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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8 July 2026 has been entered.
Response to Amendment
Claims 1-20 remain pending in the application. Applicant's amendments to the Claims have overcome each and every rejection previously set forth in the Final Office Action dated 8 April 2025; however, upon further consideration new rejections are set forth as explained below.
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.
Claims 1-4 and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Obata (US 2010/0059608) in view of Pongratz et al. (US 2013/0006170).
Regarding claim 1, Obata discloses a method for applying a medical treatment solution to a treatment site of a patient (par. 14; fig. 3) comprising:
attaching a syringe assembly (22, see par. 49) with a barrel portion (11a) of a housing (11) of a medical device (fig. 1, 3) so that the syringe assembly is in communication with a pathway (13) of the medical device that leads to at least one nozzle (20a) of a distal end of the barrel portion of the medical device (fig. 1), the syringe assembly comprising a barrel (15) comprising the medical treatment solution (par. 7) and a plunger (23) movably positioned axially inside the barrel (par. 49; fig. 1);
prior to expelling, charging, by an electrostatic module (25) and an electrode assembly (par. 95) each inside the housing (fig. 1), the medical treatment solution within at least one of the barrel and the pathway upstream of the at least one nozzle (par. 56 – voltage is applied to spray nozzle 20, which charges the solution therein) by emitting ions or charge in a direction parallel to an emission pathway from the at least one nozzle (fig. 1 –the charge is conducted in tube 20, which is parallel to the emission pathway), the charging comprising passing the medical treatment solution through an electrically conductive tube (20, see par. 46) of the pathway (fig. 1) that is electrostatically charged (par. 51) such that the fluid contacts the electrically conductive tube and is charged by direct contact before atomization by the at least one nozzle (par. 56);
and, expelling, by the syringe assembly and only through the at least one nozzle, the medical treatment solution charged by the electrostatic module and the electrode assembly from the syringe assembly along the emission pathway to the treatment site (par. 56).
Obata does not disclose that the syringe assembly is removably attached to the barrel portion.
Pongratz teaches a fluid dispensing device (10) comprising a syringe assembly (12) removably attached (par. 34) with a barrel portion (26) of a housing (44) so that the syringe assembly is in communication with a pathway that leads to a nozzle (36) at the distal end of the barrel portion of the dispenser (fig. 1).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Obata to removably attach the syringe assembly to the barrel portion of the housing, as taught by Pongratz, since this would facilitate reloading the medical device with more medical treatment solution (Pongratz, par. 34).
Regarding claim 2, Obata in view of Pongratz discloses the method described regarding claim 1, and further comprising: manually actuating, by an actuation member (26, see par. 96) of the medical device, the plunger such that the plunger moves axially within the barrel to force the medical treatment solution out of a distal end of the barrel such that the medical treatment solution communicates with and is expelled by the at least one nozzle (par. 52, 56).
Regarding claim 3, Obata in view of Pongratz discloses the method described regarding claim 1, and further comprising: electronically actuating, by an actuation member (16) of the medical device, the plunger such that the plunger moves axially within the barrel to force the medical treatment solution out of a distal end of the barrel such that the medical treatment solution communicates with and is expelled by the at least one nozzle (par. 87, 88).
Regarding claim 4, Obata in view of Pongratz discloses the method described regarding claim 1, and Pongratz further teaches wherein the barrel portion is angled relative to a handle portion (54) in a pistol shape (par. 21; fig. 1). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method of Obata in view of Pongratz to have a handle portion arranged at an angle to the barrel portion, as also taught by Pongratz, since this was known to be an ergonomic configuration.
Regarding claim 12, Obata in view of Pongratz discloses the method described regarding claim 1, and Pongratz further teaches wherein prior to the step of expelling, the medical treatment solution of the barrel of the syringe assembly comprises topical pain medication (par. 3). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method of Obata in view of Pongratz such that the medical treatment solution of the barrel of the syringe assembly comprises topical pain medication, as also taught by Pongratz, since this was a known medical treatment solution for expelling from a medical device.
Regarding claim 13, Obata in view of Pongratz discloses the method described regarding claim 1, and Pongratz further teaches wherein prior to the step of expelling, the medical treatment solution of the barrel of the syringe assembly comprises antibiotics (par. 3). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method of Obata in view of Pongratz such that the medical treatment solution of the barrel of the syringe assembly comprises antibiotics, as also taught by Pongratz, since this was a known medical treatment solution for expelling from a medical device.
Neither Obata nor Pongratz explicitly discloses wherein the charged medical treatment solution is expelled to the treatment site comprising one or more infected pressure sores to facilitate rapid absorption of medication through pores of skin of the treatment site. Nevertheless, Pongratz does disclose the treatment site comprising a surgical site; therefore, it would have been obvious to apply the treatment solution to infected pressure sores since antibiotics would help fight the infection and pain relievers would help with the pain.
Regarding claim 14, Obata in view of Pongratz discloses the method described regarding claim 1, and further wherein the syringe assembly is removably attached directly to a portion of the barrel portion of the housing (see fig. 1 of Obata, fig. 1 of Pongratz).
Regarding claim 15, Obata in view of Pongratz discloses the method described regarding claim 1, and further wherein when attached, the syringe assembly is proximal of the at least one nozzle (fig. 1).
Regarding claim 16, Obata in view of Pongratz discloses the method described regarding claim 1, and Pongratz further teaches wherein the treatment site is for wound care of the patient (par. 3). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method of Obata in view of Pongratz such that the treatment site is for would care, as also taught by Pongratz, since this was known to be a type of specific treatment site for such a medical device.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Obata, in view of Pongratz, and further in view of Pacetti (US 2008/0124451).
Regarding claim 5, Obata in view of Pongratz discloses the method described regarding claim 1, but not further wherein a reservoir is attached to the housing and having a cavity adapted to contain a liquid fluid.
Pacetti teaches a sprayer device for coating a stent (par. 2) comprising a reservoir (125b) attached to a housing (140, see fig. 1) and having a cavity adapted to contain a liquid fluid (par 20).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrostatic sprayer device of Obata in view of Pongratz to further include a reservoir attached to the housing and having a cavity adapted to contain a liquid fluid, as taught by Pacetti, since this was known to provide a source of solvent to clean the nozzle (Pacetti, par. 20).
Regarding claim 6, Obata in view of Pongratz and Pacetti discloses the method described regarding claim 5, and Pacetti further teaches propelling, by a pump (120b), fluid from the reservoir to the at least one nozzle (fig. 1).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Obata in view of Pongratz and further in view of Wright (WO 2016/037074).
Regarding claim 7, Obata in view of Pongratz discloses the method described regarding claim 1, but not further wherein prior to the step of expelling, the medical treatment solution of the barrel of the syringe assembly comprises antiseptics.
Wright teaches an electrostatic sprayer device with a spray nozzle (Abstract) comprising a liquid fluid of a syringe assembly of the device comprises antiseptics (par. 33)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified the device of Obata in view of Pongratz such that liquid fluid of the syringe assembly of the device comprises antiseptics, as taught by Wright, since this would allow the device to disinfect a surface (Wright, par. 33), which is of critical importance in a medical setting.
Claims 8-11 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Obata, in view of Pongratz, and further in view of Bhogal et al. (US 2019/0321837).
Regarding claim 8, Obata in view of Pongratz discloses the method described regarding claim 1, but not explicitly wherein prior to the step of expelling, the medical treatment solution of the barrel of the syringe assembly comprises between about 1 mL to about 200 mL of stem cells.
Bhogal teaches a medical sprayer device (10) comprising a syringe assembly (16) that contains medical treatment solution (18) comprising between about 1 mL to about 200 mL (par. 38) of stem cells (par. 105) for wound care (par. 30), which were known to be suitable for use in resurfacing and regeneration of damaged tissue (par. 30).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Obata in view of Pongratz such that prior to the step of expelling, the medical treatment solution of the barrel of the syringe assembly comprises between about 1 mL to about 200 mL of stem cells, as taught by Bhogal, since this would allow the device to be used for resurfacing and regenerating damaged tissue.
Regarding claim 9, Obata in view of Pongratz discloses the method described regarding claim 1, but not explicitly wherein the barrel portion comprises a fluid volume of between about 10mL and 50 mL.
Bhogal teaches the medical device described regarding claim 8, and further wherein the barrel portion comprises a fluid volume of between about 10mL and 50 mL (par. 38).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Obata in view of Pongratz such that the barrel portion comprises a fluid volume of between about 10mL and 50 mL, as taught by Bhogal, since this would allow the device to be used for resurfacing and regenerating damaged tissue.
Regarding claim 10, Obata in view of Pongratz discloses the method described regarding claim 1, but not explicitly wherein the medical treatment solution comprises chemical enzymes, and wherein the charged medical treatment solution is expelled to the treatment site comprising dead tissue.
Bhogal teaches the medical device described regarding claim 8, and further wherein the medical treatment solution comprises chemical enzymes (par. 107, 108), and wherein the charged medical treatment solution is expelled to the treatment site comprising dead tissue (par. 30).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Obata in view of Pongratz such that the medical treatment solution comprises chemical enzymes, and wherein the charged medical treatment solution is expelled to the treatment site comprising dead tissue, as taught by Bhogal, since this would allow the device to be used for resurfacing and regenerating damaged tissue.
Regarding claim 11, Obata in view of Pongratz discloses the method described regarding claim 1, but not explicitly wherein prior to the step of expelling, the medical treatment solution of the barrel of the syringe assembly comprises biological matter.
Bhogal teaches the medical device described regarding claim 8, and further wherein prior to the step of expelling, the medical treatment solution of the barrel of the syringe assembly comprises biological matter (par. 30, 31).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Obata in view of Pongratz such that the medical treatment solution comprises biological matter, as taught by Bhogal, since this would allow the device to be used for resurfacing and regenerating damaged tissue.
Regarding claim 17, Obata in view of Pongratz discloses the method described regarding claim 1, but not further wherein the treatment site is for respiratory care of the patient.
Bhogal teaches the medical device described regarding claim 8, and further wherein the treatment site is for respiratory care of the patient (par. 30).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Obata in view of Pongratz such that the treatment site is for respiratory care of the patient, as taught by Bhogal, since this would allow the device to be used for resurfacing and regenerating damaged respiratory tissue.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Obata, in view of Pongratz, and further in view of Coffee (US 6,595,208).
Regarding claim 18, Obata in view of Pongratz discloses the method described regarding claim 1, and further wherein the medical device is configured to be placed on a display of a personal computer (par. 54), but not explicitly that the medical device is cordless and weighs 2 pounds or less.
Regarding the former, Coffee discloses a method for delivering a medical treatment solution to a wound site of a patient with a cordless medical device (col. 1, ln. 3-6; fig. 6a). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Obata to make the medical device cordless, as taught by Coffee, since this would increase the portability of the device.
Regarding the latter, it would have been obvious to one with ordinary skill in the art at the time the invention was made to make the medical device weigh approximately 2 pounds or less since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Therefore, it would have been obvious to make the medical device weigh approximately 2 pounds or less so that it is configured to be placed on a display of a personal computer.
Regarding claim 19, Obata discloses a method for delivering a medical treatment solution to a wound site of a patient (par. 14; fig. 3) comprising:
attaching a syringe assembly (22, see par. 49) directly to a portion of a barrel portion (11a) of a housing (11) of the medical device (fig. 1, 3) so that the syringe assembly is in communication with a pathway (13) of the medical device that distally leads to at least one nozzle (20a) of the barrel portion (fig. 1), such that, when attached, the syringe assembly is proximal of the at least one nozzle (fig. 1), the syringe assembly comprising a barrel (15) comprising the medical treatment solution (par. 7) and a plunger (23) movably positioned axially inside the barrel (par. 49; fig. 1);
spraying, by the syringe assembly forcing the medical treatment solution from the barrel through the at least one nozzle, onto the wound site (par. 56); and
electrically charging, by an electrostatic module (25) and an electrode assembly (par. 95) each inside the housing (fig. 1), the medical treatment solution within the pathway upstream of the at least one nozzle (par. 56 – voltage is applied to spray nozzle 20, which charges the solution therein) by emitting ions and charge in a direction parallel to an emission pathway from the at least one nozzle (fig. 1 –the charge is conducted in tube 20, which is parallel to the emission pathway), the electrically charging comprising passing the medical treatment solution through an electrically conductive tube (20, see par. 46) of the pathway (fig. 1) that is electrostatically charged (par. 51) such that the medical treatment solution contacts the electrically conductive tube and is charged by direct contact before atomization by the at least one nozzle (par. 56).
Obata does not disclose that the medical device is cordless or that syringe assembly is removably attached to the barrel portion.
Regarding the former, Coffee discloses a method for delivering a medical treatment solution to a wound site of a patient with a cordless medical device (col. 1, ln. 3-6; fig. 6a) comprising:
attaching a syringe assembly (47/47b/49/70) directly to a portion of a barrel portion (3d) of a housing (3) of a medical device (1b, see fig. 6a) so that the syringe assembly is in communication with a pathway (33) of the medical device that distally leads to at least one nozzle (33a) of the barrel portion (fig. 6a), such that, when attached, the syringe assembly is proximal of the at least one nozzle (fig. 6a), the syringe assembly comprising a barrel (47) comprising the medical treatment solution (col. 9, ln. 46-47) and a plunger (47b) movably positioned axially inside the barrel (col. 10, ln. 51-53; fig. 6a);
spraying, by the syringe assembly forcing the medical treatment solution from the barrel through the at least one nozzle, onto the wound site (col. 10, ln. 56-62); and
electrically charging, by an electrostatic module (21) and an electrode assembly (41/50) each inside the housing (fig. 6a), the medical treatment solution of the syringe assembly by emitting ions and charge in a direction parallel to an emission pathway from the at least one nozzle (col. 7, ln. 6-23; figs. 3a, 3b – both the charge and emission pathway are in the vertical direction).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Obata to make the medical device cordless, as taught by Coffee, since this would increase the portability of the device.
Regarding the latter, Pongratz teaches a fluid dispensing device (10) comprising a syringe assembly (12) removably attached (par. 34) with a barrel portion (26) of a housing (44) so that the syringe assembly is in communication with a pathway that leads to a nozzle (36) at the distal end of the barrel portion of the dispenser (fig. 1).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Obata to removably attach the syringe assembly to the barrel portion of the housing, as taught by Pongratz, since this would facilitate reloading the medical device with more medical treatment solution (Pongratz, par. 34).
Regarding claim 20, Obata in view of Pongratz discloses the method described regarding claim 1, and further wherein the medical device is configured to be placed on a display of a personal computer (par. 54). Obata does not disclose wherein the barrel portion is angled relative to a handle portion in a pistol shape, wherein the syringe assembly is removably attached directly to a portion of the barrel portion of the housing, wherein the medical device is cordless and weighs approximately 2 pounds or less, and prior to the step of spraying, the medical treatment solution of the barrel of the syringe assembly comprises at least one of antiseptics, topical pain medication, enzymes, biological matter, and antibiotics.
Obata in view of Pongratz discloses the method wherein the barrel portion is angled relative to a handle portion in a pistol shape, as described regarding claim 4; wherein the syringe assembly is removably attached directly to a portion of the barrel portion of the housing, as described regarding claims 1 and 14; and wherein prior to the step of spraying, the medical treatment solution of the barrel of the syringe assembly comprises at least antibiotics, as described regarding claim 13.
Obata in view of Pongratz and Coffee discloses the method wherein the medical device is cordless and weighs approximately 2 pounds or less, as described regarding claim 18.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CODY J LIEUWEN whose telephone number is (571)272-4477. The examiner can normally be reached Monday - Thursday 8-5, Friday varies.
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/CODY J LIEUWEN/Primary Examiner, Art Unit 3752
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