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 II directed claims 5-10 in the reply filed on 06/28/2026 is acknowledged.
Claims 1-4 have been cancelled without prejudice. Election was made without traverse in the reply filed on 06/28/2026.
Applicant’s election of Group II directed to claims 5-10 in the reply filed on 06/28/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Drawings
The drawings are objected to because figs. 5-11, 13, 15-18 and 20-22 include descriptions of the drawings instead of numerical characters. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 5, 7-8 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han (CN 119055512 A).
With respect to claim 5, Han discloses an eye washing device for medical ophthalmology (abstract) capable of being utilized for relieving dry eye symptoms in a subject in need thereof, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim; the device comprising
a water tank (33, fig.2) and ([Page 4], 10th paragraph] and ([Page 5], 1st paragraph]),
a heater (heating pipe; 35. heat conducting plate; 36, fig.2) configured to heat the water in the water tank and ([Page 4], 10th paragraph] and ([Page 5], 1st paragraph]),
a thermometer (water temperature sensor; 384, fig.3) to monitor the water temperature and ([Page 4], 10th paragraph] and ([Page 5], 1st paragraph]); and
one or more pumps (42, fig.4) configured to produce a warm water stream directed to the subject’s eyelids ([Page 6], 3rd paragraph]) and ([Page 4], 10th paragraph] and ([Page 5], 1st paragraph]).
With respect to claim 7, Han discloses the device further comprises a control panel configured to control the water temperature and the pump’s flow rate ([Page 2], 8th paragraph]) and ([Page 3], 6th paragraph]) and ([Page 4], 1st and 2nd paragraph]) and ([Page 4], 10th paragraph] and ([Page 5], 1st paragraph]).
With respect to claim 8, Han discloses an eye washing device for medical ophthalmology (abstract) capable of being utilized for relieving dry eye symptoms in a subject in need thereof, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim; the device comprising
a water tank (33, fig.2) and ([Page 4], 10th paragraph] and ([Page 5], 1st paragraph]),
a heater (heating pipe; 35, heat conducting plate; 36, fig.2) configured to heat the water in the tank to generate vapor and ([Page 4], 10th paragraph] and ([Page 5], 1st paragraph]), Note: the combination of the heating pipe and heat conducting plate is capable of generating vapor],
a thermometer (water temperature sensor; 384, fig.3) configured to monitor the temperature of the vapor released from the heated water and ([Page 4], 10th paragraph] and ([Page 5], 1st paragraph]), and
one or more outlets (478, figs. 4-5) configured to accommodate the subject’s eyes and deliver the produced vapor thereto and ([Page 4], 10th paragraph] and ([Page 5], 1st paragraph]).
With respect to claim 10, Han discloses a control panel configured to control the vapor temperature and the system’s on/off functions ([Page 2], 8th paragraph]) and ([Page 3], 6th paragraph]) and ([Page 4], 1st and 2nd paragraph]) and ([Page 4], 10th paragraph] and ([Page 5], 1st paragraph]).
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.
Claim(s) 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Han as applied to claims 5 and 8 above, and further in view of Zhang (CN 108703875 A).
With respect to claims 6 and 9, Han substantially discloses the invention as claimed except the water temperature and water vapor temperature in the water tank is between 40 °C and 50 °C.
Zhang however, an eye nursing device for promoting blood circulation of body, the eyeshade, comprising an eyeshade main body is provided with an interlayer, the interlayer is provided with the eye assembly, the eye assembly covers the entire eye and eye socket, the eye protection assembly comprises liquid storage layer; the reservoir is provided with a cavity; the cavity is stored with liquid, a heating element in the cavity, set with a fragrance layer inside the liquid storage layer, said fragrance layer is active carbon grain layer, the active carbon particle layer is filled with medicine particles, sealing layer is set in side of the fragrance layer, sealing layer is distributed with vent holes. The device can effectively improve the blood circulation of eyes and metabolism, relieving eye fatigue and improve the health of eyes (abstract) wherein the heating temperature of the liquid in the liquid storage layer is 38-50 degrees centigrade ([Page 3], 7th paragraph]).
In view of the teachings of Zhang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the water in the water tank of Han of a temperature between 40 °C and 50 °C in order to promote blood circulation of eye.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OPHELIA ALTHEA HAWTHORNE whose telephone number is (571)270-3860. The examiner can normally be reached M-F 8:00 AM-5:00 PM, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached at 5712703076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786
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