DETAILED ACTION
This office action is in response to the amendment filed 9/2/2025. As directed by the amendment, claims 1, 8, 15, 18, and 21-22 have been amended, claims 12-13 have been cancelled, and no claims have been newly added. Thus, claims 1-11 and 14-22 are presenting pending in this application.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/2/2025 has been entered.
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 of this title, 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.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 8-9, 16, and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casey et al (2013/0291859) in view of Maeda et al (2011/0290241) and Weinstein et al (2010/0024816).
Regarding claim 1, Casey discloses a nebulizer control device comprising a manually adjustable user interface (2) (controller linked to nebulizer head (3)), an input cable (5) extending from the manually adjustable user interface (2) for connection to a power source or a main controller (cable includes USB plug (4) to connect to host computer or portable device) (para [0042]), and an output cable (6) extending from the manually adjustable user interface (2) for connection to an aerosol generator (3) (nebulizer) (para [0036]), wherein the manually adjustable user interface (2) is adapted to receive a signal conveyed from the input cable (5) and provide a modified signal on the output cable (6) to adjust operation of the aerosol generator (controller (2) can be connected to a host device and be controlled by the host device (para [0056]), and receives an input within the range of 4.75V to 5.25 V DC as per USB 2.0 electrical input requirement, which is modified by boost circuit (10) to generate a nominal 12V DC voltage required by the drive circuit (12) (para [0039]), and drive circuit (12) receives the nominal 12V DC voltage and generates an output sine wave of approximately 100 V AC which is fed into the nebulizer head (3) (para [0038]).
Casey does not disclose that, in response to a manual adjustment of the manually adjustable user interface, the manually adjustable user interface is configured to directly modify a signal conveyed from the input cable to the output cable to adjust operation of the aerosol generator.
However, Maeda in fig 18 teaches a nebulizer control device including a manually adjustable user interface (5) (power control unit) configured to receive an input from an oscillation circuit (16) and provide an output to a vibrator (21) (para [0105]), wherein, in response to a manual adjustment of the manually adjustable user interface (5) (user can press switches (51-53) in operating section) (para [0106]), the manually adjustable user interface (5) is configured to directly modify a signal conveyed from the input from oscillation circuit (16) to the output to the vibrator (21) to adjust operation of the aerosol generator (2) (atomization unit) (power control unit (5) includes amplitude adjusting section (57) which adjusts the oscillation signal in which the amplitude is adjusted to the vibrator (21)) (para [0111]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Casey by configuring the host device to provide an oscillating signal, and providing the user interface with an amplitude adjusting section so that, in response to a manual adjustment of the manually adjustable user interface, the manually adjustable user interface is configured to directly modify a signal conveyed from the input cable to the output cable to adjust operation of the aerosol generator by adjusting an amplitude of the signal as taught by Maeda in order to allow a user to adjust an amplitude of a vibrator of the aerosol generator to adjust a spray amount or inhaling time (Maeda, para [0111]), so that the appropriate amount or inhaling time can be selected according to the property of the medicine, the age of the user, the body condition of the user, or the like (Maeda, para [0112]).
The now-modified Casey’s device discloses that an extent of adjustment by the manually adjustable user interface is in a range greater than a shut-off value (lowest adjustment capable by the operating section (50 of Maeda) is a weak (Low) setting, which is greater than a shut-off value) (Maeda, para [0106])
The now-modified Casey’s device does not disclose the interface is configured to limit the extent of adjustment to a range less than a range from shut-off to maximum output rate.
However, Weinstein discloses a respiratory device configured to provide a medicament to a patient, wherein the device includes a controller (502) configured to set operational limits so as not to drown a patient, and to prevent an operating power from exceeding one or more preset limits (para [0073]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the interface of Casey to limit an extent of adjustment to a range less than a maximum output rate by providing set operational limits to prevent a power from exceeding one or more preset limits as taught by Weinstein to provide preset limits to ensure the safety of the patient and prevent the user from operating the device at operational values that may be inappropriate (Weinstein, para [0073]).
Regarding claim 2, the modified Casey’s discloses the manually adjustable user interface (5 of Maeda) is adapted to vary power supplied to the aerosol generator (2 of Maeda) (user interface (5 of Maeda) is configured to damp or adjust the amplitude of the oscillating signal) (Maeda, para [0109]).
Regarding claim 3, the modified Casey’s reference discloses the manually adjustable user interface (5 of Maeda) is adapted to adjust a signal to vary an output rate produced by an aerosol generator (2 of Maeda) (adjusts the spray amount per unit time) (Maeda, para [0108]).
Regarding claim 4, the modified Casey’s reference discloses the manually adjustable user interface is adjustable between a plurality of settings (user can operate operating section (50 of Maeda) to operate in a strong (High) setting using switch (51 of Maeda), a normal setting using switch (52 of Maeda), or a weak (Low) setting using switch (53 of Maeda)) (Maeda, para [0106]).
Regarding claim 8, the modified Casey’s reference discloses the manually adjustable user interface is configured to modify the signal by varying a resistive load of the signal (amplitude adjusting section (57 of Maeda) includes a variable resistor (54 of Maeda), and when the user pushes one of the switches, one of the three switch terminals (55 of Maeda) is selected in accordance with the pushed switch to select a corresponding resistor (54 of Maeda)) (para [0110]).
Regarding claim 9, modified Casey discloses a range limited by preset limits (Weinstein, para [0073]).
Modified Casey does not disclose the range is limited to no more than 80% of the maximum aerosol generator range.
However, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the interface of modified Casey so that the range is limited to no more than 80% of the maximum aerosol generator range, as it has been held that optimization of ranges is within the level of skill of one of ordinary skill in the art. Therefore, optimizing the range by routine experimentation would have been an obvious modification to provide preset limits to ensure the safety of the patient and prevent the user from operating the device at operational values that may be inappropriate (Weinstein, para [0073]).
Regarding claim 16, the modified Casey’s device discloses the manually adjustable user interface modifies the signal conveyed from the input cable to the output cable and does not generate a signal itself (amplitude adjusting section (57 of Maeda) adjusts signal from the oscillation circuit (16 of Maeda) to the vibrator (21 of Maeda) by amplifying/damping the received signal, and therefore does not generate a signal itself) (Maeda, para [0109]).
Regarding claim 21, Casey discloses a device whose ordinary use discloses a method for controlling a nebulizer, comprising: conveying, by a nebulizer control device (2) a signal from a power source or a main controller (controller (2) receives an input within the range of 4.75V to 5.25 V DC as per USB 2.0 electrical input requirement (para [0039]), which is generated by a power source (host) (para [0042]) to an aerosol generator (3) (nebulizer head) (para [0034]), through an input cable (5) connected to the power source or main controller (host) (para [0042]) and an output cable (6) connected to the aerosol generator (3) (cable includes USB plug (4) to connect to host computer or portable device) (para [0042]), receiving, at a manually adjustable user interface of the nebulizer control device (2) (controller) disposed between and connected to the input cable (5) and the output cable (6), a manual input for modifying the signal (user can adjust a mode of operation using the controller (2)) (para [0056]); and providing a modified signal to the aerosol generator (controller (2) receives an input within the range of 4.75V to 5.25 V DC as per USB 2.0 electrical input requirement, which is modified by boost circuit (10) to generate a nominal 12V DC voltage required by the drive circuit (12) (para [0039]), and drive circuit (12) receives the nominal 12V DC voltage and generates an output sine wave of approximately 100 V AC which is fed into the nebulizer head (3) (para [0038]).
Casey does not disclose that, in response to a manual adjustment of the manually adjustable user interface, directly modifying the signal to provide a modified signal to the aerosol generator.
However, Maeda in fig 18 teaches a nebulizer control device (5) (power control unit) including a manually adjustable user interface (50) (operating section) configured to receive an input from an oscillation circuit (16) and provide an output to a vibrator (21) (para [0105]), wherein, in response to a manual adjustment of the manually adjustable user interface (5) (user can press switches (51-53) in operating section) (para [0106]), the manually adjustable user interface (5) directly modifying a signal conveyed from the input from oscillation circuit (16) and providing a modified signal to the output to the vibrator (21) to adjust operation of the aerosol generator (2) (atomization unit) (power control unit (5) includes amplitude adjusting section (57) which adjusts the oscillation signal in which the amplitude is adjusted to the vibrator (21)) (para [0111]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the method of Casey by configuring the host device to provide an oscillating signal, and providing the user interface with an amplitude adjusting section so that, in response to a manual adjustment of the manually adjustable user interface, the manually adjustable user interface is configured to directly modify a signal to provide a signal to the aerosol generator by adjusting an amplitude of the signal as taught by Maeda in order to allow a user to adjust an amplitude of a vibrator of the aerosol generator to adjust a spray amount or inhaling time (Maeda, para [0111]), so that the appropriate amount or inhaling time can be selected according to the property of the medicine, the age of the user, the body condition of the user, or the like (Maeda, para [0112]).
The now-modified Casey’s method discloses that an extent of adjustment by the manually adjustable user interface is in a range greater than a shut-off value (lowest adjustment capable by the operating section (50 of Maeda) is a weak (Low) setting, which is greater than a shut-off value) (Maeda, para [0106])
The now-modified Casey’s method does not disclose that an extent of adjustment by the manually adjustable user interface is limited a range less than a range from shut-off to maximum output rate.
However, Weinstein discloses a respiratory device configured to provide a medicament to a patient, wherein the device includes a controller (502) configured to set operational limits so as not to drown a patient, and to prevent an operating power from exceeding one or more preset limits (para [0073]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the interface of Casey to limit an extent of adjustment to a range less than a maximum output rate by providing set operational limits to prevent a power from exceeding one or more preset limits as taught by Weinstein to provide preset limits to ensure the safety of the patient and prevent the user from operating the device at operational values that may be inappropriate (Weinstein, para [0073]).
Regarding claim 22, the modified Casey’s reference discloses directly varying, by the manually adjustable user interface, a resistive load of the signal (amplitude adjusting section (57 of Maeda) includes a variable resistor (54 of Maeda), and when the user pushes one of the switches, one of the three switch terminals (55 of Maeda) is selected in accordance with the pushed switch to select a corresponding resistor (54 of Maeda)) (para [0110]).
Claims 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casey, Maeda et al, and Weinstein et al as applied to claim 1 above, and further in view of Yazbeck et al (2019/0014824).
Regarding claim 5, modified Casey discloses a manually adjustable user interface.
Modified Casey does not disclose the manually adjustable user interface comprises a manually adjustable slider.
However, Yazbeck teaches a respiratory device including a user interface (voltage potentiometer) configured to select a target value for the respiratory device, wherein the user interface comprises a manually adjustable slider to allow a user to adjust a target value by hand (para [0048]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the manually adjustable user interface of modified Casey by providing a manually adjustable slider for selection of a spray intensity, as the use of a thumbwheel is known in the art to select a target value for a respiratory device, and it appears that the device of modified Casey would perform equally well to select a spray intensity if the user interface includes a thumbwheel to allow a user to adjust a target value by hand. See MPEP 2143(I)(A).
Regarding claim 7, Casey discloses a manually adjustable user interface.
Modified Casey does not disclose the manually adjustable user interface comprises a thumbwheel.
However, Yazbeck teaches a respiratory device including a user interface (voltage potentiometer) configured to select a target value for the respiratory device, wherein the user interface comprises a thumbwheel to allow a user to adjust a target value by hand (para [0048]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the manually adjustable user interface of modified Casey by providing a thumbwheel for selection of a spray intensity, as the use of a thumbwheel is known in the art to select a target value for a respiratory device, and it appears that the device of modified Casey would perform equally well to select a spray intensity if the user interface includes a thumbwheel to allow a user to adjust a target value by hand. See MPEP 2143(I)(A).
Claims 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casey, Maeda et al, and Weinstein et a as applied to claim 1 above, and further in view of Montoya (11,110,306).
Regarding claim 6, Casey discloses a manually adjustable user interface.
Modified Casey does not disclose the manually adjustable user interface comprises a rotatable knob and associated dial.
However, Montoya teaches a respiratory device including a manually adjustable user interface (10) (control board) for adjusting a target value (temperature) (col 4, ln 11-17), and as shown in fig 2, the manually adjustable user interface including a rotatable knob (9) and associated dial shown in fig 2.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the manually adjustable user interface of modified Casey by providing a rotatable knob and associated dial for selection of a spray intensity, as the use of a rotatable knob and associated dial is known in the art to select a target value for a respiratory device, and it appears that the device of modified Casey would perform equally well to select a spray intensity if the user interface includes a rotatable knob and associated dial to allow a user to adjust a target value by hand. See MPEP 2143(I)(A).
Claims 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casey as applied to claim 1 above, and further in view of Finke et al (2016/0310681).
Regarding claim 10, Casey discloses a control device including an interface.
Casey does not disclose the interface is additionally configured to be linked with a detection device and to automatically adjust aerosol output according to a feed from the detection device.
However, Finke in fig 1 teaches a nebulizer including a control device (B), wherein the control device (B) is configured to be linked with a detection device (13a) (detector) configured to measure at least one electrical parameter of the vibrator (7) of the nebulizer (A) (para [0013]), and to automatically adjust aerosol output according to a feed from the detection device (13a) (if detector (13a) determines that there is no fluid in contact with the membrane (1), the detector (13a) emits a signal to automatically stop the supply of activation signals to the vibrator (7) (para [0164]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the control device of Casey by configuring the interface to be additionally configured to be linked with a detection device and to automatically adjust aerosol output according to a feed from the detection device as taught by Finke in order to stop operation of the nebulizer when no fluid is present to prevent damage to the nebulizer (Finke, para [0013]).
Regarding claim 11, the modified Casey’s reference discloses the interface is configured to be linked with an end of dose detector and/or a wet or dry detector (13a of Finke) (detector (13a of Finke) is configured to determine whether there is fluid stored in the fluid reservoir (2)) (Finke, para [0164]).
Claim 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casey, Maeda et al, and Weinstein et as applied to claim 1 above, and further in view of Collins, Jr et al (2004/0256487).
Regarding claim 14, modified Casey discloses a manually adjustable user interface.
Modified Casey does not disclose the manually adjustable user interface includes a potentiometer.
However, Collins teaches a nebulizer device including a manually adjustable user interface comprising a dose adjuster (1530), wherein the dose adjuster (1530) includes a potentiometer (1532) for changing the resistance of a potentiometer to adjust a dosage voltage signal (para [0123]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Casey by substituting the variable resistor with a potentiometer, as it would be a simple substitution of one known mechanism for adjusting an output signal with another, and it appears that the modified Casey’s device would perform equally well to adjust an output signal sent to a nebulizer if the signal was modified using a potentiometer. See MPEP 2143(I)(B).
Claim 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casey, Maeda et al, and Weinstein et a as applied to claim 1 above, and further in view of Cao et al (2021/0038834)
Regarding claim 15, modified Casey discloses the manually adjustable user interface modifies the signal conveyed from the input cable to the output cable by varying an amplitude level of the signal (Maeda, para [0109]).
Modified Casey does not disclose the manually adjustable user interface modifies the signal conveyed from the input cable to the output cable by varying a voltage level of the signal.
However, Cao teaches a nebulizer device a voltage control element for providing an operating voltage to an atomization sheet (para [0085]), wherein the voltage control element includes a voltage control circuit for controlling an output voltage (para [0088]), and a manually adjustable user interface comprising a voltage adjustment knob (para [0090]) to adjust an output voltage (para [0101]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the manually adjustable user interface of Casey by providing a voltage control circuit including a manually adjustable user interface comprising a voltage adjustment knob for adjusting an output voltage as taught by Cao in order to allow a user to adjust an operating voltage, which would increase the versatility of the device and allow the nebulizer device to meet the need of different populations, different drugs, and different symptoms (Cao, para [0022]).
Claims 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casey as applied to claim 1 above, and further in view of Ivri et al (5,758,637).
Regarding claim 17, modified Casey discloses the signal conveyed from the input cable to the output cable includes a control signal and wherein the manually adjustable user interface modifies the signal conveyed from the input cable to the output cable by adjusting an amplitude of the control signal (Maeda, para [0109]).
Modified Casey does not disclose the signal conveyed from the input cable to the output cable includes a DC control signal and wherein the manually adjustable user interface modifies the signal conveyed from the input cable to the output cable by adjusting an amplitude of the DC control signal.
However, Ivri in fig 22 teaches a nebulizer device including a manually adjustable user interface (268) (switch) including a DC input signal (input is from male plug (266) inserted into a DC power source) and a DC adaptor system (264) configured to provide a DC signal to a nebulizer apparatus (206) (col 18, ln 49-67).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified of modified Casey so that the signal conveyed from the input cable to the output cable includes a DC control signal, as the use of a DC signal to drive a nebulizer is known in the art, and it appears that the device of modified Casey would perform equally well to drive a nebulizer of the signal conveyed to the output cable is a DC signal. See MPEP 2143(I)(B).
Claims 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casey in view of Maeda et al.
Regarding claim 18, Casey discloses a system, comprising: an aerosol generator (3) (nebulizer head) (para [0034]), a power source or a main controller configured to drive the aerosol generator (3) (plug (4) connects to host system or device (para [0042]), and plug (4) inputs 4.75V to 5.25 V DC to the controller (2) for driving the aerosol generator (para [0039]), and a nebulizer control device (2) (controller) separate and distinct from the aerosol generator (3) (controller (2) can be unplugged from the aerosol generator (3)) (para [0035]), comprising; a nebulizer control device comprising a manually adjustable user interface (2) (controller linked to nebulizer head (3)), an input cable (5) extending from the manually adjustable user interface (2) for connection to a power source or a main controller (cable includes USB plug (4) to connect to host computer or portable device) (para [0042]), and an output cable (6) extending from the manually adjustable user interface (2) for connection to an aerosol generator (3) (nebulizer) (para [0036]), wherein the manually adjustable user interface (2) is adapted to modify a signal conveyed from the input cable (5) and to provide a modified signal on the output cable (6) to adjust operation of the aerosol generator (controller (2) receives an input within the range of 4.75V to 5.25 V DC as per USB 2.0 electrical input requirement, which is modified by boost circuit (10) to generate a nominal 12V DC voltage required by the drive circuit (12) (para [0039]), and drive circuit (12) receives the nominal 12V DC voltage and generates an output sine wave of approximately 100 V AC which is fed into the nebulizer head (3) (para [0038]).
Casey does not disclose the manually adjustable user interface is configured to directly vary a resistive load, an inductive load, or a capacitive load of a signal generated by the power source or main controller.
However, Maeda in fig 18 teaches a nebulizer control device including a manually adjustable user interface (5) (power control unit) configured to receive an input from a power source (16) (oscillation circuit) and provide an output to a vibrator (21) (para [0105]), wherein, in response to a manual adjustment of the manually adjustable user interface (5) (user can press switches (51-53) in operating section) (para [0106]), the manually adjustable user interface (5) is configured to directly vary a resistive load (amplitude adjusting section (57 of Maeda) includes a variable resistor (54 of Maeda), and when the user pushes one of the switches, one of the three switch terminals (55 of Maeda) is selected in accordance with the pushed switch to select a corresponding resistor (54 of Maeda)) (para [0110]) of a signal generated by a main controller (16) to the output to the vibrator (21) to adjust operation of the aerosol generator (2) (atomization unit) (power control unit (5) includes amplitude adjusting section (57) which adjusts the oscillation signal in which the amplitude is adjusted to the vibrator (21)) (para [0111]),
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Casey by configuring the host device to provide an oscillating signal, and providing the user interface with an amplitude adjusting section so that, in response to a manual adjustment of the manually adjustable user interface, the manually adjustable user interface is configured to directly vary a resistive load, an inductive load, or a capacitive load of a signal generated by the power source or the main controller and conveyed from the input cable to the output cable to adjust operation of the aerosol generator by adjusting an amplitude of the signal as taught by Maeda in order to allow a user to adjust an amplitude of a vibrator of the aerosol generator to adjust a spray amount or inhaling time (Maeda, para [0111]), so that the appropriate amount or inhaling time can be selected according to the property of the medicine, the age of the user, the body condition of the user, or the like (Maeda, para [0112]).
Regarding claim 19, the modified Casey’s device discloses modifying the signal causes an increase or decrease in power provided to the aerosol generator (2 of Maeda) (user interface (5 of Maeda) is configured to damp or adjust the amplitude of the oscillating signal, which would cause an increase or decrease in power provided to the aerosol generator) (Maeda, para [0109]).
Regarding claim 20, Casey in fig 2 discloses the input cable (5) is disconnectable from the power source or the main controller (using plug (4)) (para [0036]) and wherein the output cable (6) is disconnectable from the aerosol generator (3) (using proprietary plug (7)) (para [0035]).
Response to Arguments
Applicant's arguments filed 9/02/2025 have been fully considered but they are not persuasive.
Applicant argues on page 2, second full paragraph-page 3, first full paragraph of applicant’s remarks, that the prior art of record does not disclose the limitation “in response to a manual adjustment of a manually adjustable user interface, the manually adjustable user interface is configured to directly modify a signal conveyed from an input cable to an output cable.” However, applicant’s argument is moot in view of the new grounds of rejection further in view of Maeda, which in fig 18 teaches a nebulizer control device including a manually adjustable user interface (5) (power control unit) configured to receive an input from an oscillation circuit (16) and provide an output to a vibrator (21) (para [0105]), wherein, in response to a manual adjustment of the manually adjustable user interface (5) (user can press switches (51-53) in operating section) (para [0106]), the manually adjustable user interface (5) is configured to directly modify a signal conveyed from the input from oscillation circuit (16) to the output to the vibrator (21) to adjust operation of the aerosol generator (2) (atomization unit) (power control unit (5) includes amplitude adjusting section (57) which adjusts the oscillation signal in which the amplitude is adjusted to the vibrator (21)) (para [0111]). Therefore, it would have been obvious to the skilled artisan, upon seeing Maeda’s disclosure, to modify the device of Casey by configuring the host device to provide an oscillating signal, and providing the user interface with an amplitude adjusting section so that, in response to a manual adjustment of the manually adjustable user interface, the manually adjustable user interface is configured to directly modify a signal conveyed from the input cable to the output cable to adjust operation of the aerosol generator by adjusting an amplitude of the signal in order to allow a user to adjust an amplitude of a vibrator of the aerosol generator to adjust a spray amount or inhaling time (Maeda, para [0111]), so that the appropriate amount or inhaling time can be selected according to the property of the medicine, the age of the user, the body condition of the user, or the like (Maeda, para [0112]). Therefore, the rejection is maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS YOUNG SUL whose telephone number is (571) 270-5260. The examiner can normally be reached on Monday-Friday 8:30 am-5 pm EST.
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/DOUGLAS Y SUL/Examiner, Art Unit 3785