecting different locations for marking grooves on a puncture needle would be prima facie obvious as a matter of mere rearrangement of parts (MPEP 2144.04 VI. C)
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 PHILIP E STIMPERT whose telephone number is (571)270-1890. The examiner can normally be reached Monday-Friday, 8a-4p.
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, Chelsea Stinson can be reached at 571-270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PHILIP E STIMPERT/Primary Examiner, Art Unit 3783 7 October 2026
