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 .
Claims 1-20 are pending in the instant application and are examined on the merits herein.
Priority
The instant application claims priority to 18/078,440 filed on 12/09/2022.
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 112(a) as follows:
Applicant states that this application is a continuation or divisional application of the prior-filed application. A continuation or divisional application cannot include new matter. Applicant is required to delete the benefit claim or change the relationship (continuation or divisional application) to continuation-in-part because this application contains the following matter not disclosed in the prior-filed application: Fig. 6-29 and all accompanying description.
Claims 1-20 receive the filing date of the instant application, filed on 11/01/2023.
Specification
The abstract of the disclosure is objected to because the abstract comprises phrases which can be implied (e.g. “[a]ccording to the disclosure”). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 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 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.
Claims 1-7, 10-12, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent no. 9,386,840 B2 to Huang.
Regarding claim 1, Huang discloses a device for delivering one or more topical compounds to a surface of mammalian tissue (col. 2 ln. 29-56), the device comprising:
a hollow portion (col. 3 ln. 38-54; Fig. 1, hollow reservoir 102);
an ejector (col. 5 ln. 5-19; Fig. 1, feeder screw 106 and dial 110); and
a tip portion (col. 4 ln. 56-67 and col. 6 ln. 1-4; Fig. 1, applicator 108; Fig. 6, interchangeable embodiments 602-610 of applicator 108),
wherein the hollow portion is configured to hold the one or more topical compounds to be delivered to the surface of mammalian tissue (col. 3 ln. 37-67),
wherein the tip portion is fluidly connected to the hollow portion (col. 6 ln. 29-41), and
wherein the ejector physically moves at least one portion of the one or more topical compounds from the hollow portion through the tip portion, to deliver the one or more topical compounds to the surface of mammalian tissue (col. 3 ln. 37-67; col. 4 ln. 56-67 and col. 5 ln. 1-4).
Regarding claim 2, Huang discloses the invention of claim 1. Huang further discloses wherein the tip portion is tapered such that the tip end is narrower in width than the hollow portion (Fig. 3, applicator 108 end narrower than hollow reservoir 102).
Regarding claim 3, Huang discloses the invention of claim 1. Huang further discloses wherein the tip portion is eccentric with respect to the hollow portion (col. 4 ln. 56-67 and col. 5 ln. 1-4; Fig. 1, applicator 108; Fig. 6, interchangeable embodiments 602-610 of applicator 108 comprising eccentric tip 606).
Regarding claim 4, Huang discloses the invention of claim 1. Huang further discloses wherein the tip portion further comprises one or more openings and/or one or more ports (col. 4 ln. 56-67 and col. 5 ln. 1-4; Fig. 1, applicator 108; Fig. 6, interchangeable embodiments 602-610 of applicator 108).
Regarding claim 5, Huang discloses the invention of claim 1. Huang further discloses wherein the tip portion is angled and/or beveled (col. 4 ln. 56-67 and col. 5 ln. 1-4; Fig. 1, applicator 108; Fig. 6, interchangeable embodiments 602-610 of applicator 108 comprising angled tips 606-608).
Regarding claim 6, Huang discloses the invention of claim 1. Huang further discloses wherein the tip portion narrows to an elongated and/or domed end (col. 4 ln. 56-67 and col. 5 ln. 1-4; Fig. 1, applicator 108; Fig. 6, interchangeable embodiments 602-610 of applicator 108 comprising elongated tips 602-606 and 610 and domed tips 602-604 and 610).
Regarding claim 7, Huang discloses the invention of claim 1. Huang further discloses wherein the tip portion comprises an application area (col. 4 ln. 56-67 and col. 5 ln. 1-4; Fig. 1, applicator 108; Fig. 6, interchangeable embodiments 602-610 of applicator 108), wherein the application area comprises one or more sponges (col. 4 ln. 56-67 and col. 5 ln. 1-4; Fig. 1, applicator 108; Fig. 6, interchangeable embodiments 602-610 of applicator 108 comprising sponge tip 608).
Regarding claim 10, Huang discloses the invention of claim 1. Huang further discloses wherein the tip portion comprises a rounded ball disposed at least partially inside the tip portion (col. 4 ln. 56-67 and col. 5 ln. 1-4; Fig. 1, applicator 108; Fig. 6, interchangeable embodiments 602-610 of applicator 108 comprising rollerball tip 610).
Regarding claim 11, Huang discloses the invention of claim 1. Huang further discloses wherein the tip portion comprises one or more brushes (col. 4 ln. 56-67 and col. 5 ln. 1-4; Fig. 1, applicator 108; Fig. 6, interchangeable embodiments 602-610 of applicator 108 comprising brush 602).
Regarding claim 12, Huang discloses the invention of claim 1. Huang further discloses wherein the tip portion comprises a curved end that is ergonomic to one or more rounded surfaces on the surface of mammalian tissue (col. 4 ln. 56-67 and col. 5 ln. 1-4; Fig. 1, applicator 108; Fig. 6, interchangeable embodiments 602-610 of applicator 108 comprising curved tips 602-604 and 610).
Regarding claim 18, Huang discloses a device for delivering one or more topical compounds to a surface of mammalian tissue (col. 2 ln. 29-56), the device comprising:
a hollow portion comprising a first connector end and an ejector (col. 3 ln. 38-54; col. 5 ln. 5-19; col. 6 ln. 29-53; Fig. 1 hollow reservoir 102 comprising applicator holder 118 comprising first connector end, feeder screw 106, and dial 110); and
a tip portion comprising an applicator end and a second connector end (col. 4 ln. 56-67 and col. 5 ln. 1-4; Fig. 1, applicator 108; Fig. 6, interchangeable embodiments 602-610 comprising applicator ends as brushes, swabs, flocked tips, sponges, and rollerballs and second connector ends of applicator 108),
wherein the hollow portion is configured to hold the one or more topical compounds to be delivered to the surface of mammalian tissue (col. 3 ln. 37-67),
wherein the first connector end is fluidly connected to the second connector end (col. 6 ln. 29-53),
wherein the ejector physically moves at least one portion of the one or more topical compounds through the tip portion and through the applicator end (col. 3 ln. 37-67; col. 4 ln. 56-67 and col. 6 ln. 1-4),
wherein the applicator end applies the one or more topical compounds to the surface of mammalian tissue (col. 3 ln. 37-67; col. 4 ln. 56-67 and col. 6 ln. 1-4).
Regarding claim 19, Huang discloses the invention of claim 18. Huang further discloses wherein the first connector end and/or the second connector end is a non-luer-style connector (col. 6 ln. 29-53).
Regarding claim 20, Huang discloses the invention of claim 18. Huang further discloses wherein the first connector end and/or the second connector end is a luer-style connector (col. 6 ln. 29-53).
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 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Huang as applied above, and further in view of EP/0671960 B1 to Pournoor.
Regarding claims 8-9, Huang discloses the invention of claim 1. Huang further discloses (Claim 8) wherein the tip portion comprises a plurality of holes (col. 4 ln. 56-67 and col. 5 ln. 1-4; Fig. 1, applicator 108; Fig. 6, interchangeable embodiments 602-610 comprising applicator ends as brushes, swabs, flocked tips, sponges, and rollerballs and second connector ends of applicator 108; sponges inherently have a plurality of holes); however, the prior art differs from the instantly claimed invention in that the prior art fails to explicitly disclose (Claim 8) wherein the tip portion comprises a plurality of microscopic holes, and (Claim 9) wherein the plurality of microscopic holes comprises a plurality of micron-sized holes and/or a plurality of nanometer-sized holes.
Pournoor teaches that the pore size, pore size distribution, or porosity of a foam sponge liquid applicator needs to be optimized dependent upon the viscosity, density, volume, and surface tension of the liquid to be dispensed to allow a portion of the liquid contained in the applicator to flow to the outer surface of the foam sponge without dripping down (col. 5 ln. 52-59 and col. 6 ln. 1-13). According to the teachings of Pournoor, the pore size of a sponge applicator is a result effective variable in that changing the pore size changes the amount of drippage of a dispensed liquid. Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the Huang applicator tip to have holes sized as claimed, as it involves only adjusting the dimension of a component disclosed to require adjustment. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify at least one of the applicator tips of Huang to have microscopic, micron-sized, and/or nanometer-sized holes as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Huang as applied above, and further in view of US/2007/0286666 A1 to Bouix.
Regarding claim 14, Huang discloses the invention of claim 1; however, the prior art differs from the instantly claimed invention in that the prior art fails to disclose wherein the tip portion comprises an abrasive application area for applying abrasion to the surface of mammalian tissue.
Bouix teaches a cosmetic dispensing device wherein the tip features may be varied and may comprise an exfoliating tip (para. 0042-0043).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the interchangeable tips of Huang to further comprise at least one exfoliating tip as taught by Bouix, because Bouix teaches that an exfoliating tip may be used so that at the time of application a product may better penetrate the skin (para. 0043).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Huang as applied above, and further in view of US/2012/0310185 A1 to Defemme.
Regarding claim 15, Huang discloses the invention of claim 1; however, the prior art differs from the instantly claimed invention in that the prior art fails to disclose wherein the tip portion comprises one or more filters disposed within an interior of the tip portion.
Defemme teaches a liquid dispensing bottle comprising a filter within an interior of a tip portion (Fig. 1, anti-bacterial filter membrane 7 within tip 5).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify at least one of the interchangeable tips of Huang to comprise a filter within the interior as taught by Defemme, because Defemme teaches that a filter in the tip of the dispenser can protect the product within from external contamination, notably bacteria (para. 0048).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Huang as applied above, and further in view of U.S. Patent no. 2,953,284 A to Prussin.
Regarding claim 16, Huang discloses the invention of claim 1; however, the prior art differs from the instantly claimed invention in that the prior art fails to disclose wherein one or more interior surfaces of the device are pre-lubricated.
Prussin teaches a dispenser comprising a pre-lubricated interior surface (Fig. 1; col. 4 ln. 68-75 and col. 5 ln. 1-5; col. 7 ln. 6-14).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the interior surface of Huang to be pre-lubricated as taught by Prussin, because Prussin teaches that lubrication in the interior of the dispenser housing minimizes substance adherence thereto, allowing for increased drainage of substances from the dispenser (col. 8 ln. 45-52).
Claims 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Huang as applied above.
Regarding claim 13, Huang discloses the invention of claim 1. Huang further discloses wherein the tip portion comprises an application area (col. 4 ln. 56-67 and col. 5 ln. 1-4; Fig. 1, applicator 108; Fig. 6, interchangeable embodiments 602-610 of applicator 108); however, Huang fails to explicitly disclose that the application area dispenses the one or more topical compounds in one or more individual droplets.
Regarding the limitation “wherein the application area dispenses the one or more topical compounds in one or more individual droplets” as that the invention of Huang discloses substantially identical structure to the claimed prior art, the claimed results are considered to be inherent. As supported in MPEP 2112.01, “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).” Huang discloses that the tip portions of their invention may be used for products having various solid, semi-solid, powder, and liquid forms (col. 4 ln. 56-67 and col. 5 ln. 1-4), such that dependent upon the form of the product the compounds will be dispensed in different ways.
Regarding claim 17, Huang discloses the invention of claim 1. Huang further discloses wherein the device comprises a marking disposed on an exterior surface of the device (col. 5 ln. 32-42); however, Huang fails to explicitly discloses wherein the device comprises a plurality of markings.
It would be considered obvious to one of ordinary skill in the art to provide a plurality of markings on an exterior surface of the device of Huang in view of Huang’s disclosure that their device can comprise a mark or other visual reference to show a user how much the dial (110) and the feeder screw (106) have been rotated (col. 5 ln. 32-42).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US/2024/0009434 A1 to Moein discloses a therapeutic agent dispenser comprising different shaped tips. US/2023/0285729 A1 to Wittes discloses a dispenser actuator assembly. U.S. Patent no. 5,857,796 A to Waldman discloses an applicator comprising different shaped tips.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linnae Raymond whose telephone number is (571)272-6894. The examiner can normally be reached M-F 8:00am to 4:00pm.
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/Linnae E. Raymond/Examiner, Art Unit 3781
/PHILIP R WIEST/Primary Examiner, Art Unit 3781