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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/29/2025 has been entered.
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 1-3, 5-7, 9, 13-18, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Houghton (US2358329A) in view of Price et al. (US 20060213514 A1).
Regarding claim 1, Houghton discloses a system comprising (Fig 6): a fluid reservoir (compression chamber 38, Fig 6) configured to: (a) inspire fluid when the fluid reservoir expands and expire fluid when the fluid reservoir contracts (Page 2, col. 3, lines 13-21; de-compression or expansion of chamber 38 causes inspiration of air; on the contrary, air is expelled when chamber 38 is compressed), and (b) couple to a container (container 25, Annotated Fig 1) that includes a flowable medium (material: powder 103; Page 2, col. 3, lines 16-21 and 50-51) and first (104, Annotated Fig 1) and second (102, Annotated Fig 1) container (25) ends that oppose each other (First end 104, opposes second end 102 of container 25, see annotated Fig 1); a housing (disk 36 and clamping ring 37, Fig 6) including first (lumen of tube 39, Fig Annotated Fig 1) and second channels (lumen of tube 43, Fig Annotated Fig 1); a first conduit (tube 39, Fig 6), (a) a first end (upper end 40, Fig 6) of the first conduit (39) couples a second end (lower end 41, Fig 6) of the first conduit (39) to the fluid reservoir (38), (b) the second end (41) of the first conduit (39) is configured to be included in the container (25) when the container (25) is coupled to the fluid reservoir (38); a second conduit (second tube 43, Fig 6), wherein a first end (lower end 42, Fig 6) of the second conduit (43) couples a second end (upper end 44, Fig 4) of the second conduit (43) to the housing (36 and 37); wherein: (a) the first channel (lumen of tube 39, Fig Annotated Fig 1)couples the first end (40) of the first conduit (39) to the fluid reservoir (38); and (b) the second channel (lumen of tube 43, Fig Annotated Fig 1) couples the first end (42) of the second conduit (43) to the container (25) when the container (25) is coupled to the fluid reservoir (38).
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Houghton is silent wherein: (a) the housing includes a shelf, the shelf having a curved surface configured to directly contact the flowable medium; (b) the second channel is between the shelf and the second conduit; and (c) the shelf is between the second channel and the second container end; wherein the second conduit includes a long axis that traverses the first and second ends of the second conduit and does not contact a sidewall of the second conduit; wherein: (a) an additional axis and a plane are both orthogonal to the long axis of the second conduit, (b) the additional axis intersects the second channel but not the curved surface of the shelf, and (c) the plane intersects the second channel and the curved surface of the shelf.
Price teaches a system (Fig 5) comprising a housing (dispensing receptacle 154, Fig 5) includes a shelf (outlet pathway 56, Fig 5), the shelf having a curved surface configured to directly contact the flowable medium (Outlet pathway 56 has a curved surface in direct contact with the flowable powder, Fig 5); (b) the second channel (1004, Annotated Fig 2) is between the shelf (56) a second conduit (conduit having outlet port 64, Fig 5); and (c) the shelf (56) is between the second channel (1004, Annotated Fig 2) and the second container end (1000, Annotated Fig 2); wherein the second conduit (1008, Annotated Fig 2) includes a long axis (1006, Annotated Fig 2) that traverses the first (1009, Annotated Fig 2) and second ends (1010, Annotated Fig 2) of the second conduit (1008, Annotated Fig 2) and does not contact a sidewall (1007, Annotated Fig 2) of the second conduit (1008, Annotated Fig 2); wherein: (a) an additional axis (1011, Annotated Fig 2) and a plane (plane 1012, Annotated Fig 2) are both orthogonal to the long axis (1006, Annotated Fig 2) of the second conduit (1008, Annotated Fig 2), (b) the additional axis (1001, Annotated Fig 2) intersects the second channel (1004, Annotated Fig 2) but not the curved surface of the shelf (Outlet pathway 56 has a curved surface), and (c) the plane (1012, Annotated Fig 2) intersects the second channel (1004, Annotated Fig 2) and the curved surface of the shelf (Outlet pathway 56 has a curved surface; Annotated Fig 2 shows plane 1012 perpendicular to long axis 1006; the plane is located at the interface between shelf 56 and second channel 1004 intersecting both at their boundary).
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Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Houghton with the of a similar shelf and relative locations of the second channel, shelf, and second conduit as taught by Price for the purpose of adjusting the acceleration of the powder particles when transition from the shelf to the second channel and exiting through the second conduit ([0071]).
Regarding claim 2, Houghton/Price discloses the system of claim 1. Houghton discloses the system comprising a fluid path (path of fluid), wherein the fluid path progresses in serial fashion from the fluid reservoir (38) to the first channel (lumen of conduit 39, Fig 6), from the first channel (lumen of conduit 39, Fig 6) to the first conduit (39), from the first conduit (39) to the second container end (102, Annotated Fig 1) when the container (25) is coupled to the fluid reservoir (38), from the second container end (102, Annotated Fig 1) when the container (25) is coupled to the fluid reservoir (38) to the second channel (lumen of the second tube 43, Fig 6), and from the second channel (lumen of the second tube 43, Fig 6) to the second conduit (43).
Regarding claim 3, Houghton/Price disclose the system of claim 2. Houghton discloses wherein the system is configured to convey the flowable medium (103, Annotated Fig 1) from the container (25) and out the second end (44) of the second conduit (43) when the container (25) is coupled to the fluid reservoir (38) and in response to contraction of the fluid reservoir (38) (Page 2, col. 3, lines 13-21).
Regarding claim 5, Houghton/Price disclose the system of claim 3. Houghton is silent wherein the container includes a funnel; a first conduit is configured to traverse the funnel when the container is coupled to the fluid reservoir; the funnel is between the shelf and the second container end.
Price teaches the container includes a funnel (1001, Annotated Fig 1); a first conduit (63) is configured to traverse the funnel (1001, Annotated Fig 1) when the container (54) is coupled to the fluid reservoir (gas canister 53, Fig 4-5); the funnel (1001, Annotated Fig 2) is between the shelf (56) and the second container end (1000, Annotated Fig 2).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Houghton/Price with a similar funnel positioned as taught by Price for the purpose of directing the flow of powder. Funnels and their inherent capability to direct and guide flow are well known in the art ([0076]; Annotated Fig 1).
Regarding claim 6, Houghton/Price disclose the system of claim 5. Houghton is silent wherein: the funnel includes first and second ends that oppose each other; the first end of the funnel has a smaller diameter than the second end of the funnel; the first conduit traverses both of the first and second ends of the funnel when the container is coupled to the fluid reservoir.
Price teaches wherein: the funnel (1001, Annotated Fig 1) includes first and second ends that oppose each other (Frist end 1002 and second end 1003 of funnel 1001 oppose each other, Annotated Fig 1); the first end (1002, Annotated Fig 1) of the funnel (1001, Annotated Fig 1) has a smaller diameter than the second end (1003, Annotated Fig 1) of the funnel (1001, Annotated Fig 1) (Annotated Fig 1 shows that the diameter of 1002 is smaller than the diameter of 1003); the first conduit (63) traverses both of the first (1002, Annotated Fig 1) and second ends (1003, Annotated Fig 1) of the funnel (1001, Annotated Fig 1) when the container (54) is coupled to the fluid reservoir (Fig 4).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Houghton/Price with a similar funnel first and second ends and relative diameters positioned as taught by Price for the purpose of directing the flow of powder. Funnels and their inherent capability to direct and guide flow are well known in the art ([0076]; Annotated Fig 1).
Regarding claim 7, Houghton/Price discloses the system of claim 6. Houghton discloses wherein the system does not include a valve (There is no valve in the system of Houghton).
Regarding claim 9, Houghton/Price discloses the system of claim 1. Houghton discloses wherein: the first conduit (39) includes a long axis (105, Annotated Fig 3) that traverses the first (41) and second ends (40) of the first conduit (39); and the long axis (105, Annotated Fig 3) of the first conduit (39) is parallel to the long axis (106, Annotated Fig 3) of the second conduit (43) (Fig 6 shows the claim limitation, it can be seen that the long axes 105 and 106 are parallel, Annotated Fig 3).
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Houghton is silent wherein the first conduit long axis does not contact a sidewall of the first conduit.
Price teaches wherein the first conduit (63) have a long axis (1005, Annotated Fig 4) that does not contact a sidewall of the first conduit (long axis 1005 does not contact side wall of 63, Annotated Fig 4).
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Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the first and second conduits shape of Houghton/Price with similar linear shape having their respective axis as taught by Price for the purpose of decreasing the resistance to flow along the inlet and outlets ([0076]).
Regarding claim 13, Houghton/Price discloses the system of claim 1. Houghton discloses wherein the flowable medium includes a powder (material: powder 103; Page 2, col. 3, lines 16-21 and 50-51) and the fluid includes air (Page 2, col. 3, lines 13-21; air is expelled when chamber 38 is compressed).
Regarding claim 14, Houghton/Price discloses the system of claim 13. However, Houghton does not explicitly disclose that the powder (material: powder 103; Page 2, col. 3, lines 16-21 and 50-51) includes a therapeutic agent.
Price teaches a delivery of therapeutic powder ([0162]).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the of device of Houghton/Price with similar therapeutic powder as taught by Price for the purpose of delivered substances as part of the treatment or diagnosis of diseases and conditions ([0162]).
Regarding claim 15, Houghton/Price discloses the system of claim 1. Houghton discloses wherein the second conduit (43) traverses the fluid reservoir (38) (See Fig 6).
Regarding claim 16, Houghton/Price discloses the system of claim 15. Houghton discloses wherein the fluid reservoir (38) is between the housing (36 and 37) and the second end (44) of the second conduit (43) (See Fig 6).
Regarding claim 17, Houghton/Price the system of claim 16. Houghton is silent regarding the long axis of the second conduit intersects the second channel and the shelf and the at least a portion of the container.
Price teaches the long axis (1006, Annotated Fig 4) of the second conduit (1008, Annotated Fig 4) intersects the second channel (1004, Annotated Fig 6) and the shelf (56, Annotated Fig 6 shows the axis 1006 intersection with the wall of shelf 56) and the at least a portion of the container (receptacle 54, Fig 5).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Houghton/Price with similar shelf, second channel and second conduct orientation and location as taught by Price for the purpose of adjusting the acceleration of the powder exiting through the second conduit ([0072])
Regarding claim 18, Houghton discloses a system comprising (Fig 6): a container including a flowable medium and first and second container ends that oppose each other; a fluid reservoir (compression chamber 38, Fig 6) configured to: (a) inspire fluid when the fluid reservoir expands and expire fluid when the fluid reservoir contracts (Page 2, col. 3, lines 13-21; de-compression or expansion of chamber 38 causes inspiration of air; on the contrary, air is expelled when chamber 38 is compressed), and (b) couple to the container; a housing (disk 36 and clamping ring 37, Fig 6) including first (lumen of tube 39, Fig Annotated Fig 1) and second channels (lumen of tube 43, Annotated Fig 1); a first conduit (tube 39, Fig 6), (a) a first end (upper end 40, Fig 6) of the first conduit (39) couples a second end (lower end 41, Fig 6) of the first conduit (39) to the fluid reservoir (38), (b) the second end (41) of the first conduit (39) is configured to be included in the container (25) when the container (25) is coupled to the fluid reservoir (38); a second conduit (second tube 43, Fig 6), wherein a first end (lower end 42, Fig 6) of the second conduit (43) couples a second end (upper end 44, Fig 4) of the second conduit (43) to the housing (36 and 37); wherein: (a) the first channel (lumen of tube 39, Annotated Fig 1)couples the first end (40) of the first conduit (39) to the fluid reservoir (38); and (b) the second channel (lumen of tube 43, Annotated Fig 1)couples the first end (42) of the second conduit (43) to the container (25) when the container (25) is coupled to the fluid reservoir (38)(Annotated Fig 2 shows plane 1012 perpendicular to long axis 1006; the plane is located at the interface between shelf 56 and second channel 1004 intersecting both at their boundary).
Houghton is silent wherein: (a) the housing includes a shelf, the shelf having a surface configured to directly contact the flowable medium; (b) the second channel is between the shelf and the second conduit; and (c) the shelf is between the second channel and the second container end when the container is coupled to the fluid reservoir wherein the second conduit includes a long axis that traverses the first and second ends of the second conduit and does not contact a sidewall of the second conduit; wherein: (a) an additional axis and a plane are both orthogonal to the long axis of the second conduit, (b) the additional axis intersects the second channel but not the shelf, and (c) the plane intersects the second channel and the shelf.
Price teaches a system (Fig 5) comprising a container (receptacle 54, Fig 5) a housing (dispensing receptacle 154, Fig 5) includes a shelf (outlet pathway 56, Fig 5), the shelf having a surface configured to directly contact the flowable medium (Outlet pathway 56 has a curved surface in direct contact with the flowable powder, Fig 5); (b) the second channel (1004, Annotated Fig 2) is between the shelf (56) a second conduit (conduit having outlet port 64, Fig 5); and (c) the shelf (56) is between the second channel (1004, Annotated Fig 2) and the second container end (1000, Annotated Fig 2) when the container (54) is coupled to a fluid reservoir (canister of pressurized propellant 53, Fig 5); wherein the second conduit (1008, Annotated Fig 2) includes a long axis (1006, Annotated Fig 2) that traverses the first (1009, Annotated Fig 2) and second ends (1010, Annotated Fig 2) of the second conduit (1008, Annotated Fig 2) and does not contact a sidewall (1007, Annotated Fig 2) of the second conduit (1008, Annotated Fig 2); wherein: (a) an additional axis (1011, Annotated Fig 2) and a plane (plane 1012, Annotated Fig 2) are both orthogonal to the long axis (1006, Annotated Fig 2) of the second conduit (1008, Annotated Fig 2), (b) the additional axis (1001, Annotated Fig 2) intersects the second channel (1004, Annotated Fig 2) but not the shelf (56), and (c) the plane (plane 1012, Annotated Fig 2) intersects the second channel (1004, Annotated Fig 2) and the shelf (56).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Houghton with the of a similar shelf and relative locations of the second channel, shelf, and second conduit as taught by Price for the purpose of adjusting the acceleration of the powder particles when transition from the shelf to the second channel and exiting through the second conduit ([0071]).
Regarding claim 22, Houghton/Price discloses the system of claim 1. Houghton is silent wherein the shelf is not a sidewall of a conduit.
Price teaches wherein the shelf (outlet pathway 56, Fig 5) is not a sidewall of a conduit (the shelf is not a sidewall but a pathway in the system).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Houghton with the of a similar shelf as taught by Price for the purpose of adjusting the acceleration of the powder particles when transition from the shelf to the second channel and exiting through the second conduit ([0071]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Houghton (US2358329A) in view of Price et al. (US 20060213514 A1) in further view of Glusker et al. (WO 2008051621 A2).
Regarding claim 8, Houghton/Price discloses the system of claim 2, Houghton/Price are silent wherein the second end of the first conduit is no more than 5 mm from the second end of the container when the container is coupled to the fluid reservoir.
Glusker teaches a system (powder inhaler, [0025]) comprising a container (receptacle, [0205]) and a first conduit (feed tube, [0025]) wherein the second end (distal end of feed tube) of the first conduit (feed tube) is no more than 5 mm ([0205]: “.02mm”) from the second end (end of container in proximity with end of feeding tube) of the container (receptacle).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective
filing date of the claim invention to modify the distance of the second end of the first conduit to the second end of the container of Houghton/Price with a .2mm distance taught by Glusker to prevent occlusion of the first conduit ([0205]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Houghton (US2358329A) in view of Price et al. (US 20060213514 A1) in further view of Cotter (US 2568057A)
Regarding claim 10, Houghton/Price discloses the system of claim 1. However, Houghton is silent in regards that the system comprises an alternative first conduit, wherein: (a) a first end of the alternative first conduit is configured to couple a second end of the alternative first conduit to the fluid reservoir, (b) the second end of the alternative first conduit is configured to be included in an alternative container when the alternative container is coupled to the fluid reservoir; the first conduit and the alternative first conduit have different lengths from each other; the container and the alternative container have different volumes from each other.
Cotter teaches a system (atomizer 10, Fig 1) comprising a container (container 11, Fig 1) and a first conduit (conduit 25, Fig 1). Cotter further teaches alternative containers and conduits of different sizes that could be used with the atomizer 10 (Col. 5, lines 21-30: “It is understood that the atomizer construction 10 may be used with various containers of different sizes or shapes, providing they have neck portions engageable with the screw threaded support 15 of the atomizer. The conduit 25 may be readily adjusted for containers of different heights so that the lower end of the conduit is adjacent the bottom wall of the container, thereby allowing atomization of substantially the entire contents of the container.”; containers of different heights will have different volumes)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective
filing date of the claim invention to modify the system of Houghton to make it modular and compatible with alternatives containers and first conduits of different sizes and volumes as taught by Cotter to allow the user to have size alternatives allowing an increased amount of stored powder. The modification would not change the position and orientation of the system components (Col. 5, lines 21-30).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Houghton (US2358329A) in view of Price et al. (US 20060213514 A1) in further view of Kress (US 20040262340 A1).
Regarding claim 11, Houghton/Price discloses the system of claim 1. Houghton disclose comprising the container (25, Annotated Fig 1), wherein: the container (25, Annotated Fig 1) is coupled to the fluid reservoir (38) (Fig 6); and the first conduit (39) does not traverse the second container end (102, Annotated Fig 1).
Houghton/Price are silent wherein the first conduit does not traverse the first container end.
Kress teaches a system (Fig 5) comprising a first channel (lumen of vertical portion of directing tube 28, Fig 5); a first conduit (37 comprising intake orifice 44 , Fig 5; Note; there is a clerical error in the numbering of the drawing: element 37 in Fig 5 is suspension tube 36 in the description [0029]) that does not traverse the first container end (2000, Annotated Fig 5) ([0029]).
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Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Houghton/Price to have a similar directing tube comprising the first channel and a first conduit inside the container as taught by Kress so that a squeeze of the bulb results in a puff of air exiting the first conduit to strike and suspend the powder ([0029]).
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive. Amended claim limitation: “wherein the second conduit includes a long axis that traverses the first and second ends of the second conduit and does not contact a sidewall of the second conduit; wherein: (a) an additional axis and a plane are both orthogonal to the long axis of the second conduit, (b) the additional axis intersects the second channel but not the curved surface of the shelf, and (c) the plane intersects the second channel and the curved surface of the shelf.” do not seem to overcome the prior art of record.
Price teaches the amended claim limitation as follows:
(…) wherein the second conduit (1008, Annotated Fig 2) includes a long axis (1006, Annotated Fig 2) that traverses the first (1009, Annotated Fig 2) and second ends (1010, Annotated Fig 2) of the second conduit (1008, Annotated Fig 2) and does not contact a sidewall (1007, Annotated Fig 2) of the second conduit (1008, Annotated Fig 2); wherein: (a) an additional axis (1011, Annotated Fig 2) and a plane (plane 1012, Annotated Fig 2) are both orthogonal to the long axis (1006, Annotated Fig 2) of the second conduit (1008, Annotated Fig 2), (b) the additional axis (1001, Annotated Fig 2) intersects the second channel (1004, Annotated Fig 2) but not the curved surface of the shelf (Outlet pathway 56 has a curved surface), and (c) the plane (1012, Annotated Fig 2) intersects the second channel (1004, Annotated Fig 2) and the curved surface of the shelf (Outlet pathway 56 has a curved surface; Annotated Fig 2 shows plane 1012 perpendicular to long axis 1006; the plane is located at the interface between shelf 56 and second channel 1004 intersecting both at their boundary).
Amended claim limitation does not require the plane 1012 and axis 1011 to be coincident. They can be separated by a distance, parallel to each other and orthogonal to axis 1006; please see annotated Fig 2 below.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUILLERMO G PAZ ESTEVEZ whose telephone number is (703)756-5951. The examiner can normally be reached Monday- Friday 8:00-5:00.
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/GUILLERMO G PAZ ESTEVEZ/ Examiner, Art Unit 3783
/Lauren P Farrar/Primary Examiner, Art Unit 3783