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 § 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.
Claim(s) 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroshi et al (JP2020125569A) “Hiroshi” in view of Bridges (US 6027512 A) “Bridges”.
Regarding Claim 1, Hiroshi teaches an automatic hair transplant device (Fig. 1A), comprising: a storage container (stocker 40, par. [0008], Fig. 1A) having an outlet (take-up thread 42, par. [0009], Fig. 1A) at a bottom thereof, the storage container placing hair material (hair yarn 100, par. [0008], Fig. 1A) across the outlet on the bottom, but does not teach an energizing part.
However, Bridges, in the same field of art, teaches a hair follicle harvesting device to be used in hair transplant procedures (Abstract) comprising an energizing part (harvesting tube 2, par. (2) Description, Fig. 1) configured to apply a force to the hair material (hair follicles 20, par. (3) Description, Fig. 1) placed across the outlet on the bottom of the storage container (foam rubber pad 28, par. (3) Description, Fig. 1), the force having a component in a direction away from the outlet (the force moving through fluid outlet passageway 4 and fluid outlet tube 13, par. (2) Description, Figs. 1 and 2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Hiroshi to include an energizing part, as taught by Bridges, in order to move or adjust hair as needed for the transplant procedure (Bridges, par. (2) Background).
Regarding Claim 2, Hiroshi does not teach an energizing part with a protrusion. However, Bridges, in the same field of art, teaches a hair follicle harvesting device to be used in hair transplant procedures (Abstract), wherein the energizing part includes a protrusion (needle 10, par. (3) Description, Figs. 1 and 2) that is configured to advance in the direction away from the outlet when a tip of the protrusion is inserted in a hair material bundle (scalp flap 19, par. (3) Description, Fig. 1) formed of the hair material placed on the bottom of the storage container. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Hiroshi to include an energizing part with a protrusion, as taught by Bridges, in order to encircle hairs and support the function of the energizing part to move or adjust hair as needed for the transplant procedure (Bridges, par. (2) Background).
Regarding Claim 3, Hiroshi does not teach a protrusion configured to move toward the bottom of the storage container, then away. However, Bridges, in the same field of art, teaches a hair follicle harvesting device to be used in hair transplant procedures (Abstract), wherein the protrusion is configured to move in a direction approaching the bottom of the storage container to insert the tip into the hair material bundle (following path from fluid inlet tube 12 and fluid inlet passageway 3, par. (2) Description, Figs. 1 and 2), then advance in the direction away from the outlet (the direction following fluid outlet passageway 4 and fluid outlet tube 13, par. (2) Description, Figs. 1 and 2), and then move in a direction away from the bottom of the storage container to remove the tip from the hair material bundle (par. (5) Description). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Hiroshi to include a protrusion configured to move toward the bottom of the storage container, then away, as taught by Bridges, in order to move or adjust hair as needed for the transplant procedure (Bridges, par. (2) Background).
Regarding Claim 4, Hiroshi does not teach a protrusion configured to move away from the outlet and at an incline. However, Bridges, in the same field of art, teaches a hair follicle harvesting device to be used in hair transplant procedures (Abstract), wherein when the protrusion advances in a direction away from the outlet with the tip inserted in the hair material bundle, the protrusion is inclined such that the farther a position along the protrusion is from the bottom, the farther away the position is from the outlet (Figs. 1 and 2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Hiroshi to include a protrusion configured to move away from the outlet and at an incline, as taught by Bridges, in order to move or adjust hair as needed for the transplant procedure (Bridges, par. (2) Background).
Regarding Claim 5, Hiroshi does not teach a protrusion traveling straight at an incline. However, Bridges, in the same field of art, teaches a hair follicle harvesting device to be used in hair transplant procedures (Abstract), wherein the protrusion that is in an inclined state before the tip is inserted into the hair material bundle, is configured to travel straight along an inclined direction to be inserted into the hair material bundle (Figs. 1 and 2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Hiroshi to include a protrusion traveling straight at an incline, as taught by Bridges, in order to more easily move or adjust hair as needed for the transplant procedure (Bridges, par. (2) Background).
Claim(s) 6-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroshi et al (JP2020125569A) “Hiroshi” in view of Bridges (US 6027512 A) “Bridges”, in further view of Anderson et al (US 11717317 B2) “Anderson”.
Regarding Claim 6, Hiroshi in view of Bridges does not teach a plurality of protrusions moving in opposite directions. However, Anderson, in the same field of art, teaches an apparatus for tissue harvesting that may be used for hair transplant (Abstract), wherein the protrusion (needle 100, par. (11) Description, Fig. 1A) is one of a plurality of protrusions (points 105, par. (11) Description, Fig. 1A) of the energizing part (housing 220, par. (16) Description, Fig. 2), each moving in an opposite direction when each tip of the plurality of the protrusions is inserted into the hair material bundle (donor tissue 212, par. (17) Description; par. (11) Description, three or more points may be made from and extend at different angles from the harvesting needle). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Hiroshi in view of Bridges to include a plurality of protrusions moving in opposite directions, as taught by Anderson, in order to more efficiently move or adjust hair as needed for a future procedure (Anderson, pars. (11) and (12) Description).
Regarding Claim 7, Hiroshi in view of Bridges does not teach a plurality of protrusions moving simultaneously at a certain time. However, Anderson, in the same field of art, teaches an apparatus for tissue harvesting that may be used for hair transplant (Abstract), wherein there is a timing at which the plurality of the protrusions move in the opposite direction simultaneously when the tips are inserted into the hair material bundle (par. (11) Description, Fig. 1A, because points protrude directly from the needle, they will move simultaneously). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Hiroshi in view of Bridges to include a plurality of protrusions moving simultaneously at a certain time, as taught by Anderson, in order to more efficiently move or adjust hair as needed for a future procedure (Anderson, pars. (11) and (12) Description).
Regarding Claim 8, Hiroshi in view of Bridges does not teach an energizing part including a roller. However, Anderson, in the same field of art, teaches an apparatus for tissue harvesting that may be used for hair transplant (Abstract), wherein the energizing part includes a roller (hub 310, par. (31) Description, Fig. 3A) having a conveying direction away from the outlet (par. (31) Description, may be disc-shaped or in a similar geometry to control movement of the needle in reference to the tissue). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Hiroshi in view of Bridges to include an energizing part including a roller, as taught by Anderson, in order to control the action of the energizing part to move or adjust hair as needed for a future procedure (Anderson, par. (31) Description).
Regarding Claim 9, Hiroshi in view of Bridges does not teach a plurality of rollers of the energizing part. However, Anderson, in the same field of art, teaches an apparatus for tissue harvesting that may be used for hair transplant (Abstract), wherein the roller is one of a plurality of rollers of the energizing part, each having a conveying direction opposite to each other (par. (50), there may be multiple hubs that convey in different directions to facilitate the insertion and removal of various amounts of needles). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Hiroshi in view of Bridges to include a plurality of rollers of the energizing part, as taught by Anderson, in order to control the action of the energizing part to move or adjust hair as needed for a future procedure (Anderson, par. (31) Description).
Regarding Claim 10, Hiroshi in view of Bridges does not teach a plurality of rollers rotating in the opposite direction to each other simultaneously at a certain time. However, Anderson, in the same field of art, teaches an apparatus for tissue harvesting that may be used for hair transplant (Abstract), wherein there is a timing at which the plurality of rollers rotate in the opposite direction to each other simultaneously (par. (31), the hubs may be configured to rotate simultaneously during or between harvesting procedures based on the number of needles used and the desired amount of tissue removal or replacement). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Hiroshi in view of Bridges to include a plurality of rollers rotating in the opposite direction to each other simultaneously at a certain time, as taught by Anderson, in order to control the action of the energizing part to move or adjust hair as needed for a future procedure (Anderson, par. (31) Description).
Regarding Claim 11, Hiroshi in view of Bridges does not teach a restraining part that restricts movement of the hair material bundle. However, Anderson, in the same field of art, teaches an apparatus for tissue harvesting that may be used for hair transplant (Abstract), further comprising a restraining part that restricts movement of the hair material bundle when the energizing part applies the force to the hair material, the restraining part being on an opposite side to the energizing part with the outlet interposed in-between (par. (49), donor site tissue may be partially frozen with a conductive technique involving contact with a cooled object). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Hiroshi in view of Bridges to include a restraining part that restricts movement of the hair material bundle, as taught by Anderson, in order to help the energizing part more efficiently move or adjust hair as needed for a future procedure (Anderson, par. (49) Description).
Regarding Claim 13, Hiroshi in view of Bridges does not teach the energizing part with a conductor having a grounded portion in contact with the hair material. However, Anderson, in the same field of art, teaches an apparatus for tissue harvesting that may be used for hair transplant (Abstract), wherein the energizing part is provided with a conductor having a grounded portion in contact with the hair material (par. (49), donor site tissue may be cooled with a conductive technique involving contact with a cooled object). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Hiroshi in view of Bridges to include the energizing part with a conductor having a grounded portion in contact with the hair material, as taught by Anderson, in order to help the energizing part more efficiently move or adjust hair as needed for a future procedure (Anderson, par. (49) Description).
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroshi et al (JP2020125569A) “Hiroshi” in view of Bridges (US 6027512 A) “Bridges”, in further view of Oostman et al (US 9084465 B2) “Oostman”.
Regarding Claim 12, Hiroshi in view of Bridges does not teach an energizing part configured to vibrate. However, Oostman, in the same field of art, teaches a tool for removing and retaining biological units for use in hair transplantation (par. (11) Backgorund), wherein the energizing part (outer tube 702, par. (159), Fig. 45) is configured to vibrate (par. (159), outer tube 702 may rotate or oscillate) while being in contact with the hair material bundle (par. (159), the skin that the tube penetrates may be hair bundle or group of follicles). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by Hiroshi in view of Bridges to include an energizing part configured to vibrate, as taught by Oostman, in order to help the energizing part more efficiently move through the hair bundle as needed for transplantation (Oostman, par. (27) Background).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATALIE NICOLE THOMAS whose telephone number is (571)272-0004. The examiner can normally be reached Monday - Friday 8:30am-5pm.
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/NATALIE N THOMAS/ Examiner, Art Unit 3774
/JERRAH EDWARDS/ Supervisory Patent Examiner, Art Unit 3774
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