DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/2/26 has been entered.
Claim Objections
Claim 20 is objected to because of the following informalities: line 18 should be amended to -inserting the rotatable tip into [[a]] the nasal cavity;-. Appropriate correction is required.
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, 2, 7-12, 14-16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20140200507 A1 to Azeez in view of US 20140276624 A1 to Jeppson.
Regarding claim 1:
Azeez discloses:
A nasal cleaning device (figures 1-6) comprising:
a housing (1) including a first end (see the first end A in figure 1 below) and a second end (see the first end B in figure 1 below);
a head assembly (2/3) disposed on the first end (see the first end A in figure 1 below) of the housing (1), the head assembly (2/3) including
a rotatable tip (2; ¶0048),
a rotatable tip driver (23/150/21 which drives the head 2; ¶0046) connected to (connected via 21) the rotatable tip (2; ¶0048), and
a basin (15) circumscribing the rotatable tip (2) (as shown in figure 2 and 3), the basin (15) adapted for catching waste released from a nasal cavity () during use (¶0035), wherein the basin (15) includes an upper lip (see the upper lip D in figure 2 below) defining and upper perimeter (as shown in figure 2 below) of the basin (15),
a fluid tank (80/100) disposed on the second end (see the first end B in figure 1 below) of the housing (1), the fluid tank (80/100) including a clean reservoir (80) and a waste reservoir (100), the clean reservoir (80) in fluid communication (via 16) with the rotatable tip (2) of the head assembly (2/3), the waste reservoir (100) in fluid communication (via 17) with the basin (15) of the head assembly (2/3).
Azeez fails to disclose:
The rotatable tip driver positioning the entirety of the rotatable tip directly above the basin wherein the rotatable tip is disposed entirely above the upper lip of the basin and the rotatable tip driver is disposed substantially through the basin such that a first portion of the rotatable tip driver is disposed within an interior of the basin and a second portion of the rotatable tip driver is disposed above the upper lip of the basin.
Jeppson teaches:
A nasal cleaning device (figures 5 and 6) including a housing (12), tip (18) and basin (92). Further, the tip is located above the lip of the basin (as shown in figure 6) in order to allow the waste to flow directly into the basin (¶0057).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Azeez to locate rotatable tip driver over the entirety of the upper lip of the basin with the rotatable tip extending from within the basin to above the basin based on the teaching of Jeppson since this would allow the waste fluid to flow completely into the basin without a mess (Jeppson, ¶0057).
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Figure 1 – figure 2 of Azeez, annotated by the examiner
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Figure 2 – figure 3 of Azeez, annotated by the examiner
Regarding claim 2:
Azeez discloses:
The nasal cleaning device of Claim 1, wherein the rotatable tip (2) of the head assembly (2/3) is configured to rotate through at least an entire revolution (¶0048 indicates the head can rotate 1000+ rpm indicating at least one entire revolution).
Regarding claim 7:
Azeez discloses:
The nasal cleaning device of Claim 1, wherein the rotatable tip (2) of the head assembly (2/3) is removably attached to the head assembly (the head/head cover is replaceable as indicated in ¶0053).
Regarding claim 9:
Azeez discloses:
The nasal cleaning device of Claim 1, wherein the rotatable tip (2) of the head assembly (2/3) includes a plurality of channels (see outlets 12 in figure 3) in fluid communication with the clean reservoir (80).
Regarding claim 10:
Azeez discloses:
The nasal cleaning device of Claim 1, wherein the basin (15) of the head assembly (2/3) includes an aperture (16) disposed within a lower portion of the basin (15) below the upper lip (below D as shown in figure 2 above), the waste reservoir (100) in fluid communication with the basin (15) via the aperture (inlets 15).
Regarding claim 11:
Azeez discloses:
The nasal cleaning device of Claim 1, wherein the rotatable tip driver (23/150/21 which drives the head 2; ¶0046) is configured to drive rotation of the rotatable tip (2; ¶0048) when the nasal cleaning device (figures 1-6) is powered on by engaging a power button (300) in communication with an electrical system (processor 10 and power source 5; controls the motor 150 which rotates 23/150/21).
Regarding claim 12:
Azeez discloses:
The nasal cleaning device of Claim 1, wherein the rotatable tip driver (21) is removably attached to the head assembly (¶0046 indicates that the tip driver 21 can be removed from the rotor 23).
Regarding claim 14:
Azeez discloses:
The nasal cleaning device of Claim 1, wherein the waste reservoir (100) is in fluid communication with the basin (15) of the head assembly (2/3) via a fourth tube (17/17a; ¶0035), the fourth tube (17/17a) configured to permit a gravity flow (gravity aids the flow of fluid through the fourth tube 17/17a when held in the orientation as shown in figure 6) from the basin (15) of the head assembly (2/3) to the waste reservoir (100).
Regarding claim 15:
Azeez discloses:
The nasal cleaning device of Claim 1, wherein the clean reservoir (80) is separated from the waste reservoir (100) by a wall (see the wall surrounding chamber 80 as shown in figure 3).
Regarding claim 16:
Azeez discloses:
The nasal cleaning device of Claim 1, wherein the fluid tank (80/100) further includes a drain (17a) disposed adjacent the waste reservoir (100), the drain configured to drain potential leakage (drains the leakage form 15 into the chamber 100) into the waste reservoir (100).
Regarding claim 20:
Azeez discloses:
A method of using a nasal cleaning device, the method comprising:
providing (see figure 3 and 6 where the device is provided) the nasal cleaning device (see the nasal device of figure 1) comprising a housing (1) including a first end (see the first end A in figure 1 above) and a second end (see the first end B in figure 1 above), a head assembly (2/3) disposed on the first end (see the first end A in figure 1 above) of the housing (1), the head assembly (2/3) including a rotatable tip (2), a rotatable tip driver (23/150/21 which drives the head 2; ¶0046) connected to the rotatable tip (2), and a basin (15) circumscribing the rotatable tip (2) (as shown in figure 3), the basin (15) adapted for catching waste released from a nasal cavity (¶0040) during use (¶0035), wherein the basin (15) includes an upper lip (see the upper lip D in figure 2 above) defining an upper perimeter (as shown in figure 2 below) of the basin (15), and a fluid tank (80/100) disposed on the second end (see the first end B in figure 1 above) of the housing (1), the fluid tank (80/100) including a clean reservoir (80) and a waste reservoir (100), the clean reservoir (80) in fluid communication (via 16) with the rotatable tip (2) of the head assembly, the waste reservoir (100) in fluid communication with the interior of the basin (15) of the head assembly;
inserting (as shown in figure 6) the rotatable tip (2) into a nasal cavity (¶0040);
turning the nasal cleaning device on (see the switch 300 which turns the device on; ¶0049; ¶0051);
transferring (transferring via the pump 70) a solution (fluid within 80) from the clean reservoir (80) of the fluid tank (80/100) to the nasal cavity (¶0034 and ¶0049);
collecting fluid (fluid received at the basin 15; ¶0035) in the basin (15) of the head assembly (2/3) and transferring the fluid to the waste reservoir (100) of the fluid tank (80/100)(¶0035);
turning the nasal cleaning device off (see ¶0053 which discusses turning the device off to empty chamber 100); and
removing the rotatable tip (2) from the nasal cavity (¶0053 discusses how the device is removed from the nostril and further it is inherent that the rotatable tip 2 is removed from the nostril since the user does not leave the device permanently in the nose).
Azeez fails to disclose:
The rotatable tip driver positioning the entirety of the rotatable tip directly above the basin, wherein the rotatable tip is disposed entirely above the upper lip of the basin and the rotatable tip driver is disposed substantially through the basin such that a first portion of the rotatable tip driver is disposed within an interior of the basin and a second portion of the rotatable tip driver is disposed above the upper lip of the basin.
Jeppson teaches:
A nasal cleaning device (figures 5 and 6) including a housing (12), tip (18) and basin (92). Further, the tip is located above the lip of the basin (as shown in figure 6) in order to allow the waste to flow directly into the basin (¶0057).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Azeez to locate rotatable tip driver over the entirety of the upper lip of the basin with the rotatable tip extending from within the basin to above the basin based on the teaching of Jeppson since this would allow the waste fluid to flow completely into the basin without a mess (Jeppson, ¶0057).
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20140200507 A1 to Azeez and US 20140276624 A1 to Jeppson as applied to claim 1 above, and further in view of SE 501876 C2 to Dahlstrand (see English language machine translation attached to this or a previous office action).
Regarding claim 3:
Azeez fails to disclose:
The nasal cleaning device of Claim 1, wherein the rotatable tip of the head assembly is configured to oscillate.
Dahlstrand teaches:
A motorized endoscopic tool for the removal of prostate tissue (see figures 1-3). The tool includes a head (8), shaft (7) and housing (1). The reference further teaches that the head can be rotated or oscillated (page 4, ¶5 of the translation) in order to remove material from the body.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Azeez to replace the rotation motion with an oscillation motion as taught by Dahlstrand. This is a simple substitution of one known element (rotation motion as taught by Azeez) for another (oscillation motion as taught by Dahlstrand) to obtain predictable results (to remove material such as mucus from the body).
Regarding claim 4:
Azeez discloses:
The nasal cleaning device of Claim 3, further comprising a first motor (150) configured to drive the rotatable tip of the head assembly (¶0046).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20140200507 A1 to Azeez, US 20140276624 A1 to Jeppson and SE 501876 C2 to Dahlstrand as applied to claim 1 above, and further in view of CN 113018602 A to Zhao (see English language machine translation attached to this or a previous office action).
Regarding claim 5:
Azeez, Jeppson and Dahlstrand fail to disclose:
The nasal cleaning device of Claim 4, further comprising:
a first gear coupled to the first motor;
a second gear and a third gear directly coupled to a drive shaft, the drive shaft coupled to the rotatable tip of the head assembly;
wherein the first gear has an engagement portion and a nonengagement portion, rotation of the first gear resulting in the engagement portion engaging one of the second gear and the third gear and the nonengagement portion engaging the other of the second gear and the third gear, engagement of second gear causing the second gear to rotate in a first direction and engagement of the third gear causing the third gear to rotate in a second direction.
Zhao teaches:
A mixing device (figure 3) that includes transmission including a first gear (211/210), a second gear (213/212) and a third gear (214/215). The first gear is coupled to a first motor (204) and a first engagement portion of the first gear (211/210) engaged with the second gear (213/212) and a second nonengagement portion engages with the third gear (214/215). Further the second and third gear are on the same shaft as shown in figure 3.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Azeez, Jeppson and Dahlstrand to replace the transmission in Azeez between the motor 150 and the head 2 with the transmission as taught by Zhao including the first, second and third gear with the second and third gear on the same shaft. This would also result in the first gear engagement portion engaged with the second gear and the nonengagement portion engaged with the third gear with the second and third gears spinning in the opposite direction. This is a simple substitution of one known element (transmission between the motor and head of Azeez) for another (transmission of Zhao including the first, second and third gears) to obtain predictable results (to spin or rotate the head in Azeez).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20140200507 A1 to Azeez, US 20140276624 A1 to Jeppson and SE 501876 C2 to Dahlstrand as applied to claim 1 above, and further in view of WO 2021051051 A1 to Mathis.
Regarding claim 6:
Azeez, Jeppson and Dahlstrand fail to disclose:
The nasal cleaning device of Claim 3, wherein the rotatable tip is configured to oscillate +/- 30 degrees about a vertical axis.
Mathis teaches:
A device for cleaning chronic bronchitis that includes a head (187) and a housing (8). The head can oscillate between 0 to 360 degrees (includes the range of +/- 30 degrees) in order to clean either a small portion or the entire circumference of an airway (¶00211).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Azeez, Jeppson and Dahlstrand to oscillate the rotatable tip between 0 to 360 degrees (includes the range of +/- 30 degrees) as taught by Mathis to increase the amount of area that could be cleaned within the nasal cavities/passages (Mathis, ¶00211).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20140200507 A1 to Azeez and US 20140276624 A1 to Jeppson as applied to claim 1 above, and further in view of US 20110144588 A1 to Taylor et al. (Taylor).
Regarding claim 13:
Azeez fails to disclose:
The nasal cleaning device of Claim 1, wherein the clean reservoir is in fluid communication with the rotatable tip of the head assembly via a first tube, a second tube, a third tube, and a diaphragm pump, the diaphragm pump configured to provide fluid flow from the clean reservoir to the rotatable tip of the head assembly.
Taylor teaches:
A nasal cleaning device (figure 3) that includes a diaphragm pump (116), a head assembly (124) and a clear reservoir (114). The pump, reservoir and head are connected by three tubes (first, second and third) including 128, 190 and 194.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Azeez and Jeppson to replace the pump and tubing system in Azeez with the diaphragm pump and the first, second and third tubes as taught by Taylor. This is a simple substitution of one known element (see the pump and tubing of Azeez) for another (diaphragm pump and the first, second and third tubes) to obtain predictable results (to transport fluid from the clean reservoir to the head of Azeez).
Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20140200507 A1 to Azeez and US 20140276624 A1 to Jeppson as applied to claim 1 above, and further in view of EP 3202445 A1 to Takabatake et al. (Takabatake).
Regarding claim 17:
Azeez discloses:
The nasal cleaning device of Claim 1, further including a removable cap (4; ¶0031) removably disposed on the head assembly (2/3).
Azeez and Jeppson fails to disclose:
The removable cap adapted to store an extra rotatable tip therein.
Takabatake teaches:
A drug syringe unit (figure 24) that includes a storage unit (43) that includes a cap (44) that stores a tip/syringe (35). This syringe can be a replacement unit (¶0161 and 0162).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Azeez and Jeppson to include storing a replacement tip in the cap as taught by Takabatake in order to have replacement components available for use (Takabatake, ¶0161).
Regarding claim 18:
Azeez discloses:
The nasal cleaning device of Claim 17, wherein the removable cap (4) covers an entirety (as shown in figures 1 and 2) of the head assembly (2/3).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20140200507 A1 to Azeez and US 20140276624 A1 to Jeppson as applied to claim 1 above, and further in view of CN 113018602 A to Zhao (see English language machine translation attached to this or a previous office action) and US 20110144588 A1 to Taylor et al. (Taylor).
Regarding claim 19:
Azeez discloses:
The nasal cleaning device of Claim 1, wherein:
a first motor (150) is configured to drive the rotatable tip of the head assembly (¶0046),
the rotatable tip (2) of the head assembly (2/3) is removably attached to the head assembly (the head/head cover is replaceable as indicated in ¶0053),
the rotatable tip (2) of the head assembly (2/3) includes a plurality of channels (see outlets 12 in figure 3) in fluid communication with the clean reservoir (80),
the basin (15) of the head assembly (2/3) includes an aperture (see the aperture C in figure 2 above) disposed within (as shown in figure 2 above) a lower portion of the basin (15) below said upper lip, the waste reservoir (100) in fluid communication with the basin (15) via the aperture (inlets 15),
the rotatable tip driver (23/150/21) is configured to drive rotation of the rotatable tip (2; ¶0048) when the nasal cleaning device (figures 1-6) is powered on by engaging a power button (300) in communication with an electrical system (processor 10 and power source 5; controls the motor 150 which rotates 23/150/21),
the rotatable tip driver (21) is removably attached to the head assembly (¶0046 indicates that the tip driver 21 can be removed from the rotor 23),
the waste reservoir (100) is in fluid communication with the basin (15) of the head assembly (2/3) via a fourth tube (17/17a; ¶0035), the fourth tube (17/17a) configured to permit a gravity flow (gravity aids the flow of fluid through the fourth tube 17/17a when held in the orientation as shown in figure 6) from the basin (15) of the head assembly (2/3) to the waste reservoir (100),
the clean reservoir (80) is separated from the waste reservoir (100) by a wall (see the wall surrounding chamber 80 as shown in figure 3),
the fluid tank (80/100) further includes a drain (17a) disposed adjacent the waste reservoir (100), the drain configured to drain potential leakage (drains the leakage form 15 into the chamber 100) into the waste reservoir (100), and
a removable cap (4; ¶0031) disposed on the head assembly (2/3), the removable cap (4) covers an entirety (as shown in figures 1 and 2) of the head assembly (2/3).
Azeez and Jeppson fails to disclose:
A first gear is coupled to the first motor,
a second gear and a third gear is directly coupled to a drive shaft, the drive shaft coupled to the rotatable tip of the head assembly, the first gear has an engagement portion and a nonengagement portion, rotation of the first gear resulting in the engagement portion engaging one of the second gear and the third gear and the nonengagement portion engaging the other of the second gear and the third gear, engagement of the second gear causing the second gear to rotate in a first direction and engagement of the third gear causing the third gear to rotate in a second direction,
the clean reservoir is in fluid communication with the rotatable tip of the head assembly via a first tube, a second tube, a third tube, and a diaphragm pump, the diaphragm pump configured to provide fluid flow from the clean reservoir to the rotatable tip of the head assembly.
Zhao teaches:
A mixing device (figure 3) that includes transmission including a first gear (211/210), a second gear (213/212) and a third gear (214/215). The first gear is coupled to a first motor (204) and a first engagement portion of the first gear (211/210) engaged with the second gear (213/212) and a second nonengagement portion engages with the third gear (214/215). Further the second and third gear are on the same shaft as shown in figure 3.
Taylor teaches:
A nasal cleaning device (figure 3) that includes a diaphragm pump (116), a head assembly (124) and a clear reservoir (114). The pump, reservoir and head are connected by three tubes (first, second and third) including 128, 190 and 194.
Regarding the limitation “a first gear is coupled to the first motor, a second gear and a third gear is directly coupled to a drive shaft, the drive shaft coupled to the rotatable tip of the head assembly, the first gear has an engagement portion and a nonengagement portion, rotation of the first gear resulting in the engagement portion engaging one of the second gear and the third gear and the nonengagement portion engaging the other of the second gear and the third gear, engagement of second gear causing the second gear to rotate in a first direction and engagement of the third gear causing the third gear to rotate in a second direction,”:
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Azeez and Jeppson to replace the transmission in Azeez between the motor 150 and the head 2 with the transmission as taught by Zhao including the first, second and third gear with the second and third gear on the same shaft. This would also result in the first gear engagement portion engaged with the second gear and the nonengagement portion engaged with the third gear with the second and third gears spinning in the opposite direction. This is a simple substitution of one known element (transmission between the motor and head of Azeez) for another (transmission of Zhao including the first, second and third gears) to obtain predictable results (to spin or rotate the head in Azeez).
Regarding the limitation “the clean reservoir is in fluid communication with the rotatable tip of the head assembly via a first tube, a second tube, a third tube, and a diaphragm pump, the diaphragm pump configured to provide fluid flow from the clean reservoir to the rotatable tip of the head assembly”:
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Azeez and Jeppson to replace the pump and tubing system in Azeez with the diaphragm pump and the first, second and third tubes as taught by Taylor. This is a simple substitution of one known element (see the pump and tubing of Azeez) for another (diaphragm pump and the first, second and third tubes) to obtain predictable results (to transport fluid from the clean reservoir to the head of Azeez).
Response to Arguments
Applicant’s arguments, see remarks, filed 3/2/26, with respect to the rejection(s) of claim(s) 1-7 and 9-20 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in US 20140200507 A1 to Azeez and US 20140276624 A1 to Jeppson.
Regarding the 35 USC 103 rejections of claims 1 and 20:
The applicant has argued that the above combination of Azeez and Jeppson lack motivation (see 10 and 11 of the remarks). However, as indicated above, Jeppson does indicate orienting the tip above the lip of the basin allows the waste fluid to flow completely into the basin without a mess (Jeppson, ¶0057). For this reason, the applicant’s arguments are not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WESLEY HARRIS whose telephone number is (571)272-3665. The examiner can normally be reached M to F, 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached on (571) 270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WESLEY G HARRIS/Examiner, Art Unit 3783