DETAILED ACTION
This Office Action is in response to the filing of a Request for Continued Examination (RCE) and amendments therein filed 3/10/2026. As per the amendments, claims 1 and 6 are amended, claims 11-12 have been cancelled, and no claims have been added. Thus, claims 1-10 are pending in the application.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/10/2026 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites the term “face” in line 17. Examiner suggests changing to read --faces-- in order to correct a grammatical error.
Appropriate correction is required.
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 1-3 are rejected under 35 U.S.C. 103 as obvious over Cheng et al. (US Pub. 2020/0164163) in view of Gabrio et al. (US Pub. 6,615,826) in view of Schmidt et al. (US Pat. 6,293,279).
Regarding claim 1, Cheng discloses an airflow-guiding component (the discloses flow guiding element; see abstract) configured to be mated with a receiving port of a nebulizer host, the airflow-guiding component comprising (see Fig. 4 and annotated Fig. 5 below where the threads at the rear of body 10 connect to nebulizer 2, the nebulizer being a nebulizer host, and the hole in the nebulizer through which the threads connect and interact with being a receiving port thereof): an air-guiding part (see annotated Fig. 5 below) including a first hollow tube body (see annotated Fig. 5 below), a second hollow tube body (see annotated Fig. 5 below), and an air-guiding structure connected between the first hollow tube body and the second hollow tube body (see annotated Fig. 5 below); and a structural matching part connected to the first hollow tube body (see annotated Fig. 5 below, the threads on the end of body 10); wherein the air-guiding structure has a plurality of rear main air- introducing channels surrounding the first hollow tube body (see flow-guiding channels 111 in Fig. 5; it is noted that there are a number of similar embodiments that disclose a variety of different configurations and orientations for the air-introducing channels), and each of the rear main air-introducing channels has a rear main air-introducing opening perpendicular or inclined to the structural matching part (see Fig. 4 for where it is shown that the opening 111b is perpendicular to the longitudinal axis), wherein when the structural matching part is mated with the nebulizer host (see Fig. 4 and annotated Fig. 5 below where the threads at the rear of body 10 connect to nebulizer 2 to mate them together).
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Cheng lacks a detailed description of all of the rear main air-introducing openings of the plurality of rear main air-introducing channels establish a flow path that unobstructedly face the nebulizer host. It is noted that Cheng does disclose a plurality of different embodiments where the rear main air-introducing channels can be oriented facing generally forward or backward, with a variety of slopes/ angles of the channels (e.g. channels/ openings 111 in Fig. 8 vs channel/ opening 112 in Fig. 11). Furthermore, it is understood that to “face” the nebulizer hose depends on the size and shape of the nebulizer host, which is left nebulous. Hence, it is understood that a sufficiently large nebulizer, or certain-shaped nebulizer will allow for even an angled opening to face at least some part of the nebulizer host.
However, Gabrio teaches a handheld nebulizer device, where all of the rear main air-introducing openings of the plurality of rear main air-introducing channels communicated with external air are configured to unobstructedly face the nebulizer host (see Figs. 1-2 where chamber 12 includes a plurality of air inlet passages 22 (analogous to passages 66 in Figs. 11-11c) which open in the rear of the chamber and directly point backwards along antiparallel to the main axis of the chamber 12 so as to point back towards the nebulizer shown about canister 2 and actuator 8, such that there is nothing in the flow path between the passages 22 and the body of housing 10).
Therefore 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 angle and direction of the rear main air introducing channels of Cheng to face directly backwards towards the nebulizer host as taught by Gabrio, as it would be a simple substitution of one orientation of a rear channel for another orientation, to yield the predictable result of providing an air inlet into the air channel near the rear. Further, rear-facing air inlets also have the added benefit of creating a sheath of air around the aerosol stream, to better carry the nebulized medicament (Gabrio; see Col. 5 lines 44-50).
The modified Cheng device lacks a detailed description of an annular buffering ramp having a curved surface tapered toward the receiving port, wherein a frontal projection area of the annular buffering ramp of the nebulizer host is larger than a frontal projection area of the air-guiding part.
However, Schmidt teaches an aerosol delivery device, where a mouthpiece has an annular buffering ramp having a curved surface tapered toward the receiving port (see Fig. 25 where exhalation ports 890 have an annular buffering ramp of outer wall 864, which tapers in the direction of the connection between mouthpiece 855 and the downstream portion 845 of the main housing 843, forming a receiving port substantially about sealing portion 879), wherein a frontal projection area of the annular buffering ramp of the nebulizer host is larger than a frontal projection area of the air-guiding part (see Fig. 25 where the ramp surface of outer wall 864 is radially larger than the distal tip of mouthpiece 855).
Therefore 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 mouthpiece connection to the nebulizer host of the modified Cheng device to have exhalation ports with an annular buffering ramp as taught by Schmidt, as it would direct any exhaled air out of the mouthpiece, preventing exhaled air from entering the nebulizer and potentially disrupting the entrainment of particles during inhalation.
Regarding claim 2, the modified Cheng device has wherein the rear main air-introducing opening of each of the plurality of rear main air-introducing channels is inclined relative to the first hollow tube body or the structural matching part at an angle ranging from 80 to 100 degrees (Gabrio; see Figs. 1-2 where the angle between the walls of chamber 12 and the openings of air inlets 22 into the mouthpiece 14 is a 90 degree angle); wherein the structural matching part includes a matching portion disposed on an outer peripheral surface thereof (Cheng; see annotated Fig. 5 above, where the structural matching part is a threaded connection on the outer surface thereof) and configured for matching with a matching portion of the nebulizer host (Cheng; see Fig. 4 where body 10 that has the threads is shown interfaced with the nebulizer 2; see also [0008] lines 1-3; and the last 2 lines of [0037] where the flow-guiding element 1 is connected to nebulizer 2), and the airflow-guiding component is assembled on the nebulizer host by matching together the matching portion of the airflow-guiding component and the matching portion of the nebulizer host (Cheng; see Fig. 4 where body 10 that has the threads is shown interfaced with the nebulizer 2; see also [0008] lines 1-3; and the last 2 lines of [0037] where the flow-guiding element 1 is connected to nebulizer 2 via interfacing with the threads on the flow-guiding element); wherein the structural matching part includes a front air-guiding channel therein (Cheng; see Figs. 4-5 the interior channel section around the part of body 10 that interfaces with nebulizer 2, nearby and in-line with nebulizing module 21), and the front air-guiding channel is configured to be communicated with a nebulizer module of the nebulizer host (Cheng; see Figs. 4-5 the interior channel section around the part of body 10 that interfaces with nebulizer 2, nearby and in-line with nebulizing module 21 such that they fluidically communicate with one another); wherein the air-guiding part has a rear air-guiding channel formed therein (Cheng; see Figs. 4-5 the interior channel space formed by main flow-guiding channel 101 within the air guiding part), and the rear air-guiding channel is communicated with the front air- guiding channel (Cheng; see Figs. 4-5 where the main flow-guiding channel 101 is in fluid communication with the channel about the body 10 at the connection to nebulizer 2); wherein the plurality of rear main air-introducing channels are communicated with the rear air-guiding channel (Cheng; see Figs. 4-5 where the flow channels 111 (as modified by Gabrio) feed into and are in fluid communication with the interior flow channel that is about the connection between body 10 and nebulizer 2), external air outside the airflow-guiding component is guided into the rear air-guiding channel through the plurality of rear main air-introducing channels (Cheng; see Fig. 4 where environment air A travels down channel 111 (as modified by Gabrio) and into the main channel about the connection between body 10 and nebulizer 2); wherein, when aerosol streams generated by the nebulizer module are transferred to the rear air-guiding channel, external air is guided into the rear air-guiding channel through the plurality of rear main air-introducing channels (Cheng; see Fig. 4 and [0038] where the drug particles DP are entrained into the environmental air A that flows into the main channel), a plurality of medicinal particles of the aerosol streams are moved forward following external air that has been guided into the rear air-guiding channel through the plurality of rear main air-introducing channels (Cheng; see Fig. 4 and [0038] where the drug particles DP are entrained into the environmental air A to follow path P1).
Regarding claim 3, the modified Cheng device has wherein the air-guiding structure includes a plurality of front main air- guiding walls and a rear main air-guiding wall (Cheng; see annotated Fig. 4 below, where each auxiliary flow-guiding body 11 of Fig. 5 has a front main air-guiding wall and rear main air-guiding wall as annotated, the rear air-guiding wall running along the air-guiding structure until meeting with the second hollow tube body), the plurality of front main air- guiding walls are sequentially connected and surroundingly disposed on the first hollow tube body (Cheng; see Fig. 5 and annotated Fig. 4 below, where each of the walls of the flow-guiding bodies 11 are connected in sequence and surrounding the first hollow tube body), and the rear main air-guiding wall is surroundingly connected between the plurality of front main air-guiding walls and the second hollow tube body (Cheng; see annotated Fig. 4 below and Fig. 5 where the rear walls surround the tube, and are located closer to the second hollow tube body than the front walls); wherein each of the plurality of rear main air-introducing channels is formed between a corresponding one of the plurality of front main air- guiding walls and the first hollow tube body (Cheng; see annotated Fig. 4 below and Fig. 5 where each channel 111 (as modified by Gabrio) is formed between the front walls and the first hollow tube body), and each of the plurality of rear main air-introducing openings of each of the plurality of rear main air- introducing channels is perpendicular or inclined to the first hollow tube body (Cheng; see Fig. 4 where the opening 111b (as modified by Gabrio) is perpendicular to the tube body); wherein the air-guiding structure includes at least one lateral auxiliary air-guiding wall (Cheng; see the walls surrounding lateral hole 12 in Fig. 5), and the at least one lateral auxiliary air-guiding wall is convexly disposed on the rear main air-guiding wall (Cheng; see Fig. 5 where the lateral hole 12 and its surrounding walls are on the convex sidewalls of the rear wall (annotated Fig. 4 bellow)); wherein the at least one lateral auxiliary air-guiding wall has a rear auxiliary air-introducing channel (Cheng; see Fig. 5 where the lateral hole 12 forms a channel), and the rear auxiliary air-introducing channel has a rear auxiliary air-introducing opening perpendicular or inclined to the rear main air-guiding wall (Cheng; see Fig. 5 where the opening to the channel of lateral hole 12 is formed perpendicular to the main tube channel); wherein the plurality of front main air-guiding walls are sequentially connected to form an outer peripheral surface having a circular or a polygonal surface profile (Cheng; see Fig. 5 where the outer front walls of the bodies 11 forms a circular cross-section profile), a nozzle opening of the second hollow tube body is shaped as a circle or an ellipse (Cheng; see Fig. 5 the distal end of main flow-guiding channel 101 ending in an elliptical nozzle), and a radial distance of the rear main air- guiding wall is gradually decreased from the first hollow tube body to the second hollow tube body (Cheng; see Fig. 7 where the radial distance decreases from bodies 11 to the nozzle end of the second hollow tube body. It is noted that Fig. 7 is identical in every way to Fig. 5 except the gradual taper, and that all above citations referring to Fig. 5 are equally drawn to Fig. 7).
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Claims 6-8 are rejected under 35 U.S.C. 103 as obvious over Cheng in view of Schmidt.
Regarding claim 6, Cheng discloses a nebulizer assembly (the whole nebulizer as seen in [0007]), comprising: a nebulizer host including a host main body (the main body of the nebulizer as seen in [0007]), a medicine-containing module disposed on the host main body (the portion of the nebulizer in [0007] containing the medicament), and a nebulizer module disposed inside the medicine-containing module (see [0007]-[0008] where the nebulizer has a nebulizing module, that is understood to be connected to and at least partially inside the outer walls forming the medicine-containing module, in order to nebulize the medicament), the medicine containing module comprising a receiving port (see Fig. 4 and annotated Fig. 5 below where the threads at the rear of body 10 connect to nebulizer 2, the nebulizer being a medicine containing module, and the hole in the nebulizer through which the threads connect and interact with being a receiving port thereof); and an airflow-guiding component configured to mate with the nebulizer host through the receiving port (see abstract; see also Fig. 4 and annotated Fig. 5 below where the threads at the rear of body 10 connect to nebulizer 2, the nebulizer being a medicine containing module, and the hole in the nebulizer through which the threads connect and interact with being a receiving port thereof); the airflow-guiding component includes: an air-guiding part (see annotated Fig. 5 below) including a first hollow tube body (see annotated Fig. 5 below), a second hollow tube body (see annotated Fig. 5 below), and an air-guiding structure connected between the first hollow tube body and the second hollow tube body (see annotated Fig. 5 below); and a structural matching part connected to the first hollow tube body (see annotated Fig. 5 below, the threads on the end of body 10); wherein the air-guiding structure has a plurality of rear main air- introducing channels surrounding the first hollow tube body (see flow-guiding channels 111 in Fig. 5; it is noted that there are a number of similar embodiments that disclose a variety of different configurations and orientations for the air-introducing channels), and each of the rear main air-introducing channels has a rear main air-introducing opening perpendicular or inclined to the structural matching part (see Fig. 4 for where it is shown that the opening 111b is perpendicular to the longitudinal axis).
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Cheng lacks a detailed description of an annular buffering ramp having a curved surface tapered toward the receiving port, wherein a frontal projection area of the annular buffering ramp of the nebulizer host is larger than a frontal projection area of the air-guiding part.
However, Schmidt teaches an aerosol delivery device, where a mouthpiece has an annular buffering ramp having a curved surface tapered toward the receiving port (see Fig. 25 where exhalation ports 890 have an annular buffering ramp of outer wall 864, which tapers in the direction of the connection between mouthpiece 855 and the downstream portion 845 of the main housing 843, forming a receiving port substantially about sealing portion 879), wherein a frontal projection area of the annular buffering ramp of the nebulizer host is larger than a frontal projection area of the air-guiding part (see Fig. 25 where the ramp surface of outer wall 864 is radially larger than the distal tip of mouthpiece 855).
Therefore 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 mouthpiece connection to the nebulizer host of Cheng to have exhalation ports with an annular buffering ramp as taught by Schmidt, as it would direct any exhaled air out of the mouthpiece, preventing exhaled air from entering the nebulizer and potentially disrupting the entrainment of particles during inhalation.
Regarding claim 7, the modified Cheng device has wherein the rear main air-introducing opening of each of the plurality of rear main air-introducing channels is inclined relative to the first hollow tube body or the structural matching part at an angle ranging from 80 to 100 degrees (Cheng; see Figs. 11-12 and [0042] where the inclined channels can have an angle of 90 degrees); wherein the structural matching part includes a matching portion disposed on an outer peripheral surface thereof (Cheng; see annotated Fig. 5 above, where the structural matching part is a threaded connection on the outer surface thereof) and configured for matching with a matching portion of a nebulizer host (Cheng; see Fig. 4 where body 10 that has the threads is shown interfaced with the nebulizer 2; see also [0008] lines 1-3; and the last 2 lines of [0037] where the flow-guiding element 1 is connected to nebulizer 2), the airflow-guiding component is assembled on the nebulizer host by matching together the matching portion of the airflow-guiding component and the matching portion of the nebulizer host (Cheng; see Fig. 4 where body 10 that has the threads is shown interfaced with the nebulizer 2; see also [0008] lines 1-3; and the last 2 lines of [0037] where the flow-guiding element 1 is connected to nebulizer 2 via interfacing with the threads on the flow-guiding element); wherein the structural matching part includes a front air-guiding channel therein (Cheng; see Figs. 4-5 the interior channel section around the part of body 10 that interfaces with nebulizer 2, nearby and in-line with nebulizing module 21), and the front air-guiding channel is configured to be communicated with a nebulizer module of the nebulizer host (Cheng; see Figs. 4-5 the interior channel section around the part of body 10 that interfaces with nebulizer 2, nearby and in-line with nebulizing module 21 such that they fluidically communicate with one another); wherein the air-guiding part has a rear air-guiding channel formed therein (Cheng; see Figs. 4-5 the interior channel space formed by main flow-guiding channel 101 within the air guiding part), and the rear air-guiding channel is communicated with the front air- guiding channel (Cheng; see Figs. 4-5 where the main flow-guiding channel 101 is in fluid communication with the channel about the body 10 at the connection to nebulizer 2); wherein the plurality of rear main air-introducing channels are communicated with the rear air-guiding channel (Cheng; see Figs. 4-5 where the flow channels 111 feed into and are in fluid communication with the interior flow channel that is about the connection between body 10 and nebulizer 2), external air outside the airflow-guiding component is guided into the rear air-guiding channel through the plurality of rear main air-introducing channels (Cheng; see Fig. 4 where environment air A travels down channel 111 and into the main channel about the connection between body 10 and nebulizer 2); wherein, when aerosol streams generated by the nebulizer module are transferred to the rear air-guiding channel, external air is guided into the rear air-guiding channel through the plurality of rear main air-introducing channels (Cheng; see Fig. 4 and [0038] where the drug particles DP are entrained into the environmental air A that flows into the main channel), a plurality of medicinal particles of the aerosol streams are moved forward following external air that has been guided into the rear air-guiding channel through the plurality of rear main air-introducing channels (Cheng; see Fig. 4 and [0038] where the drug particles DP are entrained into the environmental air A to follow path P1).
Regarding claim 8, the modified Cheng device has wherein the air-guiding structure includes a plurality of front main air- guiding walls and a rear main air-guiding wall (Cheng; see annotated Fig. 4 below, where each auxiliary flow-guiding body 11 of Fig. 5 has a front main air-guiding wall and rear main air-guiding wall as annotated, the rear air-guiding wall running along the air-guiding structure until meeting with the second hollow tube body), the plurality of front main air- guiding walls are sequentially connected and surroundingly disposed on the first hollow tube body (Cheng; see Fig. 5 and annotated Fig. 4 below, where each of the walls of the flow-guiding bodies 11 are connected in sequence and surrounding the first hollow tube body), and the rear main air-guiding wall is surroundingly connected between the plurality of front main air-guiding walls and the second hollow tube body (Cheng; see annotated Fig. 4 below and Fig. 5 where the rear walls surround the tube, and are located closer to the second hollow tube body than the front walls); wherein each of the plurality of rear main air-introducing channels is formed between a corresponding one of the plurality of front main air- guiding walls and the first hollow tube body (Cheng; see annotated Fig. 4 below and Fig. 5 where each channel 111 is formed between the front walls and the first hollow tube body), and each of the plurality of rear main air-introducing openings of each of the plurality of rear main air- introducing channels is perpendicular or inclined to the first hollow tube body (Cheng; see Fig. 4 where the opening 111b is perpendicular to the tube body); wherein the air-guiding structure includes at least one lateral auxiliary air-guiding wall (Cheng; see the walls surrounding lateral hole 12 in Fig. 5), and the at least one lateral auxiliary air-guiding wall is convexly disposed on the rear main air-guiding wall (Cheng; see Fig. 5 where the lateral hole 12 and its surrounding walls are on the convex sidewalls of the rear wall (annotated Fig. 4 bellow)); wherein the at least one lateral auxiliary air-guiding wall has a rear auxiliary air-introducing channel (Cheng; see Fig. 5 where the lateral hole 12 forms a channel), and the rear auxiliary air-introducing channel has a rear auxiliary air-introducing opening perpendicular or inclined to the rear main air-guiding wall (Cheng; see Fig. 5 where the opening to the channel of lateral hole 12 is formed perpendicular to the main tube channel); wherein the plurality of front main air-guiding walls are sequentially connected to form an outer peripheral surface having a circular or a polygonal surface profile (Cheng; see Fig. 5 where the outer front walls of the bodies 11 forms a circular cross-section profile), a nozzle opening of the second hollow tube body is shaped as a circle or an ellipse (Cheng; see Fig. 5 the distal end of main flow-guiding channel 101 ending in an elliptical nozzle), and a radial distance of the rear main air- guiding wall is gradually decreased from the first hollow tube body to the second hollow tube body (Cheng; see Fig. 7 where the radial distance decreases from bodies 11 to the nozzle end of the second hollow tube body. It is noted that Fig. 7 is identical in every way to Fig. 5 except the gradual taper, and that all above citations referring to Fig. 5 are equally drawn to Fig. 7).
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Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng in view of Gabrio in view of Schmidt as applied to claim 1 above, and further in view of Bender et al. (US Pub. 2021/0154419).
Regarding claim 4, the modified Cheng device has wherein the air-guiding structure includes a plurality of front main air- guiding walls, a plurality of rear main air-guiding walls (Cheng; see annotated Fig. 4 above, where each auxiliary flow-guiding body 11 of Fig. 5 has a front main air-guiding wall and rear main air-guiding wall as annotated, the rear air-guiding wall running along the air-guiding structure until meeting with the second hollow tube body), the plurality of front main air-guiding walls are separate from each other and surroundingly disposed on the first hollow tube body (Cheng; see Fig. 5 and annotated Fig. 4 above, where each of the walls of the flow-guiding bodies 11 are separate and surrounding the first hollow tube body), each of the plurality of rear main air-guiding walls is connected between a corresponding one of the plurality of front main air-guiding walls and the second hollow tube body (Cheng; see annotated Fig. 4 above and Fig. 5 where the rear walls surround the tube, and are located closer to the second hollow tube body than the front walls); wherein each of the plurality of rear main air-introducing channels is formed between a corresponding one of the plurality of front main air- guiding walls and the first hollow tube body (Cheng; see annotated Fig. 4 above and Fig. 5 where each channel 111 (as modified by Gabrio) is formed between the front walls and the first hollow tube body), and each one of the plurality of rear main air-introducing openings of each of the plurality of rear main air- introducing channels is perpendicular or inclined to the first hollow tube body (Cheng; see Fig. 4 where the opening 111b (as modified by Gabrio) is perpendicular to the tube body).
The modified Cheng device lacks a detailed description of a plurality of first connection walls, where each of the plurality of first connection walls is connected between the first hollow tube body and the second hollow tube body, and is connected between two adjacent ones of the plurality of rear main air-guiding walls.
However, Bender teaches a similar air-flow guiding component for a respiratory device, where a plurality of connection walls are located within the hollow tube body (see Fig. 63 where baffles 450 are located within the tube chamber; see also [0144]).
Therefore 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 main air-guiding channel of the air-guiding part of the modified Cheng device to include a plurality of baffles along its length as taught by Bender, as it would allow for adjustment to the shape and speed of the entrained aerosol, adjusting the medicament output (Bender; see [0144]). It is understood that in the modified Cheng device, the baffles of Bender are located along the main air-guiding channel of the air-guiding part such that it is between the first and second hollow tube bodies, and radially between the air-guiding walls.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng in view of Schmidt as applied to claim 6 above, and further in view of Bender.
Regarding claim 9, the modified Cheng device has wherein the air-guiding structure includes a plurality of front main air- guiding walls, a plurality of rear main air-guiding walls (Cheng; see annotated Fig. 4 above, where each auxiliary flow-guiding body 11 of Fig. 5 has a front main air-guiding wall and rear main air-guiding wall as annotated, the rear air-guiding wall running along the air-guiding structure until meeting with the second hollow tube body), the plurality of front main air-guiding walls are separate from each other and surroundingly disposed on the first hollow tube body (Cheng; see Fig. 5 and annotated Fig. 4 above, where each of the walls of the flow-guiding bodies 11 are separate and surrounding the first hollow tube body), each of the plurality of rear main air-guiding walls is connected between a corresponding one of the plurality of front main air-guiding walls and the second hollow tube body (Cheng; see annotated Fig. 4 above and Fig. 5 where the rear walls surround the tube, and are located closer to the second hollow tube body than the front walls); wherein each of the plurality of rear main air-introducing channels is formed between a corresponding one of the plurality of front main air- guiding walls and the first hollow tube body (Cheng; see annotated Fig. 4 above and Fig. 5 where each channel 111 (as modified by Gabrio) is formed between the front walls and the first hollow tube body), and each one of the plurality of rear main air-introducing openings of each of the plurality of rear main air- introducing channels is perpendicular or inclined to the first hollow tube body (Cheng; see Fig. 4 where the opening 111b (as modified by Gabrio) is perpendicular to the tube body).
The modified Cheng device lacks a detailed description of a plurality of first connection walls, where each of the plurality of first connection walls is connected between the first hollow tube body and the second hollow tube body, and is connected between two adjacent ones of the plurality of rear main air-guiding walls.
However, Bender teaches a similar air-flow guiding component for a respiratory device, where a plurality of connection walls are located within the hollow tube body (see Fig. 63 where baffles 450 are located within the tube chamber; see also [0144]).
Therefore 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 main air-guiding channel of the air-guiding part of the modified Cheng device to include a plurality of baffles along its length as taught by Bender, as it would allow for adjustment to the shape and speed of the entrained aerosol, adjusting the medicament output (Bender; see [0144]). It is understood that in the modified Cheng device, the baffles of Bender are located along the main air-guiding channel of the air-guiding part such that it is between the first and second hollow tube bodies, and radially between the air-guiding walls.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng in view of Gabrio in view of Schmidt as applied to claim 1 above, and further in view of Bender.
Regarding claim 5, the modified Cheng device has wherein the air-guiding structure includes a plurality of rear main air- guiding walls (Cheng; see annotated Fig. 4 above, where each auxiliary flow-guiding body 11 of Fig. 5 has a rear main air-guiding wall as annotated), each of the plurality of rear main air-guiding walls is connected between the first hollow tube body and the second hollow tube body (Cheng; see annotated Fig. 4 above and Fig. 5 where the rear walls surround the tube, and are located between the first and second hollow tube bodies); wherein the air-guiding part has a rear air-guiding channel formed therein (Cheng; see Figs. 4-5 the interior channel space formed by main flow-guiding channel 101 within the air guiding part), each of the plurality of rear main air-introducing channels is formed between one of the plurality of rear main air-guiding walls and one of the plurality of rear air-guiding channel corresponding to each other (Cheng; see Fig. 5 where each of the bodies 11 and their channels 111 (as modified by Gabrio) are formed radially between the rear walls (see annotated Fig. 4 above) and the main channel of the tube), and each of the plurality of rear main air-introducing openings of each of the rear main air-introducing channels is perpendicular or inclined to the first hollow tube body (Cheng; see Fig. 4 where the opening 111b (as modified by Gabrio) is perpendicular to the tube body).
The modified Cheng device lacks a detailed description of a plurality of first connection walls, where each of the plurality of first connection walls is connected between the first hollow tube body and the second hollow tube body, and is connected between two adjacent ones of the plurality of rear main air-guiding walls, and wherein the air-guiding structure includes a plurality of second connection walls separate from each other, and each of the plurality of second connection walls is connected between two adjacent ones of the plurality of rear main air-guiding walls, and is adjacent to a corresponding one of the plurality of first connection walls.
However, Bender teaches a similar air-flow guiding component for a respiratory device, where a plurality of first connection walls are located within the hollow tube body (see Fig. 63 where the upper set of baffles 450 are located within the tube chamber; see also [0144]), and a plurality of second connection walls are located within the hollow tube body (see Fig. 63 where the lower set of baffles 450 are located within the tube chamber; see also [0144]).
Therefore 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 main air-guiding channel of the air-guiding part of the modified Cheng device to include a first and second plurality of baffles along its length as taught by Bender, as it would allow for adjustment to the shape and speed of the entrained aerosol, adjusting the medicament output (Bender; see [0144]). It is understood that in the modified Cheng device, the first and second set of baffles of Bender are located along the main air-guiding channel of the air-guiding part such that it is between the first and second hollow tube bodies, both sets radially between the air-guiding walls, with the second set located adjacent to the first set.
The modified Cheng device lacks a detailed description of wherein the first hollow tube body has a plurality of lateral main air- introducing openings separate from each other, each of the plurality of lateral main air-introducing openings extends along an outer peripheral surface of the first hollow tube body, and the plurality of lateral main air-introducing openings are respectively communicated with the plurality of rear main air- introducing openings; wherein the air-guiding structure includes a surrounding extending wall surrounding the plurality of lateral main air-introducing openings, and the surrounding extending wall has a plurality of lateral auxiliary air-introducing openings respectively corresponding to the plurality of lateral main air- introducing openings.
However, Gabrio further teaches a similar air-introducing and guiding system for a respiratory device, where the hollow tube body has a plurality of lateral main air- introducing openings separate from each other (see Fig. 4 inner inlet ports 36 that run along the entrance to venturi 34), each of the plurality of lateral main air-introducing openings extends along an outer peripheral surface of the hollow tube body (see Fig. 4 where each of the inner inlet ports 36 is on the outer surface of chamber 12), the plurality of lateral main air-introducing openings are respectively communicated with the plurality of rear main air- introducing openings (see Fig. 4 where the inner and outer sets of inlet ports 36 communicate with one another fluidically); wherein the air-guiding structure includes a surrounding extending wall surrounding the plurality of lateral main air-introducing openings (see Fig. 4 where the walls of chamber 12 between the proximal and distal end forms an extending walls that defines the outer inlets 36 and runs parallel to the longitudinal axis), and the surrounding extending wall has a plurality of lateral auxiliary air-introducing openings respectively corresponding to the plurality of lateral main air- introducing openings (see Fig. 4 where a plurality of outer inlet ports 36 are located on the outer wall of chamber 12 that runs parallel to the longitudinal axis).
Therefore 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 air-guiding component of the modified Cheng device to include a plurality of lateral main air openings and lateral auxiliary air openings as taught by Gabrio, as it would provide additional air inflow openings that can be used alongside a venturi to adjust the air flow and pressure provided by the device.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng in view of Schmidt as applied to claim 6 above, and further in view of Bender.
Regarding claim 10, the modified Cheng device has wherein the air-guiding structure includes a plurality of rear main air- guiding walls (Cheng; see annotated Fig. 4 above, where each auxiliary flow-guiding body 11 of Fig. 5 has a rear main air-guiding wall as annotated), each of the plurality of rear main air-guiding walls is connected between the first hollow tube body and the second hollow tube body (Cheng; see annotated Fig. 4 above and Fig. 5 where the rear walls surround the tube, and are located between the first and second hollow tube bodies); wherein the air-guiding part has a rear air-guiding channel formed therein (Cheng; see Figs. 4-5 the interior channel space formed by main flow-guiding channel 101 within the air guiding part), each of the plurality of rear main air-introducing channels is formed between one of the plurality of rear main air-guiding walls and one of the plurality of rear air-guiding channel corresponding to each other (Cheng; see Fig. 5 where each of the bodies 11 and their channels 111 (as modified by Gabrio) are formed radially between the rear walls (see annotated Fig. 4 above) and the main channel of the tube), and each of the plurality of rear main air-introducing openings of each of the rear main air-introducing channels is perpendicular or inclined to the first hollow tube body (Cheng; see Fig. 4 where the opening 111b (as modified by Gabrio) is perpendicular to the tube body).
The modified Cheng device lacks a detailed description of a plurality of first connection walls, where each of the plurality of first connection walls is connected between the first hollow tube body and the second hollow tube body, and is connected between two adjacent ones of the plurality of rear main air-guiding walls, and wherein the air-guiding structure includes a plurality of second connection walls separate from each other, and each of the plurality of second connection walls is connected between two adjacent ones of the plurality of rear main air-guiding walls, and is adjacent to a corresponding one of the plurality of first connection walls.
However, Bender teaches a similar air-flow guiding component for a respiratory device, where a plurality of first connection walls are located within the hollow tube body (see Fig. 63 where the upper set of baffles 450 are located within the tube chamber; see also [0144]), and a plurality of second connection walls are located within the hollow tube body (see Fig. 63 where the lower set of baffles 450 are located within the tube chamber; see also [0144]).
Therefore 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 main air-guiding channel of the air-guiding part of the modified Cheng device to include a first and second plurality of baffles along its length as taught by Bender, as it would allow for adjustment to the shape and speed of the entrained aerosol, adjusting the medicament output (Bender; see [0144]). It is understood that in the modified Cheng device, the first and second set of baffles of Bender are located along the main air-guiding channel of the air-guiding part such that it is between the first and second hollow tube bodies, both sets radially between the air-guiding walls, with the second set located adjacent to the first set.
The modified Cheng device lacks a detailed description of wherein the first hollow tube body has a plurality of lateral main air- introducing openings separate from each other, each of the plurality of lateral main air-introducing openings extends along an outer peripheral surface of the first hollow tube body, and the plurality of lateral main air-introducing openings are respectively communicated with the plurality of rear main air- introducing openings; wherein the air-guiding structure includes a surrounding extending wall surrounding the plurality of lateral main air-introducing openings, and the surrounding extending wall has a plurality of lateral auxiliary air-introducing openings respectively corresponding to the plurality of lateral main air- introducing openings.
However, Gabrio further teaches a similar air-introducing and guiding system for a respiratory device, where the hollow tube body has a plurality of lateral main air- introducing openings separate from each other (see Fig. 4 inner inlet ports 36 that run along the entrance to venturi 34), each of the plurality of lateral main air-introducing openings extends along an outer peripheral surface of the hollow tube body (see Fig. 4 where each of the inner inlet ports 36 is on the outer surface of chamber 12), the plurality of lateral main air-introducing openings are respectively communicated with the plurality of rear main air- introducing openings (see Fig. 4 where the inner and outer sets of inlet ports 36 communicate with one another fluidically); wherein the air-guiding structure includes a surrounding extending wall surrounding the plurality of lateral main air-introducing openings (see Fig. 4 where the walls of chamber 12 between the proximal and distal end forms an extending walls that defines the outer inlets 36 and runs parallel to the longitudinal axis), and the surrounding extending wall has a plurality of lateral auxiliary air-introducing openings respectively corresponding to the plurality of lateral main air- introducing openings (see Fig. 4 where a plurality of outer inlet ports 36 are located on the outer wall of chamber 12 that runs parallel to the longitudinal axis).
Therefore 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 air-guiding component of the modified Cheng device to include a plurality of lateral main air openings and lateral auxiliary air openings as taught by Gabrio, as it would provide additional air inflow openings that can be used alongside a venturi to adjust the air flow and pressure provided by the device.
Response to Arguments
Applicant’s arguments with respect to claim 1-10 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record. Specifically, the newly applied Schmidt reference is relied upon to teach the annular ramp surface of the amendments.
For the reasons above, the rejections hold.
Conclusion
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/MATTHEW D ZIEGLER/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785