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 .
This action is in response to the filing on 9/25/2025. Since the previous filing, claim 25 has been amended and no claims have been added or cancelled. Thus, claims 16-35 are pending in the application.
In regards to the previous 112 Rejections, Applicant has amended to overcome these rejections and they are therefore withdrawn.
In regards to the previous 102 Rejections, Applicant has not amended and their arguments are partially persuasive and these rejections are either maintained below, modified to clarify typo related to alternative limitations or withdrawn and new rejections entered below.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 16-35 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Eicher (US 2017/0072148).
In regards to claim 16, Eicher discloses a fluid dispensing device (nebulizer 1) comprising: a housing (housing 24) comprising an orifice (nozzle 12), wherein the housing is configured to accommodate at least a portion of a spray delivery device comprising a container (container 3) and an outlet through which the fluid stored in the spray delivery device can be discharged (mouthpiece 13); a mechanical biasing member (drive spring 7) reversibly transferable between a pre-loaded state and an unloaded state and configured to store mechanical energy in the pre-loaded state effective to produce a spray discharge of the spray delivery device (paragraph 83-84); a closure (housing part 18) fixable to the housing and movable relative to the housing between a closed position and an open position, wherein when in the open position the container of the spray delivery device is accessible from outside the housing (paragraph 91); a safety arrangement configured to: prevent a release of mechanical energy of the mechanical biasing member as long as the closure is not in the closed position (drive spring 7 can be manually loaded by rotation of housing part 18 into the closed position, paragraph 84).
In regards to claim 17, Eicher discloses the device of claim 16 and Eicher further discloses wherein the safety arrangement comprises a carrier mechanically engageable with the spray delivery device or with a movable part of the spray delivery device (inner part 17), the carrier being engaged with the mechanical biasing member and being movably disposed inside the housing from an unbiased position against a force effect of the mechanical biasing member towards and into a biased position (paragraph 85).
In regards to claim 18, Eicher discloses the device of claim 17 and Eicher further discloses wherein when in the biased position the carrier is engaged with the closure and prevents a movement of the closure from the closed position towards the open position (paragraph 80 and 244-245).
In regards to claim 19, Eicher discloses the device of claim 16 and Eicher further discloses further comprising an interlock configured to be releasable and to retain the mechanical biasing member in the pre-loaded state and further comprising a trigger that is manually actuatable and operationally engaged with the interlock and configured to release the interlock when actuated (retaining element 19, paragraph 244-245, Fig 5a).
In regards to claim 20, Eicher discloses the device of claim 19 and Eicher further discloses wherein the closure is engaged with at least one of the interlock and the trigger and wherein the closure is transferrable or movable from the closed position into the open position only when the interlock is released or when the trigger is actuated (paragraph 244-245).
In regards to claim 21, Eicher discloses the device of claim 19 and Eicher further discloses wherein at least one of the trigger and the interlock is operably engaged with the closure and is transferrable into an unlocked state or actuated state only when the closure is in the closed position (paragraph 244-246).
In regards to claim 22, Eicher discloses the device of claim 16 and Eicher further discloses further comprising a protective cap configured to accommodate the outlet of the spray delivery device, wherein the protective cap is configured for fitting to the housing at least in a closing position relative to the housing, in which the protective cap covers the orifice (cover 27, paragraph 93, Fig 3 and 4).
In regards to claim 23, Eicher discloses the device of claim 16 and Eicher further discloses further comprising a closure lock (locking device 26) engaged with the housing and the closure, wherein the closure lock is transferrable between a locked state, in which the closure is locked to the housing and an unlocked state, in which the closure is movable relative to the housing (paragraph 248-250).
In regards to claim 24, Eicher discloses the device of claim 23 and Eicher further discloses wherein the closure lock comprises a latch on one of the housing and the closure and a latch keeper on the other one of the housing and the closure, wherein the closure lock is in the locked state when the latch is engaged with the latch keeper and wherein the closure lock is in the unlocked state when the latch and the latch keeper are disengaged (paragraph 248-250).
In regards to claim 25, Eicher discloses the device of claim 19 and Eicher further discloses wherein a closure lock (locking device 26) is operably engaged with at least one of the interlock, the trigger and the protective cap and wherein the closure lock is transferable from the locked state towards or into the unlocked state by the at least one of the interlock (paragraph 245-250).
In regards to claim 26, Eicher discloses the device of claim 25 and Eicher further discloses further comprising a closure lock rod (locking element 66) slidably disposed in the housing, wherein the closure lock rod comprises a first end and a second end, wherein the first end is configured to engage with one of the interlock (paragraph 245-250).
In regards to claim 27, Eicher discloses the device of claim 16 and Eicher further discloses wherein the mechanical biasing member comprises a first end and a second end and wherein the first end is operably engaged with the spray delivery device and wherein the second end is engaged with the closure (spring, Fig 3).
In regards to claim 28, Eicher discloses the device of claim 16 and Eicher further discloses wherein transferring of the mechanical biasing member between the pre-loaded state and the unloaded state includes a movement of at least a portion of the mechanical biasing member along a longitudinal direction (paragraph 75).
In regards to claim 29, Eicher discloses the device of claim 28 and Eicher further discloses wherein at least one of the closure and the container is movable along a replacement direction for replacement of the container (paragraph 84-86).
In regards to claim 30, Eicher discloses the device of claim 29 and Eicher further discloses wherein the replacement direction extends transverse to the longitudinal direction (paragraph 82).
In regards to claim 31, Eicher discloses the device of claim 16 and Eicher further discloses wherein the spray delivery device or a portion thereof is arranged inside the housing (nozzle 12 in housing 13, Fig 1).
In regards to claim 32, Eicher discloses the device of claim 16 and Eicher further discloses wherein the outlet of the spray delivery device coincides with the orifice (Fig 1).
In regards to claim 33, Eicher discloses the device of claim 16 and Eicher further discloses wherein the outlet of the spray delivery device is arranged in an alignment with the orifice (Fig 1).
In regards to claim 34, Eicher discloses the device of claim 16 and Eicher further discloses wherein the spray delivery device comprises a base (holder 6), wherein the outlet is movable relative to the base for discharging a dose of the fluid through the outlet (paragraph 71).
In regards to claim 35, Eicher discloses a method for dispensing fluid using a fluid dispensing device (nebulizer 1) comprising: a housing (housing 24), the housing comprising an orifice (nozzle 12) and wherein the housing is configured to accommodate at least a portion of a spray delivery device comprising a container (container 3) and an outlet through which the fluid stored in the spray delivery device can be discharged (mouthpiece 13), a mechanical biasing member (drive spring 7) reversibly transferable between a pre-loaded state and an unloaded state and configured to store mechanical energy in the pre-loaded state effective to produce a spray discharge of the spray delivery device (paragraph 83-84), a closure (housing part 18) fixable to the housing and movable relative to the housing between a closed position and an open position, wherein when in the open position the container of the spray delivery device is accessible from outside the housing (paragraph 91), the method comprising: prevent a release of mechanical energy of the mechanical biasing member as long as the closure is not in the closed position (drive spring 7 can be manually loaded by rotation of housing part 18 into the closed position, paragraph 84).
Response to Arguments
In regards to the arguments concerning independent claim 16, these arguments are not persuasive. Applicant argues that Eicher fails to read on the limitations concerning the claimed safety arrangement. Examiner disagrees. While the previous rejection included a typo wherein unintended alternative limitations were included with the intended option, Examiner maintains the interpretation of Eicher wherein the device “prevents a release of mechanical energy of the mechanical biasing member as long as the closure is not in the closed position” as the biasing member (the spring) is unloaded and therefore unable to release mechanical energy until the closure is in the closed position.
However, this argument is persuasive with respect to independent claim 35. The incorrect alternative was entered in the rejection. That rejection has been amended to include the correct alternative limitation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arielle Wolff whose telephone number is (571)272-8727. The examiner can normally be reached Mon-Fri 8:00-4:00.
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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785