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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 June 26, 2026 has been entered.
The listing of the claims fails to properly reflect the changes to the claims. For example, claim 1, line 11, shows “opening” being added because it is underlined. Yet, the term “opening” appears in the prior version of the claims filed on December 5, 2025. In the interest of compact prosecution, the claims have been examined as filed on June 26, 2026. Future amendments failing to comply with 37 CFR 1.121 will be held non-responsive.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 112
Claims 1-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for the first part 110 being provided with an opening, does not reasonably provide enablement for the second part 120 being provided with an opening. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention commensurate in scope with these claims. The specification discloses, on page 8, an “opening O of the first housing part 110.” The specification does not disclose an opening in the second part 120.
Claims 1-15 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 1 recites the limitation “a spray anticholinergic agent” in line 6. It appears to be a double inclusion of the “anticholinergic agent” recited in line 2. Additionally, the recitation appears to be idiomatically and/or grammatically incorrect.
Claim 1 recites “in an open position wherein the pump” in line 9. The recitation is grammatically incorrect. A comma appears to be missing after “position.”
Claim 1 recites the limitation "the at least one" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation “anticholinergic agent” in line 4. There is insufficient antecedent basis for this limitation in the claim. It appears to be a double inclusion of the “anticholinergic agent” recited in claim 1.
The entirety of claim 7 is grammatically and idiomatically incorrect.
Claim 7 recites the limitation “a liquid” in line 4. It appears to be a double inclusion of the “anticholinergic agent” recited in claim 1.
Claim 8 recites the limitation “a circumferential distal edge” in line 2. It appears to be a double inclusion of the “circumferential distal edge” recited in claim 1.
Claim 9 recites the limitation "each portion" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation “a blocking mechanism” in lines 1-2. It appears to be a double inclusion of the pump 20 and/or the container 10 because the groove 17 is an element of the container 10 and the protrusion 47 is an element of the pump 20.
In claim 12, line 1, “a operable” is grammatically incorrect.
In claim 12, line 3, the use of a comma is grammatically incorrect.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim Rejections - 35 USC § 102
Claim(s) 1, 3, 6, 10, 11, 14 (as best understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dobbs et al. (2005/0100391).
Dobbs et al. disclose a hand-held underarm spray delivery device comprising:
a container 22 for containing an anticholinergic agent for treating hyperhidrosis (“for containing an anticholinergic agent for treating hyperhidrosis” recites intended use and does not constitute a positively recited limitation; the container 22 of Dobbs et al. has the capability of containing an anticholinergic agent for treating hyperhidrosis);
an actuatable pump 21 connected to the container and comprising a spray dispensing orifice (orifice of stem 19) with a spray axis (axis of stem 19), wherein the pump is adapted for upon an actuation releasing a spray anticholinergic agent through said orifice along the spray axis (“adapted for upon an actuation releasing a spray anticholinergic agent through said orifice along the spray axis” merely requires the capability to perform the function of releasing a spray anticholinergic agent; the pump 21 of Dobbs et al. has the capability of releasing a spray anticholinergic agent through said orifice along the spray axis);
a housing comprising a first part 11, 14, 26, a second part 15, and a flexible shroud 16 attached to the first part and the second part, wherein the flexible shroud comprises a circumferential distal edge (lateral edge of strap 17) shaped to form a seal (lateral edge of strap 17 is shaped as a straight edge to from a seal with another straight/flat surface) when the second part is in an open position (open position of cap 15) wherein the pump is arranged within the housing, and wherein the at least one of first part and the second part is provided with at least one opening 12 aligned with the spray dispensing orifice for allowing the spray released through the dispensing orifice to pass through,
wherein the second part is rotatable about an axis (hinge axis) relative to the first part between the open position (open position of cap 15) in which spray can pass out of the housing, and a closed position (closed position of cap 15) in which the spray is prevented from passing out of the housing;
further comprising a biasing element 17 for biasing the second part to the open position;
wherein the container comprises a circumferential portion (circumferential opening mounted to the pump) arranged within the housing, and an end surface (bottom closed surface) spaced distally from the dispensing orifice and arranged to be pressed towards the spray dispensing orifice by a user for actuating the pump;
further comprising a blocking mechanism 27 adapted for preventing the actuation of the pump when the second part is in the closed position;
wherein the pump is releasably arranged within the housing to allow the pump or the pump and container connected thereto to be replaced;
wherein the axis of rotation is substantially parallel to a longitudinal axis (horizontal axis) of the container.
Claim Rejections - 35 USC § 103
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dobbs et al. (2005/0100391).
Dobbs et al. disclose the limitations of the claimed invention with the exception of a transparent material and a see-through portion. Both are well known in the art. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have made the container from a transparent material and provided a see-through portion in the housing in the device of Dobbs et al. for visibility.
Response to Arguments
Applicant's arguments filed June 26, 2026 have been fully considered but they are not persuasive.
Regarding the indefiniteness of claim 10, the groove 17 is an element of the container 10 and the protrusion 47 is an element of the pump 20.
Applicant argues that Dobbs et al. do not disclose a container for containing an anticholinergic agent for treating hyperhidrosis. The recitation “for containing an anticholinergic agent for treating hyperhidrosis” merely recites intended use. It does not constitute a positively recited limitation. The container of Dobbs et al. is capable of containing an anticholinergic agent for treating hyperhidrosis.
Applicant argues that Dobbs et al. do not disclose a flexible shroud comprising a circumferential distal edge shaped to form a seal. The lateral edge of strap 17 is shaped as a straight edge capable of forming a seal with another straight/flat surface.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK
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