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 .
Status of the Claims
The amendment filed 02/27/2026 has been entered. Claims 1, 12 and 15-24 are pending and under consideration.
Response to Arguments
In response to the applicant’s argument with respect 35 USC 103 rejections have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grand of rejection is made in new rejection. Accordingly, this action is second no-final.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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, 12, 15-18 and 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over McClure (US 20110184427 A1) in view of Zhang et al (US 20200306425 A1) and Stoddard (US 5484398 A).
Regarding claim 1, McClure substantially teaches applicant’s claimed invention, and specifically discloses a device with every structural limitation of applicant’s claimed invention (except for the limitations shown in italics and grayed-out) including:
an electronic device configured for the aspiration of tonsil stones. fluid or other oral debris from a mouth of a user (abstract; hand-held suction device), the device comprising:
a handle body (figure, Handle) configured to be gripped by a user;
an electronically controllable vacuum pump ([0012-0013] battery powered mini vacuum pump) arranged to provide a vacuum;
an aspirator (figure, detachable reservoir head) disposed at an end of the handle body, wherein the aspirator includes an inlet (figure, inlet at straw locks on the reservoir head is formed of central tubing element configured to direct the foreign matter from the straw through the inlet) having a central tubular element defining a linear flow path through the aspirator that is configured to direct tonsil stones, fluids and other oral debris through the inlet;
a reservoir (figure, detachable reservoir) disposed within the linear flow path defined by the inlet for receiving material passing through the inlet in use;
an elongate tube (figure, detachable straw) operatively attached to the aspirator and having an aperture disposed at an end of the elongate tube opposite the aspirator; and
a power source ([0012]) arranged to provide electrical power to the electronically controllable vacuum pump.
McClure does not teach the inlet defining a linear flow path through the aspirator;
the reservoir disposed within the linear flow path defined by the inlet for receiving material passing through the inlet in use.
In the same field of endeavor, namely an nasal aspirator, Zhang teaches an aspirator (figure 2, neck 102) comprises an inlet (figures 2 and 4, neck 102 defined a linear flow path) defining a linear flow path through the aspirator;
the reservoir (figures 3 and 4 and [0042], the reservoir disposed 103 is disposed within the linear flow path between the neck 102 and coupler 125) disposed within the linear flow path defined by the inlet for receiving material passing through the inlet in use.
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified McClure to incorporate the teachings of Zhang and provides central tubing element and the reservoir as claimed for the purpose of screening and collecting solid and fluid debris from incoming fluid inside the reservoir, thereby preventing the debris reach the vacuum pump while providing a vacuum as taught by Zhang ([0020]).
The combination does not expressly teach the elongate tube having an aperture disposed at an end of the elongate tube opposite the aspirator.
In the same field of endeavor, namely a handpiece for surgery incorporated with a suction source, Stoddard teaches an elongate tube (figure 3 and col 4 lines 20-30, hollow tube 16) having an aperture disposed at an end of the elongate tube opposite the aspirator (figure 1s and 2b, the distal opening of the tube 16).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified McClure, as modified by Zhang, to incorporate the teachings of Stoddard and provides the elongate tube as claimed, and one of skill in the art motivated to do so, for the purpose of accessing the deeper oral cavity and facilitating the removal of otherwise unreachable debris.
Regarding claim 12, McClure, as modified by Zhang and Stoddard, teaches the device according to claim 1.
The combination further teaches wherein the elongate tube removably connected to the aspirator (McClure; [0014]).
Regarding claim 15, McClure, as modified by Zhang and Stoddard, teaches the device according to claim 1.
The combination further teaches where the reservoir is removably connected to the handle body (Zhang; figure 3 and [0041]).
Regarding claim 16, McClure, as modified by Zhang and Stoddard, teaches the device according to claim 1.
The combination further teaches where the reservoir is disposed within a compartment within the handle body (Zhang; figure 2 and [0033] reservoir 103 is disposed within a recess 160 within the device).
Regarding claim 17, McClure, as modified by Zhang and Stoddard, teaches the device according to claim 1.
The combination further teaches comprising a user control interface arranged to provide control over the electronically controllable vacuum pump (McClure; [0012] power button)
Regarding claim 18, McClure, as modified by Zhang and Stoddard, teaches the device according to claim 1.
The combination further teaches wherein the aperture disposed at the end of the elongate tube opposite the inlet is disposed along a longitudinal axis of the elongate tube (Stoddard; figures 1 and 2b, the aperture disposed along a longitudinal axis of passage 17).
Regarding claim 20, McClure, as modified by Zhang and Stoddard, teaches the device according to claim 1.
The combination further teaches comprising a light emitter for emitting light (McClure; [0012] light).
Regarding claim 21, McClure, as modified by Zhang and Stoddard, teaches the device according to claim 1.
The combination does not teach wherein the elongate tube is operatively attached to the aspirator at an obtuse interior angle relative to the handle body.
In the same field of endeavor, namely a handpiece for surgery incorporated with a suction source, Stoddard teaches an elongate tube (figure 3 and col 4 lines 20-30, hollow tubular tool 16) is operatively attached to the aspirator at an obtuse interior angle relative to the handle body (figure 3 and col 6 lines 29-37, axis A of the tool 16 is at an obtuse interior angle relative to housing 13).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified McClure, as modified by Zhang and Stoddard, to incorporate the teachings of Stoddard and provide the elongate tube as claimed for the purpose of minimizing the bending of the surgeon’s wrist and providing comfortable placement of the elongate tube relative to the handle body as taught by Stoddard (col 6 lines 29-37).
Regarding claim 22, McClure, as modified by Zhang and Stoddard, teaches the device according to claim 1.
The combination further teaches wherein a longitudinal axis of the elongate tube is disposed along the linear flow path defined by the inlet (McClure; the detachable straw disposed along the inlet at straw lock on the reservoir head).
Regarding claim 23, McClure, as modified by Zhang and Stoddard, teaches the device according to claim 1.
The combination does not teach further comprising a sealing cap disposed over the reservoir.
In the same field of endeavor, namely an nasal aspirator, Zhang teaches a sealing cap (figure 2, reservoir lid 108) disposed over the reservoir.
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified McClure, as modified by Zhang and Stoddard, to incorporate the teachings of Zhang and provide the sealing calp as claimed for the purpose of preventing debris from flowing out of the aspirator when the device is being tilted taught by Zhang ([0038]).
Regarding claim 24, McClure teaches An electronic device configured for the aspiration of tonsil stones. fluid or other oral debris from a mouth of a user, the device comprising:
a handle body (figure, handle) configured to be gripped by a user;
an electronically controllable vacuum pump ([0012-0013] battery powered mini vacuum pump) arranged to provide a vacuum;
an aspirator (figure, reservoir head) disposed at an end of the handle body, wherein the aspirator includes an inlet (figure, inlet at straw locks on the reservoir head is formed of a central tubing element configured to direct the foreign matter from straw through the inlet) having a central tubular element defining a flow path through the aspirator that is configured to direct tonsil stones, fluids and other oral debris through the inlet;
a reservoir (figure, detachable reservoir) for receiving and storing material passing through the inlet in use wherein the reservoir is disposed within a compartment within the handle body;
an elongate tube (figure, detachable straw) operatively attached to the aspirator and having an aperture disposed at an end of the elongate tube opposite the aspirator; and
a power source ([0012]) arranged to provide electrical power to the electronically controllable vacuum pump.
McClure does not teach wherein the reservoir is disposed within a compartment within the handle body.
In the same field of endeavor, namely an nasal aspirator, Zhang teaches a reservoir disposed within a compartment within the handle body (figure 4 and [0033], a reservoir 103 disposed within recess 160 of the device).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified McClure to incorporate the teachings of Zhang and provides the reservoir as claimed for the purpose of screening and collecting solid and fluid debris from incoming fluid inside the reservoir, thereby preventing the debris reach the vacuum pump while providing a vacuum as taught by Zhang ([0020]), and one of skill in the art motivated to do so for the purpose of providing unitary aesthetic design.
The combination does not expressly teach the elongate tube having an aperture disposed at an end of the elongate tube opposite the aspirator.
In the same field of endeavor, namely a handpiece for surgery incorporated with a suction source, Stoddard teaches an elongate tube (figure 3 and col 4 lines 20-30, hollow tube 16) having an aperture disposed at an end of the elongate tube opposite the aspirator (figure 1s and 2b, the distal opening of the tube 16).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified McClure, as modified by Zhang, to incorporate the teachings of Stoddard and provides the elongate tube as claimed, and one of skill in the art motivated to do so, for the purpose of accessing the deeper oral cavity, facilitating the removal of otherwise unreachable debris.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over McClure (US 20110184427 A1) in view of Zhang et al (US 20200306425 A1) and Stoddard (US 5484398 A), and in further view of Ho (US 20110202021 A1).
Regarding claim 19, McClure, as modified by Zhang and Stoddard, teaches the device according to claim 1.
The combination does not teach comprising a user control interface enabling the user to specify the suction strength of the electronically controllable vacuum pump.
In the same field of endeavor, namely oral debris removal device, Ho teaches a user control interface enabling the user to specify the suction strength of the electronically controllable vacuum pump ([0097] figure 2 and [0097] switch 204 allows the device to operate at five different power settings).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified McClure, as modified by Zhang and Stoddard, to incorporate the teachings of Ho and provides the user control interface as claimed for the purpose of providing desired vacuum level as taught by Ho ([0097]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH HAN whose telephone number is (571)272-2545. The examiner can normally be reached M-F 0900-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SETH HAN/ Examiner, Art Unit 3781