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 Group IB, Claims 1, 3, 4, 6, 7, 13-15, 17, 19, and 20 in the reply filed on 19 May 2026 is acknowledged. Claims 13 and 19 were incorrectly indicated as being dependent upon Claim 8, but have hereby rejoined with Group IB as they are dependent upon independent Claim 1 which forms the base claim for Group IB.
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.
Claim(s) 1, 3, 6, 7, 13, 14, 17, 19, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2009/0008415 (“Ohshima”) in view of U.S. Publication No. 2009/0314293 (“Djupesland”).
Regarding Claim 1, Ohshima discloses a liquid dispenser (see e.g. Fig. 5) for nasal applications (Par. 2), the liquid dispenser comprising:
a liquid reservoir (12) storing liquid prior to discharge;
an elongated nasal applicator (45);
a nozzle plate (8) having a nozzle opening (8b) provided at a distal end of the nasal applicator; and
a conveying device comprising:
a spring accumulator (26);
a movable pressure element (22) serving to pressurize the liquid for discharge (Par. 230); and
an actuating handle (21) for manual displacement from a starting position (see Fig. 5) into an actuated end position (not shown for the embodiment of Fig. 5 – but consider when the handle has been depressed toward the body of the device to pivot about axis 21a – see Par. 246), the actuating handle and the pressure element being connected by the spring accumulator (i.e. the two components are operatively connected in operation by the force storing and releasing function of the accumulator as further described below), the spring accumulator being loaded by displacement of the actuating handle into the end position (i.e. the handle is compressed toward the body of the device which in turn moves the moveable pressure element and spring accumulator thereby compressing the spring accumulator into an energy storing end position) and the spring accumulator subsequently moving the pressure element once the actuating handle has already reached the end position (i.e. after the actuating handle is depressed to the end position it is released which releases the resisting force on the spring accumulator, the spring accumulator is then permitted to expand which pushes against the moveable component which in turn presses against the camming rib 21b of the handle thereby returning the handle back to its original starting position from its actuated end position thereby defining the operative connection between the moveable pressure element and the actuating handle).
Ohshima discloses the invention substantially as claimed except that nozzle plate comprises a plurality of nozzle openings. Rather Ohshima discloses only a single discharge opening (8b). However, Djupesland discloses a related nasal applicator nozzle (32) which may comprise either a single nozzle opening (245 - see Fig. 20) or a plurality of nozzle openings (347 – see Fig. 53) thereby providing a diffuse multi-origins spray. It would have been obvious for one having ordinary skill in the art at the time the invention was made to replace the single opening of the invention of Oshima with a plurality of nozzle discharge openings, as disclosed by Djupesland, in order to alter flow dynamics to provide a more diffuse spray and also ensure patency of the flow path should one of the openings become clogged or obstructed.
Regarding Claim 3, Ohshima discloses the conveying device has a pump device with a pump chamber (see the chamber in which the piston 22 is disposed), the pump chamber having an inlet channel (31a) with an inlet valve (see ball valve 5) and an outlet valve (see piston 9), wherein the inlet channel connects the pump chamber to the liquid reservoir and the outlet channel connects the pump chamber to the nozzle openings (see Fig. 5), and the pressure element forms a pump piston by which the pump chamber can be reduced in size or increased in size (i.e. the pressure element forms a moveable piston within the chamber – see Fig. 5).
Regarding Claim 6, Ohshima discloses an elongated housing (see collectively 31, 32) oriented in a direction of a main direction of extent, and the actuating handle is arranged eccentrically with respect to a central axis of the housing (see Fig. 5) and is, in the case of actuation, displaced at least also radially in the direction of the central axis (i.e. the handle is pivoted toward the central axis of the body from the starting position to the ending position).
Regarding Claim 7, Ohshima discloses the spring accumulator is formed in the manner of a coil spring (see Fig. 5) and the liquid reservoir is filled with a pharmaceutical liquid.
Regarding Claim 13, Ohshima discloses the invention substantially as claimed except for explicitly disclosing the materials by which the nozzle plate is formed. However, Djupesland suggests that such components may be formed of plastic (see e.g. Par. 310, 312, 346). It would have been obvious for one having ordinary skill in the art at the time the invention was made to construct the nozzle plate of a plastic material, as disclosed by Djupesland, plastic being a notoriously well-known material by which devices can be economically and durably formed. It has been held that selecting a known material based upon its art recognized suitability for a particular purpose is obvious, see In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Regarding Claim 14, Ohshima, as modified by Djupesland, provides that the nozzle openings may have a diverging orientation (see Fig. 58 – Djupesland).
Regarding Claim 17, Ohshima discloses the actuating handle is pivotably movable about a pivot point (21a).
Regarding Claim 19, as discussed above, Djupesland obviates constructing the nozzle plate from plastic. In the instant case the prior art cited is silent as to the process by which the openings are formed, however in an apparatus the method by which an article is manufactured is generally not germane to the patentability of the device itself, wherein a nozzle article of the type of modified Ohshima could be made by various different process, inclusive to injection molding, while arriving upon the same identical structure.
Regarding Claim 20, Djupesland suggest that such nozzles may have a convexly arched shape. It would have been obvious for one having ordinary skill in the art at the time the invention was made to construct the nozzle plate of modified Ohshima to have a convexly arched shape, as disclosed by Djupesland, in order to assist with the creation of a diffuse spray as illustrated.
Claim(s) 4 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2009/0008415 (“Ohshima”) in view of U.S. Publication No. 2009/0314293 (“Djupesland”) as applied above, and further in view of DE 102018220632 (“Abt”).
Regarding Claims 4 and 15, Ohshima, as modified, discloses the invention substantially as claimed except that the dispenser comprises an automatically latching device, the latching device securing the actuating handle in the end position. However, Abt discloses a related nasal spray dispenser which also includes an actuating handle (40) configured to expel a medicament upon a compression stroke (Abstract). Abt discloses that the system should further include an automatically latching device (16D, 49) which temporarily latches and secures the actuating handle in the end position of its compression stroke (Fig. 27) in order to provide a haptic and acoustic signal to a user that the compression stroke has been sufficiently carried out to cause the dose to be expelled, the latching mechanism being releasable via a release handle (93) to permit further dosing. It would have been obvious for one having ordinary skill in the art at the time the invention was made to provide the device of Ohshima with a latching device, as disclosed by Abt, in order to serve as an indicator that the handle has been sufficiently compressed so as to properly affect an expelling stroke thereby ensuring that the user does not short stroke the system leading to ineffective or inaccurate dosing volumes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R CARPENTER whose telephone number is (571)270-3637. The examiner can normally be reached Mon. to Thus. - 7:00AM to 5:00PM (EST/EDT).
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/WILLIAM R CARPENTER/Primary Examiner, Art Unit 3783 07/07/2026
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