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 .
Claims 1-4 and 6-10 are examined in this office action.
Claim 1 is currently amended.
Claim 5 has been cancelled.
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 and 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) and in further view of Sabben (US Pub No. 2009/0048581 A1).
Regarding claim 1, Zhang in view of Wei, Hair, and Sabben 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 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) fluidly connected to 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 fluidly connected to 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; wherein 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, so that a nasal foreign body is more likely to stay in the second reserve portion when the nasal aspirator is tilted.
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]).
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, so that a nasal foreign body is more likely to stay in the second reserve portion when the nasal aspirator is tilted.
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), so that a nasal foreign body is more likely to stay in the second reserve portion when the nasal aspirator is tilted (“This preferred, operative orientation facilitates the collection of the heavier aspirated fluid therein by assuring that the container 34 is proper positioned …” – Para [0028]).
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 and Hair 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, so that a nasal foreign body is more likely to stay in the second reserve portion when the nasal aspirator is tilted as taught by Sabben which facilitates the collection of the heavier aspirate fluid (Sabben, Para [0028]).
Regarding claim 2, Zhang in view of Wei, Hari, and Sabben 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, Hari, and Sabben 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, Hari, and Sabben 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, Hari, and Sabben 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, Hari, and Sabben 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 in view of Wei 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 in view of Wei 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, Hari, and Sabben 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, Hari, and Sabben 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 of Wei, Hari, and Sabben 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.
Response to Arguments
Applicant's arguments filed 4/28/2026 have been fully considered but they are not persuasive.
Applicant argues that Sabben is not intended for single use, cannot be reused, and is difficult to clean.
Applicant argues that the structure 38 in Sabben cannot be equal to the first reserve portion of the present application, and the disposable collection container 34 in Sabben cannot be equal to the second reserve portion of the present application because the structure 38 does not receive aspirated liquid.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., reusable) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Examiner interprets structure 38 to be a part of assembly 36, which does receive a liquid, and thus structure 38 also receives a liquid.
The rejection above is maintained and all dependent claims are addressed in the claims they depend from.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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 8:30am - 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
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