DETAILED ACTION
1. The Amendment filed 10/01/2025 has been entered. Claims 1-10 in the application remain pending and are currently being examined. Claims 2-3, 5, 7 & 10 were amended.
2. The text of those sections of Title 35, U.S.C. code not included in this action can be found in a prior Office Action.
Notice of Pre-AIA or AIA Status
3. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
4. Claim objections on claim 3 are rendered moot per amendments.
Claim Rejections
5. The claim rejections under AIA 35 U.S.C. 112(b), of claims 2, 5, 7 & 10 are withdrawn per amendments of claims 2, 5, 7 & 10.
Claim Rejections - 35 USC § 102
6. Claims 1-10 remain rejected under AIA 35 U.S.C. 102(a)(1) as being anticipated by Laboratories Phagogene, Nizza (DE 7701557 U1) hereinafter Nizza.
As regards to claim 1, Nizza discloses an aerosolization device for an aerosol wetting chamber comprising a receiving opening for receiving the aerosolization device and adapted for wetting samples disposed in the aerosol wetting chamber with aerosol ([0007]-[0008]; [0013]-[0014]; [0030]-[0033]; fig 1-5), the aerosolization device comprising:
a main body 15 with an aerosol passageway 16, which includes an outlet 7 for discharging aerosol in a discharge direction (see fig 2, arrows/X’s) ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17),
an aerosol deflector (see fig 1-2, plate at end of 9) disposed downstream of the outlet 7 in the discharge direction (see fig 2, arrows/X’s) and having at least one deflecting surface (see fig 1-2, surfaces of plate at end of 9) extending transverse to the discharge direction (see fig 2, arrows/X’s) and adapted to deflect aerosol emerging from the outlet 7 in a direction different from (see fig 2, direction changes) the discharge direction (see fig 2, arrows/X’s) ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17),
a swirling device 10+11+12 arranged downstream of the aerosol deflector (see fig 1-2, plate at end of 9) in the discharge direction (see fig 2, arrows/X’s) and comprising at least one movable element 10+11+12 adapted to set surrounding fluid in motion ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17).
As regards to claim 2, Nizza discloses an aerosolization device ([0007]-[0008]; [0013]-[0014]; [0030]-[0033]; fig 1-5), wherein the at least one deflecting surface (see fig 1-2, surfaces of plate at end of 9) comprises at least two deflecting surfaces (see fig 1-2, each side of plate at end of 9), each extending transverse to the discharge direction (see fig 2, arrows/X’s), wherein an angle between the discharge direction (see fig 2, arrows/X’s) and a respective plane of the deflecting surface (see fig 1-2, surfaces of plate at end of 9) is the same ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17).
As regards to claim 3, Nizza discloses an aerosolization device ([0007]-[0008]; [0013]-[0014]; [0030]-[0033]; fig 1-5), wherein the movable element 10+11+12 of the swirling device 10+11+12 comprises at least one vane (wing, rotor blade) that is rotatable about a rotation axis ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17).
As regards to claim 4, Nizza discloses an aerosolization device ([0007]-[0008]; [0013]-[0014]; [0030]-[0033]; fig 1-5), wherein the movable element 10+11+12 of the swirling device 10+11+12 is arranged in a space that comprises at least one opening (see fig 1-2) ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17).
As regards to claim 5, Nizza discloses an aerosolization device ([0007]-[0008]; [0013]-[0014]; [0030]-[0033]; fig 1-5), wherein the at least one deflecting surface (see fig 1-2, surfaces of plate at end of 9) is formed at a supporting body 9 and the supporting body 9 comprises the space in which the movable element 10+11+12 of the swirling device 10+11+12 is arranged ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17).
As regards to claim 6, Nizza discloses an aerosolization device ([0007]-[0008]; [0013]-[0014]; [0030]-[0033]; fig 1-5), wherein the supporting body 9 comprises a seat (see fig 1-2, pole structure of 9) for at least partially receiving the swirling device 10+11+12 around the seat (see fig 1-2, pole structure of 9) ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17).
As regards to claim 7, Nizza discloses an aerosolization device ([0007]-[0008]; [0013]-[0014]; [0030]-[0033]; fig 1-5), wherein the main body 15 comprises at least one fluid supply passageway 6 comprising an inlet for supplying fluid to be supplied to the aerosol wetting chamber, and the outlet 7 for discharging the fluid to be supplied to the aerosol wetting chamber into the aerosol wetting chamber ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17).
As regards to claim 8, Nizza discloses an aerosolization device ([0007]-[0008]; [0013]-[0014]; [0030]-[0033]; fig 1-5), wherein the main body 15 comprises at least one line feed-through 26 adapted to feed through a line (see fig 5, broken lines from 26) for controlling and/or supplying energy to the swirling device 10+11+12 ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17).
As regards to claim 9, Nizza discloses an aerosolization device ([0007]-[0008]; [0013]-[0014]; [0030]-[0033]; fig 1-5), further comprising: a port 24 for an aerosol feed line (see fig 5, line from tank 23) for feeding aerosol of an external source 23, the port 24 being arranged upstream of the aerosol passageway 16 and being in fluid communication with the aerosol passageway 16 ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17).
As regards to claim 10, Nizza discloses an aerosolization device ([0007]-[0008]; [0013]-[0014]; [0030]-[0033]; fig 1-5), further comprising an aerosol receiving device 14+17+18+19+20 with an aerosol generation chamber (see fig 2 & 5, chamber of 14+17+18+19+20) comprising an inlet 6 for loading a substance 5 for producing an aerosol into the aerosol generating chamber (see fig 2 & 5, chamber of 14+17+18+19+20+21), and another outlet 21 for feeding aerosol produced from the substance 5 from the aerosol generating chamber (see fig 2 & 5, chamber of 14+17+18+19+20) to the aerosol passageway 16 ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17).
Response to Arguments
7. Applicant's arguments filed 10/01/2025 have been fully considered but they are not persuasive.
Applicant’s principal arguments are:
(a) With respect to Claim 1, the aerosolization device has an aerosol outlet through which aerosol is discharged in the discharge direction. The arrangement of the aerosol deflector is specified in relation to the aerosol outlet, namely downstream of it. The arrangement of the swirling device, in turn, is specified in relation to the aerosol deflector, also downstream of it. In other words, Claim 1 defines the following sequence, viewed from the aerosol outlet in the direction of discharge: aerosol outlet -> aerosol deflector -> swirling device. Nizza fails to disclose such an arrangement.
Nizza has an aerosol outlet 16, which, in contrast to Applicant's claims, represents the "end" of the device of Nizza. The device according to D1 is in fact a device for generating an aerosol, referred to there as an aerosol generator. Liquid medium 5 is fed to the aerosol generator via an inlet 6 (see Nizza: page 5, 1st paragraph). In the aerosol generator, the liquid medium 5 is converted into aerosol (see Nizza: Fig. 2) and discharged via the above aerosol outlet 16. Therefore, the aerosol generator of Nizza is not comparable to the aerosolization device of claim 1, but at most to the device for generating aerosol shown in Fig. 2 of the present application.
According to Claim 1, an aerosol deflector and a swirling device are arranged downstream of the aerosol outlet. No components are arranged downstream of the aerosol outlet 16 as disclosed by Nizza.
(b) Claim 1 is therefore novel in view of Nizza and Nizza fails to teach all the elements of claim 1. Further, Claims 2-10 depend from Claim 1, and are therefore allowable over Nizza for reasons stated with Claim 1.
8. In response to applicant’s arguments, please consider the following comments.
(a) Applicants arguments are not commensurate with the 07/01/2015 Office Action. Examiner never contended the outlet was reference numeral 16, but reference numeral 7. As already discussed above in detail and as clearly seen in Fig. 2 reproduced below, Nizza discloses
a main body 15 with an aerosol passageway 16, which includes an outlet 7 for discharging aerosol in a discharge direction (see fig 2, arrows/X’s) ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17),
an aerosol deflector (see fig 1-2, plate at end of 9) disposed downstream of the outlet 7 in the discharge direction (see fig 2, arrows/X’s) and having at least one deflecting surface (see fig 1-2, surfaces of plate at end of 9) extending transverse to the discharge direction (see fig 2, arrows/X’s) and adapted to deflect aerosol emerging from the outlet 7 in a direction different from (see fig 2, direction changes) the discharge direction (see fig 2, arrows/X’s) ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17),
a swirling device 10+11+12 arranged downstream of the aerosol deflector (see fig 1-2, plate at end of 9) in the discharge direction (see fig 2, arrows/X’s) and comprising at least one movable element 10+11+12 adapted to set surrounding fluid in motion ([0050]-[0053]; [0060]-[0065]; [0071]-[0074]; fig 1-5; clm 7-8 & 17).
That is, as clearly shown in Fig. 2 below, Nizza discloses an outlet 7, an aerosol deflector (see fig 1-2, plate at end of 9) disposed downstream of the outlet 7 and a swirling device 10+11+12 arranged downstream of the aerosol deflector (see fig 1-2, plate at end of 9) in the discharge direction.
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(b) In view of the foregoing, Examiner respectfully contends the limitations of claim 1 are indeed satisfied. Claims 2-10 are rejected at least based on their dependency from claim 1, as well as for their own rejections on the merits, respectively.
Conclusion
9. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jethro M Pence whose telephone number is (571)270-7423. The examiner can normally be reached M-TH 8:00 A.M. - 6:30 P.M..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dah-Wei D. Yuan can be reached on 571-272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jethro M. Pence/
Primary Examiner
Art Unit 1717