Prosecution Insights
Last updated: April 19, 2026
Application No. 18/282,781

INHALATION DEVICE

Non-Final OA §102§103§112
Filed
Sep 18, 2023
Examiner
DALE, ABIGAYLE ANN
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Cf Pharmtech Inc.
OA Round
1 (Non-Final)
30%
Grant Probability
At Risk
1-2
OA Rounds
3y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants only 30% of cases
30%
Career Allow Rate
3 granted / 10 resolved
-40.0% vs TC avg
Strong +78% interview lift
Without
With
+77.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
42 currently pending
Career history
52
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
47.9%
+7.9% vs TC avg
§102
16.2%
-23.8% vs TC avg
§112
30.5%
-9.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 10 resolved cases

Office Action

§102 §103 §112
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 Preliminary Amendment This office action is in response to the preliminary amendment filed on 09/18/2023 . Per the amendment , claims 3, 11, 28, 33, and 36 are as currently amended; claims 4-6, 8-9, 15, 18-22, 25, 29-30, 34-35, and 37-38 are cancelled; and claims 1-2, 7, 10, 12-14, 16-17, 23-24, 26-27, and 31-32 are as previously presented. As such, claims 1-3, 7, 10-14, 16-17, 23-24, 26-28, 31-33, and 36 are pending in the instant application. Information Disclosure Statement The information disclosure statement filed on 09/18/2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “41” has been used to designate both the deck (see Fig. 1a) and the first snap-fit portion (see Fig. 6). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification The abstract of the disclosure is objected to because the abstract includes legal phraseology. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided . 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 appl icant regards as his invention. Claim s 14 and 36 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. Claim 14 recites the limitation “ the capsule chamber comprises a main compartment having a diameter greater than a transverse cross-sectional diameter of the capsule and smaller than a longitudinal cross-sectional diameter of the capsule ” in lines 2-4. It is unclear if the diameter of the main compartment or the transverse cross-sectional diameter of the capsule is smaller than the longitudinal cross-sectional diameter of the capsule. For the purpose of examination, the above limitation of claim 14 will be interpreted as – the capsule chamber comprises a main compartment having a diameter greater than a transverse cross-sectional diameter of the capsule , and the diameter of the main compartment is smaller than a longitudinal cross-sectional diameter of the capsule . Claim 36 recites the limitation “ wherein the first guide portion is provided at a distal end thereof with a third stop portion ” in lines 6-7. It is unclear if the first guide portion is located at a distal end, and if the first guide portion is located at a distal end, it is unclear what the distal end is relative to. Additionally, it is unclear if the third stop portion is provided at a distal end of the first guide portion, or if the third stop portion is provided at a different location. For the purpose of examination, the above limitation of claim 36 will be interpreted as – wherein a third stop portion is provided at a distal end of the first guide portion. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-2, 7, 10-14, 16-17, 23-24, and 36 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huang et al. (US 20180344956 A1), hereinafter, Huang. Regarding claim 1, Huang discloses an inhalation device (Figs. 1 and 5) , comprising: a mouthpiece (2; Fig. 1) , which comprises a mouthpiece body (body of 2) and an inhalation channel (10; Fig. 1) formed in the mouthpiece body (10 formed within body of 2, see Fig. 1) , wherein the bottom of the inhalation channel is of a tubular structure ([0029], lines 8-10) ; a filter member (11; Figs. 1 and 2) , which comprises a sleeving portion sleeved on a bottom end of the inhalation channel and a mesh portion integrally formed with the sleeving portion (Figs. 1, 2, and 8; [0029], lines 10-12) to avoid that capsule fragments generated after a capsule is pierced enter the inhalation channel (last sentence of [0033]) ; a capsule chamber (3 and 4; Fig. 1) , which is located below the mouthpiece (see Fig. 1) and comprises a deck (3; Fig. 1) and a compartment integrally formed on a lower side of the deck (4, see Fig. 1) and configured to hold a capsule in a use state (capsule is place in 4, see [0033]) , wherein the deck is provided with a capsule insertion port which is in communication with the compartment (opening in 3 to allow insertion of capsule into 4, see Fig. 1) and is correspondingly engaged with the mesh portion ([0029], lines 12-14) ; a piercing assembly (7; Fig. 1) , which is arranged on one side of the capsule chamber (see Fig. 1) and comprises a button member (17; Figs. 3 and 4) and piercing needles (19; Fig. 4) which are movably arranged on one side of the capsule chamber ([0031], lines 14-17) , wherein the button member, when stressed in a use state, moves relative to the capsule chamber to drive the piercing needles to pierce the capsule in the capsule chamber (see [0031]) ; a base (5; Fig. 1) , which comprises a base body for accommodating the compartment and part of the piercing assembly (see Figs. 1 and 5) ; and a cap body (1; Fig. 1) , which covers the mouthpiece when in a state of being snap-fitted on the base (see Fig. 5; [0035]) ; wherein in a state in which the capsule is in the capsule chamber and the capsule is pierced, when a negative pressure is generated in the inhalation channel, pharmaceutical powder in the capsule enters the inhalation channel via the mesh portion through the capsule insertion port ([0033], lines 7-16, where it would be well-understood by one of ordinary skill in the art that the action of the user inhaling with the mouthpiece inserted and tightly covered by the user’s mouth would create a negative pressure within the inhalable passage 10) . Regarding claim 2, Huang discloses the invention as set forth in claim 1, wherein the cap body (1) , the mouthpiece (2) , the capsule chamber (3 and 4) and the base (5) are coaxially hinged on distal sides thereof by means of hinge portions (6, see Fig. 1) . Regarding claim 7, Huang discloses the invention as set forth in claim 1, wherein the mouthpiece (2) comprises second snap-fit portions (12, where 2 does include 12, see [0033]; Fig. 2) located on a proximal side of the mouthpiece (12 is located proximal to the to the opening of 10, see Fig. 2) , and the deck (3) comprises third snap-fit portions (13; Fig. 3) located on a proximal side of the deck (13 is located proximal to the opening in 3 fluidly connected to 4, see Figs. 1 and 3) , the second snap-fit portions and the third snap-fit portions being snap-fitted at proximal ends thereof (Figs. 1-3; [0033], lines 5-7) . Regarding claim 10, Huang discloses the invention as set forth in claim 1, wherein the bottom end of the inhalation channel extends out of the mouthpiece body (see Fig. 1, where 11 is embedded within 10, hence 10 extends out of the body of 2) , so that when the mouthpiece is snap-fitted on the deck, the filter member sleeved on the inhalation channel presses the capsule insertion port, so as to form a closed channel of airflow ([0029], lines 10-14) . Regarding claim 11, Huang discloses the invention as set forth in claim 1, wherein contact surfaces of the filter member (see Annotated Fig. 2 below) and the capsule chamber (see Annotated Fig. 3 below) are provided with matching end surfaces so that the filter member closely fits the capsule chamber when the mouthpiece is snap-fitted on the capsule chamber ([0029], lines 10-14; see Annotated Fig. 1) . Annotated Fig. 2 Annotated Fig. 3 Annotated Fig. 1 Regarding claim 12, Huang discloses the invention as set forth in claim 1, wherein the deck (3) comprises side wings (see Annotated Fig. 3 below) provided with fourth snap-fit portions (14; Fig. 3) , which are configured to be snap-fitted on fifth snap-fit portions on an edge of an upper side of the base (“The deck 3, which is roughly elliptical, has a pair of buckles 14 to ensure a tight connection between the deck 3 and the base 5”, see [0029], hence it is inherent that an edge of an upper side of base 5 has connection portions to match connect with buckles 14). Annotated Fig. 3 Regarding claim 13, Huang discloses the invention as set forth in claim 1, wherein the deck (3) is provided with a first air inlet (15; Fig. 3; [0029], lines 19-20) , which is configured to facilitate the entry of outside air into an inner space of the base via the first air inlet when a negative pressure is generated in the inhalation channel ([0033], lines 10-11, where it would be well-understood by one of ordinary skill in the art that the action of the user inhaling with the mouthpiece inserted and tightly covered by the user’s mouth would create a negative pressure within the inhalable passage 10) . Regarding claim 14, Huang discloses the invention as set forth in claim 1, wherein the compartment of the capsule chamber (4) comprises a main compartment (see Annotated Fig. 1 below) having a diameter greater than a transverse cross-sectional diameter of the capsule (it is inherent that the diameter of 4 would be larger than the transverse cross-sectional diameter of the capsule so that the capsule can be placed within 4; [0029], lines 16-18) and smaller than a longitudinal cross- sectional diameter of the capsule ([0029], lines 16-18, where it is inherent that the diameter of 4 is smaller than the longitudinal cross-sectional diameter of the capsule to ensure the capsule is arranged vertically within 4) . Annotated Fig. 1 Regarding claim 16, Huang discloses the invention as set forth in claim 1, wherein the capsule chamber (3 and 4) is further provided, at a position facing the button member (see Figs. 1 and 3) , with a first stop portion (16; Fig. 3) , which is configured to limit a movement position of the piercing assembly relative to the capsule chamber ([0031], lines 1-4) . Regarding claim 17, Huang discloses the invention as set forth in claim 1 . Huang further discloses the capsule-piercing unit (7; Fig. 1) has two arms (23), where each arm has at least one bulge (21; Fig. 4) to ensure the two arms (23) are entrapped in each side of the chamber (4), such that the spring fixture (18; Fig. 4) cannot completely move away from the chamber (4; [0031], lines 10-17). Hence, it would be well-understood by one of ordinary skill in the art that wherein the compartment (4) of the capsule chamber comprises a mounting structure as the arms (23) of the capsule-piercing unit (7) are entrapped on each side of the compartment (4; [0031], lines 10-17). Regarding claim 23, Huang discloses the invention as set forth in claim 1, wherein a needle tip portion of each of the piercing needles has an inclined surface (tip of piercing needles 19 have an inclined surface, see Fig. 4) . Regarding claim 24, Huang discloses the invention as set forth in claim 1, wherein two piercing needles are provided (19; Fig. 4) , wherein the two piercing needles are arranged one on top of the other (see Fig. 4) , and a distance between the two piercing needles arranged one on top of the other is less than a height of the capsule (see Fig. 1, where the distance between piercing needles 19 is less than the height of the capsule chamber 4, hence the distance between piercing needles 19 is less than the height of the capsule; Additionally, both piercing needles 19 make contact with and pierce the capsule, hence it is inherent that the distance between the piercing needles 19 is less than the height of the capsule) and greater than one half of the height of the capsule (see Fig. 1, where a first piercing needle 19 is located at an upper portion of the capsule chamber 4, and a second piercing needle 19 is located at a lower portion of the capsule chamber 4, hence the distance between the piercing needles 19 is inherently greater than one half of the height of the capsule as the capsule is arranged in capsule chamber 4) . Regarding claim 36, Huang discloses the invention as set forth in claim 1, wherein a first guide portion is provided on a proximal side of a lower surface of the deck (22, where 22 rests and is inserted through a lower surface of the deck 3, see Fig. 1) , and the button member (17) is provided with a second guide portion (17 provided with 16 via 3, see Figs. 1 and 3, see [0028] and [0031], lines 6-7) matching the first guide portion (Fig. 1; [0028], lines 6-7; [0031], lines 6-7) ; wherein the first guide portion is a lead rail (22, see Fig. 4) , and the second guide portion is a lead groove (16, see Figs. 1 and 3) matching the lead rail (see Fig. 1; [0028], lines 6-7; [0031], lines 6-7) ; or wherein the first guide portion is a lead groove, and the second guide portion is a lead rail matching the lead groove; wherein the first guide portion is provided at a distal end thereof with a third stop portion (see Fig. 4, where arms 23 and bulge 21 is located at a distal end of 22; [0031], lines 10-11) , which is configured to limit a movement position of the piercing assembly relative to the capsule chamber ([0031], lines 10-13) . 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, 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 3 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 20180344956 A1), hereinafter Huang, in view of Ren & Wang (CN 106924845 A), hereinafter Ren . Regarding claim 3, Huang discloses the invention as set forth in claim 1, wherein the cap body (1) comprises a first snap-fit portion located on a proximal side of the cap body (9, see Fig. 1) and configured to be snap-fitted on an edge of a proximal side of the deck (Figs. 1 and 3; [0029], lines 5-7, where it would be well-understood by one of ordinary skill in the art that the buckle 9 snap-fits with an edge of a proximal side of the deck 3 to ensure the effective closure of the inhaler device) . Huang does not explicitly disclose the buckle (9; Fig. 1) is a bump located on an inner side of a proximal end of the cap body, and the deck is provided at a proximal end thereof with an end surface that matches the bump . However, Ren teaches an analogous inhaler device (Fig. 2) with an upper shell (9; Fig. 7), wherein the upper shell has an upper shell buckle (9b; Fig. 7), and a bearing plate (1; Fig. 7), where the bearing plate has an upper shell seat (1r; Fig. 7) that matches the upper shell buckle (1r matches 9b, see Fig. 7; [0120], see provided translation). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the buckle and deck taught by Huang with the upper shell buckle and upper shell seat taught by Ren, such that the first snap-fit portion is a bump located on an inner side of a proximal end of the cap body (Huang 9 configured as a bump as taught by Ren 9b, see Ren Fig. 7) , and the deck is provided at a proximal end thereof with an end surface that matches the bump (proximal edge of Huang 3 includes Ren 1r that matches with Ren 9b, see Ren Fig. 7; Ren [0120], see provided translation) , so that the cap body and the deck are snap-fitted on proximal sides thereof (Ren [0120], see provided translation) to prevent the cap body from loosening and opening when unwanted (Ren [0120], see provided translation). Regarding claim 28, Huang discloses the invention as set forth in claim 1, wherein the base (5) further comprises a transparent inspection window (28; Fig. 1) mounted on the base body (see Fig. 1; [0029]) , and the compartment of the capsule chamber has a transparent wall surface (see 4 in Fig. 1; “The transparent windows can be used by patients to observe the chamber ( 4 ) to determine if drug delivery is successful”, see [0029], hence it would be well-understood by one of ordinary skill in the art that 4 has a transparent wall to observe if the drug delivery from the capsule was successful) , so as to observe the state of the capsule in the capsule chamber through the base in a use state ([0029], lines 26-27) . Huang fails to disclose wherein the transparent inspection window is U-shaped, and correspondingly, a mounting groove extending to front and back sides of the base body is formed in a bottom surface of the base body of the base, so as to mount the transparent inspection window. However, Ren teaches an analogous inhaler device (Fig. 10) with a lower shell (8; Fig. 10) that has a U-shaped slit (8c; Fig. 10) to retain a U-shaped observation window (12; Fig. 10). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the inspection window and base taught by Huang with the base and inspection window configuration taught by Ren above, such that the transparent inspection window is U-shaped (Ren 12, see Ren Fig. 10) , and correspondingly, a mounting groove extending to front and back sides of the base body is formed in a bottom surface of the base body of the base (Ren 8c, see Ren Fig. 10) , so as to mount the transparent inspection window (Ren 12 is mounted in Ren 8c, see Ren Fig. 10; Ren [0127], see provided translation) to increase the dimensions of the inspection window (Ren [0128], see provided translation) to improve visibility. Claims 26 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 20180344956 A1), hereinafter Huang . Regarding claim 26, Huang discloses the invention as set forth in claim 1 . Huang is silent to wherein the base (5) is provided, at a proximal end thereof, with an opening, which is configured to provide a movement space for the piercing assembly. However, it would be obvious to one of ordinary skill in the art that the base (5) taught by Huang has an opening to movably receive the button (17; see Annotated Fig. 1 below) of the piercing assembly (7). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Huang to explicitly teach wherein the base (5) is provided, at a proximal end thereof, with an opening (see Annotated Fig. 1 below) , which is configured to provide a movement space for the piercing assembly (see Annotated Fig. 1 below and Fig. 3, where the opening in 5 provides a movement space for the button 17 of the piercing assembly 7) to reduce friction between the button and the base when the button is pressed and/or released. Annotated Fig. 1 Regarding claim 33, Huang discloses the invention as set forth in claim 1 . Huang fails to explicitly disclose wherein a surface radius of curvature of the mesh portion ranges from 13 to 14mm ; wherein a mesh count of the mesh portion ranges from 20 to 30; wherein a thickness of the mesh portion ranges from 0.35 to 0.51 mm . However, Huang discloses the metal mesh (11; Fig. 1) has a grid interval between 0.5mm and 2mm, and has a hemi-ellipsoidal arc such that effectiveness of drug administration is increased ([0032]). Additionally, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to change the dimensions of the metal mesh (11) taught by Huang such that a surface radius of curvature of the mesh portion ranges from 13 to 14mm , a mesh count of the mesh portion ranges from 20 to 30 , and a thickness of the mesh portion ranges from 0.35 to 0.51 mm because Applicant has not disclosed the specific dimension ranges of the mesh portion provide an advantage, are used for a particular purpose, or solves a stated problem. Specifically, Applicant discloses the size and shape of the mesh and surface curvature can control the distribution of flowing airflow and prevent a patient from inhaling a large fragmented capsule shell (see [0117] of Applicant’s specification), and the thickness of the mesh portion ensures the inhalation efficiency of a pharmaceutical powder (see [0116] of Applicant’s specification). One of ordinary skill in the art, furthermore, would have expected the metal mesh (11) of Huang and the Applicant’s mesh portion to perform equally well because both mechanisms perform the same function of preventing the shell of the capsule from being inhaled by the patient (see last sentence of Huang [0033]; see [0117] of Applicant’s specification) and ensuring the inhalation efficiency of the pharmaceutical powder within the capsule (see Huang [0032]; see [0116] of Applicant’s specification). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the surface radius curvature, mesh count, and thickness of the metal mesh (11) taught by Huang to obtain the invention as specified in claim 33 because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the desired filtration effect and drug delivery efficiency, and thus fails to patentably distinguish over the prior art of Huang (see MPEP 2144.04.IV.A). Claims 27 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 20180344956 A1), hereinafter Huang, in view of Ahern et al. (US 11020549 B2), hereinafter Ahern . Regarding claim 27, Huang discloses the invention as set forth in claim 1 . Huang is silent to wherein the base body of the base (body of base 5) is provided with a second stop portion, which is configured to limit a movement position of the piercing assembly relative to the capsule chamber. However, Ahern teaches an analogous inhaler device (Fig. 1) with a base (2; Fig. 6a) provided with a stop end (see Annotated Ahern Fig. 6a below) to limit the movement of a button (11; Fig. 6a) and piercing assembly connected therein (10a, 10b, and 12; col. 5, lines 57-58; claim 22). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the body of the base taught by Huang to be provided with the stop end taught by Ahern, such that the base body of the base (body of base 5) is provided with a second stop portion (Ahern stop end, see Annotated Ahern Fig. 6a below) , which is configured to limit a movement position of the piercing assembly relative to the capsule chamber (Ahern col. 5, lines 57-58; Ahern claim 22) to prevent the piercing assembly from completely traversing the capsule chamber (Ahern col. 5, lines 57-65). Annotated Ahern Fig. 6a Regarding claim 32, Huang discloses the invention as set forth in claim 1 . Huang fails to explicitly disclose wherein a first annular sleeve- fit portion is formed on an outer surface of a bottom end of the inhalation channel, and a second annular sleeve-fit portion configured to be snap-fitted on the first annular sleeve-fit portion is provided on an inner surface of the sleeving portion of the filter member. However, Ahern teaches an analogous inhaler device (Fig. 1) with a screen holder (9; Figs. 1 and 4) with a screen (9a; Fig. 4) and an inner conduit (5a; Fig. 4), where the inner conduit (5a) has an annular groove on an outer surface that matches with an annular rib on an inner surface of the screen holder (9; see Annotated Ahern Fig. 4 below), where it would be well-understood by one of ordinary skill in the art that the matching annular groove and annular rib are capable of snap-fitting together to detachably couple the screen holder (9) to the inner conduit (5a). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the sleeving portion of the filter member and the bottom of the inhalation chamber as taught by Huang (see claim 1 above) to be provided with the annular rib and annular groove, respectively, as taught by Ahern, such that a first annular sleeve- fit portion is formed on an outer surface of a bottom end of the inhalation channel (Ahern annular groove formed on the bottom of Huang inhalation channel 10; see Annotated Ahern Fig. 4 below) , and a second annular sleeve-fit portion configured to be snap-fitted on the first annular sleeve-fit portion is provided on an inner surface of the sleeving portion of the filter member (Ahern annular rib formed on Huang sleeving portion of filter member 11, where Ahern annular rib is configured to snap-fit with Ahern annular groove; see Annotated Ahern Fig. 4 below) to detachably couple the sleeving portion and filter member therein to the inhalation channel. Annotated Ahern Fig. 4 Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 20180344956 A1), hereinafter Huang, in view of Bilgic (US 9849255 B2), as evidenced by Henning et al. (Henning, L.M., Abdullayev, A., Vakifahmetoglu, C., Simon, U., Bensalah, H., Gurlo, A. and Bekheet, M.F. (2021), Review on Polymeric, Inorganic, and Composite Materials for Air Filters: From Processing to Properties. Adv. Energy Sustainability Res., 2: 2100005. https://doi.org/10.1002/aesr.202100005), hereinafter Henning . Regarding claim 31, Huang discloses the invention as set forth in claim 1 . Huang fails to disclose wherein the sleeving portion and the mesh portion are both made of a polymer material. However, Bilgic teaches an analogous inhaler device (Fig. 2), where each component of the inhaler device can be made of any suitable material, including a group of preferred materials including styrene, acrylonitrile, polyoxymethylene, acrylic polymethyl methacrylate, cellulose acetate, polyetheretherketone, polyvinyl chloride, polyethylene, polypropylene, acrylonitrile butadiene styrene, silicon, polycarbonate, polyamide, polystyrene, polyurethane or fluoropolymer types (col. 10, lines 48-57). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the sleeving portion and the mesh portion taught by Huang (see claim 1 above) to be made of a polymer material as taught by Bilgic (Bilgic col. 10, lines 48-57) to improve the performance of the sleeving portion and the mesh portion under humid conditions (see Henning pg. 21, right hand column, second paragraph starting “The choice of hydrophilic, hydrophobic, or a combination …”). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Wachtel ( US 20050279357 A1 ): Regarding a hinged powder inhaler with a piercing assembly. Kuhn et al. ( US 20100275917 A1 ): Regarding a hinged powder inhaler with a piercing assembly and an arced filter member. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ABIGAYLE DALE whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1080 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday from 8:45am to 5:45pm ET . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Brandy Lee can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 270-7410 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ABIGAYLE DALE/ Examiner, Art Unit 3785 /BRANDY S LEE/ Supervisory Patent Examiner, Art Unit 3785
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Prosecution Timeline

Sep 18, 2023
Application Filed
Mar 04, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
30%
Grant Probability
99%
With Interview (+77.8%)
3y 9m
Median Time to Grant
Low
PTA Risk
Based on 10 resolved cases by this examiner. Grant probability derived from career allow rate.

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