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 with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Henry et al. (US 2008/0048101 A1) hereafter Henry.
Regarding claim 1, Henry at fig. 8 (see annotated fig. 8 below) discloses a probe comprising: a plunger 60; and a barrel 22 including an end surface [flat surface of 22 as shown] provided with an opening [opening between end surface for 60 e.g. vertical wall of 22 for 60] through which at least a part of the plunger protrudes [as shown], an inner surface defining a tapered hole [taper surface of 22 as shown defines taper hole] that communicates with the opening, and an outer surface [as shown below] tapered toward the end surface, wherein an inner surface of the opening is substantially parallel to an axial direction of the plunger, and the end surface of the barrel is a generally flat surface that is substantially perpendicular to the axial direction of the plunger [flat end surface is perpendicular to plunger axial direction].
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Claim(s) 2-4 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Henry.
Regarding claim 2, Henry discloses the probe according to claim 1, including wherein at least a part of an outer surface of the barrel [outer surface of 2]. Henry is silent about the outer surface of the barrel is formed by machining [this is product by process limitation]. MPEP §2113 states that “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 3, Henry discloses the probe according to claim 1, including the opening is formed by machining. Henry is silent about the opening is formed by machining [this is product by process limitation]. MPEP §2113 states that “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 4, Henry discloses the probe according to claim 1, including the barrel with tapered hole. Henry is silent about said tapered hole is formed by machining [this is product by process limitation]. MPEP §2113 states that “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/PARESH PATEL/Primary Examiner, Art Unit 2858
July 23, 2026
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