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 .
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 "suction pipe" in claim 9 and "connecting structure" in claim 10 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "first cavity 111" and "third cavity 113" have both been used to designate first cavity 111. 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. 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 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 1-10 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 the limitation “an anti-reflux member abutted against a position” in line 8. It is unclear how the anti-reflux member can be abutted against a position instead of a physical part. For the purposes of this examination, examiner interprets the anti-reflux member to be abutted between the reservoir and the head portion.
Claim 1 recites the limitation “channel which communicates the second cavity” in line 12 and “member communicated with the third cavity” in line 13. It is unclear how the pieces are connected. The phrase “fluidly connected” could more appropriately describe the relationship. For the purposes of this examination, examiner interprets “communicates” as fluidly connected.
All remaining claims are rejected as they depend from rejected independent claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1-4, 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over of Zhang et al. (US Pub No. 2020/0306425 A1, herein Zhang) in view of Wei (US Pub No. 2022/0143294 A1), and Hair (US Pub No. 2011/0319840 A1).
Regarding claim 1, Zhang in view of Hair discloses a nasal aspirator (Zhang, nasal aspirator 100, Fig. 1) , comprising:
a head portion (Zhang, neck 102, Fig. 2) provided with a first cavity (Zhang, See annotated Fig. 2) inside;
a reservoir (Zhang, reservoir 103, Fig. 2) connected to the head portion and provided in the first cavity (Zhang, “The neck 102 may include a reservoir 103…” – Para [0033]), wherein the reservoir is provided with a second cavity inside (Zhang, See annotated Fig. 2), and a third cavity is formed between the reservoir and the head portion (Zhang, around the side of the reservoir 103, See annotated Fig. 4);
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a drainage tube (Zhang, nozzle 101, Fig. 2) connected to the head portion (Zhang, “… the nozzle 101 can be removed from the neck 102…” – Para [0026]) and extended from a first end of the reservoir into the second cavity, wherein the drainage tube is provided with a first air channel inside (Zhang, See annotated Fig. 2)
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an anti-reflux member (Zhang, a first sealing ring 109, Fig. 2) abutted against a position between the reservoir and the head portion and /or a position between the reservoir and the drainage tube (Zhang, “A first sealing ring 109 may be provided between the neck 102 and the external thread connector 104.” – Para [0040]), and the anti-reflux member is provided a with a second air channel (Zhang, “… the anti-reflux coupler may include air channels 150a, 150b…” – Para [0035], Fig. 6) which communicates the second cavity with the third cavity (Zhang, around the side of the reservoir 103, See annotated Fig. 4) (Zhang, “… the air channel 150 extend past a perimeter of the reservoir 103 and direct air around the side of the reservoir 103.” – Para
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[0035], Fig. 5);
Zhang does not expressly disclose that wherein an end of the anti-reflux member close to the drainage tube is extended along an outer wall of the drainage tube and towards a second end of the reservoir; and a negative pressure member communicated with the third cavity and configured for air suction, to make the third cavity generate negative pressure, wherein the negative pressure is transmitted from the second air channel and the second cavity to the first air channel
Wei teaches that wherein an end of the anti-reflux member (cup cover 18, Fig. 3) close to the drainage tube (suction nozzle pipe 191, Fig. 4) is extended along an outer wall of the drainage tube and towards a second end of the reservoir (inner collecting cup 172, Fig. 4),
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the nasal aspirator of Zhang to include that wherein an end of anti-reflux member close to the drainage tube is extended along an outer wall of the drainage tube and towards a second end of the reservoir, as taught by Wei to suck the snot in the nose of a user into the inner collecting cup through the suction nozzle, effectively solving the problem of snot reflux (Wei, Abstract)
Wei does not expressly disclose a negative pressure member communicated with the third cavity and configured for air suction, to make the third cavity generate negative pressure, wherein the negative pressure is transmitted from the second air channel and the second cavity to the first air channel
Hair teaches a negative pressure member (squeeze bottle 80, Fig. 13) communicated with the third cavity (void space 78, Fig. 12) (“… creating communication for air or liquid from the reservoir 99 of the squeeze bottle 80 through the passage way 118 and into the void space 78…” – Para [0066]) and configured for air suction (“After squeezing, the squeeze bottle 80 reservoir 99 may be under negative pressure…” – Para [0072]), to make the third cavity generate negative pressure (“When the squeeze bottle 80 is squeezed, the pressure increases from liquid or air pressure inside void space 78…” – Para [0071]), wherein the negative pressure is transmitted from the second air channel (delivery tube 90, Fig. 13) and the second cavity (reservoir 99, Fig. 13) to the first air channel (inner collar 74, Fig. 13) (Fig. 13 below depicts the flow of pressure).
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Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the nasal aspirator of Zhang in view of Wei to include a negative pressure member communicated with the third cavity and configured for air suction, to make the third cavity generate negative pressure, wherein the negative pressure is transmitted from the second air channel and the second cavity to the first air channel as taught by Hair to create negative pressure (Hair, Para [0072]).
Regarding claim 2, Zhang in view of Wei and Hari disclose the nasal aspirator (Zhang, nasal aspirator 100, Fig. 1) as recited above wherein
the anti-reflux member (Zhang, a first sealing ring 109, Fig. 2)
Zhang does not expressly disclose comprises a sleeve and an abutting ring; the sleeve is provided around and abutted against a periphery of the reservoir the sleeve is extended towards the second end of the reservoir; an inner edge of the abutting ring is connected to the sleeve, and an outer edge of the abutting ring is abutted against the reservoir and both the sleeve and the abutting ring are provided with the second air channel.
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Wei teaches that the anti-reflux member (cup cover 18, Fig. 5) comprises a sleeve (micropore 182, Fig. 5) and an abutting ring (See annotated Fig. 5)
the sleeve is provided around and abutted against a periphery of the reservoir (collecting cup 17, Fig. 4) (“The cup cover 18 is detachably connected to the collecting cup 17…” – Para [0036]) the sleeve is extended towards the second end of the reservoir (Fig. 5) an inner edge of the abutting ring is connected to the sleeve (Fig. 5), and an outer edge of the abutting ring is abutted against the reservoir (Fig. 5), and both the sleeve and the abutting ring are provided with the second air channel (cup cover hole 181, Fig. 5)
Therefore, it would have been obvious, before the filing date of the claimed invention, to modify the nasal aspirator of Zhang to include comprises a sleeve and an abutting ring the sleeve is provided around and abutted against a periphery of the reservoir the sleeve is extended towards the second end of the reservoir an inner edge of the abutting ring is connected to the sleeve, and an outer edge of the abutting ring is abutted against the reservoir; and both the sleeve and the abutting ring are provided with the second air channel as taught by Wei to suck the snot in the nose of a user into the inner collecting cup through the suction nozzle, effectively solving the problem of snot reflux (Wei, Abstract)
Regarding claim 3, Zhang in view of Wei and Hair disclose the nasal aspirator (Zhang, nasal aspirator 100, Fig. 1) as recited above wherein
Zhang does not expressly disclose that both the sleeve and drainage tube are extended towards the second end of the reservoir, and an end of the drainage tube close to the second end of the reservoir is extended out of an end of the sleeve close to the second end of the reservoir.
Wei teaches that both the sleeve (micropore 182, Fig. 5) and drainage tube (suction nozzle 19, Fig, 4) are extended towards the second end of the reservoir (Fig. 4); and an end of the drainage tube (suction nozzle 19, Fig. 4) close to the second end of the reservoir (collecting cup 17, Fig. 4) is extended out of an end of the sleeve close to the second end of the reservoir (“The suction nozzle 19 is movably provided on the collecting cup 17, which runs through the cup cover 18 to be communicated with the collecting cup 17.” – Para [0036], See annotated Fig. 4)
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Therefore, it would have obvious, before the filing date of the claimed invention, to modify the nasal aspirator of Zhang to include that both the sleeve and drainage tube are extended towards the second end of the reservoir, and an end of the drainage tube close to the second end of the reservoir is extended out of an end of the sleeve close to the second end of the reservoir as taught by Wei to suck the snot in the nose of a user into the inner collecting cup through the suction nozzle, effectively solving the problem of snot reflux (Wei, Abstract)
Regarding claim 4, Zhang in view of Wei and Hair disclose the nasal aspirator (Zhang, nasal aspirator 100, Fig. 1) as recited above wherein
the nasal aspirator comprises a plurality of the second air channels,
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and the plurality of the second air channels are provided at intervals along a periphery of the anti-reflux member (Zhang, “… the anti-reflux coupler may include… air channels 150a, 150b…” – Para [0035], Fig. 6).
Regarding claim 6, Zhang in view of Wei and Hair disclose the nasal aspirator (Zhang, nasal aspirator 100, Fig. 1) as recited above wherein
the reservoir (Zhang, reservoir 103, Fig. 2) is provided at a middle of the first cavity (Zhang, See annotated Fig. 2), and the drainage tube (Zhang, nozzle 101, Fig. 2) corresponds to the center of the reservoir (Zhang, See annotated Fig. 2)
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Regarding claim 7, Zhang in view of Wei and Hair disclose the nasal aspirator (Zhang, nasal aspirator 100, Fig. 1) as recited above wherein
the head portion (Zhang, neck 102, Fig. 2) comprises an upper housing (Zhang, neck 102, Fig. 2) and a base (Zhang, internal thread connector 105, Fig. 2&3), the first cavity is formed between the upper housing and the base (Zhang, Fig. 2);
the negative pressure member (Zhang, bulb 106, Fig. 2) is connected to the base (Zhang, “an internal thread connector 105 may be provided in the middle of the upper portion of the bulb 106.” – Para [0039], Fig. 2&3)
the nasal aspirator further comprises a nozzle (Zhang, nozzle 101), the nozzle is mounted on a side of the upper housing away from the first cavity (Zhang, “… the nozzle 101 can be removed from the neck 102…” – Para [0026]); and
the nozzle is provided with an air inflow channel (Zhang, nozzle outlet 120, Fig. 2) communicated with the first air channel (Zhang, nozzle 101, Fig. 2)
Zhang does not expressly disclose that an air hole is formed at the base; the negative pressure member is communicated with the third cavity through the air hole
Hair teaches that an air hole is formed at the base (“The passageway 118 has a lower opening…” – Para [0066], Fig. 13), the negative pressure member is communicated with the third cavity through the air hole ("The passageway 118 has a lower opening into the squeeze bottle 80 and an upper opening into the void space 78" - Para [0066]), Fig. 13).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the nasal aspirator of Zhang to include that the negative pressure member is communicated with the third cavity through the air hole as taught by Hair to create negative pressure (Hair, Para [0072]).
Regarding claim 8, Zhang in view of Wei and Hair disclose the nasal aspirator (Zhang, nasal aspirator 100, Fig. 1) as recited above wherein
the nozzle is detachably mounted on the upper housing (Zhang, “… the nozzle 101 can be removed from the neck 102…” – Para [0026])
Regarding claim 9, Zhang in view of Wei and Hair disclose the nasal aspirator (Zhang, nasal aspirator 100, Fig. 1) as recited above wherein
the nasal aspirator further comprises a main body (Zhang, bulb 106, Fig. 2 ), the base is detachably mounted on the main body (Zhang, “an internal thread connector 105 may be provided in the middle of the upper portion of the bulb 106.” – Para [0039]) by a connecting structure (Zhang, first connection 135, Fig. 2);
the negative pressure member (Zhang, bulb 106, Fig. 2) is provided inside the main body (Zhang, “… press the bulb 106 to … provide suction that removes debris from a cavity.” – Para [0026], Fig. 2);
the negative pressure member comprises an air pump (Zhang, bulb 106, Fig. 2) and a suction pipe (Zhang, check valve 112, Fig. 2), and an air suction channel is formed inside the suction pipe (Zhang, Fig. 2); and
the air pump is communicated with the air suction channel for the air suction (Zhang, “… check valve 112 … can prevent debris in the nozzle 101 from escaping outward when air or other gas pushes upwards when the bulb 106 is pressed.” – Para [0038]), to make the air inflow channel generate the negative pressure.
Examiner interprets the upward push of air out of the bulb when it is pressed as the generation of negative pressure in the bulb and the check valve it is fluidly connected with.
Regarding claim 10, Zhang in view Wei and Hair disclose the nasal aspirator (Zhang, nasal aspirator 100, Fig. 1) as recited above wherein
the connecting structure (Zhang, first connection 135, Fig. 2) comprises a clamping block (Zhang, external thread connector 104, Fig. 2) and a clamping groove (Zhang, See annotated Fig. 2),
the clamping block is provided on the base (Zhang, external thread connector 104, Fig. 2), and the clamping groove is provided on the main body (Zhang, See annotated Fig. 2);
the clamping groove comprises an insertion portion (Zhang, See annotated Fig. 2) and a clamping portion (Zhang, internal thread connector 105, Fig. 2) communicated with the insertion portion (Zhang, Fig. 2); and
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the clamping block is configured to insert from the insertion portion and rotate to clamp with the clamping portion (Zhang, “The first connection 135… can include one of threaded connection…” – Para [0031]).
Examiner interprets a threaded connection to include the corresponding threads mating and rotating to connect.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over of Zhang et al. (US Pub No. 2020/0306425 A1, herein Zhang) in view of Wei (US Pub No. 2022/0143294 A1) and Hair (US Pub No. 2011/0319840 A1) and in further view of Sabben (US Pub No. 2009/0048581 A1).
Regarding claim 5, Wei in view of Zhang and Hair disclose the nasal aspirator (Zhang, nasal aspirator 100, Fig. 1) as recited above wherein
Zhang in view of Wei and Hair does not expressly disclose that the reservoir comprises a first reserve portion and a second reserve portion, the second reserve portion is connected to a side of an end of the first reserve portion away from the drainage tube, and the second reserve portion is extended away from the drainage tube.
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Sabben teaches that the reservoir (receiving chamber 26, Fig. 4) comprises a first reserve portion (recess 38, Fig. 4) and a second reserve portion (collection container 34, Fig. 4), the second reserve portion is connected to a side of an end of the first reserve portion away from the drainage tube (conduit 32, Fig. 4), and the second reserve portion is extended away from the drainage tube (Fig. 4).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the nasal aspirator of Wei to include that the reservoir comprises a first reserve portion and a second reserve portion, the second reserve portion is connected to a side of an end of the first reserve portion away from the drainage tube, and the second reserve portion is extended away from the drainage tube as taught by Sabben which facilitates the collection of the heavier aspirate fluid (Sabben, Para [0028).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ESHA P KASHYAP whose telephone number is (571)272-9890. The examiner can normally be reached Monday - Friday 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ESHA PRAKASH KASHYAP/ Examiner, Art Unit 3783
/CHELSEA E STINSON/ Supervisory Patent Examiner, Art Unit 3783