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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10 and Species A which reads on claims 1-10 in the reply filed on 8/24/2026 is acknowledged.
Claims 11-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/24/2026.
Response to Amendment
In response to the amendment filed on 4/3/2025, no claims have been cancelled, no claims have been newly added and claims 1-10 are pending.
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.
Claim 10 is 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.
Claim 10 recites the limitation "the driver of the needle loading mechanism" in line 2. There is insufficient antecedent basis for this limitation in the claim. Examiner best interprets this to be “a driver of the needle loading mechanism”
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 6, 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2004009010A2 Tzou et al. (hereinafter Tzou).
Regarding claim 1, Tzou discloses a handheld device for dispensing a plurality of dry needles, the device comprising:
a dry needle outlet end (21, Fig. 2-3);
a needle priming cavity (longitudinal lumen extending from needle outlet end through needle storage cavity 10 as seen in Fig. 2-3) aligned with an outlet of the needle outlet end and configured to receive a dry needle therein for dispensing (as seen in Fig. 3, needle 30 exits through the needle priming cavity and out of the needle outlet end 21);
a needle ejection mechanism (40, Fig. 2-3) comprising a driver (combination of guide bar 43, pricking bar 46 and manipulating spring 44, Fig. 2-3) configured to eject the dry needle from the needle priming cavity through the needle outlet upon actuation of the needle ejection mechanism (pg. 8 line 19-24, pg. 11 line 2-24); and
a needle storage cavity (10, Fig. 2-3) configured to hold one or more additional dry needles (30, Fig. 1) (pg. 4 line 20-24) comprising a needle loading mechanism (60, Fig. 2-3) configured to transfer one or more needles from the storage cavity to the needle priming cavity upon actuation of the needle loading mechanism (pg. 9 line 16-pg. 10 line 4).
Regarding claim 2, Tzou discloses the limitations of claim 1, and further discloses wherein the needle storage cavity is a removable cartridge preloaded with one or more needles and operably couplable to the needle loading mechanism and needle priming cavity (pg. 13 line 5-pg. 15 line 13, Fig. 10-11, the needle storage cavity can be a detachable and reloadable needle storage cavity 70 for loading of multiple needles).
Regarding claim 3, Tzou discloses the limitations of claim 1, and further discloses wherein the needle storage cavity is a cavity within the handheld device and adjacent the needle priming cavity (as seen in Fig. 2-3).
Regarding claim 4, Tzou discloses the limitations of claim 1, and further discloses wherein the needle loading mechanism is a spring activated index to move one dry needle from the needle storage cavity to the needle priming cavity (pg. 9 line 16-pg. 10 line 4, spring 62 pushes movable body 61 which pushes a needle 30a into a ready standby position).
Regarding claim 6, Tzou discloses the limitations of claim 1, and further discloses wherein the driver comprises a coil spring (44, Fig. 2-3), a constant force spring, magnets, a leaf spring, a drive wheel or a combination thereof.
Regarding claim 9, Tzou discloses the limitations of claim 1, and further discloses wherein the device further comprises a button (as seen in Fig. 2-3, enlarged top portion of needle ejection mechanism 40 constitutes a button for a user to press down to deliver needle), knob, lever, trigger or dial for manually activating the driver of the needle ejection mechanism.
Regarding claim 10, Tzou discloses the limitations of claim 1, and further discloses wherein the device further comprises a button, knob (63, Fig. 2-3, pg. 10 line 2-13, tightening the knob 63 prevents a driver (combination of movable body 61 and elastic body 62) from loading a needle, loosening the knob 63 allows the driver to load the needle), lever, trigger or dial for manually activating a driver of the needle loading mechanism.
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tzou in view of US 20050115980 Grandy.
Regarding claim 5, Tzou discloses the limitations of claim 1.
Tzou is silent on wherein the needle loading mechanism comprises a rotating drum or cylinder holding the one or more dry needles and configured to release one dry needle to the needle priming cavity upon alignment of the rotating drum or cylinder with the needle priming cavity.
However, Grandy teaches a needle dispensing device (abstract, paragraph 1) comprising a needle loading mechanism (100, Fig. 8-13) that is a rotating cylinder (paragraph 20, 25, 56) holding multiple needles (10, Fig. 8) to release a needle when aligned with an actuating pin (52, Fig. 8) (paragraph 53-56).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tzou with the teachings of Grandy in order to provide a needle loading mechanism that is a rotating cylinder for the benefit of a compact structure, a simplified alignment of the container in the dispenser and simplified packaging of the needles as disclosed by Grandy (paragraph 20).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Tzou in view of US 20100191269 Kim.
Regarding claim 7, Tzou discloses the limitations of claim 1.
Tzou is silent on further comprising a locking mechanism to prevent dispensing of a dry needle from the dry needle outlet end when the locking mechanism is engaged.
However, Kim teaches an acupuncture device (abstract, paragraph 1) comprising a locking mechanism (1222-1, Fig. 24) for locking of button 1221 (Fig. 27, equivalent to a needle ejection mechanism) to prevent a needle (10, Fig. 2) from being discharged (paragraph 133).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tzou with the teachings of Kim in order to prevent the needle from being discharged when the needle ejection mechanism is pushed by accident by a user as disclosed by Kim (paragraph 133).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Tzou in view of US 6532390 Chu et al. (hereinafter Chu).
Regarding claim 8, Tzou discloses the limitations of claim 1.
Tzou is silent on further comprising one or more of a heat source, vibration source, or electrical pulse source in the device and connectable to the one or more dry needles ejected from the device.
However, Chu teaches an intramuscular stimulation device (abstract, Fig. 2) comprising an electrical pulse source (col. 10 line 15-23) that is connected to a needle (2, Fig. 1) for electrical stimulation into the body of a patient (col. 7 line 63-65, col. 9 line 23-32).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tzou with the teachings of Chu in order to provide electrical based therapy to relieve pain as disclosed by Chu (col. 1 line 8-18).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOA TAN LE whose telephone number is (703)756-1252. The examiner can normally be reached Monday - Friday 8am - 4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KHOA TAN LE/Examiner, Art Unit 3771 /MOHAMED G GABR/Primary Examiner, Art Unit 3771
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