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 .
Response to Amendment
This Office Action is in response to an amendment filed on 12/26/2025. As directed by the amendment, no claims were canceled, claims 1-2, and 8-11 were amended, and claims 15-16 were added. Thus, claims 1-16 are pending for this application, with claims 1-2, 5, 8-12 and 15-16 under examination and claims 3-4, 6-7 and 13-14 withdrawn from consideration.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 5, 8-9 and 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lieberman (US 2006/0243274).
Regarding claim 1, Lieberman discloses (Fig. 1-24) a vertical-type medicine containing and nebulizing assembly, comprising:
a medicine storage module including a medicine storage casing (container 1206), wherein the medicine storage module has a medicine storage space (space within container 1206, Fig. 3, 12) formed in the medicine storage casing and a first through hole (opening in container 1206 near 134) communicated with the medicine storage space;
a nebulizing module (aerosol generator 118) including a nebulizing device (“vibrating mesh nebulizer,” paragraph [0054]) disposed in the medicine storage module (disposed in housing 22 as shown in Fig. 1A and 3) and a first conductive structure (connection structure between control electronics 1010 and aerosol generator 118, paragraph [0155]) electrically connected to the nebulizing device (paragraph [0155]); and
an induction module (level detection system 2210) including at least one metal induction element (probe 2212) disposed in the medicine storage module and a second conductive structure (signal lead 2214 and lead connector 2310, Figs. 22-23) electrically connected to the at least one metal induction element (see Fig. 22-23 and paragraphs [0143-[0145]);
wherein the medicine storage casing has an inner surrounding area (area within reservoir situated above probe 2212 shown in Figs. 3 and 23) located in the medicine storage space and surrounding the first through hole (see Fig. 22), and the at least one metal induction element has at least one exposed induction portion exposed on the inner surrounding area for receiving a signal generated by the nebulizing device (see Fig. 22);
wherein the nebulizing device is configured to convert a predetermined medicinal liquid contained in the medicine storage space into a plurality of nebulized aerosols through a nebulizer mesh plate (nebulizer device can be in the form of “vibrating mesh nebulizer”, paragraph [0054], and nebulizer 118 is shown to be plate shaped in Fig. 12, therefore a vibrating mesh plate is inherent. Turning drug solution into nebulized aerosols disclosed in paragraph [0013]. It is noted that the limitation “through a nebulizer mesh plate” is interpreted as converting liquid to aerosol by means of (i.e. “through”) a nebulizer mesh plate).
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Regarding claim 5, Lieberman discloses wherein: the inner surrounding area has a surface surrounding the first through hole (surface of 1206 surrounding bottom aperture of 1206 adjacent to 134 shown in Fig. 3), and the medicine storage casing has a first protruding blocking portion (portion of 1206 sandwiching induction portion 2212 shown in Fig. 22) and a second protruding blocking portion (upper protruding portion coupled to casing 1206, see Annotated Fig. 22 of Lieberman) that are disposed on the surface of the inner surrounding area, and the first protruding blocking portion is connected between the first through hole and the second protruding blocking portion (see Fig. 22); and wherein an upper surface of the exposed induction portion of the at least one metal induction element is exposed by the first protruding blocking portion (see Fig. 22), and a side surface of the exposed induction portion of the at least one metal induction element is covered by the first protruding blocking portion (see Fig. 22).
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Regarding claim 8, Lieberman discloses (Fig. 1-24) a portable nebulizer, comprising:
a nebulizer main body (outer housing portions 14, 16 and base portion 18); and
a vertical-type medicine containing and nebulizing assembly disposed on the nebulizer main body and electrically connected to the nebulizer main body;
wherein the vertical-type medicine containing and nebulizing assembly includes:
a medicine storage module including a medicine storage casing (container 1206, which contains drug solution, paragraph [0083]), wherein the medicine storage module has a medicine storage space (chamber 1416) formed in the medicine storage casing and a first through hole (opening in container 1206 near 134) communicated with the medicine storage space;
a nebulizing module (comprising components shown in Fig. 14) including a nebulizing device (piezoelectric transducer 118) disposed in the medicine storage module (disposed in container 1206 as shown in Fig. 14) and a first conductive structure (connection structure between control electronics 1010 and aerosol generator 118, paragraph [0155]) electrically connected to the nebulizing device (paragraph [0155]); and
an induction module (level detection system 2210) including at least one metal induction element (probe 2212) disposed in the medicine storage module and a second conductive structure (signal lead 2214 and lead connector 2310, Figs. 22-23) electrically connected to the at least one metal induction element (see Fig. 22-23 and paragraphs [0143-[0145]);
wherein the medicine storage casing has an inner surrounding area (area within reservoir situated above probe 2212 shown in Figs. 3 and 23) located in the medicine storage space and surrounding the first through hole (see Fig. 22), and the at least one metal induction element has at least one exposed induction portion exposed on the inner surrounding area for receiving a signal generated by the nebulizing device (see Fig. 22)
wherein the nebulizing device is configured to convert a predetermined medicinal liquid contained in the medicine storage space into a plurality of nebulized aerosols through a nebulizer mesh plate (nebulizer device can be in the form of “vibrating mesh nebulizer”, paragraph [0044], and nebulizer 118 is shown to be plate shaped in Fig. 12, therefore a vibrating mesh plate is inherent. Turning drug solution into nebulized aerosols disclosed in paragraph [0013]).
Regarding claim 9, Liebermann discloses wherein: the nebulizer main body includes
a main body casing (base module housing 24),
a nebulizer subassembly (housing 22 and mouthpiece 14) disposed on the main body casing, and
a microprocessor (control electronics 1010) disposed in the main body casing (paragraph [0062]);
wherein the nebulizer subassembly includes a structural matching portion (housing 22) disposed between the vertical-type medicine containing and nebulizing assembly and the main body casing (see Fig. 1), and an extending nozzle portion (mouthpiece 14) vertically and outwardly extending from the structural matching portion (see Fig. 1A), and the nebulizer subassembly has a nebulized aerosol entering opening disposed on the structural matching portion (opening of inlet 312 that receives fountain of aerosolized particles shown in Fig. 3, disposed on matching portion 22), a plurality of external air introducing openings disposed on the structural matching portion (plurality of openings shown in Fig. 1C), and a nebulized aerosol spraying opening (outlet port 26) disposed on the extending nozzle portion (outlet port 26 is disposed on nozzle 14 as shown in Fig. 2);
wherein the external air introducing opening and the nebulized aerosol spraying opening are respectively located on a rear area and a front area of the nebulizer subassembly (see Figs. 1C and 2), and the nebulized aerosol entering opening is located between the external air introducing opening and the nebulized aerosol spraying opening (see Fig. 3);
wherein the nebulizer subassembly has an external air guiding channel (channel container external air entering device shown in Annotated Fig. 3 below), a nebulized aerosol guiding channel (channel of guiding structure 132 shown in Annotated Fig. 3 below) and an air mixing chamber (chamber 138 that mixes the air flows, see Annotated Fig. 3 below), the external air guiding channel is communicated with the external air introducing openings, the nebulized aerosol guiding channel is communicated with the nebulized aerosol spraying opening, and the air mixing chamber is communicated with the external air guiding channel (all channels in fluid communication and thus are all communicated with respect to one another, as shown in Fig. 3), the nebulized aerosol guiding channel and an outlet opening (barrier opening 1412) of the nebulizing device;
wherein, after a nebulized aerosol outputted through the outlet opening of the nebulizing device and external air introduced through the external air introducing openings are mixed in the air mixing chamber to form a mixed nebulized aerosol, the mixed nebulized aerosol is guided through the nebulized aerosol guiding channel and then sprayed out from the nebulized aerosol spraying opening (see Annotated Fig. 3 below for the claimed movement); and
wherein a plurality of opening shapes of the external air introducing openings are identical or different (identical shapes, shown in Fig. 1C), a plurality of opening areas of the external air introducing openings are identical or different (different areas, shown in Fig. 1C), and a plurality of center points of the external air introducing openings are located at a same horizontal plane or different horizontal planes (different horizontal planes because arranged in an arch, see Fig. 1C).
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Regarding claim 15, Liebermann discloses wherein the inner surrounding area of the medicine storage casing is surroundingly connected to the first through hole that is communicated with an inlet opening of the nebulizing device (see Annotated Fig. 22 of Liebermann below. Regarding the “inlet opening of the nebulizing device”, Liebermann discloses the nebulizing device is a mesh and thus has holes, therefore an inlet opening is inherent), and the at least one exposed induction portion of the at least one metal induction element is exposed from the inner surrounding area of the medicine storage casing (see Annotated Fig. 22 of Liebermann below).
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Regarding claim 16, Liebermann discloses wherein the inner surrounding area of the medicine storage casing is surroundingly connected to the first through hole that is communicated with an inlet opening of the nebulizing device (see Annotated Fig. 22 of Liebermann above. Regarding the “inlet opening of the nebulizing device”, Liebermann discloses the nebulizing device is a mesh and thus has holes, therefore an inlet opening is inherent), and the at least one exposed induction portion of the at least one metal induction element is exposed from the inner surrounding area of the medicine storage casing (see Annotated Fig. 22 of Liebermann above).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Lieberman (US 2006/0243274) in view of Connolly (US 2023/0001107).
Regarding claims 2 and 10, Lieberman discloses the medicine storage module includes a carrier seat (housing 1208) configured to cooperate with the medicine storage casing (couples with bottom of housing 22, which is part of storage casing 16, shown in Figs. 11B and 12-14), a waterproof element (structure 1418) disposed between the medicine storage casing and the carrier seat (see Fig. 12), and a movable cover (mouthpiece portion 14) movably disposed on the medicine storage casing (paragraph [0113]), the medicine storage module has a second through hole (cavity 1320) passing through the carrier seat (see Fig. 13 and paragraph [0082]), and the medicine storage space is formed between the movable cover and the medicine storage casing (see Fig. 1).
wherein the at least one metal induction element of the induction module is partially exposed from the inner surrounding area of the medicine storage casing (probe 2212 partially exposed in inner surrounding area to touch fluid 116 as shown in Fig. 22), so that the exposed induction portion of the at least one metal induction element is exposed in the medicine storage space (see Fig. 22), and the second conductive structure of the induction module passes through the carrier seat (second conductive structure 2214,2310 pass through carrier seat 1208 as shown in Fig. 22-23), so that an electrode contact portion of the second conductive structure is exposed outside the carrier seat (portion 2214 outside carrier seat as shown in Fig. 23;
wherein the at least one metal induction element is a horizontal metal induction element (first conductor 2212 horizontally shaped as shown in Fig. 22)
wherein, when the at least one metal induction element is the horizontal metal induction element, the at least one metal induction element is electrically connected to the second conductive structure through a conductive spring (first and second conductive structures are electrically connected to controller and thus themselves electrically connected, paragraph [0143]-[0144]. A conductive spring 1011 is also connected to controller and thus connects the two structures as well, paragraph [0145])
whereinthe nebulizing device has an inlet opening aperture (aperture connected to wiring 1324 on top surface of nebulizing device 118 shown in Fig. 13) communicated with the first through hole (communicated with first through hole, the opening in container 1206 near 134, as shown in Fig. 3) and an outlet opening (opening on bottom surface of nebulizing device 118 that receives wire 1324) communicated with the second through hole (communicated with second through hole, that being cavity 1320, as shown in Fig. 13).
wherein, when a predetermined medicinal liquid contained in the medicine storage space is nebulized through the nebulizing device, the signal generated by the nebulizing device is transmitted to a microprocessor through the induction module (paragraphs [0143]-[0145]).
Lieberman does not disclose wherein the nebulizing module includes a first waterproof washer disposed between the medicine storage casing and the nebulizing device, and a second waterproof washer disposed between the carrier seat and the nebulizing device.
However, Connolly teaches (Fig. 1-5) a nebulizing module including a first waterproof washer (gasket 48) disposed between the medicine storage casing (housing 3) and the nebulizing device (piezoelectric actuator 46), and a second waterproof washer (washer 40) disposed between the carrier seat (retainer 6) and the nebulizing device (piezoelectric actuator 46).
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 nebulizing module of Liebermen to include a first waterproof washer disposed between the medicine storage casing and the nebulizing device, and a second waterproof washer disposed between the carrier seat and the nebulizing device, as taught by Connolly, for the purpose of improving sealing of the device to prevent damage to the electronic components.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lieberman (US 2006/0243274) in view of Grehan (US 2020/0156098).
Regarding claim 11, Lieberman discloses wherein: the vertical-type medicine containing and nebulizing assembly is detachably or fixedly disposed on the nebulizer main body (a component can either be detachable are fixed, therefore this limitation is inherent due to the options covering all connections), the nebulizer main body is configured to supply a power to the nebulizing device through the first conductive structure (paragraph [0155] describes connection and powering of nebulizer 118 through electronic connection structures), the nebulizing device is configured for nebulizing a predetermined medicinal liquid contained in the medicine storage space (nebulizer 118 nebulizes and thus nebulizes a predetermined amount of liquid), and the induction module is electrically connected to a microprocessor disposed inside the nebulizer main body through the second conductive structure (see Fig. 22-23 and paragraph [0145]);
wherein, when the predetermined medicinal liquid in the medicine storage space contacts the exposed induction portion, the signal generated by the nebulizing device is transmitted to the microprocessor through the induction module so as to use the microprocessor to obtain a strength of a first signal (obtains a first signal which inherently has a strength, paragraph [0144]-[0145]. Additionally, “so as to use” interpreted as intended use, therefore because the electronic structures of Lieberman are capable of performing this function, this claim limitation is comprehended by Lieberman);
wherein, when the predetermined medicinal liquid in the medicine storage space does not contact the exposed induction portion, the signal generated by the nebulizing device is transmitted to the microprocessor through the induction module so as to use the microprocessor to obtain a strength of a second signal, and the strength of the second signal is less than the strength of the first signal (“so as to use” interpreted as intended use, therefore because the electronic structures of Lieberman are capable of performing this function, this claim limitation is comprehended by Lieberman).
Lieberman does not disclose wherein, when a difference between the strength of the first signal and the strength of the second signal is greater than a predetermined differential value, or when the strength of the second signal is equal to or lower than a strength of a predetermined signal, the nebulizer main body is configured to stop supplying the power to the nebulizing device.
However, Grehan teaches (Fig. 1-2) a nebulizing system wherein, when a difference between the strength of the first signal and the strength of the second signal is greater than a predetermined differential value, or when the strength of the second signal is equal to or lower than a strength of a predetermined signal, the nebulizer main body is configured to stop supplying the power to the nebulizing device (Grehan discloses a wet state and dry state, and discloses shutting off the nebulizer when determined about to go to dry state indicated by detected change in operating frequency, interpreted to comprehend “signal strength”, which determines whether wet or dry state. See paragraphs [0082]-[0085]).
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 system of Lieberman to wherein, when a difference between the strength of the first signal and the strength of the second signal is greater than a predetermined differential value, or when the strength of the second signal is equal to or lower than a strength of a predetermined signal, the nebulizer main body is configured to stop supplying the power to the nebulizing device, as taught by Grehan, for the purpose of reducing risk of damage to the aerosolizer as well as prevent aerosolizer from running when it is determined there is little to no liquid to be aerosolized (paragraph [0007] Grehan).
Regarding claim 12, modified Lieberman discloses a residual volume of liquid, but does not disclose wherein when the predetermined medicinal liquid in the medicine storage space does not contact the exposed induction portion, a residual volume of the predetermined medicinal liquid is equal to or less than 0.4 ml. However, it has been held, outside evidence of criticality, that one of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to try a residual volume equal to or less than 0.4 mL for the purpose of providing a sufficient residual volume to allow for the aerosolizer to be shut off before the entire volume of solution runs out, since discovering the optimum value only involves routine skill in the art. See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Response to Arguments
Applicant’s arguments filed 12/26/2025 have been fully considered.
Regarding rejection of claims 1 and 8, applicant argued (page 11 paragraph 1 Remarks) that Liebermann discloses an ultrasonic atomizer and thus does not discloses the nebulizing device includes a nebulizer mesh plate, and thus Lieberman and the instant application belong to two different fields.
Examiner respectfully disagrees, and points to paragraph [0054] of Liebermann which discloses that “this invention also contemplates that any other aerosol generator present in the art could be used with the unique aspects of the present invention. For instance, the device may also be a traditional planar ultrasonic nebulizer, a vibrating mesh nebulizer, a vibrating plate nebulizer, or an electrospray nebulizer.” Thus, examiner disagrees that Lieberman and the instant application belong to two different fields, as Liebermann explicitly states that vibrating mesh nebulization is an option for the nebulizing device.
Applicant further argued (page 12 paragraph 1 Remarks) that the technical problem sought to be solved by Liebermann is how to improve the transmission efficiency of acoustic energy when transmitting sound waves to the drug solution through a liquid, and that Liebermann and the present application belong to two different fields (ultrasonic atomization vs mesh plate nebulization) which results in obvious differences in structural features and technical problems sough to be solved, meaning Liebermann cannot be used to reject novelty of the claims.
Examiner respectfully disagrees.
Regarding the technical problem sought to be solved by Liebermann is how to improve the transmission efficiency of acoustic energy when transmitting sound waves to the drug solution through a liquid, examiner respectfully disagrees because, as stated above, Liebermann anticipates other forms of nebulizers being used with the invention to provide for nebulization (a traditional planar ultrasonic nebulizer, a vibrating mesh nebulizer, a vibrating plate nebulizer, or an electrospray nebulizer, paragraph [0054] Liebermann), and thus applicant’s argument is not persuasive.
Regarding Liebermann and the present invention being of two different fields, examiner once again points to paragraph [0054] of Liebermann which recites vibrating mesh nebulizer is disclosed as one of the possibilities for nebulization method.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MOON whose telephone number is (571)272-2554. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MOON/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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