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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/15/2026 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the flexible plastic component comprises a suction region with at least one suction opening or pore for saliva and forms part of an outlet opening towards the suction hose “ and “ a length of the plastic moulding which forms the remainder of the outlet opening is composed of the rigid plastic component from the outlet opening” as recited in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5 and 7-19 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “the flexible plastic component comprises a suction region with at least one suction opening or pore for saliva and forms part of an outlet opening towards the suction hose” and “a length of the plastic moulding which forms the remainder of the outlet opening is composed of the rigid plastic component from the outlet opening”. However, the specification discloses on page 6, lines 28-30 “the flexible plastic component comprises a suction region with at least one suction opening or pore for saliva and an outlet opening towards the suction hose” and on page 7, lines 8-9. “the rigid component extends at least partially or completely around the outlet opening and keeps the outlet opening stretched open”, which in interpreted as the flexible plastic component includes an outlet opening and the rigid component extends at least partially around the outlet opening. There is no support for an embodiment where the outlet opening is part flexible plastic material and the remainder is the rigid plastic material as claimed. Claims 2-5 and 7-19 are rejected based on claim dependency on claim 1.
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 1-5 and 7-19 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 1 recites “a plastic moulding made of injection moulding, comprising a coupling for the connection to a suction hose”, it is unclear if the coupling is a part of the plastic moulding or an additional component of the saliva aspirator. For the purpose of examination, the limitation is interpreted as the coupling is a part of the plastic moulding.
Claim 1 recites “the rigid plastic component has a hardness greater than the flexible plastic component and comprises the coupling”, it is unclear how the rigid plastic component can include the coupling which is already disclosed as being a part of the saliva aspirator, is the coupler just part of the rigid plastic component or is the coupler a separate component of the plastic moulding that shares the same material as the rigid plastic component. For the purpose of examination, the limitation is interpreted as the coupler is a part of the rigid plastic component.
Claim 1 recites “a length of the plastic moulding which forms the remainder of the outlet opening is composed of the rigid plastic component from the outlet opening to an opposite closed end”, it is unclear if the outlet opening extends from the outlet opening to an opposite closed end or if the rigid plastic component comprises the rest of the outlet opening and extends from the outlet opening to the opposite closed end. For the purpose of examination, the rigid plastic component is interpreted as comprising the rest of the outlet opening and extending from the outlet opening to the opposite closed end.
Claims 2-5 and 7-19 are rejected based on claim dependency on claim 1.
Claim 3 recites the limitation "the rigid plastic". There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites “an adapter, wherein the adapter is fabricated of the rigid plastic”, however it is unclear how this relates to the plastic moulding and the coupling. Further clarification is required
Claims 15-16 are rejected based on claim dependency on claim 3.
Claim 7 recites “a hollow chamber” it is unclear if this is the same hollow chamber as recited in previous claim 1. For the purpose of examination, the hollow chamber is considered the same in both claims 1 and 7.
Claim 7 recites “the suction region is formed by a hollow chamber which is closed on all sides apart from the at least one suction opening or pore and the outlet opening”, however claim 1 recites “the flexible plastic component comprises a suction region”, “the plastic moulding is curved and has a radius of curvature extending transversely to its longitudinal direction and is a hollow chamber, extending longitudinally as a curved cylinder”, and “both the rigid plastic component and the flexible plastic component together form the curved cylinder, the flexible plastic component forming a convex area of the curved cylinder and the rigid plastic component forming a concave area of the curved cylinder”, it is unclear how the suction region, which is disclosed as being the flexible plastic component, forms all sides of the hollow chamber, when it is previously disclosed that the plastic moulding is the hollow chamber extending longitudinally as a curved cylinder and the curved cylinder is formed from both the flexible plastic component and rigid plastic component. Clarification is required.
Claim 8 recites the limitation "the flexible component" . There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the rigid component and the flexible component". There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites “a tongue holder extends in extension of a highly oval or elliptical cross- section of the suction region”, it is unclear how a tongue holder extends from the suction region, does the tongue holder extend from an outer perimeter of the suction region or along the length of the suction region and how does this relate to the plastic which is a curved cylinder that includes both a rigid plastic component and a flexible plastic component. Clarification is required.
The term “highly oval or elliptical” in claim 11 is a relative term which renders the claim indefinite. The term “highly” 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. It is unclear if highly oval or elliptical is associated to a specific dimensions or exaggerations to the shape and if so to what degree. Clarification is required.
Claim 12 recites “the suction region has a cross-section which dimension is substantially constant over its longitudinal extension up to the outlet opening, which cross-section is larger than a free flow cross-section of the suction hose”, it is unclear how the suction region has a cross section that is constant over the longitudinal extension to the outlet opening, when the suction region is defined as part of the flexible plastic component and the plastic moulding which has the cross section that defines the hollow chamber along the curved cylinder includes both the rigid plastic component and the flexible plastic component. Clarification is required.
Claim 13 recites the limitation "the rigid component" There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the tongue holder” There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites “the suction region has, on a side opposite the tongue holder or the rigid component, a structure profile with ribs or projections, with a profile height which is substantially the same over a course of the side” it is unclear how the tongue holder or rigid component relate to the suction region which is disclosed as being a part of the flexible plastic component.
Claims 14 and 19 are rejected based on claim dependency on claim 13.
Claim 15 recites the limitation "the rigid plastic". There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites “ the adapter is configured for positive connection to the plastic moulding and/or positively connected to the suction hose via the coupling”, it is unclear if the adapter is positively connected to the suction hose and the plastic moulding or if the adapter is configured for positive connection to the plastic moulding and/or the plastic moulding is positively connected to the suction hose via the coupling. For the purpose of examination, the limitation is interpreted as the adapter positively connects to the suction hose and the plastic moulding or the plastic moulding positively connects to the suction hose via the coupling.
Claim 17 recites “the suction hose”, it is unclear if the suction hose is part of the saliva aspirator as it is previously introduced “for connection to a suction hose”. For the purpose of examination, the suction hose is considered a component of the saliva aspirator.
Claim 17 recites the limitation "the adapter". There is insufficient antecedent basis for this limitation in the claim.
Claim 18 is rejected based on claim dependency on claim 17.
Reasons for Allowance
Claims 1-5 and 7-19 are would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 1, the prior art of record fails to disclose or render obvious a saliva aspirator comprising a plastic moulding with flexible plastic component and rigid plastic component, where the rigid plastic component has a hardness greater than the flexible plastic component, the flexible plastic component comprises a suction region with at least one suction opening or pore for saliva and forms part of an outlet opening towards the suction hose and a length of the plastic moulding which forms the remainder of the outlet opening is composed of the rigid plastic component from the outlet opening and the flexible plastic component forms part of an outlet opening towards the suction house and the rigid plastic component forms the remainder of the outlet opening, wherein both the plastic moulding if a curved with a radius of curvature extending transversely to its longitudinal direction and is a hollow chamber extending longitudinally as a curved cylinder, wherein both the rigid plastic component and the flexible plastic component together form the curved cylinder, the flexible plastic component forming a convex area of the curved cylinder and the rigid plastic component forming a concave area of the curved cylinder in combination with all additionally recited claim limitations. Claims 2-5 and 7-19 are indicated allowable subject matter based on claim dependency on claim 1.
Conclusion
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/S.N.B./Examiner, Art Unit 3772
/HEIDI M EIDE/Primary Examiner, Art Unit 3772
6/15/2026
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