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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-15 (embodiment of figures 2-6) in the reply filed on 12/4/2025 is acknowledged.
Claim 16 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/4/2025.
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.
Claims 3-5 are 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 3 recites the limitation "said otoscope head" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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.
Claim(s) 9, 10 and 13-14 is/are rejected under 35 U.S.C. 102a1 as being anticipated by McMahon (US 20160128555).
With respect to claim 9, McMahon discloses an otoscope assembly (30) (see fig. 1 below) comprising: a handle assembly (34) having a connector (49, 72, see fig. 2) at one end; and an otoscope head (43) having a base, a neck, and a speculum support (see fig. 12-13 below), wherein said base is configured to interconnect with said connector of said handle assembly (see para. 34).
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As for claim 10, McMahon further discloses the assembly according to claim 9, wherein said speculum support has a large open end (e.g., at 232, see para. 57), an opposite small open end (e.g., at 228, see para. 57) and a funnel shaped peripheral wall (e.g., note that 254, bounds funnel 213) that extends from said large open end to said small open end (see fig. 13 above), wherein said neck attaches to said funnel shaped peripheral wall at a point between said large open end and said small open end (see fig. 12, 13 above).
As for claim 13, McMahon further discloses the assembly according to claim 9, further including a flashlight unit (69, 45, 45) that is received within said primary housing (see fig. 2-3).
As for claim 14, McMahon further discloses the assembly according to claim 13, wherein said flashlight unit produces light that is channeled through said otoscope head (see fig. 3, para. 40-45).
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.
Claim(s) 1 and 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moore (US 3978850) in view of Salo (US 6217512).
With respect to claim 1, Moore teaches a handle assembly (e.g., 22) for a medical instrument (see fig. 1 below), comprising: a primary housing (25) having a first end (proximal end 24) and an opposite open second end (distal end, which receives light source unit 26) (see col. 2 lines 26-36 below), wherein said primary housing defines an open central cavity (see col. 3 lines 21-33 to receive 26 and batteries), and wherein said open central cavity is accessible through said open second end (see col. 3 lines 21-33) and at least one access opening (62) that is disposed between said first end and said open second end (see col. 3 lines 45-50 and fig. 2 below); a connector (e.g., 44 and or ribs 45/46, see fig. 3) formed at said first end of said primary housing (see fig. 1 below); and a selectively detachable housing extension (52) attached to said open second end of said primary housing (see col. 3 lines 25-28).
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Moore does not appear to teach wherein said housing extension defines an internal compartment that is accessible when said housing extension is detached from said primary housing.
Salo, also drawn to handle assemblies, teaches a housing extension (28) that defines an internal compartment that is accessible when said housing extension is detached from said primary housing (see fig. 1 and also col. 3 lines 44-49) in order to contain the power source (e.g., batteries) within the handle (12) and allows for easy insertion/removal of the power source as needed (see col. 3 line 63- col. 4 line 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the housing extension of Moore wherein said housing extension defines an internal compartment that is accessible when said housing extension is detached from said primary housing, in view of Salo, as a matter of engineering design choice, in order to provide an alternate equivalent enclosure that provides the same function of containing the power source within the handle and allows for easy insertion/removal of the power source as needed.
As for claim 3, Moore, as modified by Salo, further teaches the handle assembly according to claim 1, wherein an otoscope head (e.g., 27- see fig. 8 below) has a base (e.g., 41, 42), a neck (see fig. 8 below, houses fiber optic 34), and a speculum support (e.g., 28, outer surface that contacts a specula), wherein said base is configured to interconnect with said connector at said first end of said primary housing (see fig. 3, 8 below and col. 3 lines 1-7).
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As for claim 4, Moore, as modified by Salo further teaches the handle assembly according to claim 3, wherein said speculum support has a large open end (e.g., at 40), an opposite small open end (38) and a funnel shaped peripheral wall that extends from said large open end to said small open end (see fig. 8 above), wherein said neck attaches to said funnel shaped peripheral wall at a point between said large open end and said small open end (see fig. 8 above).
As for claim 5, Moore, as modified by Salo further teaches the handle assembly according to claim 4, further including an access slot (e.g., 36) formed in said funnel shaped peripheral wall that extends from said large open end to said small open end (see fig. 9).
As for claim 6, Moore as modified by Salo, further teaches the handle assembly according to claim 1, further including a flashlight unit (26) that is received within said open central cavity of said primary housing.
As for claim 7, Moore, as modified by Salo, further teaches the handle assembly according to claim 6, wherein said flashlight unit is accessible in said primary housing through said at least one access opening (see col. 2 lines 25-36 above).
As for claim 8, Moore, as modified by Salo, further teaches the handle assembly according to claim 7, further including an otoscope head (27) attached to said connector on said primary housing, wherein said flashlight unit produces light that is channeled through said otoscope head (see fig. 3 above).
Claim(s) 11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mahon (US 20160128555), as applied to claim 10 above, in view of Truong (US 20130023914).
As for claim 11, McMahon further teaches insufflation channel/port (258) formed in said funnel shaped peripheral wall which provides access through the entirety of the interior of 200, but does not teach the access slot extends from said large open end to said small open end.
Truong, also drawn to otoscopes (see abstract), teaches an access slot (any of slots 50) formed in a funnel shaped peripheral wall (of 47, see fig. 2 and 7-10) that extends from the large open end to the small open end (see fig. 7-10) that cooperates with a port (either of 55a, 55b) in order move fluid through the port while more accurately directing/delivering the fluid to the desired site within the ear (see para. 87).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify McMahon with the access slot extending from said large open end to said small open end, in view of Truong, in order move fluid through the insufflation port while more accurately directing/delivering the fluid to the desired site within the ear.
With respect to claim 15, McMahon teaches an otoscope head assembly (43) that selectively attaches to a handle assembly (34) to form an otoscope (30) (see fig. 1 above), said otoscope head comprising: a base, a neck, and a speculum support (see fig. 12, 13 above), wherein said speculum support has a large open end (e.g., at 232, see para. 57), an opposite small open end (e.g., at 228, see para. 57) and a funnel shaped peripheral wall (e.g., note 254 which bounds funnel opening 213) that extends from said large open end to said small open end (see fig. 12, 13 above), wherein said neck attaches to said funnel shaped peripheral wall at a point between said large open end and said small open end (see fig. 12, 13 above).
McMahon further teaches insufflation channel/port (258) formed in said funnel shaped peripheral wall which provides access through the entirety of the interior of 200, but does not teach the access slot extends from said large open end to said small open end.
Truong, also drawn to otoscopes (see abstract), teaches an access slot (any of slots 50) formed in a funnel shaped peripheral wall (of 47, see fig. 2 and 7-10) that extends from the large open end to the small open end (see fig. 7-10) that cooperates with a port (either of 55a, 55b) in order move fluid through the port while more accurately directing/delivering the fluid to the desired site within the ear (see para. 87).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify McMahon with the access slot extending from said large open end to said small open end, in view of Truong, in order move fluid through the insufflation port while more accurately directing/delivering the fluid to the desired site within the ear.
Reasons for Allowance
The following is a statement of reasons for the indication of allowable subject matter:
The claims in the instant application have not been rejected using prior art (the closest prior art being US 20050165404) because no references, or reasonable combination thereof, could be found which disclose, or suggest, the claimed combination of limitations recited in independent claim 1. In particular, none of the cited references teach or suggest further including an otoscope head that is sized to fit within said internal compartment of said housing extension, as required by claim 2.
The claims in the instant application have not been rejected using prior art (the closest prior art being US 20050165404) because no references, or reasonable combination thereof, could be found which disclose, or suggest, the claimed combination of limitations recited in independent claim 9. In particular, none of the cited references teach or suggest further including a selectively detachable housing extension attached to said open second end of said primary housing, wherein said housing extension defines an internal compartment that is accessible when said housing extension is detached from said primary housing, wherein said otoscope head is sized to fit within said internal compartment, as required by claim 12.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Allowable Subject Matter
Claims 2 and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Nikzad (US 20130245491); Moore (US 4006738); Newman (US 4147163); Miller (US 20050165404); and Arne (US 8394016).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tara Carter whose telephone number is (571) 272-3402. The examiner can normally be reached on M-F 7am-3pm.
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/TARA ROSE E CARTER/Examiner, Art Unit 3773 /JACQUELINE T JOHANAS/Primary Patent Examiner, Art Unit 3773