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 .
Status of Claims
This office action is in response to the filing of the application on 11/20/2023. Since the initial filing, claim 1 has been canceled and claims 2-21 are new. Thus claims 2-21 are pending in the application.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4).
Reference characters are used multiple times in a single iteration to depict different parts of the device. Most notably; FIG 5 shows “5” being a flexible member yet is pointing to the internal housing “2”; FIG 5 shows magnet “5” in multiple locations and as the “first force generator”, “second force generator, and the “third force generator”. Drawings should lack any ambiguity and clearly depict an iteration of the device clearly and concisely.
FIG 23 shows pressure valve 38 connected to an unlabeled conduit.
FIG 23 shows number “51” within a box but has no corresponding structure or detail.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
paragraph [0039] reads “at the distal end (23)” and should read --at the distal end (32)--
paragraph [0041] reads “The fluid bleed conduit (43) can” and should be --The fluid bleed conduit (47) can--
paragraph [0041] reads “excess amount of fluid (38) can egress” and should be corrected to --excess amount of fluid (41) can egress--
paragraph [0042] reads “coupled between the fluid bleed port (35)” and should be --coupled between the fluid bleed port (34)--
paragraph [0045] reads “dispose the pressure release valve (24)” and should be --dispose the pressure release valve (38)—
claim 2, “said chamber” in line 4 lacks specification detail.
Appropriate correction is required.
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.
Claim 18 is 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.
Regarding Claim 18, the limitation reads “a fluid inlet port communicating between said external surface and said internal surface of the housing, wherein the fluid return conduit is coupled to the inlet port.” (ln. 3-5). However, the specification and drawings fail to support this claim. It is unclear if the applicant is claiming an additional inlet port in which the fluid return conduit is to be connected or if the applicant is meaning to claim the fluid return conduit is coupled to the pressure release valve 38. For the purpose of examination, the claim will be interpreted as the fluid return conduit is coupled to the pressure release valve (38).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-14 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10, 12, 13 of U.S. Patent No. 11,859,606. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Application
Claims 2-14
U.S. Patent No. 11,859,606
Claims 1-10, 12, 13
A device comprising:
a housing at least partially defining a chamber;
a flexible member configured to flex to increase or decrease a volume of said chamber;
a first magnetic force generator disposed on said flexible member;
a second magnetic force generator disposed on said housing, said first magnetic force generator being responsive to said second magnetic force generator to flex said flexible member, at least one of said first magnetic force generator or said second magnetic force generator comprising an electromagnetic force generator being configured to flex said flexible member to increase or decrease said volume of said chamber;
a fluid delivery conduit fluidically coupled to the chamber and operable to conduct fluid into or out of the chamber;
and an earpiece fluidically coupled to said fluid delivery conduit.
A device comprising:
a housing having a depth disposed between an open end and a closed end;
a flexible member having a peripheral margin sealably engaged to an open end of said housing to define an enclosed space within said housing, said flexible member being configured to flex to increase or decrease a volume of said enclosed space; (patent 11859606, describes their device within its specification in paragraph [0003] “a housing having an open end and a closed end, a flexible member having a peripheral margin sealably coupled to the open end to define an enclosed space therefore patent discloses the enclosed space as a chamber and this meets the limitations depicted within the instant claim 2.)
a first magnetic force generator being disposed on said flexible member; and
a second magnetic force generator being disposed proximate said closed end of said housing or proximate said open end of said housing, said first magnetic force generator being responsive to said second magnetic force generator to flex said flexible member, at least one of said first magnetic force generator or said second magnetic force generator comprising an electromagnetic force generator being configured to flex said flexible member to increase or decrease said volume of said enclosed space;
one or more ports communicating between opposite internal and external surfaces of said housing;
one or more tubular conduits correspondingly coupled to said one or more ports, said one or more tubular conduits operating to conduct fluid into or out of said enclosed space; and
an earpiece coupled to said one or more tubular conduits and configured to conduct fluid into or out of an external ear canal of an ear.
The device of claim 2, wherein the device is an ear canal pressure regulation device configured to control pressure in an external ear canal.
The device of claim 1, wherein the device is an ear canal pressure regulation device configured to control pressure in the external ear canal.
The device of claim 3, wherein the device is configured to produce a positive pressure and a negative pressure in the external ear canal as compared to an ambient pressure.
The device of claim 12, wherein the device is configured to produce a positive pressure and a negative pressure as compared to an ambient pressure.
The device of claim 2, comprising a ferromagnetic core responsive to said second magnetic force generator, said ferromagnetic core generally axially aligned with said first magnetic force generator disposed on said flexible member.
The device of claim 1, further comprising a ferromagnetic core responsive to said second magnetic force generator, said ferromagnetic core generally axially aligned with said first magnetic force generator disposed on said flexible member.
The device of claim 2, wherein said electromagnetic force generator is operable to intermittently flex said flexible member to increase or decrease said volume of said chamber, said electromagnetic force generator operates to oscillate said flexible member at a frequency of 0 kHz to 100 kHz.
The device of claim 1, wherein said electromagnetic force generator operable to intermittently flex said flexible member to increase or decrease said volume of said enclosed space, said electromagnetic force generator operates to oscillate said flexible member at a frequency of 0 kHz to 100 kHz.
The device of claim 6, wherein said chamber has a closed condition, and wherein flexing said flexible member to increase or decrease said volume of said chamber generates an amount of pressure in said chamber.
The device of claim 3, wherein said enclosed space has a closed condition, and wherein flexing said flexible member to increase or decrease said volume of said enclosed space generates an amount of pressure in said enclosed space. (enclosed space matching in comparison to “chamber” as iterated in claim 1)
The device of claim 7, wherein said amount of pressure comprises a positive amount of pressure or a negative amount of pressure.
The device of claim 4, wherein said amount of pressure comprises a positive amount of pressure or a negative amount of pressure.
The device of claim 8, wherein said amount of pressure comprises 0 psi to 20 psi.
The device of claim 6, wherein said amount of pressure comprises 0 psi to 20 psi.
The device of claim 2, comprising a port communicating between opposite internal and external surfaces of said housing, wherein the fluid delivery conduit is coupled to the port.
one or more ports communicating between opposite internal and external surfaces of said housing; (column 14, line 62-63)
The device of claim 2, comprising a pressure relief port coupled to a fluid pressure relief valve operable to release pressure from the chamber.
The device of claim 7, wherein said one or more ports comprises pressure relief port coupled to a fluid pressure relief valve operable to release said amount of pressure in said enclosed space. (enclosed space matching in comparison to “chamber” as iterated in claim 1)
The device of claim 11, wherein said fluid pressure release valve operable to release pressure above a threshold of at least 20 psi.
The device of claim 8, wherein said fluid pressure release valve operable to release said amount of pressure in said enclosed space in excess of 20 psi.
The device of claim 2, comprising a third magnetic force generator disposed on said housing, said first magnetic force generator responsive to said second magnetic force generator or said third magnetic force generator to flex said flexible member.
The device of claim 1, further comprising, a third magnetic force generator disposed proximate said closed end of said housing or proximate said open end of said housing, said first magnetic force generator responsive to said second magnetic force generator or said third magnetic force generator to flex said flexible member.
The device of claim 13, comprising a ferromagnetic core responsive to said third magnetic force generator, said ferromagnetic core generally axially aligned with said first magnetic force generator disposed on said flexible member.
The device of claim 10, further comprising a ferromagnetic core responsive to said third electromagnetic force generator, said ferromagnetic core generally axially aligned with said first magnetic force generator disposed on said flexible member.
Application
Claims 2, 19-21
U.S. Patent No. 11,859,606
Claims 14, 17-19
A device comprising:
a housing at least partially defining a chamber;
a flexible member configured to flex to increase or decrease a volume of said chamber;
a first magnetic force generator disposed on said flexible member;
a second magnetic force generator disposed on said housing, said first magnetic force generator being responsive to said second magnetic force generator to flex said flexible member, at least one of said first magnetic force generator or said second magnetic force generator comprising an electromagnetic force generator being configured to flex said flexible member to increase or decrease said volume of said chamber;
a fluid delivery conduit fluidically coupled to the chamber and operable to conduct fluid into or out of the chamber;
and an earpiece fluidically coupled to said fluid delivery conduit.
A device comprising:
a housing having a depth disposed between an open end and a closed end; a partition wall being configured to partition an enclosed space of said housing into a first fluid chamber and a second fluid chamber;
a flexible member configured to flex to increase or decrease a volume of said enclosed space;
a first magnetic force generator being disposed on said flexible member;
a second magnetic force generator being disposed proximate said closed end of said housing or proximate said open end of said housing, said first magnetic force generator being responsive to said second magnetic force generator to flex said flexible member, at least one of said first magnetic force generator or said second magnetic force generator comprising an electromagnetic force generator being configured to flex said flexible member to increase or decrease said volume of said enclosed space;
a fluid outlet port communicating between an external surface and an internal surface of the housing to conduct fluid from said first fluid chamber; and
a fluid delivery conduit sealably engaged to said fluid outlet port for delivery of fluid toward a distal end of said fluid delivery conduit;
and an earpiece coupled to said distal end of said fluid delivery conduit being configured to deliver fluid into an external ear canal of an ear.
The device of claim 2, comprising: a fluid inlet port; and a fluid source coupled to a fluid inlet conduit, said fluid source comprising fluid.
The device of claim 16 further comprising: a fluid inlet conduit coupled to said fluid inlet port; and a fluid source coupled to said fluid inlet conduit, said fluid source comprising fluid.
The device of claim 19, further comprising a fluid inlet valve disposed between said fluid inlet port and the fluid source, said fluid inlet valve being configured to interrupt fluid flow to said housing.
The device of claim 17 further comprising a fluid inlet valve disposed between said fluid inlet port and the fluid source, said fluid inlet valve being configured to interrupt fluid flow to said second fluid chamber.
The device of claim 20, further comprising a fluid bleed port communicating between an external surface of said housing and an internal surface of said housing.
The device of claim 18 further comprising a fluid bleed port communicating between said external surface of said housing and said internal surface of said housing to conduct fluid into and out of said second fluid chamber.
Claims 2, 6-8, 10, 13, 14 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 15, 17-20 of U.S. Patent No. 10,760,566. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Application
Claims 2, 6-8, 10, 13, 14
U.S. Patent No. 10760566
Claims 1, 15, 17-20
A device comprising:
a housing at least partially defining a chamber;
a flexible member configured to flex to increase or decrease a volume of said chamber;
a first magnetic force generator disposed on said flexible member;
a second magnetic force generator disposed on said housing, said first magnetic force generator being responsive to said second magnetic force generator to flex said flexible member, at least one of said first magnetic force generator or said second magnetic force generator comprising an electromagnetic force generator being configured to flex said flexible member to increase or decrease said volume of said chamber;
a fluid delivery conduit (aperture) fluidically coupled to the chamber and operable to conduct fluid into or out of the chamber; and
an earpiece fluidically coupled to said fluid delivery conduit.
A device comprising:
a housing having a depth disposed between an open end and a closed end; a partition wall being configured to partition an enclosed space of said housing into a first fluid chamber and a second fluid chamber;
a flexible member having a peripheral margin sealably engaged to an open end of said first fluid chamber, said flexible member being configured to flex to increase or decrease a volume of said enclosed space;
a first magnetic force generator being disposed on said flexible member;
a second magnetic force generator being disposed proximate said closed end of said housing or proximate said open end of said housing, said first magnetic force generator being responsive to said second magnetic force generator to flex said flexible member, at least one of said first magnetic force generator or said second magnetic force generator comprising an electromagnetic force generator being configured to flex said flexible member to increase or decrease said volume of said enclosed space;
an aperture being disposed in said partition wall and being configured to permit fluid communication between said first fluid chamber and said second fluid chamber;
a unidirectional valve being disposed in said partition wall and being configured to permit fluid flow through said aperture only from said second fluid chamber toward said first fluid chamber; and
a cover being sealably engaged to an open end of said second fluid chamber.
The device of claim 14 further comprising an earpiece coupled to said distal end of said fluid delivery conduit being configured to deliver said fluid into an external ear canal of an ear.
The device of claim 2, wherein said electromagnetic force generator is operable to intermittently flex said flexible member to increase or decrease said volume of said chamber, said electromagnetic force generator operates to oscillate said flexible member at a frequency of 0 kHz to 100 kHz.
1. electromagnetic force generator being configured to flex said flexible member to increase or decrease said volume of said enclosed space; (Frequency operating at 0kHz when off.)
The device of claim 6, wherein said chamber has a closed condition, and wherein flexing said flexible member to increase or decrease said volume of said chamber generates an amount of pressure in said chamber.
a partition wall being configured to partition an enclosed space of said housing into a first fluid chamber and a second fluid chamber; (the enclosed space is equated to the chamber which would inherently have a closed condition with an amount of pressure.)
The device of claim 7, wherein said amount of pressure comprises a positive amount of pressure or a negative amount of pressure.
a partition wall being configured to partition an enclosed space of said housing into a first fluid chamber and a second fluid chamber; (Pressure being positive or negative as there is no other option.)
10. The device of claim 2, comprising a port communicating between opposite internal and external surfaces of said housing, wherein the fluid delivery conduit is coupled to the port.
17. The device of claim 16, further comprising a fluid inlet port communicating between said external surface and said internal surface of the housing to conduct said fluid into said second fluid chamber. (It would be obvious to one of ordinary skill in the art to connect the aperture to the fluid inlet port as to allow fluid to flow from the source into the housing)
The device of claim 2, comprising: a fluid inlet port; and a fluid source coupled to a fluid inlet conduit, said fluid source comprising fluid.
The device of claim 17, further comprising: a fluid inlet conduit coupled to said fluid inlet port; and a fluid source coupled to said fluid inlet conduit, said fluid source comprising fluid.
The device of claim 19, further comprising a fluid inlet valve disposed between said fluid inlet port and the fluid source, said fluid inlet valve being configured to interrupt fluid flow to said housing.
The device of claim 18, further comprising a fluid inlet valve disposed between said fluid inlet port and the fluid source, said fluid inlet valve being configured to interrupt fluid flow to said second fluid chamber.
The device of claim 20, further comprising a fluid bleed port communicating between an external surface of said housing and an internal surface of said housing.
The device of claim 19, further comprising a fluid bleed port communicating between said external surface of said housing and said internal surface of said housing to conduct said fluid into and out of said second fluid chamber.
Claims 11-12 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 10760566 in view of Askem et al. (US 20130331823 A1).
Regarding claim 11 and 12, as discussed above claim 15 of US patent 10760566 teaches claim 2; however, the patent is silent on a pressure relief port coupled to a pressure release port operable to a pressure of 0- 20psi. Askem teaches a fluid pressure release valve operable to release an amount of pressure in an enclosed space (opening 134 of first outlet valve chamber 121b [0205]), but is silent regarding the amount of pressure in excess of 20 psi. However, Askem teaches wherein said amount of pressure comprises pressure levels that are below standard atmospheric pressure, which corresponds to 760 mmHg (or 14.696 psi), (see [0190]);
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device of claim 15 of US patent 10,760,566 with the pressure relief valve as taught by Askem and Askem's reference, such that said fluid pressure release valve is operable to release said amount of pressure in said enclosed space in excess of 20 psi, for the purpose of safely controlling and/or regulating the amount pressure in the enclosed space of the pump assembly during use, thereby enhancing the operational effect of the device.
Allowable Subject Matter
Claims 2-17, 19-21 allowed over the prior art; however, claims 2-21 are currently rejected under non-statutory double patenting.
Claim 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE B RESTAINO whose telephone number is (571)272-8697. The examiner can normally be reached Mon-Fri 8:00AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at (571) 272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIELLE B RESTAINO/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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