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 .
Response to Amendment
In response to the preliminary amendment filed on 3/28/2023, claims 1-10 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 3/28/2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. Therefore, each of foreign references citations 1-4 have been crossed out. The IDS has been placed in the application file, but the information referred to therein regarding the foreign references has not been considered.
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.
Claim 6 is 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 6 recites the limitation "the connection portion" in line 2. There is insufficient antecedent basis for this limitation in the claim. The connection portion is not introduced until claim 4, from which claim 6 is not dependent upon. For examination purposes and as best understood by the Examiner in light of the specification, the Examiner will interpret claim 6 as being dependent upon claim 4.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5, 7, 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al (CN 108125744; wherein the English machine translation is cited below and a copy attached herewith) in view of 이주봉 (KR 200379270; wherein the English machine translation is cited below and a copy attached herewith).
Claim 1. Liang et al discloses an ear cleaning device (page 1, “the technical field” section; “[t]he invention belongs to the cleaning technical field of human body, relating to a new-type ear auditory canal inner wall cerumen cleaning tool”) comprising:
a fluid dispenser (3) (p. 3, paragraphs 12, 14, 15 – “[a]s shown in FIG. 2, the operation control part 3 comprises an upper shell 3.1 and a lower shell 3.2. the upper shell 3.1 and the lower shell 3.2 is provided with ball 3.7 made by elastic expansion and contraction of the soft material. the communication sphere 3.7 is filled with gas or liquid with certain density and the communication sphere 3.7 with the cleaning part 1 through the conduit 2. The operation control part 3 further comprises pressing the connecting sphere 3.7 so that gas or liquid is squeezed to the pressing member of the cleaning part 1”); and
a hollow cleaning body (1) which is elongated according to a relative longitudinal axis and in communication with the fluid dispenser (p. 3, paragraph 13 – “the cleaning part 1 is a hollow body made of elastic expansion and contraction of the soft material. Thus, when the gas or liquid is extruded to the cleaning portion 1, the cleaning portion 1 will be expanded to deform, and, when the gas or liquid flows out from the cleaning part 1, which can shrink to the original shape”, wherein the cleaning body includes an insertion portion (1) that is configured to assume a resting configuration (Figs. 4, 6) defined as when the insertion portion is at least partially insertable in an ear canal (p. 3, paragraph 16 – “[t]hus, as shown in FIG. 4, when the connecting body 3.7 is not pressed, the internal gas or liquid is not pressed into the cleaning part 1, the cleaning part 1 is not expanded and deformed”; p. 4, paragraph 7 – “as shown in FIG. 6, the cleaning part 1 extends into the ear canal, since the cleaning part 1 by the elastic expansion and contraction of the soft material, so that it can be deformed along the shape of the ear canal, it will not hurt the ear canal”), and wherein the insertion portion is configured to assume an expanded configuration (Figs. 5, 7) defined as when the insertion portion has an increased volume due to expansion caused by fluid supplied by the dispenser (p. 3, paragraph 16 – “[a]s shown in FIG. 5, when the communication sphere 3.7 pressed, the inside of gas or liquid is pressed into the cleaning portion1, the cleaning portion 1 expanded and deformed”; p. 4, paragraph 7 – “after extending to a certain extend [sic], pressing the up button 3.3 and the down button 3.4, the connecting ball 3.7 in both the cleaning gas or liquid extrusion part 1, then, as shown in FIG. 7, the cleaning part 1 is forced to expand filling the whole ear canal”);
wherein the insertion portion comprises:
a plurality of lobes (see annotated figure below) form portions towards an outside of the insertion portion, wherein the plurality of lobes swell up (inflate) when the insertion portion assumes the expanded configuration (Fig. 5; p. 3, paragraph 16 – “[a]s shown in FIG. 5, when the communication sphere 3.7 pressed, the inside of gas or liquid is pressed into the cleaning portion 1, the cleaning portion 1 expanded and deformed”), and
a plurality of connecting walls positioned between lobes of the plurality of lobes, forming grooves between the lobes (see annotated figure below).
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Liang et al fails to disclose the plurality of lobes are elongated according to the longitudinal axis, the portions of the lobes form convex portions, and the plurality of connecting walls develop along the longitudinal axis. Instead, as seen in the annotated Fig. 5 above, Liang et al discloses the plurality of lobes and the connecting walls extend circumferentially around the longitudinal axis.
However, in the same field of endeavor, 이주봉 discloses an ear cleaning device, having a cleaning body with an insertion portion (30), wherein in one embodiment, the lobes and the connecting walls (32) between the lobes on the insertion portion can be circumferentially disposed (Fig. 3; akin to the circumferential configuration of Liang et al). Alternatively, the lobes can be elongated according to the longitudinal axis (Fig. 1) and form convex portions toward an outside of the insertion portion (Fig. 2), and the plurality of connecting walls (32) develop along the longitudinal axis (Fig. 1) (p. 2, paragraph 7 – “[t]he groove 32 is formed around the circumferential surface of the outer circumferential surface of the cotton swab 30 as shown in FIG. 2 so that foreign matter is inserted into the groove 32 when the cotton swab is turned, and another groove 32 is shown in FIG. Likewise, the swab 30 is formed equally in the longitudinal direction of the outer circumferential surface so that foreign matter is caught when the swab is removed from the ear”). Therefore, since both Liang et al and 이주봉 are directed to an insertion portion for removing unwanted substances from the ear canal, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute one insertion portion shape (the elongated, convex lobes and the longitudinally extending connecting walls of 이주봉) with another (the circumferentially disposed lobes and connecting walls of Liang et al), to achieve the predictable result of capturing unwanted substances to thereby remove the substance from the ear canal.
Claim 2. The combination discloses the invention substantially as claimed above, wherein 이주봉 discloses the plurality of lobes includes a number of lobes equal to or greater than two (Fig. 2 illustrates 6 lobes).
Claim 3. The combination discloses the invention substantially as claimed above, wherein Liang et al discloses the insertion portion assumes an ovoid shape in the expanded configuration (Fig. 5), and said grooves as modified by 이주봉 are configured to allow a flow of fluid from the ear canal to outside of the ear (Figs. 1 and 2 of 이주봉 illustrate the depression formed by the grooves that would allow a fluid to travel from inside the ear canal (for example to the right of insertion portion 30 in Fig. 1) to the outside of the ear (for example to the left side of insertion portion 30 in Fig. 1).
Claim 4. The combination discloses the invention substantially as claimed above, wherein Liang et al discloses the cleaning body (1) includes a connection portion (2) that is in one piece with the insertion portion (one piece is seen in Fig. 4), and wherein the connection portion is connectable to the fluid dispenser (Figs. 2, 4).
Claim 5. The combination discloses the invention substantially as claimed above, wherein Liang et al discloses the cleaning body (1) comprises a material selected from the group consisting of elastic material, biocompatible silicone, elastomer material, latex, and rubber (p. 3, paragraph 13 – “the cleaning part 1 is a hollow body made of elastic expansion and contraction of the soft material. Thus, when the gas or liquid is extruded to the cleaning portion 1, the cleaning portion 1 will be expanded to deform, and, when the gas or liquid flows out from the cleaning part 1, which can shrink to the original shape”).
Claim 7. The combination discloses the invention substantially as claimed above, wherein Liang et al discloses the fluid dispenser (3) includes a manual pressure air delivery pump having an elastic bag (3.7) on which the user can apply pressure (p. 3, paragraph 14 – “ball 3.7 made by elastic expansion and contraction of the soft material”).
Claim 8. The combination discloses the invention substantially as claimed above, wherein Liang et al discloses a junction element (2) having an internal fluid passage pipe and a first end connectable to said fluid dispenser (3) and having a second end connectable to said cleaning body (1) (Figs. 1, 2, 4, 5).
Claim 10. The combination discloses the invention substantially as claimed above, wherein Liang et al discloses said device has a shape suitable for cleaning human ears or ears of animals (Figs. 6, 7; page 1, “the technical field” section; “[t]he invention belongs to the cleaning technical field of human body, relating to a new-type ear auditory canal inner wall cerumen cleaning tool, specifically claims a ear-picking size expansion change with the ear canal”).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al in view of 이주봉 as applied to claim 1 above, and further in view of Wang et al (CN 201205321; wherein the English machine translation is cited below and a copy attached herewith).
Claim 6. The combination discloses the invention substantially as claimed above, but fails to disclose the connection portion (2) has a diameter that prevents the insertion of the connection portion into the ear canal.
However, in the same field of endeavor, Wang et al teaches an ear cleaning device, wherein the device is provided with an insertion portion (1) and a connection portion (2) for connecting to a handle (4). The connection portion is provided with a diameter (3) that prevents the insertion portion from going too deep into the ear canal (p. 2, paragraph 8 – “limiting plate 3 can limit the spoon head 2 into the safe depth of ear canal, preventing too deep to damage situation of the eardrum and the use is safer”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination with a diameter of the connection portion being larger (via limiting plate 3) as taught by Wang et al to provide a safer device and prevent inadvertent damage to the ear drum.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al in view of 이주봉 as applied to claim 1 above, and further in view of Holle (DE 19529117; wherein the English machine translation is cited below and a copy attached herewith).
Claim 9. The combination discloses the invention substantially as claimed above, but fails to disclose at least said fluid dispenser and said cleaning body are separable from each other and can be re-assembled.
However, in the same field of endeavor, Holle teaches an ear cleaning device having a fluid dispenser (5) separable from a cleaning body (2) with grooves (3), wherein the fluid dispenser and cleaning body can be re-assembled (p. 2, paragraph 3 – “the balloon [5] can be designed to be removable and can thus be connected in succession to various rods.” Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination such that the fluid dispenser and said cleaning body are separable from each other and can be re-assembled as taught by Holle to allow the user to switch out the cleaning body to a new cleaning body for another user.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Guidi (US 2010/0312198) and Kim (KR 20080008757) disclose an ear cleaning device having an expandable insertion portion comprising lobes and connecting walls.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE M SHI whose telephone number is (571)270-5620. The examiner can normally be reached Mon-Thurs, 8-5 EST.
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/KATHERINE M SHI/Primary Examiner, Art Unit 3771