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 Rejections - 35 USC § 102
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.
(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 1-10, 15-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ginsberg et al. (U.S. Patent No. 5309899), hereinafter Ginsberg.
Regarding claim 1, Ginsberg discloses a system for cleaning an ear of a user (“a system for cleansing a patient's ear”, Col 1 Line 58-59), comprising:
a fluid reservoir configured to contain a fluid (“controller 1 preferably contains a fluid reservoir”, Col 2 Line 67; reservoir 174);
a temperature sensor (sensor 186) configured to generate a temperature control signal corresponding to a fluid temperature of the fluid (see Col 9 Lines 30-43);
a portable applicator (applicator 40) comprising an output nozzle (nozzle 8) connected to the fluid reservoir via a fluid supply line (fluid line 4; line 176 and 180);
a fluid pump (pump 158) configured to control a flow of the fluid from the fluid reservoir to the portable applicator via the fluid supply line; and
a controller (control board 166) operatively coupled to the fluid pump and configured to adjust the flow of the fluid based on the temperature control signal (“When the sensor 186 senses that the water temperature in reservoir 174 is outside of specifications, it will transmit this information to control board 166 which, in turn, will cause the power being transmitted to pump 158 to cease to flow.”, Col 9 Lines 38-42).
Regarding claim 2, Ginsberg discloses the claimed invention as discussed above concerning the rejection of claim 1, and Ginsberg further discloses wherein the controller (control board 166) terminates the flow of the fluid if the temperature control signal indicates that the fluid temperature is greater than an upper operable temperature threshold or less than a lower operable temperature threshold (“When the sensor 186 senses that the water temperature in reservoir 174 is outside of specifications, it will transmit this information to control board 166 which, in turn, will cause the power being transmitted to pump 158 to cease to flow.”, Col 9 Lines 38-42).
Regarding claim 3, Ginsberg discloses the claimed invention as discussed above concerning the rejection of claim 2, and Ginsberg further discloses comprising a user interface configured to receive the upper operable temperature threshold or the lower operable temperature threshold via a user input (“The aforementioned commercially available in-line heaters are equipped with self-contained temperature regulating means usually containing a thermostat and/or a thermistor. As is apparent to those skilled in the art, these means may be adjusted and/or modified to provide temperature regulation within the desired range.”, Col 10 Line 60 – Col 11 Line 3).
Regarding claim 4, Ginsberg discloses the claimed invention as discussed above concerning the rejection of claim 2, and Ginsberg further discloses wherein the upper operable temperature threshold is approximately 104 degrees Fahrenheit or the lower operable temperature threshold is approximately 96 degrees Fahrenheit (“preferably a temperature within the range of from about 36 to about 38 degrees Centigrade”, Col 10 Lines 43-45).
Regarding claim 5, Ginsberg discloses the claimed invention as discussed above concerning the rejection of claim 1, and Ginsberg further discloses wherein the controller (control board 166) terminates the flow of the fluid if the temperature control signal indicates that the fluid temperature is outside of an operable temperature range (“When the sensor 186 senses that the water temperature in reservoir 174 is outside of specifications, it will transmit this information to control board 166 which, in turn, will cause the power being transmitted to pump 158 to cease to flow.”, Col 9 Lines 38-42).
Regarding claim 6, Ginsberg discloses the claimed invention as discussed above concerning the rejection of claim 5, and Ginsberg further discloses comprising a user interface configured to receive the operable temperature range via a user input (“The aforementioned commercially available in-line heaters are equipped with self-contained temperature regulating means usually containing a thermostat and/or a thermistor. As is apparent to those skilled in the art, these means may be adjusted and/or modified to provide temperature regulation within the desired range.”, Col 10 Line 60 – Col 11 Line 3).
Regarding claim 7, Ginsberg discloses the claimed invention as discussed above concerning the rejection of claim 5, and Ginsberg further discloses wherein the operable temperature range is from approximately 96 degrees Fahrenheit to approximately 104 degrees Fahrenheit (“preferably a temperature within the range of from about 36 to about 38 degrees Centigrade”, Col 10 Lines 43-45).
Regarding claim 8, Ginsberg discloses the claimed invention as discussed above concerning the rejection of claim 1, and Ginsberg further discloses wherein the controller (control board 166) terminates the flow of the fluid if the temperature control signal indicates that the fluid temperature is greater than an upper safety temperature threshold or less than a lower safety temperature threshold (“When the sensor 186 senses that the water temperature in reservoir 174 is outside of specifications, it will transmit this information to control board 166 which, in turn, will cause the power being transmitted to pump 158 to cease to flow.”, Col 9 Lines 38-42).
Regarding claim 9, Ginsberg discloses the claimed invention as discussed above concerning the rejection of claim 8, and Ginsberg further discloses wherein the upper safety temperature threshold is approximately 105 degrees Fahrenheit or the lower safety temperature threshold is approximately 95 degrees Fahrenheit (“preferably a temperature within the range of from about 36 to about 38 degrees Centigrade”, Col 10 Lines 43-45).
Regarding claim 10, Ginsberg discloses the claimed invention as discussed above concerning the rejection of claim 1, and Ginsberg further discloses wherein the temperature sensor comprises a thermistor (“ The aforementioned commercially available in-line heaters are equipped with self-contained temperature regulating means usually containing a thermostat and/or a thermistor. As is apparent to those skilled in the art, these means may be adjusted and/or modified to provide temperature regulation within the desired range.”, Col 10 Line 60 – Col 11 Line 3).
Regarding claim 15, Ginsberg discloses the claimed invention as discussed above concerning the rejection of claim 1, and Ginsberg further discloses wherein the portable applicator (applicator 40) comprises an output flow control trigger (trigger assembly 102 and trigger 104) configured to control an output flow of the fluid from the output nozzle (see Col 8 Lines 42-49; see FIG. 10).
Regarding claim 16, Ginsberg discloses a method for cleaning an ear of a user (“a system for cleansing a patient's ear”, Col 1 Line 58-59), comprising:
providing a fluid reservoir (“controller 1 preferably contains a fluid reservoir”, Col 2 Line 67; reservoir 174) containing a fluid;
generating, via a temperature sensor (sensor 186), a temperature control signal corresponding to a fluid temperature of the fluid (see Col 9 Lines 30-43);
providing a portable applicator (applicator 40) comprising an output nozzle (nozzle 8) connected to the fluid reservoir via a fluid supply line (fluid line 4; line 176 and 180);
controlling, via a fluid pump (pump 158), a flow of the fluid from the fluid reservoir to the portable applicator via the fluid supply line; and
adjusting, via a controller (control board 166) operatively coupled to the fluid pump, the flow of the fluid based on the temperature control signal (“When the sensor 186 senses that the water temperature in reservoir 174 is outside of specifications, it will transmit this information to control board 166 which, in turn, will cause the power being transmitted to pump 158 to cease to flow.”, Col 9 Lines 38-42).
Regarding claim 17, Ginsberg discloses the claimed method as discussed above concerning the rejection of claim 16, and Ginsberg further discloses terminating, via the controller (control board 166), the flow of the fluid if the temperature control signal indicates that the fluid temperature is greater than an upper operable temperature threshold, less than a lower operable temperature threshold, or outside of an operable temperature range (“When the sensor 186 senses that the water temperature in reservoir 174 is outside of specifications, it will transmit this information to control board 166 which, in turn, will cause the power being transmitted to pump 158 to cease to flow.”, Col 9 Lines 38-42).
Regarding claim 18, Ginsberg discloses the claimed method as discussed above concerning the rejection of claim 17, and Ginsberg further discloses comprising receiving, via a user interface, a user input (“The aforementioned commercially available in-line heaters are equipped with self-contained temperature regulating means usually containing a thermostat and/or a thermistor. As is apparent to those skilled in the art, these means may be adjusted and/or modified to provide temperature regulation within the desired range.”, Col 10 Line 60 – Col 11 Line 3) corresponding to the upper operable temperature threshold, the lower operable temperature threshold, or the operable temperature range (“When the sensor 186 senses that the water temperature in reservoir 174 is outside of specifications, it will transmit this information to control board 166 which, in turn, will cause the power being transmitted to pump 158 to cease to flow.”, Col 9 Lines 38-42).
Regarding claim 20, Ginsberg discloses the claimed method as discussed above concerning the rejection of claim 16, and Ginsberg further discloses comprising actuating an output flow control trigger (trigger assembly 102 and trigger 104) of the portable applicator (applicator 40) to control an output flow of the fluid from the output nozzle (see Col 8 Lines 42-49; see FIG. 10).
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.
Claims 11-14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ginsberg et al. (U.S. Patent No. 5309899), hereinafter Ginsberg, and further in view of Monroe et al. (U.S. Patent No. 5919130) hereinafter Monroe.
Regarding claim 11, Ginsberg discloses the claimed invention as discussed above concerning the rejection of claim 1, and Ginsberg further discloses an otoscope configuration, however, Ginsberg does not expressly state comprising a video otoscope configured to capture video data and/or still image data corresponding to the ear of the user.
Monroe teaches a video otoscope (video otoscope system 10, otoscope 12) configured to capture video data and/or still image data corresponding to the ear of the user (see Col 6 Lines 1-12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the otoscope configuration of Ginsberg to comprise a video otoscope configured to capture video data and/or still image data corresponding to the ear of the user. Doing so provides an enhanced field of view for viewing, as well as insufflation capability without interfering with the viewing and/or illumination operations of the instrument, as taught by Monroe (see Col 4 Lines 61-63).
Regarding claim 12, Ginsberg in view of Monroe teaches the claimed invention as discussed above concerning the rejection of claim 11, and Monroe further teaches wherein the video otoscope is configured to transmit the video data and/or still image data to an external user device (“The umbilical cable 160 includes a corresponding electrical connector 162 at one end extending to a power supply (not shown) and video peripheral device (not shown) in a manner similar to that of FIG. 3 so as to provide power input to the otoscope 110, and to allow a video signal to be transmitted to the peripheral device for display of a viewed target.”, Col 9 Line 63 – Col 10 Line 2).
Regarding claim 13, Ginsberg in view of Monroe teaches the claimed invention as discussed above concerning the rejection of claim 12, and Monroe further teaches wherein the external user device comprises a user interface (video display monitor 16) configured to display the video data and/or still image data (see Col 7 Line 59 – Col 8 Line 11).
Regarding claim 14, Ginsberg in view of Monroe teaches the claimed invention as discussed above concerning the rejection of claim 11, and Monroe further teaches wherein the system comprises a base having an integrated receptacle configured to receive the video otoscope (“Still referring to FIG. 3, the video otoscope 12 is connected to the power supply and lighting unit 14 by means of a flexible umbilical cable 26 having one bifurcated end having a pair of connector segments 26a and 26b for interconnecting to receptacles (not shown) provided on the exterior of the unit 14.”, Col 6 Lines 26-31.
Regarding claim 19, Ginsberg discloses the claimed method as discussed above concerning the rejection of claim 16, however, Ginsberg does not expressly state capturing, via a video otoscope, video data and/or still image data corresponding to the ear of the user; transmitting, via the video otoscope, the video data and/or the still image data to an external user device; and displaying, via a display of the external user device, the video data and/or the still image data.
Monroe teaches capturing, via a video otoscope (video otoscope system 10, otoscope 12), video data and/or still image data corresponding to the ear of the user (see Col 6 Lines 1-12);
transmitting, via the video otoscope, the video data and/or the still image data to an external user device (“The umbilical cable 160 includes a corresponding electrical connector 162 at one end extending to a power supply (not shown) and video peripheral device (not shown) in a manner similar to that of FIG. 3 so as to provide power input to the otoscope 110, and to allow a video signal to be transmitted to the peripheral device for display of a viewed target.”, Col 9 Line 63 – Col 10 Line 2); and
displaying, via a display (monitor 16) of the external user device, the video data and/or the still image data (see Col 7 Line 59 – Col 8 Line 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the method of Ginsberg to comprise capturing, via a video otoscope, video data and/or still image data corresponding to the ear of the user; transmitting, via the video otoscope, the video data and/or the still image data to an external user device; and displaying, via a display of the external user device, the video data and/or the still image data. Doing so provides an enhanced field of view for viewing, as well as insufflation capability without interfering with the viewing and/or illumination operations of the instrument, as taught by Monroe (see Col 4 Lines 61-63).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NELSON ALVARADO whose telephone number is (703) 756-5301. The examiner can normally be reached on M-F 8:30am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached on (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is (571)-273-8300. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Nelson Alvarado/
Junior Examiner , Art Unit 3783
08/20/2026
/CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
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