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 .
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.
Claims 16-30 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 16, the limitation "first and second conductive regions" in lines 10-11 renders the claim indefinite because it is unclear whether the limitations are referring to the first and second conductive regions on the piezoelectric element as set forth in line 6 of claim 1, or if they are referring to additional conductive regions on the corresponding flexible connector.
For examination purposes, the "first and second conductive regions" in lines 10-11 are interpreted to mean additional conductive regions on the corresponding electrical connector.
Claims 17-30 are rejected based on their dependence to claim 16, or in the case of claims 28-29, based on their reference to claims 16 and 26.
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 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.
Claims 16-17, 21-22, and 26-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (US 20190329281 A1).
Regarding claim 16, Lin discloses an aerosol generator for a nebulizer (Aerosol generating device as set forth in [0005]; medicinal liquid is atomized to become atomized liquid by the atomizing module 100, so that a user can inhale the atomized liquid from the aerosol chamber 202 as set forth in [0049]), comprising: a vibratable membrane (FIG. 6-8 Microporous member 2 as set forth in [0052]), a support member (FIG. 6-8 Inner gasket 9 as set forth in [0052]), an annular piezoelectric element (FIG. 6-8 Vibration plate 1 as set forth in [0052]) having a first surface (FIG. 7-8 Annular inner segment 12 and annular middle segment 13 as set forth in [0054], as defined in the annotated figure 8 below, labeled ‘A’), a second surface (FIG. 7-8 Annular outer segment 14 as set forth in [0054], as defined in the annotated figure 8 below, labeled ‘B’), an inner edge (FIG. 7-8 The inside edge of vibration plate 1, defining first hole 11) and an outer edge (FIG. 7-8 The outside edge of outer segment 14), first and second conductive regions on the first and second surfaces respectively (FIG. 8-9 electrical contacts 15a and 15b, respectively, wherein 15b can preferably be arranged on the middle segment 13 and 15a can be arranged on the outer segment 14 as set forth in [0055]-[0056]), wherein the second conductive region extends across at least part of the outer edge onto the first surface of the piezoelectric element (FIG. 9 The structure of each of the two electrical contacts 15a, 15b can be adjusted according to design requirements, in FIG. 9 electrical contact 15a extends from the bottom electrode to the top surface of the periphery portion of the vibration plate 1 through a lateral side of the vibration plate 1 as set forth in [0056]) to form a contact region (FIG. 9 Solders 4 as set forth in [0061]) , and a flexible connector (FIG. 7-8 The circuit board 3 comprising the two externally connecting arms 33 that can swing slightly and elastically as set forth in [0068]) having a surface which is an electrical insulator (It would be readily understood by one of ordinary sill in the art that the portion of the circuit board that aren’t the portion of the arms 33 containing the conductive circuits 32, or the conductive portions 31, would be considered an electrical insulator seeing as the circuit board is able to direct the power from the electrical component 7 as set forth in [0071] through the electrode regions of the conductive portions 31, through the conductive circuits 32, to the solders 4 of the electrical contacts 15a,15b as set forth in [0069], with no disclosed interference from the other non-conductive portions of circuit board 3) with first and second conductive regions which correspond to the first conductive region and to the contact region on the piezoelectric element respectively (FIG. 9 The electrode region 311b that contacts solder 4 on electrical contact 15b though the conductive conduit 32 being the first conductive region, and The electrode region 311b that contacts solder 4 on electrical contact 15a though the conductive conduit 32 being the second conductive region, as set forth in [0069]), and two 'S' shaped legs (FIG. 7-8 The two externally connecting arms 33 that can swing slightly and elastically as set forth in [0068]; The limitation “S-shaped” is being interpreted under its broadest reasonable interpretation and is being taken to mean having two bends, curves or corners which are in opposite senses as stated on page 2 lines 17-18 of the specification; The S-shape denoted in the annotated figure below) for making electrical connection to a controller that provides a driving current to the piezoelectric element (FIG. 3, 8, and 11 Electronic Component 7 and electrode regions 311a and 311c, in which the plug 200 is abutted as set forth in [0088], the plug 2000 is electrically coupled to an external electricity source to drive the aerosol generator 1000 as set forth [0045]; The limitation “controller” is being interpreted under its broadest reasonable interpretation and is being taken to be as stated in the claim, the element providing a driving current to the piezoelectric element).
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Regarding claim 17, Lin discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Lin further discloses, wherein the second conductive region extends across part of the outer edge (As shown in FIG. 9; Electrical Contact 15a as set forth [0056]).
Regarding claim 21, Lin discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Lin further discloses, wherein the first and second conductive regions cover most of the first and the second surfaces respectively (FIG. 8-9 The first conductive region would 15b which can preferably be arranged on the middle segment 13 would cover most of the area the first surface, the annular inner segment 12 and annular middle segment 13 as defined in the annotated figure 8, labeled ‘A’; The Second conductive region would 15b arranged on the outer segment 14 would cover most of the area the second surface, the annular outer segment 14 as defined in the annotated figure 8, labeled ‘B’).
Regarding claim 22, Lin discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Lin further discloses, wherein the legs lie in the plane of the flexible connector (FIG. 7-8 Show that the circuit board 3 is in the same plane as the two externally connecting arms 33 that can swing slightly and elastically as set forth in [0068]).
Regarding claim 26, Lin discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Lin further discloses, wherein the support member (FIG. 8 and 10 Inner gasket 9 as set forth in [0052]) comprises a hollow tubular body having a flange (FIG. 8 and 10 The inner gasket 9 is an annular structure with a hole defined by an inner edge thereof, with a flange main annular body 91 as set forth in [0083]) at or close to a first end onto which the piezoelectric element is attached (FIG. 8 and 10 Inner gasket 9 sandwiched between the vibration plate 1 and the container 200 as set forth in [0052]; The first end shown in the annotated figure below), and a second end into or onto which the membrane is mounted (FIG. 10 Microporous member 2 as set forth in [0052] contacting the inner gasket 9 as shown in FIG. 10; The second end shown in the annotated figure below).
Regarding claim 27, Lin discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Lin further discloses, wherein the support member comprises an essentially planar annulus (The Main annular body portion of the inner gasket 9 is an planar annulus as shown in FIG. 10), and wherein the membrane is in contact with the piezoelectric element, or the membrane and the piezoelectric element are mounted on the support member (As shown in FIG. 10 and set forth in [0083]-[0084]).
Regarding claim 28, Lin discloses an inhalation device comprising the aerosol generator (Aerosol generating device as set forth in [0005]; medicinal liquid is atomized to become atomized liquid by the atomizing module 100, so that a user can inhale the atomized liquid from the aerosol chamber 202 as set forth in [0049]) according to claim 16 (As shown in the rejection for claim 16 above).
Regarding claim 29, Lin discloses an inhalation device comprising the aerosol generator (Aerosol generating device as set forth in [0005]; medicinal liquid is atomized to become atomized liquid by the atomizing module 100, so that a user can inhale the atomized liquid from the aerosol chamber 202 as set forth in [0049]) according to claim 26 (As shown in the rejection for claim 26, including the rejection for independent clam 16 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.
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, 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.
Claims 18-20 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 20190329281 A1).
Regarding claim 18, Lin discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Lin fails to explicitly disclose, wherein the second conductive region extends across part of the inner edge.
However, Lin does disclose that in addition to the shown embodiments, the structure of each of the two conductive regions (FIG. 7 Electrical contacts 15a, 15b) can be adjusted according to design requirements (As set forth in [0056]).
Therefore, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make the second conductive region extend across part of the inner edge in the device of Lin, because Applicant has not disclosed that the specific structure of the conductive region provides an advantage, is used for a particular purpose, or solves a stated problem. Specifically, the specification states on page 8 lines 10-14 that multiple contact configurations work well and that the preferred embodiment isn’t necessarily one where the conductive region extends across the inner edge. One of ordinary skill in the art, furthermore, would have expected the structure of the second conductive region of Lin, and Applicant' s second conductive region, to perform equally well because both mechanisms perform the same function of providing an electrical connection between elements within a device.
Therefore, it would have been prima facie obvious to modify Lin to obtain the invention as specified in claim 18, because such a modification is considered to be well within the skill level of the ordinary artisan in order to provide electrical connection between elements within a device.
Regarding claim 19, Lin discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Lin fails to explicitly disclose, wherein the second conductive region extends across the whole of the outer edge.
However, Lin does disclose that in addition to the shown embodiments, the structure of each of the two conductive regions (FIG. 7 Electrical contacts 15a, 15b) can be adjusted according to design requirements (As set forth in [0056]).
Therefore, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make the second conductive region extend across the whole of the outer edge in the device of Lin, because Applicant has not disclosed that the specific structure of the conductive region provides an advantage, is used for a particular purpose, or solves a stated problem. Specifically, the specification states on page 8 lines 10-14 that multiple contact configurations work well and that the preferred embodiment isn’t necessarily one where the conductive region extends across the whole of the outer edge. One of ordinary skill in the art, furthermore, would have expected the structure of the second conductive region of Lin, and Applicant' s second conductive region, to perform equally well because both mechanisms perform the same function of providing an electrical connection between elements within a device.
Therefore, it would have been prima facie obvious to modify Lin to obtain the invention as specified in claim 19, because such a modification is considered to be well within the skill level of the ordinary artisan in order to provide electrical connection between elements within a device.
Regarding claim 20, Lin discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Lin fails to explicitly disclose, wherein the second conductive region extends across the whole of the inner edge.
However, Lin does disclose that in addition to the shown embodiments, the structure of each of the two conductive regions (FIG. 7 Electrical contacts 15a, 15b) can be adjusted according to design requirements (As set forth in [0056]).
Therefore, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make the second conductive region extend across the whole of the inner edge in the device of Lin, because Applicant has not disclosed that the specific structure of the conductive region provides an advantage, is used for a particular purpose, or solves a stated problem. Specifically, the specification states on page 8 lines 10-14 that multiple contact configurations work well and that the preferred embodiment isn’t necessarily one where the conductive region extends across the whole of the inner edge. One of ordinary skill in the art, furthermore, would have expected the structure of the second conductive region of Lin, and Applicant' s second conductive region, to perform equally well because both mechanisms perform the same function of providing an electrical connection between elements within a device.
Therefore, it would have been prima facie obvious to modify Lin to obtain the invention as specified in claim 20, because such a modification is considered to be well within the skill level of the ordinary artisan in order to provide electrical connection between elements within a device.
Regarding claim 23, Lin discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Lin fails to explicitly disclose, wherein the legs are arranged out of the plane of the flexible connector.
However, Lin does teach wherein the legs (FIG. 6-8 Two externally connecting arms 33) can swing slightly and elastically (As set forth in [0068]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention that the elastic characteristics of the legs would allow them to bend slightly out of the plane of the flexible connector. The flexible nature of the legs accounting for the vibration of the piezoelectric element.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 20190329281 A1) as applied to claim 16, in view of Lönnberg (US 20200306797 A1).
Regarding claim 23, Lin discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Lin fails to explicitly disclose, wherein the legs are arranged out of the plane of the flexible connector.
However, Lönnberg teaches, wherein the legs are arranged out of the plane of the flexible connector (Lönnberg: The conductive base plate 6 comprising the attached piezoelectric element 8 may be appropriately positioned via the spring contact feet 95 as set forth in [0080]).
Lin and Lönnberg are both considered to be analogous to the claimed invention because they are in the same field of devices comprising a piezoelectric element. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lin to incorporate the teaching of Lönnberg and include, wherein the legs are arranged out of the plane of the flexible connector (Lönnberg: The conductive base plate 6 comprising the attached piezoelectric element 8 may be appropriately positioned via the spring contact feet 95 as set forth in [0080]). Doing so would enable the configuration of the legs to allow for appropriate positioning of elements within the device (Lönnberg: As set forth in [0080]).
Claims 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 20190329281 A1) as applied to claim 16, in view of Jordan (US 20150272906 A1).
Regarding claim 24, Lin discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Lin further discloses, wherein the piezoelectric element is connected to the flexible connector by solders ( FIG. 8 The solders 4 are fixed to the electrical contacts 15a, 15b of the vibration plate 1 and the circuit board 3 so as to establish an electrical connection between the electrical contacts 15a, 15b and the circuit board 3 as set forth in [0064]), and further teaches wherein the present disclosure is not limited thereto (As set forth in [0064]).
Lin fails to explicitly disclose wherein, the piezoelectric element is connected to the flexible connector by a layer of anisotropic conductive adhesive transfer tape.
However, Jordan teaches wherein elements are connected by a layer of anisotropic conductive adhesive transfer tape (Jordan: The anisotropic conductive tape can comprise a first piece coupled to the first terminal and the first conductance layer as set forth in [0010]; The conductance layer being a printed silver layer as set forth in [0096]).
Lin and Jordan are both considered to be analogous to the claimed invention because they are in the same field of electrical connections between components within medical devices. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrical connection of Lin to incorporate the teaching of Jordan and include wherein elements are connected by a layer of anisotropic conductive adhesive transfer tape (Jordan: The anisotropic conductive tape can comprise a first piece coupled to the first terminal and the first conductance layer In certain approaches, the conductive tape spans the separation channel as set forth in [0010]; The conductance layer being a printed silver layer as set forth in [0096]). Doing so would provide a known method of electrically coupling electrical components within a device.
Regarding claim 25, Lin discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Lin is silent as to the material configuration of the conductive regions and fails to explicitly disclose, wherein the conductive regions on the piezoelectric element are stenciled silver layers. Lin does however further disclose, wherein the structure of each of the conductive regions (Electrical contacts 15a, 15b) can be adjusted according to design requirements.
However, Jordan teaches wherein the conductive regions of the device are stenciled silver layers (Jordan: The conductance layers being printed silver layers as set forth in [0096] for contact with the anisotropic conductive tape, which couples the first terminal and the first conductance layer as set forth in [0010]).
Lin and Jordan are both considered to be analogous to the claimed invention because they are in the same field of conductive surfaces for electrical connection between components within medical devices. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the composition of the conductive regions of the piezoelectric element of Lin to incorporate the teaching of Jordan and include wherein the conductive regions of the device are stenciled silver layers (Jordan: The conductance layers being printed silver layers as set forth in [0096] for contact with the anisotropic conductive tape, which couples the first terminal and the first conductance layer as set forth in [0010]). Doing so would provide a known conductive material and structure for enabling the electric coupling between components within a device.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 20190329281 A1) as applied to claim 29, in view of Tan (US 20160213866 A1).
Regarding claim 30, Lin discloses the claimed invention substantially as claimed as set forth for claim 29 above.
Lin further discloses the inhalation device comprising an aerosol head comprising the aerosol generator (FIG. 5 Cover 200b of container 200 where the carrier 6 of the atomizing module 100 is sandwiched as set forth in [0081]); a base unit (FIG. 4 Liquid chamber 201 as set forth in [0047]) having one air inlet opening (FIG. 4 The liquid chamber 201 is configured to receive medicinal liquid, it would be readily understood by one of ordinary skill in the art that the part of the chamber not filled with medicine would fill with air while being filled with medicine, meaning the cap like structure shown in FIG. 4 covering an opening into the liquid chamber is covering what is being considered as the air inlet opening), an air outlet opening (The end of aerosol chamber 202; the medicinal liquid is atomized to become atomized liquid by the atomizing module 100, so that a user can inhale the atomized liquid from the aerosol chamber 202 as set forth in [0049]; it would be readily understood by one of ordinary skill in the art that the atomized liquid inhaled by the user at the aerosol chamber would indicate the inhalation of air along with the atomized liquid), a lateral opening for receiving the aerosol generator (FIG. 5 Cup 200a; The atomizing module 100 is sandwiched between the cup 200a and the cover 200b as set forth in [0047]), an aerosol outlet opening (FIG 8 The hole of the bottom gasket 8 defined by an inner edge thereof as set forth in [0079]); wherein the base unit and the aerosol head are detachably connectible with each other (FIG. 4-5 Liquid chamber 201 connected to cup 200a, wherein 200b can be screwed in, indicating to one of ordinary skill in the art that it is detachably connected).
Lin fails to explicitly describe a groove; and a mouthpiece component which is insertable into the groove and which has an air inlet opening that is attachable to the air outlet opening of the base unit, a lateral opening for receiving the aerosol generator, and an aerosol outlet opening; wherein the mouthpiece component and the rest of the device are detachably connectible with each other.
However, Tan teaches a groove (Tan: FIG. 3 Portion of the housing 12 receiving the mouthpiece 14 as set forth in [0072]); and a mouthpiece component (Tan: FIG. 3 Mouthpiece 14) which is insertable into the groove (Tan: As set forth in [0072]) and which has an inlet opening (Tan: The bottom portion of mouthpiece 14 that connects to the housing) that is attachable to the outlet opening of the base unit (Tan: The portion of housing 12 of the nebulizer 10 that receives mouthpiece 14); wherein the mouthpiece component is detachably connected (Tan: Mouthpiece 14 is removable as set forth in [0072]).
Lin and Tan are both considered to be analogous to the claimed invention because they are in the same field of atomization devices for the purpose of inhalation. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the inhalation portion of Lin to incorporate the teaching of Jordan and include wherein the device comprises a groove (Tan: FIG. 3 Portion of the housing 12 receiving the mouthpiece 14 as set forth in [0072]); and a mouthpiece component (Tan: FIG. 3 Mouthpiece 14) which is insertable into the groove (Tan: As set forth in [0072]) and which has an inlet opening (Tan: The bottom portion of mouthpiece 14 that connects to the housing) that is attachable to the outlet opening of the base unit (Tan: The portion of housing 12 of the nebulizer 10 that receives mouthpiece 14); wherein the mouthpiece component is detachably connected (Tan: Mouthpiece 14 is removable as set forth in [0072]). Doing so would allow for the device to better direct the vapor generated for inhalation by the user (Tan: As set forth in [0072]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEIRA EILEEN CALLISON whose telephone number is (571)272-0745. The examiner can normally be reached Monday-Friday 7:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEIRA EILEEN CALLISON/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785