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 .
Response to Amendment
In response to the amendment filed on 5/29/2026, claim 10 has been cancelled, no new claims have been added and claims 1-9 are pending.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1, 6 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190143029 A1 Diwan in view of US 7699820 French.
Regarding claim 1, Diwan discloses an ear washing device with a waste liquid withdrawal function (abstract, paragraph 4), comprising:
a body (452, Fig. 4);
an earmuff (401a, 401b, Fig. 4) disposed on the body; a liquid return port (6114a, Fig. 11-15, paragraph 159, 163, cannula 410 of Fig. 4 is equivalent to cannula 610 of Fig. 11-15 which contains liquid return port 6114a and cannula 610 may be used with irrigation device 400 of Fig. 4 (paragraph 159));
a water spray assembly (combination of 405, 410, 420, 424, and 6112a (of cannula 610 which is equivalent to cannula 410 which may be used with irrigation device 400 of Fig. 4 (paragraph 159))) disposed on the body and comprising a water storage chamber (420, Fig. 4), a first water pump (424, Fig. 4) and a sprayer (assemblage of 405, 410, 6112a, Fig. 4, 11-15, paragraph 159, 161-162), an input end of the first water pump being communicated with the water storage chamber (paragraph 82, 108, 113-115, 172), an output end of the first water pump being communicated with the sprayer (paragraph 82, 108, 113-115, 172), and the sprayer extending inside the earmuff (as seen in Fig. 4, the sprayer (assemblage of 405, 410, 6112a (of cannula 610 which is equivalent to cannula 410 which may be used with irrigation device 400 of Fig. 4) extends inside the earmuff 401a, 401b); and
a second water pump (426, Fig. 4) disposed on the body, an input end of the second water pump being communicated with the liquid return port (paragraph 83, 109, 113-115, 173), the body being provided with a waste liquid chamber (430, Fig. 4), and an output end of the second water pump being connected to the waste liquid chamber (paragraph 83, 109, 113-115, 173);
wherein the sprayer comprises an extension tube (405, Fig. 4, 5a) fixed on the body and a nozzle (410, Fig. 4) detachably connected to the extension tube (paragraph 114).
Diwan does not disclose the liquid return port being provided at a lower part of the earmuff.
However, French teaches a device for irrigating an ear canal (abstract, col. 1 line 18-26) that comprises an earmuff (12, Fig. 1) and a liquid return port at a lower part of the earmuff (Fig. 1-4, col. 4 line 13-20, excess water is drained out through exit flow line 72 which is connected at a lower part of the earmuff, and in order for the water to exit from the earmuff 12 and into the exit flow line 72 there is inherently an exit port or liquid return port for the water to flow through).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the location of the liquid return port of Diwan to be provided at the lower part of the earmuff as taught by French since a rearrangement of parts would not have modified the operation of the device for draining off excess water in the earmuff (see In re Japikse, 86 USPQ 70 (CCPA 1950)) and for the advantage of removing excess water that has pooled at the bottom of the earmuff.
Regarding claim 6, the combination of Diwan and French teaches the limitations of claim 1, and Diwan further discloses further comprising a battery assembly (170, Fig. 1) for powering the first water pump and the second water pump (paragraph 81).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Diwan in view of French and further in view of US 11141525 B1 Zhang et al. (hereinafter Zhang).
Regarding claim 2, the combination of Diwan and French teaches the limitations of claim 1, and Diwan further discloses wherein the earmuff is detachably connected to the body (paragraph 9, 12-16, 97), the earmuff is provided with a first through hole (opening in earmuff as seen in annotated Fig. 4 below).
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The combination is silent on the sprayer is provided with a first connecting portion that matches the first through hole, and when the earmuff is mounted on the body, the first connecting portion is arranged to pass through the first through hole and shield the first through hole.
However, Zhang teaches an ear irrigation device (abstract) having an earmuff (1, Fig. 1) with a first through hole (51, Fig. 2), a sprayer (82, Fig. 7) having a first connecting portion (83, Fig. 7) that matches the first through hole (as seen in Fig. 7-10, the diameter of the first connecting portion (83) mates with the diameter of the first through hole (51)) and when the earmuff is mounted on the body (7, Fig. 6), the first connecting portion is arranged to pass through the first through hole and shield the first through hole (as seen in Fig. 7-10, the first through hole (51) is blocked by the first connecting portion (83)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modification of Diwan with French with the teachings of Zhang to have the sprayer is provided with a first connecting portion that matches the first through hole, and when the earmuff is mounted on the body, the first connecting portion is arranged to pass through the first through hole and shield the first through hole, in order to provide a secure and water tight fit for the sprayer with the first opening of the earmuff.
Regarding claim 3, the combination of Diwan, French and Zhang teaches the limitations of claim 2, and Diwan further discloses wherein a first magnetic component (4917, Fig. 6) is disposed on the body (paragraph 121-122, body (452) includes lid (490) where the first magnetic component (4917) are disposed), a second magnetic component (4218, Fig. 7) is disposed on the earmuff (paragraph 123-125, second magnetic components (4218) are disposed on the water storage chamber (420) which is part of the earmuff (401a, 401b)), and when the earmuff is mounted on the body, the first magnetic component and the second magnetic component are attracted together (paragraph 122, 125).
Claims 4-5, 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Diwan in view of French and further in view of US 20220265057 A1 Lu et al. (hereinafter Lu).
Regarding claim 4, the combination of Diwan and French teaches the limitations of claim 1, and Diwan further discloses wherein the body is connected with a sleeve (480, Fig. 4) having a first accommodation chamber and a second accommodation chamber (as seen in annotated Fig. 4 above), and the first water pump (424) and the second water pump (426) are provided in the first accommodation chamber and the second accommodation chamber, respectively (as seen in annotated Fig. 4 above).
Diwan is silent on wherein the sleeve is silicone.
However, Lu teaches a silent air pump box for an adjustable mattress (abstract, paragraph 6) that comprises a plurality of pumps (12, Fig. 2) that are wrapped in a silicone sleeve (18, Fig. 2, paragraph 36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention modify Diwan with the teachings of Lu to have wherein the sleeve is made of silicone in order to reduce vibrations and noise caused by the pump as disclosed by Lu (paragraph 36).
Regarding claim 5, the combination of Diwan, French and Lu teaches the limitations of claim 4, and Diwan further discloses wherein the silicone sleeve (modified with Lu) is provided with a first connecting tube (4817, Fig. 4) and a second connecting tube (4819, Fig. 4), the first connecting tube communicates the input end of the first water pump (424) with the water storage chamber (420) (paragraph 108), the second connecting tube communicates the output end of the second water pump (426) with the waste liquid chamber (430) (paragraph 109).
The combination is silent on wherein the first connecting tube, the second connecting tube and the silicone sleeve are of an integrated structure. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the first connecting tube, the second connecting tube and the silicone sleeve be of an integrated structure, since it has been held that forming in one piece an article which has formerly been formed in separate pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
Regarding claim 9, the combination of Diwan, French and Lu teaches the limitations of claim 5, and Diwan further discloses wherein an inner peripheral wall of the earmuff has a flange (322a, Fig. 3a) that extends in a circle (paragraph 96, flange 322a is an annular membrane).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Diwan in view of French and Lu as applied to claim 4 above, and further in view of US 20200306137 A1 Arnett et al. (hereinafter Arnett).
Regarding claim 7, the combination of Diwan, French and Lu teaches the limitations of claim 4, and Diwan further discloses wherein the waste liquid chamber (930a, 930b, Fig. 18, paragraph 184, 212, embodiment of device 900 of Fig. 18 is similar to embodiment of device 400, with waste liquid chamber 930a, 930b equivalent to waste liquid chamber 430) is provided with a drain outlet (934, Fig. 21a-c, paragraph 202), a cover plate (932a, 932b, Fig. 18, 19b, 21d-e), the cover plate is provided with a plug portion (935, Fig. 21d) facing the drain outlet (paragraph 212).
The combination is silent on wherein the cover plate is rotatably arranged on the body and the cover plate is capable of rotating relative to the body until the plug portion seals the drain outlet.
However, Arnett teaches a medication containment device (abstract, paragraph 7, Fig. 1-10) that comprises a cover plate (16, Fig. 1) that is rotatably arranged on a body (body of container 14, Fig. 1) (paragraph 37-38, the cover plate (16) is joined to the body of the container (14) with a hinged connection (50) that allows it to rotate away from the body of the container (14) as seen in Fig. 4, 6) and the cover plate is capable of rotating relative to the body until a plug portion (68, Fig. 6, paragraph 46) seals an outlet (Fig. 6, paragraph 46, plug portion (68) is a flange that mates with the opening (34) to provide a seal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modification of Diwan with French and Lu with the teachings of Arnett to have wherein the cover plate is rotatably arranged on the body and the cover plate is capable of rotating relative to the body until the plug portion seals the drain outlet, in order to have a hinge component that provides a consistent and reliable opening and closing effect on the drainage outlet.
Regarding claim 8, the combination of Diwan, French, Lu and Arnett teaches the limitations of claim 7, and Arnett further discloses wherein a rotating shaft (80, Fig. 9-10, an embodiment of a hinge 86 is shown) is disposed on the cover plate (paragraph 38, 58, components of the hinge may be reversed where the cap includes a pivot axle and the container includes a partially cylindrical component), a lug (84, Fig. 9-10) is disposed on the body, the lug is provided with a shaft hole having a notch (Fig. 10, paragraph 58, lug 84 defines a channel), and the rotating shaft is mounted into the shaft hole from the notch (Fig. 10, paragraph 58, rotating shaft 80 is received in the channel of the lug 84 to provide the hinge 86).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOA TAN LE whose telephone number is (703)756-1252. The examiner can normally be reached Monday - Friday 8am - 4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KHOA TAN LE/Examiner, Art Unit 3771 /MOHAMED G GABR/Primary Examiner, Art Unit 3771
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