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 .
Information Disclosure Statement
The information disclosure statement filed 12/10/24 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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.
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 1, 2, and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Speckman (US 4562794) in view of Bauer et al. (US 2006/0251464).
As per claim 1, Speckman discloses a method of making an animal health product container (method and tag for control of pests on livestock; abstract; fig.1. fig.4), comprising:
in any order:
applying an animal health product compound to a body having a first face and a second face (fig.2 the body 2 has a first face (top of insert/dispenser) and a second face (part of insert/dispenser attached to tag 1). the body constructed of a weather resistant material (a controlled-release dispenser 2 having a reservoir 3 with interconnected pores of the type shown in FIG. 5 and a membrane 4 capable of releasing active ingredient by diffusion
at a zero-order rate of release over a period of several months to a year, or more, the membrane 4 being sealed over the reservoir 3 and at its edges over tag 1, thus also serving to hold the dispenser in place (col.2 lines 59-66); The dispenser may have a portion of its outer surface covered with an impermeable backing material so as to cause the active ingredient to be released, in the case of a disc shape, from one side only. A suitable impermeable backing film is a polyethylene-toil-paper laminate made by Lithotype Co. of South San Francisco, Calif (col.4 lines 24-29); polyethylene is a weather resistant material and the active ingredient is the animal health product compound);
applying a bonding material to at least a portion of the first face of the body (Other means of attaching the controlled-release insert to the tag
element include gluing, snap-tight fitting, riveting, and peel-off pressure-sensitive adhesive tape (col.3 lines 7-9); the bonding material on first face can be glue or adhesive), the bonding material being weather-
resistant (a controlled-release dispenser 2 having reservoir 3 with interconnected pores of the type shown in FIG. 5 and a membrane 4 capable of releasing active ingredient by diffusion at a zero-order rate of
release over a period of several months to a year, or more, the membrane 4 being sealed over the reservoir 3 and at its edges over tag 1. Thus also serving to hold the dispenser in place (col.2 lines 59-66); since the insert/dispenser is on for months to a year it has to be weather resistant): and forming the body into a predetermined shape configured to be attached to a tag body of a tag for an animal (The dispenser may have a portion of its outer surface covered with an impermeable backing material so as to cause the active ingredient to be released, in the case of a disc shape, from one side only. A suitable impermeable backing film is a polyethylene-foil-paper laminate made by Lithotype Co. of South San Francisco, Calif (col.4 lines 24-29); the disc shape is considered the predetermined shape configured for attachment to a tag body).
Speckman fails to disclose the body having a pull tab.
Baner discloses the seal (80) also includes a pull tab (105) extending from the removal end (100) of the seal (80). The pull tab (105) may be an extension of and formed from the same material as the seal (80), or the pull tab (105) may be formed separately and then affixed to the seal (80) (see [0036]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Speckman with the pull tab of Bauer so as this helps with the removal of the device body.
As per claim 2, Speckman as modified by Baner (emphasis on Genitrini) further discloses wherein the step of applying the animal health product compound to the body is defined further as applying the animal health product compound being an insecticide compound selected from a group consisting of one or more of a pyrethroid, permethrin, zeta-cypermethrin, ivermectin, avermectin, abamectin, milbemectin, diazinon, chlorpyrifos, macrocyclic lactone, and an organophosphate to the body (see lines 60-68 of col.3 and lines 1-10 of col.4).
As per claim 4, Speckman as modified by Baner (emphasis on Genitrini) further discloses wherein the step of applying the animal health product compound to the body is defined further as applying the animal health product compound being a compound configured for transdermal
delivery to the body (material (a controlled-release dispenser 2 having a reservoir 3 with interconnected pores of the type shown in FIG. 5 and a membrane 4 capable of releasing active ingredient by diffusion at a zero-order rate of release over a period of several months to a year, or more, the membrane 4 being sealed over the reservoir 3 and at its edges over tag 1, thus also serving to hold the dispenser in place (see lines 59-66 of col.2); since the compound is released onto the body 2 it is transdermal).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over the reference as applied to claim 1 above, and further in view of Gordon et al. (US 2023/0240268).
As per claim 3, the reference as applied to claim 1 above disclose most of the claimed invention but fail to disclose wherein the step of applying the animal health product compound to the body is defined further as applying the animal health product compound being a calming compound to the body.
Gordon discloses some of the substances which can be delivered by the delivery device include, without limitation, anti-flea compound, anti-rick compounds, anti-parasite compounds, anti-fungal compounds, anti-bacterial compounds, anti-viral compounds, calming drugs, analgesic drugs and other pain drugs, pest or parasitic deterrents/repellents or control substances, and others, in the form of liquids, gels, ointments and any other flowable substances, referred to herein as fluids (see [0027]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the health product compound of the reference as applied to claim 1 above (emphasis on Speckman) with the calming compound of Gordon so the step of applying the animal health product compound to the body is defined further as applying the animal health product compound being a calming compound to the body. This allows for different compounds to be administered to the body.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over the reference as applied to claim 1 above, and further in view of McKay (US 2013/0018321).
As per claim 5, the reference as applied to claim 1 above disclose most of the claimed invention but fail to disclose wherein the step of applying the bonding material to at least a portion of the first face of the body is defined further as applying the boding material being a biodegradable, polymer-based pressure sensitive adhesive to at least a portion of the first face of the body.
McKay discloses an "adhesive" includes material that chemically binds the adhesive sheet to the target tissue site. Adhesives can be liquid, semi-solid or in a solid state. The adhesive can be a solvent based adhesive, a polymer dispersion adhesive, a contact adhesive, a pressure sensitive adhesive, a reactive adhesive, such as for example a multi-part adhesive, one part adhesive, heat curing adhesive, moisture curing adhesive, or a combination thereof or the like (see [0029]). The terms "biodegradable" includes that all or parts of the medical device (e.g., adhesive agent, etc.) will degrade over time by the action of enzymes, by hydrolytic action and/or by other similar mechanisms in the human body (see [0030]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the bonding material of the reference as applied to claim 1 above (emphasis on Speckman) with the biodegradable pressure sensitive adhesive of McKay so the step of applying the bonding material to at least a portion of the first face of the body is defined further as applying the bonding material being a biodegradable, polymer-based pressure sensitive adhesive to at least a portion of the first face of the body. This allows for an alternate way for the device to bond to the tag.
Conclusion
Note, although the examiner recites certain excerpts for the prior art, MPEP 2141.02 VI states “PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRINH T NGUYEN whose telephone number is (571)272-6906. The examiner can normally be reached on Monday-Friday 7:00-3:30.
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/TRINH T NGUYEN/Primary Examiner, Art Unit 3644