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
Applicant's election with traverse of Group I (apparatus) and species a (claims 20-25, 27-29, 36-39) in the reply filed on 1/6/2026 is acknowledged. The traversal is on the ground that the claimed product and the claimed methods cannot be practiced with another materially different product or process. This is not found persuasive because the product does not require positioning the treatment assembly within the bottle with the inlet toward a bottom of the bottle, and the product could be practiced with another process such as drinking water filtration or providing filtration for fluids received from an evacuator for instance.
The requirement is still deemed proper and is therefore made FINAL.
Claims 26, 30-35 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/6/2026.
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.
Claim 24 is 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 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 24 states that the housing barrel is removably connected to an adjacent component using tabs configured to mate with corresponding receiver slots, such that the treatment assembly can be assembled and disassembled without the use of tools. However, the recitation of tabs and receiver slots is only found in [0159] of the specification as originally filed, and there is no disclosure that this engagement can be assembled/disassembled without the use of tools. It is noted that similar engagement means of locking clip 36 in slot 48 in [0142] is stated to utilize a screwdriver or similar tool.
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 20-21, 23, 26-29, 36-39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hammarback (US 2017/0348448).
Hammarback shows a dental water supply system (Fig. 2), comprising a bottle configured to contain water for a dental water supply (11 in Fig. 2; [0042]); a treatment assembly (Fig. 8) configured to be positioned within the bottle (Fig. 2), the treatment assembly comprising an interior channel extending between an inlet and an outlet (channel holding material 68); a housing (structure surrounding the channel in Fig. 8) containing at least one of a silver-containing composition and an iodinated composition configured to treat water passing through the interior channel ([0007] discusses both iodine resin and silver compositions); and a twist lock fitting at the outlet configured to engage with a mating structure through a rotational motion to secure the treatment assembly to the mating structure without the use of tools (threading above 42 in Fig. 4 twists/rotates in complementary threading of 17 to lock/secure in position; capable of being attached without tools due to the threaded engagement). With respect to claim 21, wherein the treatment assembly further comprises a lower end cap at the inlet (at 59 in Fig. 8), the lower end cap defining one or more intake holes (near 64 and 67 in Fig. 8) opening from an exterior surface of the lower end cap to the interior channel (through 64 from 51). With respect to claim 23, wherein the treatment assembly further comprises one or more housing barrels connected in series (at 53 in Fig. 8), each housing barrel defining a portion of the interior channel and configured to contain a filtration or treatment composition (as seen in Fig. 8). With respect to claim 27, wherein the housing comprises a carbon portion configured to remove halogen ions from water passing through the interior channel before the water contacts the iodinated composition ([0045] discusses using charcoal, which is comprised of carbon, and therefore will remove halogen ions from water passing therethrough before reaching the silver media). With respect to claim 28, wherein the bottle comprises an upper bottle portion (cap 17) and a lower bottle portion (11) separable from the upper bottle portion at a sealed joint (sealed at 27 by twist locking the threads as seen in Fig. 4), the sealed joint providing for the upper bottle portion to be separated from the lower bottle portion by a user to access the treatment assembly (disassembly allows access to the treatment assembly since the treatment assembly has a smaller cross section than the opening of 11). With respect to claim 29, wherein the treatment assembly has a cross-section (cross section of 43) greater than an opening through a neck of the bottle (neck of bottle is the cap 17 with opening 36, which is seen in Fig. 4 as being smaller than the cross-section of the treatment assembly), such that the treatment assembly is accessible for maintenance or replacement when the upper bottle portion is separated from the lower bottle portion (unscrewing and separating 26 from 17 allows access to the treatment assembly due to the opening of 13 being larger than the cross-section of the treatment assembly).
Apparatus claims 36-39 are rejected similarly to the above, as they have the same limitations minus the bottle and treatment composition. While it is noted that the water treatment composition of claim 39 is not positively recited, the treatment assembly of Hammarback utilizes silver-containing/iodinated composition as addressed above.
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 22 are rejected under 35 U.S.C. 103 as being unpatentable over Hammarback in view of Thomas (US 2022/0008177).
Hammarback discloses the device as previously described above and shows a filter positioned within the interior channel adjacent to the lower end cap (at 67 in Fig. 8) and that the filter configured to filter suspended particulate matter from water entering the interior channel ([0045]), but fails to show that the filter is a fiber filter.
Thomas similarly teaches a dental water filter device wherein a filter may be constructed of fibers ([0044]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Hammarback’s device by utilizing known alternative fiber construction as taught by Thomas in order to take advantage of known alternative filter types in the art.
Claims 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Hammarback in view of Ghazaryan (US 2020/0093581).
Hammarback discloses the device as previously described above and that the barrel housing is removably connected to adjacent components such that treatment assembly can be assembled and disassembled without the use of tools, but fails to show with respect to claim 24, housing barrel tabs configured to mate with corresponding receiver slots. Similarly with respect to claim 25, Hammarback fails to show wherein the twist lock fitting comprises an engagement channel configured to receive an engagement stud extending from the mating structure, such that the treatment assembly is secured by sliding the twist lock fitting over the mating structure and rotating the twist lock fitting.
Ghazaryan similarly teaches a filter unit for dental equipment wherein housing barrel tabs (16) configured to mate with corresponding receiver slots (10). Similarly with respect to claim 25, wherein the twist lock fitting between two body components comprises an engagement channel (10) configured to receive an engagement stud (16) extending from the mating structure (seen at either side of 4 in Fig. 2), such that the treatment assembly is secured by sliding the twist lock fitting over the mating structure (vertical opening of 10 first slidingly receives stud 16) and rotating the twist lock fitting (16 is then rotated within 10 to lock). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Hammarback’s device by substituting the twist lock of Ghazaryan in order to take advantage of known alternative attachment means and provide quicker assembly and disassembly for access to a filter ([0035], [0038]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW NELSON whose telephone number is (571)270-5898. The examiner can normally be reached on Monday-Friday 7:30am-5:00pm EDT.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW M NELSON/Primary Examiner, Art Unit 3772