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 .
Election/Restrictions
Applicant's election without traverse of Species C (claims 6-12) in the reply filed on 05/12/2026 is acknowledged. Claims 21-27 have been added. Claims 1-5 and 13-20 have been cancelled.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6, 7, 8, 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kendziorek et al. (WO 2016/061062).
Regarding claims 6, 7, Kendziorek discloses a drawing device ([0001]) comprising:
a housing (for example, Fig. 24, items 131, 139 ([00127])) having an internal volume, a longitudinal axis (for example, an advancing member rotational axle 140 ([00127], line 6)), and a side port (for example, multiple ports at the top side of the housing 131 and 139 in Fig. 24) that permits access to the internal volume of the housing;
a nozzle assembly (Fig. 23, item 116; [00126], line 7 (an extrusion conduit tip 116)) coupled to a distal end portion of the housing and comprising an exit nozzle (it is noticed that the advancing member (i.e., including the plugger and the cartridge (00124 (as shown in Figs. 15-17)) further comprises an electronic heating element (see claim 7 in the disclosure of Kendziorek; Fig. 26, item 149 ([00129])); and
a loading mechanism comprising:
a reloading mechanism comprising a carriage assembly (Fig. 24, items 135 ([00127], line 5), 131) with an internal volume and an aperture (as shown in Fig. 24 (it is noticed that, the aperture is located at a proximal end portion of the reloading mechanism (related to claim 7)); [0066]), wherein the carriage assembly is removably couplable to the side port of the housing by inserting the cartridge assembly into the side port in a direction that is transverse relative to the longitudinal axis of the housing (as shown in Fig. 24; it is noticed that, the axis of the cartridge 135 is in parallel with the advancing member rotational axle 140 but not aligned).
In another embodiment, Kendziorek discloses that, the cartridge assembly being configured to support (or permit) the fluid (i.e., consumable material) (Fig. 17 or 21, item 12; [00124], line 10 (a functional substance)) to be driven to and supported at an active position within the housing and being configured to selectively position the material in alignment with the longitudinal axis at an active position (as shown in Fig. 21 or 22, compressed air from 119 pushing the plunger rod 113 to selectively position the material in alignment with the longitudinal axis at an active position ([00126]); and
Kendziorek individually teaches different configurations for the cartridge assembly (i.e., the reloading mechanism) and the plunger (i.e., the advancement member ([0082])) in the handheld drawing device. Each of these configurations is utilized to improve the performance of the device. Combining each of these embodiments into one configuration logically flows from their having been individually taught in the prior art as being known for achieving the same purpose.
Regarding claim 8, Kendziorek discloses that, the handheld dispensing device further comprising an actuator configured to activate a motor to control movement of the pushrod and thereby extrude the pellet from the exit nozzle ([0099], [00109], [00124]).
Regarding claim 10, Kendziorek discloses that, a sensor configured to activate the advancement mechanism and thereby extrude the pellets from the exit nozzle ([00107] (e.g., the advancing member may have associated within it a scanner or sensor for detecting a datum or data for altering the actuation)).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kendziorek et al. (WO 2016/061062) as applied to claim 6 above, further in view of Kapec et al. (US 8,950,629).
Regarding claim 9, Kendziorek does not explicitly disclose a spring mechanism and a reversing mechanism in the drawing device. In the same field of endeavor, delivery device, Kapec discloses that, as illustrated in Fig. 8, the internal actuator device can include push rod 212, ratchets 245 on pushrod 212, pawl mechanism 247, torsion spring 249, and arm 251 (col. 14, lines 17-19). Thus, Kapec discloses, the spring mechanism (including the spring 249) configured to drive motion of the pushrod to the extended position. Further, Kapec discloses that, as illustrated in Fig. 6, in some embodiments, the internal actuator device can include a mechanical “pull back” feature that pull back the pusher rod 112 following each forward advance (col. 10, lines 6-9). Thus, Kapec discloses, the reversing mechanism configured to drive the pushrod out of a loading chamber of the device.
It would have been obvious to use the hand-held apparatus of Kendziorek to have a spring mechanism and a reversing mechanism in the drawing device as Kapec teaches that it is known to have the spring mechanism (including the spring 249) configured to drive motion of the pushrod to the extended position and the reversing mechanism configured to drive the pushrod out of a loading chamber of the device. It has been held that the combination of familiar elements according to known methods is likely to be obvious when it does not more than yield predictable results. KSR Int’l Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kendziorek et al. (WO 2016/061062) as applied to claim 6 above, further in view of Pruitt et al. (US 2018/0065286).
Regarding claim 11, Kendziorek does not explicitly disclose that, the loading mechanism comprises a clip mechanism. In the same field of endeavor, small extruder, Pruitt discloses that, this system can be similar to a cartridge loading system commonly seen in air powered nail guns as well as ammunition feeds (or clips) in rifles and other auto-loading systems ([0132]).
It would have been obvious to use the hand-held apparatus of Kendziorek to have that the loading mechanism comprises a clip mechanism as Pruitt teaches that it is known to have that the loading mechanism comprises a clip mechanism. It has been held that the combination of familiar elements according to known methods is likely to be obvious when it does not more than yield predictable results. KSR Int’l Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kendziorek et al. (WO 2016/061062) as applied to claim 6 above, further in view of Lan et al. (US 2020/0282659).
Regarding claim 12, Kendziorek does not explicitly disclose that, the loading mechanism comprises a belt wherealong a plurality of pellets of material are supported. In the same field of endeavor, 3d printer, Lan discloses that, as illustrated in Fig. 1, the feeding component 13 drives the switching control device 131 to select and move a required ink cartridge 133 or an auxiliary processing component 14 in response to an instruction of the control component 12 ([0046], lines 8-12). Here, the component 14 can be considered as a carrying belt.
It would have been obvious to use the hand-held apparatus of Kendziorek to have that the loading mechanism comprises a belt wherealong a plurality of pellets of material are supported as Lan teaches that it is known to have that the loading mechanism comprises a belt wherealong a plurality of pellets of material are supported. It has been held that the combination of familiar elements according to known methods is likely to be obvious when it does not more than yield predictable results. KSR Int’l Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Claims 21, 22, 23, 24, 25, 27 are rejected under 35 U.S.C. 103 as being unpatentable over Kendziorek et al. (WO 2016/061062).
Regarding claims 21, 23, 27, Kendziorek discloses a drawing device ([0001]) comprising:
a housing (for example, Fig. 2 or 3, item 2 ([00119])) having an internal volume, a longitudinal axis;
a nozzle assembly (Fig. 2 or 3, item 11; [00119], line 12 (an extrusion conduit tip 11)) coupled to a distal end portion of the housing and comprising an exit nozzle (it is noticed that the advancing member (i.e., including the plugger and the cartridge (00124 (as shown in Figs. 15-17)) further comprises an electronic heating element (see claim 7 in the disclosure of Kendziorek; Fig. 26, item 149 ([00129])); and
a loading mechanism comprising:
a reloading mechanism comprising a carriage assembly (Fig. 2 or 3, items 10 ([00119], line 14)) with an internal volume and an aperture (as shown in Fig. 2 or 3 (it is noticed that, the aperture is located at a proximal end portion of the reloading mechanism and the aperture is capable of receiving the plurality of pellets sequentially for delivery directly into the internal volume (related to claim 27))), wherein the carriage assembly is removably couplable to the housing by inserting the cartridge assembly into the housing and the internal volume of the cartridge assembly being configured to receive a plurality of pellets of material (i.e., a functional substance 12 (as shown in Fig. 3); it is noticed that, the plurality of pellets is in end-to-end contact along the longitudinal axis (related to claim 23)) in series along the longitudinal axis; and
an advancement mechanism (items 8, 9 in Fig. 2 or 3; [00119], lines 15-16) configured to sequentially drive the plurality of pellets through the internal volume and along the longitudinal axis from the aperture to the exit nozzle.
Kendziorek individually teaches different configurations for the cartridge assembly (i.e., the reloading mechanism) and the plunger (rod) (i.e., the advancement member ([0082])) in the handheld drawing device. Each of these configurations is utilized to improve the performance of the device. Combining each of these embodiments into one configuration logically flows from their having been individually taught in the prior art as being known for achieving the same purpose.
Regarding claims 22, 24, Kendziorek discloses that, as illustrated in Fig. 2, a cartridge housing 2 is also providing a house for the advancing member having a sliding slot 6 and a visible graduated scale 7 and a plunger 40d 8 fixed to finger grip 5. The finger grip 5 has a shape that slidingly engages with the internal bore of the housing 2 to maintain axial alignment of the plunger rod and the finger grip ([00119], lines 2-6 from bottom). It is noticed that, the slot 6 is capable of providing an internal guide to the movement of the advancing member then maintain alignment of the plurality of pellets along the longitudinal axis without rotating a magazine such as the carriage assembly 10 (related to claim 24).
Regarding claim 25, Kendziorek discloses that, as illustrated in Fig. 5, the magazine comprises a biasing member configured to urge the plurality of pellets toward the aperture in a longitudinal direction ([00120], lines 8-11). Thus, the coil spring 23 plays a function of the biasing member inside the magazine.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Kendziorek et al. (WO 2016/061062) as applied to claim 21 above, further in view of Pruitt et al. (US 2018/0065286).
Regarding claim 26, Kendziorek does not explicitly disclose that, the loading mechanism comprises a clip mechanism. In the same field of endeavor, small extruder, Pruitt discloses that, this system can be similar to a cartridge loading system commonly seen in air powered nail guns as well as ammunition feeds (or clips) in rifles and other auto-loading systems ([0132]).
It would have been obvious to use the hand-held apparatus of Kendziorek to have that the loading mechanism comprises a clip mechanism as Pruitt teaches that it is known to have that the loading mechanism comprises a clip mechanism. It has been held that the combination of familiar elements according to known methods is likely to be obvious when it does not more than yield predictable results. KSR Int’l Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIBIN LIANG whose telephone number is (571)272-8811. The examiner can normally be reached on M-F 8:30 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison L Hindenlang can be reached on 571 270 7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIBIN LIANG/Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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