DETAILED ACTION
This Office Action is in response to the filing of a Request for Continued Examination (RCE) and amendments therein on 1/05/2026. As per the amendments, claims 1, 6, 8, and 20 have been amended and no claims have been added or cancelled. Thus, claims 1-2, 6, 8-10, 14, 16-21, and 24-26 are pending in the application.
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/05/2026 has been entered.
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.
Claims 1-2, 6, 9, 14, 16-19, and 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over Oechsel (US Pat. 6,427,680) in view of Thompson et al. (US Pub. 2013/0338521) in view of Taylor et al. (US Pub. 2011/0144588) in view of Taylor et al. (US D670,373; hereinafter “Taylor ‘373’”).
Regarding claim 1, Oechsel discloses a nasal spray/spout nozzle for nasal administration (see the nasal dispenser device of Fig. 1), comprising: a tip portion (cylinder 210 fitted onto end 110 in Fig. 1) having a nozzle exit port (orifice 111 in Fig. 1); and a nose rest capable of abutting on a nose region around an external naris (applicator 200, including bearing piece 201 in Fig. 1; see Col. 3 lines 58-60), wherein, in a top plan view of the nasal spray or spout nozzle, an axis of the tip portion and a center of the nose rest have an eccentric relationship with each other such that they are offset from each other (see Fig. 3 where an axis of the tip is the center of cylinder 210, and the bearing piece 201 is offset so as to have an off-center axis), in a top plan view of the nasal spray/spout nozzle, an outer contour of the tip portion has a non-surround part where a part of the outer contour of the tip portion is not surrounded by an outer contour of the nose rest (see Fig. 3 where bearing piece 201 has a portion that does not surround cylinder 210).
Oechsel lacks a detailed description of wherein contour parts situated at both sides of the non-surround part in the outer contour of the nose rest are in a form of arc.
However, Thompson teaches a nasal delivery device, where an interfacing member has a non-surround part which has arced contours on either side (see Figs. 1A-1D where a fluid delivery section (central portion 108 and securing device 110) has two arced side members (tab portions 106) on the sides of the delivery section, and an upper section above central portion 108 where there is no surrounding contour parts).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the nose rest of Oechsel to have arced contour segments on either side of the non-surround part as taught by Thompson, as it would be a simple substitution of one shape of nose rest for another, to yield the predictable result of having a contoured nose rest portion that is still able to limit insertion into the nose.
The modified Oechsel device lacks a detailed description of the outer contour of the nose rest has a part where a part of the outer contour at one side of the outer contour and another part of the outer contour at a second side of the outer contour, which are opposed to each other, are different in curvature from each other.
However, Taylor teaches a nasal spray device with a top surface about a nozzle tip (see Figs. 1-5 where top surface 144 is about the nozzle 124, offset to the top end of the top surface 144, with the top surface being angles), having an outer contour on a first side and a second side, opposite to each other (see Fig. 1 where a first side is on the left-most edge where the nozzle 124 is closest to an outer circumference of top surface 144, and a second side is the right-most side furthest from nozzle 124), and having different curvature from each other (see Figs. 1-5 where the two sides have a different curvature which forms their outer contour).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bearing piece of the modified Oechsel device to be angled and offset relative to the nozzle, such that the left and right sides have different curvature as taught by Taylor, as it would provide an offset and angled surface with a shorter side and a longer side in order to more comfortable fit into the user’s nostril (Taylor; see [0036]).
The modified Oeschel device lacks a detailed description of where the outer contours of the nose rest are seen from a top plan view of the nasal spray or spout nozzle.
However, Taylor ‘373 teaches a shape for a handheld irrigation style device, where a top view shows an upper surface of a nose rest area that has different opposing contours with different curvature (see Figs. 6-7, the egg-shaped upper surface with differing opposing contours on the left-right sides).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the bearing piece of the modified Oeschel device to have opposing contours with different curvatures when viewed from a top view as taught by Taylor ‘373, as it would be a simple substitution of one shape of circumferentially curved bearing piece for another shape, to yield the predictable result of providing a bearing piece to act as a nose rest. It is further noted that the particular curvature appears to lack any criticality. Additionally, the Taylor ‘373 reference is also noted to be from the same inventor and assignee as the other Taylor reference, and is directed towards the same or at least substantially similar device such that it would be obvious for a person using the Taylor reference to apply teachings with regards to shape and design from the Taylor ‘373 reference for any shared structure.
Regarding claim 2, the modified Oechsel device has wherein, in a top plan view of the nasal spray/spout nozzle, an outer contour of the nose rest surrounds at least a part of an outer contour of the tip portion (Oechsel; see Fig. 1 where cylinder 210 is contoured to fit with the modified bearing piece 201).
Regarding claim 6, the modified Oechsel device has wherein an ejection direction of the nozzle exit port forms an angle with respect to an axis of the nasal spray or spout nozzle (Oechsel; see Fig. 1 where orifice 111 has an angle with respect to any axis of the device (e.g. a zero degree angle with respect to a longitudinal axis, or a 90 degree angle with respect to a transverse axis)).
Regarding claim 9, the modified Oechsel device has the tip portion and the nozzle exit port.
The modified Oechsel device lacks a detailed description of wherein the tip portion has a taper part that is gradually tapered toward the nozzle exit port.
However, Taylor further teaches a nasal spray device, where a cap member has a taper part that reduces a diameter of the cap toward the distal end (see Figs. 1-5 where nozzle 124 tapers to a reduced diameter).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the nose rest and nozzle exit port of the modified Oechsel device to reduce in diameter as taught by Taylor, as it would allow for the spray head tip to more easily fit into the nostril of the user and reach further back due to its conical shape.
Regarding claim 14, the modified Oechsel device has a finger rest configured for accepting a finger (Oechsel; see Fig. 1 the outward extending parts on the base of the device, opposite the orifice 111, upon which fingers would be placed during use).
Regarding claim 16, the modified Oechsel device has being configured to apply a sprayed or spouted agent to target region that is a respiratory region of a subject to be treated (Oechsel; see Col. 4 lines 28-31).
Regarding claim 17, the modified Oechsel device has being configured to apply a sprayed or spouted agent to a target region that is a nasopharynx region of a subject to be treated (Oechsel; see Col. 4 lines 28-31).
Regarding claim 18, the modified Oechsel device has being configured to apply a sprayed or spouted agent to a target region that is an olfactory region of a subject to be treated (Oechsel; see Col. 4 lines 28-31).
Regarding claim 19, the modified Oechsel device has an upper exhaust airless-type spray or spout device, comprising the nasal spray or spout nozzle according to claim 1 (the device of Fig. 1 of Oechsel, as modified).
Regarding claim 24, the modified Oechsel device has wherein a shape of the nose rest is not angular in a top plan view (Taylor; see Fig. 1 where a first side is on the left-most edge and a second side is the right-most side modify the shape of the bearing piece of Oechsel, such that the curvature is not angular).
Regarding claim 25, the modified Oechsel device has wherein, in the outer contour of the nose rest, the part at the one side of the outer contour is in a form of a gentler curve than that of another part at the other side of the outer contour (Taylor; see Fig. 1 where a first side is on the left-most edge which forms a sharper curvature with relation to the nozzle, and a second side is the right-most side forms a gentler curvature relative to the nozzle, as modifying the shape of the bearing piece of Oechsel).
Regarding claim 26, the modified Oechsel device has being configured so the nose rest is usable in a reversed orientation (the modified Oechsel device having a nozzle member such that it is capable of being used when rotated 180 degrees, such that the modified bearing piece still prevents the tip from going too far into the nozzle).
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Oechsel in view of Thompson in view of Taylor in view of Taylor ‘373 as applied to claim 1 above, and further in view of Mehta (US Pat. 9,861,737).
Regarding claim 8, the modified Oechsel device has the nasal spray or spout nozzle of some length.
The modified Oechsel device lacks a detailed description of wherein, in a lateral plan view of the nasal spray or spout nozzle, a length dimension of the tip portion is in a range from 10 25 mm.
However, Mehta teaches a similar nasal spray device, where wherein, in a lateral plan view of the nasal spray/spout nozzle, a length dimension of the tip portion is 10 mm to 25 mm (see Col. 6 lines 20-25).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the length of the nozzle tip of the modified Oechsel device to be 20 mm as taught by Mehta, as it would be an anatomically appropriate length for insertion into the nose.
Regarding claim 10, the modified Oechsel device has wherein an end face of the tip portion provided with the nozzle exit port (Oechsel; see Fig. 1 orifice 111 ).
The modified Oechsel device lacks a detailed description of wherein an end face of the tip portion has a diameter in a range from 3 mm to 10 mm, the end face being provided with the nozzle exit port.
However, Mehta teaches wherein an end face of the tip portion has a diameter of 3 mm to 10 mm, the end face being provided with the nozzle exit port (see Col. 9 lines 15-20).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the diameter of the nozzle tip of the modified Oechsel device to be 4 mm as taught by Mehta, as it would be an anatomically appropriate diameter for insertion into the nose.
Claims 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Oechsel in view of Thompson in view of Taylor in view of Taylor ‘373 as applied to claim 1 above, and further in view of Gatton, Jr. et al. (US Pub. 2002/0174865; hereinafter ‘Gatton’).
Regarding claim 20, the modified Oechsel device has a spray or spout device, comprising the nasal spray or spout nozzle according to claim 1 (see above rejection of claim 1, see also Oechsel the device of Fig. 1 and Col. 5 lines 10-15 where an actuation occurs via a pushable pressure handle).
The modified Oechsel device lacks a detailed description of a syringe-type spray/or spout device.
However, Gatton teaches a similar nasal spray device, which is a syringe type (see Figs. 1-3).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the actuation mechanism of the modified Oechsel to be a syringe as taught by Gatton, as it would be a simple substitution of one actuation mechanism for another, to yield the predictable result of expelling a spray of fluid into the nose.
Regarding claim 21, the modified Oechsel device has wherein a syringe body to which the nasal spray or spout nozzle is attached comprises a finger rest (Gatton; see Fig. 1 where the base of syringe 40 has a flange member which can be a finger rest).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record. Specifically, newly applied references of Taylor ‘373 is applied to teach the claim amendment.
More particularly, the applicant argued that the previously applied Taylor reference may have has opposing contours with different curvature, but had no disclosure directed to those different curvatures existing when view from a top view. The argument is not well-taken. As seen in the newly applied Taylor ‘373 reference, a top view can have opposing contours of different curvature, as required by the amended claim language. Furthermore, Examiner notes that Taylor ‘373 is the same inventor and assignee as the previously applied Taylor reference, and is directed towards substantially the same type of device as the previous Taylor reference. Thus, a person of ordinary skill in the art, looking for additional information on the shape/ design of the Taylor reference, would readily look to the Taylor ‘373 reference for those shapes/ designs, such as curvature.
Thus, the rejections hold.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D ZIEGLER whose telephone number is (571)272-3349. The examiner can normally be reached Mon-Fri 10:00-6:00.
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/MATTHEW D ZIEGLER/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785