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 1-10 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, the following phrases lack proper antecedent basis:
“the front end of the needle core”
“the side of the needle core”
“the inner wall of the housing corresponding to the resisting surface”
“the outer side of the pusher”
“the inner wall of the housing corresponding to the limiting surface”
“the inner wall of the housing” (to which of the two previously recited inner walls of the housing (corresponding to the resisting surface vs. corresponding to the limiting surface) is the phrase referring?)
“the front end face of the sliding platform”
“the tabletop of the sliding platform”
“the distance between the sliding surface and the center”
“the inner wall of the pusher” and “the inner wall of the pusher corresponding to the obstructing surface”
“the obstructing surface on the stopper” and “the stopper”
Each phrase should be amended to replace the first “the” term with the term “a” or “an”.
Further regarding claim 1, the phrase “the direction pointed by needle tip of lancet defined as the front of the lancet” renders the claim indefinite. For this examination, the phrase is being interpreted as “the direction to which a needle tip of the lancet points being defined as the front of the lancet”. The phrase “to bend towards inner side” also renders the claim indefinite – the elastic arm bends towards an/the inner side of what element of the lancet? The phrase “and taken a needle body of the lancet as a center on a cross-section of the lancet” renders the claim indefinite. Clarification is requested as to what is meant by this phrase. The phrase “obstructing surface, and a second limiting surface is set on the inner wall of the pusher corresponding to the obstructing surface” is unclear. For this examination, the phrase is being interpreted as “an obstructing surface and a second limiting surface set on the inner wall of the pusher”.
Regarding claims 2-10, the preamble of each claim should be amended to start with “The simple head pressing type disposable safety lancet according to Claim…” in order to properly refer back to the simple head pressing type disposable safety lancet device recited in a previous claim.
Regarding claim 2, the following phrases lack proper antecedent basis:
“the front end face of the protrusion”
“the rear end face of the protrusion”
“the front end of the pusher”
“the front end of the housing”
“the front end of the protective rod”
Each phrase should be amended to replace the first “the” term with the term “a”.
Further regarding claim 2, the phrase “in a slide way of the pusher” renders the claim indefinite. Clarification is requested with regard to what “a slide way” of a pusher is. The phrase “triggering force forces” also renders the claim indefinite. For this examination, the phrase is being interpreted as “a triggering force forces”. Finally, the phrase “restoring to the initial assembly state” renders the claim indefinite. What is being restored to the initial assembly state?
Regarding claim 3, the phrase “the obstructing surface of the stopper” lacks proper antecedent basis. For this examination, the phrase is being interpreted as “the obstructing surface on the stopper”. Further regarding claim 3, while not indefiniteness issues, the extra space before the comma in line 3, and the duplicate “the” term in line 4 (“the the second”) should both be deleted.
Regarding claim 6, the phrase “corresponding to the impact surface the pusher is provided with a third limiting surface” renders the claim indefinite. What corresponds to the impact surface? Clarification is requested as to what is meant by this phrase. Further regarding claim 6, the phrase “the puncture depth of the lancet” lacks proper antecedent basis. For this examination, the phrase is being interpreted as “a puncture depth of the lancet”.
Regarding claim 7, the phrase “corresponding to the stopper on the protective rod a notch for the stopper to pass through is provided…” renders the claim indefinite. There is no previous recitation of a stopper on the protective rod. As best understood, claim 7 requires a notch on the protective rod, wherein the notch allows the stopper to pass through, the notch being provided next to a needle-tip puncture hole of the pusher. Further regarding claim 7, the following phrases lack proper antecedent basis:
“the needle-tip puncture hole”/“the needle-tip puncture hole of the pusher”
“the initial assembly state”
Regarding claim 9, the following phrases lack proper antecedent basis:
“the head of the pusher”
“the initially assembly state”
Regarding claim 10, the following phrases lack proper antecedent basis:
“the rear portion inside the housing”
“the rear end inside the housing”
Claims not explicitly rejected above are rejected due to their dependence on a rejected base claim.
Examiner’s Note
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hyoue et al.’246 (US Pub No. 2012/0215246) discloses a safety lancet device comprising a housing, a needle core, a pusher, a launching spring, and a lancet cap. Hong’353 (US Pub No. 2013/0066353 – cited by Applicant) discloses a safety lancet device comprising a housing, a needle core, a pusher, and a launching spring, wherein the lancet also comprises an elastic arm provided with a first blocking surface and a resisting surface. Shi’177 (US Pub No. 2016/0022177) discloses a safety lancing device comprising a housing, a pusher, and a launching spring. Shi’746 (US Pub No. 2019/0053746) discloses a safety lancet device comprising a housing, a needle core, a pusher, a launching spring. Shi et al.’787 (WO 2019/161787) discloses a tail head pressing type disposable safety lancet comprising a housing, a needle core, a pusher, and a launching spring, wherein the lancet also comprises an elastic arm provided with a first blocking surface and a resisting surface.
The following is a statement of reasons for the lack of prior art rejections:
Regarding claim 1, none of the prior art discloses or suggests, either alone or in combination, a simple head pressing type disposable safety lancet comprising the claimed elastic arm, pusher, first limiting surface, and sliding platform, wherein a front end face of the sliding platform is the claimed triggering surface, in combination with the other claimed elements.
Conclusion
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/ETSUB D BERHANU/Primary Examiner, Art Unit 3791