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
Claims 7-9 and 16-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Species II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 14, 2025.
Applicant’s election without traverse of Species I, Figures 1-7, claims 1-6, and 10-15 in the reply filed on October 14, 2025 is acknowledged. In applicant’s response, they elected all of the claims 1-18 as being drawn to Species I, however, claims 7-9 and 16-18 are drawn to Species II and have been withdrawn.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 2, 3, 10, 11 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2010/0222752 A1(Collins, Jr. et al).
As to claim 1, Collins, Jr. et al ‘752 discloses a liquid spray nozzle 110 comprising a nozzle hole 1520 configured to spray a liquid to an object(a person’s eye); a liquid flow channel 1410/2046 communicated with the nozzle hole; and a filter/wick 2046 disposed in the liquid flow channel, see paragraph [0240]; wherein the entire filter and entire liquid flow channel from the filter to the nozzle hole forms an antibacterial part, see paragraph [0240] where the wick acts as a filter to prevent introduction of bacteria with an ionic silver coating and wherein silver ion coating is provided for the wick filter and the wick passage/liquid flow channel, see paragraph [0241]. See Figures 1-11 and 28-38 and Paragraphs [0015-0020], [0105-0114], [0142-0153], and [0205-0241].
As to claim 2, see paragraph [0240] and ionic silver coating for the filter.
As to claim 3, see paragraph [0241] and the liquid flow channel/passage of the wick being formed with a silver ion coating.
As to claims 10-12, see liquid spray device 100, and a liquid supply device 120 configured to supply the liquid spray nozzle with the liquid, see paragraphs [0110-0114].
Allowable Subject Matter
Claims 4-6 and 13-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bougamont et al(US 6,234,365 B1) and Mock et al(US 2023/0311149 A1) disclose liquid spray devices with antibacterial parts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J GANEY whose telephone number is (571)272-4899. The examiner can normally be reached M-F 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/ Primary Examiner, Art Unit 3752