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 .
Claim Objections
Claims 1 and 5 are objected to because of the following informalities:
Claim 1 "the pump" lacking an antecedent basis.
Claim 5 "a selector" has already been defined in a previous claim 3.
Appropriate correction is required.
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 1-10 are 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 “wherein it comprises” which is not clear what the “it” refers to.
Claim 1 recites “send it pressurized” which is not clear what the “it” refers to.
Claim 8 recites “it comprises” which is not clear what the “it” refers to.
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, 6-7 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DuBois et al (WO2020097560A1 or the equivalent of US20210379276A1).
Regarding claim 1 (as the claim best understood in light of the 35 USC 112 rejections above), DuBois teaches a washing device (figure 1; paragraph [0020]) for the ear, nose and throat and the like (paragraph [0063]) for use in a domestic context or in medical offices, wherein it comprises
a body (2) within which the components functional to the operation of the device are housed,
a container element (2) defining a tank for a saline solution (paragraph [0056]),
a cannula (6) for use by the individual for the washing operations (paragraph [0073]),
a cable (5) for connecting to the power supply network,
the pump (23) adapted to withdraw a saline solution from the container element and to send it pressurized (paragraph [0080],[0085]) to a heater means of the saline solution processed by the pump at a temperature between 35° and 38° C (see paragraph [0180]),
the body (2; paragraph [0074]) comprises an electronic control means (20; paragraph [0074]) of said pump and of said heating means (paragraph [0056])".
Regarding claim 2, DuBois teaches the heating means comprise a heat exchanger and an electronic probe driven by the electronic control means (“the device incudes a reservoir capable of holding or receiving an irrigant, a heating system, temperature controller, irrigant pump, and nasal interface wherein the irrigant is heated by the irrigant heating system to a temperature” [0016]).
Regarding claim 3, DuBois teaches the body externally comprises a switch for switching the device on/off, a selector for adjusting the temperature of the saline solution with a tolerance of +1C and means for indicating the operation of the device (“A temperature sensor 47 senses the temperature of the irrigant in the reservoir 44 and electrically communicates the information to a temperature controller 48, which adjusts the electrical power applied to a heater 36 to control the temperature of the irrigant in the reservoir 44.” [0078]).
Regarding claim 4, DuBois teaches the indicator means of the operation of the device comprise a display (see LCD Screen in Fig. 1).
Regarding claim 6, DuBois teaches the cannula, functional to allow a flow of the saline solution inside the otolaryngological cavity of the individual, comprises a tube connected to the heat exchanger of the body and a cap or tip stabilized to the tube on the opposite part with respect to that connecting to the body functional to an introduction into the otolaryngological cavity of the individual (“ the recirculating impeller 12 and the main impeller 23 to motivate irrigant to flow out of the recirculating impeller nozzle 13 and the irrigant nozzle 6” [0076]).
Regarding claim 7, DuBois teaches the cap or tip is rounded or "ogival" in shape, functional to an easy introduction inside the nasal cavity of the individual (see rounded irrigant nozzle 6 being rounded).
Regarding claim 9, DuBois teaches the container element defining a tank for a saline solution is arranged outside the body (“irrigants including water, saline, or water with solutions such as sodium chloride and sodium bicarbonate” [0044]; “irrigant therapy heating and pump device includes a reservoir to hold a source of irrigant such as water or saline solution” [0056]).
Regarding claim 10, DuBois teaches the container element defining a tank for a saline solution is integrated with the body (see fig. 1 and the associated pars).
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 DuBois in view of Bogan et al (US20190262559A1).
Regarding claim 5, DuBois teaches all the claimed limitations except for the touch-type display.
However, in the same field of endeavor, teaches therapeutic device for treating conditions of a user's nasal cavities, sinuses, and/or ear canals includes a housing which the user may hold to apply the therapeutic device to the user, the housing including an inlet that allows air to enter the therapeutic device (abst).
Housing 210 may be held by the user when using therapeutic device 120 to treat a sinus condition. Additionally, or alternatively, housing 210 may provide a chamber (e.g. when seal 220 is applied to the nasal interface) that may store a gas at a pressure and/or a medication to be delivered to a user to treat one or more of the conditions described herein. Additionally, or alternatively, one or more of the components of therapeutic device 120 may be permanently and/or removably mounted, installed and/or attached to housing 210 so that therapeutic device 120 may be more compact, convenient and/or be a one-piece design. Housing 210 may enclose one or more of the modules, discussed herein. Housing 210 may include a user interface 211 formed by one or more buttons, levers, displays, touch screens, dials, etc. with which the user may interact to control the therapeutic device (e.g. control vibration; control gas pressure, temperature, flow and/or humidity; medication delivery, etc.).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with touch screens as taught by Bogan because there is a need to treat this loss of Eustachian equilibrium that results from sudden changes in pressure ([0003] of Bogan).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over DuBois in view of Woon (KR100387323B1).
Regarding claim 8 (as the claim best understood in light of the 35 USC 112 rejections above), DuBois teaches all the claimed limitations except for it comprises an accessory element defined by a nozzle or tube for a flow of steam functional to a cleaning of the cannula.
However, in the same field of endeavor, Woon teaches the present invention relates to a mugwort steam inhaler. The mugwort steam is accumulated in the steam accumulating mechanism (2 in FIG. 1) by first adding mugwort or medicine to the internal mechanism of the hot water tank (1 of FIG. 2) of the present invention and pouring boiled water. Suction through the instrument (3 in FIG. 1) and the vapor inhalation mechanism (4 in FIG. 1) through the mouth. Instead of the nose and mouth through the steam intake mechanism (3 and 4 of Figure 1) there is a mugwort steam inhaler using the steam outlet, the suction tube (3 of Figure 5) and the vapor intake mask (4 of Figure 5). Through such a special mugwort steam inhaler can be more effectively inhaled mugwort, nasal cold, rhinitis, sinusitis, bronchitis can be treated (abst).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with as taught by Woon because it would help to more effectively inhaled mugwort, nasal cold, rhinitis, sinusitis, bronchitis can be treated (Abst of Woon).
Conclusion
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/SERKAN AKAR/ Primary Examiner, Art Unit 3797