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 .
Status of Claims
Currently claims 1, 3-4, 7, 11-12, and 14-20 are pending, claims 2, 5-6, 8-10 and 13 have been cancelled, claims 1, 12, 18, and 20.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/22/2025 has been entered.
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.
Claims 1, 3-4, 7, 11-12, and 14-20 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.
The term “dimly” in claim 1, 12, and 20 is a relative term which renders the claim indefinite. The term “dimly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The limitation “dimly lit area” has been rendered indefinite by use of the term “dimly” as it is unclear how much/little light there needs to be in an area for it to be defined as “dimly” lit.
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, 3-4 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klaus (DE 19945777A1) in view of Demirjian (U.S. 11,717,063), Allegaert (U.S. 2008/0083791), and Bouix (U.S. 2020/0406278)
With respect to claim 1, Klaus discloses a personal sprayer (see figures 1-8) comprising:
a body (figure 6, being the body of 10/14/8, being the bracelet/watch/and fluid reservoir) having a reservoir (8) to contain a solution (fluid within 8), wherein the body comprises an outer surface with a projection extending upwardly from the outer surface (the protrusion on which 3 is affixed) and a nozzle (3) positioned over the projection (as the spray head 3, is understood being a nozzle which is over a protrusion with a pump, such that when a user presses it fluid from the tube 4 is moved into the spray head and then sprayed out of the device: although the details of the spray head 3 are not shown, it is understood being a generic push spread head);
an opening in the body (opening in the bracelet), wherein the opening is sized and configured to accommodate a human wrist, such that the body encircles the human wrist (being a bracelet);
a flexible tube extending from the nozzle to the reservoir (4); and
the nozzle comprising a spray pump (spray pump within 4, not shown but well understood as how such spray nozzle’s function) configuration to dispense the solution from the reservoir after depressing the nozzle (as is well known in the function of a dip tube spray head), and
wherein the body further comprises a timing mechanism (disclosing a watch with a clock). Klaus fails to disclose a flexible drip nipple, the timing mechanism comprising an alarm, the body further comprising a visible light source for illuminating a dimly lit area, and wherein a top surface of the nozzle comprises a finger groove.
Allegaert, figure 1 and paragraph 0006, discloses a nipple 6 of the valve which is noted being made of polyethylene that is flexible, this allows for a connecting between the tube and nipple to prevent leakage (paragraph 0019).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the nipple of Allegaert (understood as flexible by the material taught that it’s made out of being polyethylene) into the system of Klaus allowing for the desired fluid tight connecting between the valve and the tube. Furthermore, the fluid within the system that is not pumped would be understood as flowing (or dripping) back into the nipple)
Demirjian, column 18 rows 17-35, discloses the use of an alarm in a watch, allowing for there to be an alarm that activates after a set period of time as desired by a user. Furthermore, Demirjian discloses a flashing light used with the digital display, allowing for the user to be alerted visually to an alarm
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an alarm in the watch as disclosed by Demirjian into the system of Klaus, as one would know to put alarms in wristwatches and doing so allows a user to then have an included alarm in their timepiece, as well as a flashing light to further indicated to a user when an alarm has happened. The application of the flashing light would illuminate an area around the user that is “dimly lit” when it goes off.
Bouix, paragraph 0018, discloses an actuated nozzle has a finger groove to aid in operation.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a finger groove in a nozzle such as in Bouix into the system of Klaus, allowing for improved operational aid in pressing the actuator of the spray pump.
With respect to claim 3, Klaus discloses the solution is a sanitizing solution (paragraph 2 discloses the use of mouthwash, understood as a sanitizing solution for one’s mouth, further noting that other liquids are known to be used therein).
With respect to claim 4, Klaus discloses the sanitizing solution comprises at least one of a cleaning compound, a sanitizing compound a disinfecting compound or a combination thereof (mouthwash understood as being a cleaning/disinfecting compound for one’s mouth).
With respect to claim 11, Klaus discloses the body further comprises a gauge for determining a level of the solution remaining in the reservoir (paragraph 0032 discloses that there is a viewing window formed to see the level of liquid within the tank 8).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klaus, Demirjian, and Allegaert in view of Nanda (U.S. 2007/0289993).
With respect to claim 7, Klaus discloses the timing mechanism but fails to disclose the timing mechanism is activated upon a depression of the nozzle.
Nanda, paragraph 0026 and 0030, discloses the actuation (depression) of the discharge nozzle activations contemporaneously the actuation device, activates a timing cycle which prompts a light to flash after a timing period has expired, indicating to the user that he/she has performed a particular task (washing hands, rinsing with mouthwash) for a recommended period of time.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the timing mechanism to be activated upon the depression of the nozzles as taught by Nanda into the system of Klaus, allowing a user to be indicated when they have performed a particular task, such as rinsing with mouthwash.
Claim(s) 12, and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klaus in view of Crawford (U.S. 2021/0353788), Allegaert, Houlihan (U.S. 5,260,915), Bouix, Demirjian, and Ciavarella (U.S. 2012/0138637)
With respect to claim 12, Klaus discloses A wrist worn sanitizing device comprising:
a body (figure 6, the noted bracelet 10, watch, and 8) comprising a continuous opening (opening within bracelet 10), an interior reservoir (within 8) and an exterior surface (exterior of 8), wherein the continuous opening is sized and configured to be receive a wrist of a wearer (as the bracelet is sized to fit a wrist);
a sanitizing solution contained in the interior reservoir (fluid with 8, noted as mouthwash);
a spray nozzle (3) provided on the exterior surface of the body (as seen in figures 14-17), wherein the spray nozzle is connected to a flexible tube (tube 4) running from the spray nozzle to a bottom portion of the reservoir (as seen in figure 1), and further wherein the spray nozzle has a pump action to withdraw the sanitizing solution from the reservoir to dispense through the spray nozzle (as the nozzles shown is a well-known spray nozzles where pressing on 3 activates a pump to bring fluid from the tube 4 into the nozzle and sprayed). Klaus fails to disclose a cap connected to a tether, a flexible drip nipple valve, or a padded bottom surface of the body, the body further comprises a visible light source for illuminating a dimly lit area; and wherein the spray nozzle is threadedly securable to a protrusion on a top surface of the body; and wherein a top surface of the spray nozzle comprises a finger groove.
Crawford, figure 7b and paragraph 0069, discloses the use of a tether and that of a flange for attaching a port plug to the housing.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the tether of Crawford with a cap (plug) into the system of Klaus, allowing the cap (plug) of Klaus to be tethered to the structure so not to be lost when it is opened from opening 6.
Allegaert, figure 1 and paragraph 0006, discloses a nipple 6 of the valve which is noted being made of polyethylene that is flexible, this allows for a connecting between the tube and nipple to prevent leakage (paragraph 0019).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the nipple of Allegaert (understood as flexible by the material taught that it’s made out of being polyethylene) into the system of Klaus allowing for the desired fluid tight connecting between the valve and the tube. Furthermore, the fluid within the system that is not pumped would be understood as flowing (or dripping) back into the nipple)
Houlihan, column 2 rows 45-57, discloses using soft padding on the inside of a wristwatch to cushion the apparatus on the wrist.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include padding on the inside (bottom) surface of the body as disclosed by Houlihan into the system of Klaus, as this would make the apparatus cushioned against one’s wrist and thus more comfortable to wear.
Demirjian, column 18 rows 17-35, discloses the use of an alarm in a watch, allowing for there to be an alarm that activates after a set period of time as desired by a user with a flashing light used with the digital display, allowing for the user to be alerted visually to an alarm
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an alarm in the watch as disclosed by Demirjian into the system of Klaus, as one would know to put alarms in wristwatches and doing so allows a user to then have an included alarm in their timepiece, as well as a flashing light to further indicated to a user when an alarm has happened. The application of the flashing light would illuminate an area around the user that is “dimly lit” when it goes off.
Bouix, paragraph 0018, discloses an actuated nozzle has a finger groove to aid in operation.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a finger groove in a nozzle such as in Bouix into the system of Klaus, allowing for improved operational aid in pressing the actuator of the spray pump.
Ciavarella, paragraph 0027, discloses the use of threads to mate the body with that of the housing of the pump and tip.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize threads between the body of the wearable device and that of the tip and pump as disclosed by Ciavarella into that of Klaus with their protruding top and body, allowing the two to be affixed in a known and used manner allowing for easy removal as would be well known when affixing two elements together by a threaded connection.
With respect to claim 14, Klaus discloses the sanitizing solution comprises a select one of a cleaning compounds, a sanitizing compound, a disinfecting compound or a combination thereof (disclosing a cleaning/disinfecting compound of a mouthwash).
With respect to claim 15, Klaus discloses the body is comprised of a transparent material, a semi-transparent material or an opaque material (paragraph 0032).
With respect to claim 16, Klaus discloses the body is manufactured from a flexible material, a semi-rigid material, or a rigid material (paragraph 0021, being made from plastic).
With respect to claim 17, Klaus discloses the body comprises an indicia selected from a group consisting of a pattern, a logo, an emblem, an image, a symbol, a design, a letter, a word, a character, an animal, an advertisement, a brand or a combination thereof (paragraph 0017 discloses the body having a design, further noting there is a watch that includes numbers/symbols to tell time).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klaus and Crawford as applied to claim 12 above , and further in view of Chacon (U.S. 2020/0245822).
With respect to claim 18, Klaus discloses the body further comprises a timing mechanism (watch) but fails to disclose further comprising a light.
Chacon, paragraph 0018, discloses their hygiene solution further including an ultraviolet light, which allows for a bacertia0detecting light source 25 near a nozzle to detect bacteria. Noting that the device utilizes a nozzle and light on a watch to indicate where bacteria are, and utilizing a wide range of hygiene solutions (paragraph 0012).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a UV light such as taught in Chacon onto the assembly of Klaus, allowing the user to detect bacteria with the watch on a surface.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klaus and Crawford as applied to claim 12 and further in view of Nanda (U.S. 2007/0289993).
With respect to claim 12, Klaus discloses the timing mechanism but fails to disclose the timing mechanism is activated upon a depression of the nozzle.
Nanda, paragraph 0026 and 0030, discloses the actuation (depression) of the discharge nozzle activations contemporaneously the actuation device, activates a timing cycle which prompts a light to flash after a timing period has expired, indicating to the user that he/she has performed a particular task (washing hands, rinsing with mouthwash) for a recommended period of time.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the timing mechanism to be activated upon the depression of the nozzles as taught by Nanda into the system of Klaus, allowing a user to be indicated when they have performed a particular task, such as rinsing with mouthwash.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klaus in view of Crawford, Demirjian, Houlihan , Ciavarella, and Allegaert.
With respect to claim 20, Klaus discloses a bracelet sanitation sprayer comprising:
a bracelet (10, including 8) comprising a continuous opening therein (where one’s wrist goes), an outer surface (the outer surface of 10, and the elements thereon) and an inner reservoir for holding a sanitizing solution (noted at 8), wherein the continuous opening is sized and configured to accommodate a wrist of a wearer (being a bracelet for one’s wrist);
a spray nozzle (3) disposed on the outer surface of the bracelet (figure 1), wherein the spray nozzle is connected to a flexible tubing extending from the nozzle to a bottom of the reservoir (tube 4), wherein the spray nozzle is a pump action spray nozzle to draw the sanitizing solution from the reservoir to the spray nozzle (as is well known in such a spray nozzle such as 3, where it is pressed, fluid comes via a pump from tube 4 to be sprayed by 3);
a timing mechanism (watch 14) and a gauge (viewing window, paragraph 0032); but fails to disclose a cap tethered to the bracelet; a visible light source for illuminating a dimly lit area, an alarm, a padded bottom surface, or that the body further comprises a flexible drip nipple valve, the spray nozzle comprises a threaded base configured to mate with a threaded protrusion on a top surface of the body, and where the body is a recycled plastic body.
Crawford, figure 7b and paragraph 0069, discloses the use of a tether and that of a flange for attaching a port plug to the housing.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the tether of Crawford with a cap (plug) into the system of Klaus, allowing the cap (plug) of Klaus to be tethered to the structure so not to be lost when it is opened from opening 6.
Allegaert, figure 1 and paragraph 0006, discloses a nipple 6 of the valve which is noted being made of polyethylene that is flexible, this allows for a connecting between the tube and nipple to prevent leakage (paragraph 0019).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the nipple of Allegaert (understood as flexible by the material taught that it’s made out of being polyethylene) into the system of Klaus allowing for the desired fluid tight connecting between the valve and the tube. Furthermore, the fluid within the system that is not pumped would be understood as flowing (or dripping) back into the nipple)
Houlihan, column 2 rows 45-57, discloses using soft padding on the inside of a wristwatch to cushion the apparatus on the wrist.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include padding on the inside (bottom) surface of the body as disclosed by Houlihan into the system of Klaus, as this would make the apparatus cushioned against one’s wrist and thus more comfortable to wear.
Crawford, figure 7b and paragraph 0069, discloses the use of a tether and that of a flange for attaching a port plug to the housing.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the tether of Crawford with a cap (plug) into the system of Klaus, allowing the cap (plug) of Klaus to be tethered to the structure so not to be lost when it is opened from opening 6.
Demirjian, column 18 rows 17-35, discloses the use of an alarm in a watch, allowing for there to be an alarm that activates after a set period of time as desired by a user. Furthermore, Demirjian discloses a flashing light used with the digital display, allowing for the user to be alerted visually to an alarm
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an alarm in the watch as disclosed by Demirjian into the system of Klaus, as one would know to put alarms in wristwatches and doing so allows a user to then have an included alarm in their timepiece, as well as a flashing light to further indicated to a user when an alarm has happened. The application of the flashing light would illuminate an area around the user that is “dimly lit” when it goes off.
Ciavarella, paragraph 0027, discloses the use of threads to mate the body with that of the housing of the pump and tip.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize threads between the body of the wearable device and that of the tip and pump as disclosed by Ciavarella into that of Klaus with their protruding top and body, allowing the two to be affixed in a known and used manner allowing for easy removal as would be well known when affixing two elements together by a threaded connection.
Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the body out of recycled plastic, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07. Please note in the instant application, applicant has not disclosed any criticality for the claimed limitation.
Response to Arguments/Amendments
The Amendment filed (09/22/2025) has been entered. Currently claims 1, 3-4, 7, 11-12, and 14-20 are pending, claims 2, 5-6, 8-10 and 13 have been cancelled, claims 1, 12, 18, and 20. Applicants amendments to the claims has overcome each and every rejection previously set forth in the Office Action dated (05/23/2025). Applicant’s arguments, see Applicants Arguments, filed 09/22/2025, with respect to the previous rejection have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the above rejections. The amendments overcame the previous 103, but all newly added limitations were found in the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST.
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/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752