Prosecution Insights
Last updated: April 19, 2026
Application No. 18/029,940

DEVICE FOR DISPENSING A FLUID PRODUCT

Non-Final OA §102§103§112
Filed
Apr 03, 2023
Examiner
SUL, DOUGLAS YOUNG
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Aptar France SAS
OA Round
1 (Non-Final)
55%
Grant Probability
Moderate
1-2
OA Rounds
3y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
305 granted / 554 resolved
-14.9% vs TC avg
Strong +56% interview lift
Without
With
+56.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
49 currently pending
Career history
603
Total Applications
across all art units

Statute-Specific Performance

§101
6.5%
-33.5% vs TC avg
§103
47.0%
+7.0% vs TC avg
§102
13.5%
-26.5% vs TC avg
§112
25.8%
-14.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 554 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION This office action is in response to the preliminary amendment filed 4/3/2023. As directed by the amendment, claims 1-4 and 6-13 have been amended and no claims have been cancelled or newly added. Thus, claims 1-13 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 . Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Such claim limitation(s) is/are: “releasable securing means . . . to secure said cover on said body and to hold it in the closed position” in claim 2; and “reservoir identification means, in a manner such that when placing a reservoir in said body, said electronic unit identifies said reservoir and its contents and adapts the metering characteristics and parameters as a function of the type of reservoir” in claim 9. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an electronics unit that controls a metering and dispensing system” in claim 1. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim(s) 1-13 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Claim 1, line 5 recites “the outlet from the valve member”; there is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the claim to recite --the outlet-- as it is the first time the outlet is being recited. Claim 2, line 3 recites “the base of said cover”; there is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the claim to recite --the base-- as it is the first time the base is being recited. Regarding claim 6, lines 2-5 recites, “said metering and/or dispensing characteristics and/or parameters comprise: the volume of the dispensed dose, the dispensing duration, the flow rate of the fluid during dispensing”. It is unclear how the metering and dispensing characteristics relate to the structure of the device and therefore, how it limits the claim (for example, it is unclear whether the device is supposed to operate the device according to the metering and dispensing characteristics, whether the metering and dispensing characteristics are stored in the electronics unit, etc). Line 2 recites “said metering and/or dispensing characteristics and/or parameters” and lines 3-5 recite “the volume of the dispensed dose, the dispensing duration, the flow rate of the fluid during dispensing”; there is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the claim to recite --metering and/or dispensing characteristics and/or parameters-- as it is the first time the limitations are being recited and to disclose how the characteristics relate to the device; or to amend claim 6 to depend from claim 4 so that refers back to the previously recited metering and/or dispensing characteristics and/or parameters recited in claim 4; and it is suggested to amend the claims to recite --a volume of the dispensed dose, a dispensing duration, and/or a flow rate of the fluid during dispensing-- because it is the first time the parameters are being recited. Claims 3-5 and 7-13 are rejected for being either directly or indirectly depending from a rejected claim base. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. 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. Claim(s) 1, 4-5, and 7 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or Rubsamen et al (5,819,726). Regarding claim 1, Rubsamen in fig 1 discloses a device for dispensing a fluid product, comprising a body (body includes a holder (1), aerosol delivery system (14), and walls (12) forming inspiratory flow path) provided with a mouthpiece (12) (walls forming inspiratory flow path form mouthpiece) (col 19, ln 27-49), a product reservoir (3) (pressurized canister) containing fluid product and a propellant gas (4) (formulation containing a respiratory drug and a suitable propellant) being mounted to slide axially in said body (1), a valve comprising a valve member (5) (valve) being assembled on said reservoir (3) in order to dispense said fluid product (4), said valve member (5) being displaceable between a rest position and an actuation position (canister valve can be held down to axially displace the valve to be held down in the open position) (col 19, ln 33-37), the outlet from said valve member (5) being connected to said mouthpiece (11) by a channel (10) (when the solenoid (7) allows release of propellant and drug, the propellant and drug flows through the flow path (8) and then through the solenoid actuated valve (9) into the flow path (10), out through the nozzle (13) and then into the inspiratory flow path (11)) (col 19, ln 41-49), said device further comprising an electronic unit (22) (microprocessor) (col 20, ln 40-41), characterized in that: said valve (5) is a continuous valve in which, in the actuation position of the valve member (5), the reservoir (3) is permanently connected to the outlet from said valve member (valve (5) is a non-metering valve that is held down in the open position when the cap (2) is screwed down so that the valve (5) is continuously open)) (col 19, ln 33-37, 43-45), said body comprises a cover (2) (cap) which can be displaced between an open position and a closed position in which it urges said valve member (5) into its actuation position (valve (5) that is held down in the open position when the cap (2) is screwed down) (col 19, ln 33-37); said device comprises a metering and dispensing system (14) (aerosol delivery system includes solenoid (7)) (col 20, ln 23-28) controlled by said electronic unit (22) (solenoid (7) is controlled by microprocessor (22)) (col 20, ln 40-50), said metering and dispensing system (14) comprising a shutter member (9) (solenoid actuated valve) which can be displaced between a closed position in which it closes said channel (8, 10) and an open position in which it opens said channel (8, 10), said shutter member (9) being at rest in the closed position and, when the device is actuated, being displaced into its open position for a predetermined time in order to dispense a dose of fluid product (when the solenoid (7) allows release of propellant and drug, the propellant and drug flows through the flow path (8) and then through the solenoid actuated valve (9) into the flow path (10), out through the nozzle (13) and then into the inspiratory flow path (11) (col 19, ln 38-51). Regarding claim 4, Rubsamen discloses said electronic unit (22) stores metering and/or dispensing characteristics and/or parameters on the basis of which said metering and dispensing system (14) is controlled (microprocessor is programmed to allow for recording data to characterize the patient’s inspiratory flow profile, which is stored and used to allow activation of the valve when the inhalation cycle is repeated during the dosing event) (col 21, ln 47-30). Regarding claim 5, Rubsamen discloses said metering and/or dispensing characteristics and/or parameters can be modified (particle sizes can be modified in order to treat particular areas of the lung) (col 12, ln 25-66). Regarding claim 7, Rubsamen discloses the shutter member (9) is controlled by a motor or a solenoid valve (7) controlled by said electronic unit (22) (microprocessor (220 sends signals to solenoid (7) which determines the amount of drug delivered into the inspiratory flow path (col 20, ln 7-9), and solenoid (7) controls solenoid activated valve (9) (col 19, ln 45-50). 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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubsamen et al as applied to claim 1 above, and further in view of Engelbreth (2014/0318534). Regarding claim 2, Rubsamen discloses said cover (2) is mounted to pivot on said body (1) about a pivot axis between its open and closed positions in order to axially displace said valve member (5) into the actuation position (cap (2) is screwed down to the holder (1) of the body to hold the valve down in the open position, and therefore is configured to pivot along a pivot axis along a longitudinal direction of the holder) (col 19, ln 33-37). Rubsamen does not disclose an axial projection being provided in the base of said cover, said axial projection cooperating in the closed position of said cover with a base of said reservoir in order to axially displace said valve member into the actuation position. However, Engelbreth teaches an inhaler device including a body (106) (housing) a canister (114) retained in the body (106), and a cover (102) (MDI applicator) (para [0036]), wherein the cover (102) includes an axial projection (134) (post) being provided in a base of said cover (102), said axial projection (134) cooperating in the closed position of said cover (102) with a base of the canister (114) in order to axially displace a valve member (136) (stem) of the canister (114) into an actuation position (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 device of Rubsamen by providing an axial projection being provided in the base of said cover, said axial projection cooperating in the closed position of said cover with a base of said reservoir in order to axially displace said valve member into the actuation position, as the use of an axial projection to transfer force from a cover to a base of the canister to actuate a valve in the canister is known in the art, and it appears that the cover of Rubsamen would perform equally well to transfer force from the cap to a canister if the cap has an axial projection. See MPEP 2143(I)(A). Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubsamen et al and Engelbreth, or in the alternative, is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubsamen et al and Engelbreth as applied to claim 2 above, and further in view of Goodman et al (5,404,871). Regarding claim 3, modified Rubsamen discloses the cover (2) is screwed down to the holder (1) of the body to secure the cover (2) on the body (1) and to hold the cover (2) in the closed position (Rubsamen, col 19, ln 28-37). Because the cap (2) is capable of being capable of being screwed down, the cap (2) and holder (1) are considered to include a releasable securing means, such a threads that would allow the cap (2) to be screwed down to hold the valve (5) of the canister (4) in the open position. In the alternative, although modified Rubsamen does not explicitly disclose that the cap has a releasable securing means, Goodman in fig 2 teaches an inhaler device including a body (3100) (base) a canister (3200) retained in the body (3100), and a means (3125) for retaining canister (3200) in receptacle (3120) of body (3100), wherein the means includes a cap with a releasable securing means (cap can include threads to allow the cap to screw into an open end of the body (3100), or can include alternate structures for the releasable securing means such as a locking hinged lid or a conventional bayonet mounted connection) (col 19, ln 14-38). 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 Rubsamen by providing the cap and body with a releasable securing means comprising a threaded connection or a locking hinged lid in order to secure said cover on said body and to hold it in the closed position, as the use of a releasable securing means such as a threaded connection or a locking hinged lid to secure a canister to a body of a device to hold the valve of the canister in the open position is known in the art, and it appears that the device of modified Rubsamen would perform equally well if a threaded connection or locking hinged lid were used to secure a cap to an inhaler body to hold a canister valve in an open position. See MPEP 2143(I)(A). Claim(s) 6, 9-10, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubsamen et al as applied to claim 1 above, and further in view of Goodman et al. Regarding claim 6, Rubsamen discloses an electronics unit. Rubsamen does not disclose metering and/or dispensing characteristics and/or parameters comprise: the volume of the dispensed dose, the dispensing duration, the flow rate of the fluid during dispensing. However, Goodman in figs 1-2 teaches a respiratory device including a body including a base (3100) and a reservoir (3200) (canister) configured to be placed in the base (3100) and an electronic unit (3400) (control circuits) (col 19, ln 14-31), wherein the electronics unit (3400) is configured to adjust metering and/or dispensing characteristics and/or parameters comprising the volume of the dispensed dose (device is configured to determine a first pulmonary function in response to the detected first breath flow; determine a second pulmonary function in response to the detected second breath flow; and adjust the amount (volume) of aerosol to be delivered in response to the identified changes in pulmonary function) (col 15, ln 41-52) 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 Rubsamen by configuring the electronics to adjust metering and/or dispensing characteristics and/or parameters comprising the volume of the dispensed dose as taught by Goodman in order to allow the device to adjust the controlled amount of medication in response to changes in pulmonary function over time (Goodman, col 15, ln 41-44). Regarding claim 9, Rubsamen discloses an electronic unit. Rubsamen does not disclose said electronic unit comprises a reservoir identification means, in a manner such that when placing a reservoir in said body, said electronic unit identifies said reservoir and its contents and adapts the metering characteristics and parameters as a function of the type of reservoir. However, Goodman in figs 1-2 teaches a respiratory device including a body including a base (3100) and a reservoir (3200) (canister) configured to be placed in the base (3100) and an electronic unit (3400) (control circuits) (col 19, ln 14-31), wherein the electronics unit (3400) includes reservoir identification means (means for reading a canister code, not shown), in a manner such that when placing a reservoir (3200) in said base (3100), said electronic unit (3400) identifies said reservoir (3200) and its contents and adapts the metering characteristics and parameters as a function of the type of reservoir (electronics (3400) may include means for reading a canister code for identifying the contents of the medication to be administered and selecting the device administration protocol for the identified medication) (col 31, ln 49-col 33, ln 15). 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 Rubsamen by providing the electronics unit with a reservoir identification means such as a device for reading a code associated with a reservoir, in a manner such that when placing a reservoir in said body, said electronic unit identifies said reservoir and its contents and adapts the metering characteristics and parameters as a function of the type of reservoir as taught by Goodman in order to allow the electronics unit to provide information concerning dosage amounts and times to select an aerosol having a desired particle size distribution for favorable deposition into desired locations in the patient's pulmonary system to ensure that the medication is delivered in accordance with its intended delivery characteristics and protocols (Goodman, col 33, ln 20-28). Regarding claim 10, Rubsamen discloses an electronics unit. Rubsamen does not disclose the electronics unit includes a screen. However, Goodman teaches a respiratory device including a body including a base (3100) and a reservoir (3200) (canister) configured to be placed in the base (3100) and an electronic unit (3400) (control circuits) (col 19, ln 14-31), wherein the electronics device (3400) includes a screen (2800) (display module) that can be configured to instruct the patient how to use the device (col 27, ln 20-28) and to display the amount of medication dispensed or given effectively (col 27, ln 37-44). 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 Rubsamen by providing the electronics unit with a screen as taught by Rubsamen in order to allow the electronics device to provide instructions to the patient as to how to use the device (Goodman, col 27, ln 20-28) and to display the amount of medication dispensed or dosed correctly (Goodman, col 27, ln 37-44). Regarding claim 13, Rubsamen discloses an electronics unit. Rubsamen does not disclose said electronic unit comprises a dose counter for indicating to the user the number of doses which have been dispensed or which remain to be dispensed in the reservoir. However, Goodman teaches a respiratory device including a body including a base (3100) and a reservoir (3200) (canister) configured to be placed in the base (3100) and an electronic unit (3400) (control circuits) (col 19, ln 14-31), wherein the electronics device (3400) includes a dose counter for indicating to the user the number of doses which have been dispensed or which remain to be dispensed in the reservoir (as shown in figs 13a-d, electronics unit can run breach processing functions (col 29, ln 7-14), which includes routines (840) which decrement shot counter which a numeric character display for the user indicating the number of doses of drug remaining (col 29, ln 42-49). 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 Rubsamen by providing a dose counter or indicating to the user the number of doses which have been dispensed or which remain to be dispensed in the reservoir as taught by Goodman in order to provide an indicator to a user as to how many doses of drug are remaining (Goodman, col 29, ln 42-49). Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubsamen et al as applied to claim 1 above, and further in view of Baran (6,729,334). Regarding claim 8, Rubsamen discloses a shutter member. Modified Rubsamen does not disclose the shutter member is a piston. However, Baran in figs 54-55 teaches a respiratory device to deliver a medication to a lung of a patient including a channel (876) including an inlet (880) to connect to a source of liquid medicine and an outlet (884) to deliver the liquid medicine to be nebulized to a patient, and a shutter member (888) (actuator piston of a solenoid pinch valve (892)), wherein the shutter member (888) is a piston (actuator piston) operable to open and close the channel (876) (col 34, ln 37-58). 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 Rubsamen by configuring the solenoid valve to be a solenoid pinch valve with a shutter member comprising a piston as taught by Baran, as the use of a shutter member comprising a piston in a solenoid pinch valve to control the flow of a medicine in a channel to deliver to a patient is known in the art, and it appears that the device of modified Rubsamen would perform equally to control the delivery of a medicine to a patient if the solenoid valve is a solenoid pinch valve including a shutter member comprising a piston. See MPEP 2143(I)(A). Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubsamen et al as applied to claim 1 above, and further in view of Wilson et al (2020/0147325). Regarding claim 11, Rubsamen discloses an electronics unit. Rubsamen does not disclose said electronic unit comprises an accelerometer for verifying that the user has in fact shaken the device before use. However, Wilson teaches a respiratory device including a body (211) (main body), a reservoir (202) configured to be placed in the body (211) (para [0046]), and an electronics unit (230) (electronics module), wherein the electronic unit (230) comprises an accelerometer for verifying that the user has in fact shaken the device before use (para [0069]). 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 Rubsamen by providing the electronics unit with an accelerometer for verifying that the user has in fact shaken the device before use as taught by Wilson in order to ensure that the solution of medication in the reservoir is sufficiently shaken to uniformly mix an active component with a carrier component to be effective (Wilson, para [0069]). Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubsamen et al as applied to claim 1 above, and further in view of Keppner et al (2020/0155775). Regarding claim 12, Rubsamen discloses an electronics sensor. Rubsamen does not disclose said electronic unit comprises a position sensor for verifying the position of the device at the time of use. However, Keppner teaches a fluid product dispensing device including a body (10) a reservoir (20) (para [0050]), and an electronics unit (electronic modules with various sensors) (para [0055]), wherein the electronics unit includes a position sensor (400) (orientation sensor) for verifying the position of the device at the time of use (orientation sensor (400) detects the orientation of the device while it is being actuated. to make it possible in particular to detect whether the device is properly orientated) (para [0060]). 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 Rubsamen by providing the electronics unit with a position sensor for verifying the position of the device at the time of use as taught by Keppner in order to detect whether the device is properly oriented (Keppner, para [0060]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Starr et al (2017/0257436), Spandorfer et al (2015/0040899), and Sjoholm (6,598,602) disclose respiratory drug delivery devices including a metering and dispensing system controlled by an electronics unit. 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justine Yu can be reached on 571-272-48354835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DOUGLAS Y SUL/Examiner, Art Unit 3785
Read full office action

Prosecution Timeline

Apr 03, 2023
Application Filed
Nov 14, 2025
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
55%
Grant Probability
99%
With Interview (+56.4%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 554 resolved cases by this examiner. Grant probability derived from career allow rate.

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