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 § 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.
Claim(s) 1-5, 8, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connolly et al. (US20230001107), hereafter Connolly.
Regarding Claim 1, Connolly discloses an atomizer (Fig. 1), comprising: an atomizing assembly (Fig. 1, aerosol generator assembly 5) comprising an atomizing sheet (Fig. 1, aperture plate 41) and configured for atomizing an atomizing liquid (Abstract, par. 0096, “We describe aperture plate nebulizers which have a liquid vessel delivering liquid onto an aperture plate with apertures in the micro-metre size range…”); and an atomizing cup (Fig. 1, 2, integral plastics housing body and 3, liquid supply chamber) comprising a cup body (Fig. 1, reservoir tubular top part 20 and the inclined funnel-shaped lower part 21), a power supply interface (See Fig. A, conducting pins 31, 32, pin housing 30) and a cup mouth (See Fig. A, aerosol delivery tubular outlet 4), wherein the power supply interface is configured for being connected with an external electrical connector (par. 0118, conducting pins 31, 32, the power supply interface is inherently capable of connecting to an external connector based on its configuration), the cup body and the power supply interface are located on the same side of the cup mouth (See Fig. 2, the cup body and power supply interface are both disposed on the opposite side of the cup mouth), the cup body comprises a liquid storage portion (Fig. 1, reservoir top part 20), the liquid storage portion is provided with a liquid storage cavity, the liquid storage cavity is configured for storing the atomizing liquid (Fig. 1, par. 0117, a cavity is defined by the liquid storage portion for storing liquid), the atomizing cup is further provided with an atomizing cavity, the atomizing assembly is arranged in the atomizing cavity (See Fig. 2, the atomizing cavity is arranged in a cavity defined between the cup mouth 4 and a throat 8), the cup mouth is provided with a gas outlet (See Fig. A), and the gas outlet is communicated with the atomizing cavity and configured for discharging mist generated in the atomizing cavity (par. 0117 discloses the outlet in communication with the atomizing assembly and cavity); and wherein a flow channel portion is further arranged between the atomizing assembly and the liquid storage portion (Fig. A, funnel 21, see Fig. 2, the portion 21 is between the atomizing assembly and the liquid storage portion), the flow channel portion is provided with a flow channel communicating the atomizing cavity with the liquid storage cavity (Fig. 2, par. 0123, a throat 8 is formed by funnel 21 and communicates the atomizing cavity with the liquid storage cavity), the liquid storage portion and the power supply interface are distributed along a radial direction of the flow channel (Fig. 1, 2, the liquid storage portion and power supply interface extends out radially from the flow channel), and the liquid storage portion is obliquely arranged away from the power supply interface, so as to avoid the power supply interface (See Fig. 1 and 2, the liquid storage portion is angled away from the power supply interface); wherein, along the radial direction of the flow channel, a corner is formed on a side wall of the flow channel away from the power supply interface (Fig. 2, par. 0123, an internal tapered surface 26)
Connolly does not specifically disclose a length of the corner is L,L≤3 mm.
However, Connolly discloses and illustrates Fig. 2. See Applicant’s Fig. 4 and Fig. 2 of Connolly, the length of the corner can be estimated as a thickness of a gasket 48; see par. 0130-0135, the maximum thickness of the gasket is depth 2.1 + height of ridges 0.3 = 2.4mm, therefore the length of the corner is about 2.4 and is within the claimed range. The description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach one of ordinary skill in the art. In re Wright, 569 F.2d 1124, 1127-28, 193 USPQ 332, 335-36 (CCPA 1977). See MPEP 2125. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the length of the corner within applicant' s claimed range, as Connolly reasonably teaches it based of the drawing.
Connolly is still silent on a diameter of the flow channel is D, D≥7mm.
However, Connolly teaches that a diameter of the flow channel is about 6mm (par. 0130, “In this example the throat 8 is about 6.0 mm diameter”). The courts have held a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985), MPEP 2144.05. Here, the claimed range of “≥7mm” is merely close to “about 6mm” as disclosed by the prior art. Furthermore, Connolly discloses that larger diameter of the flow channel reduces risk of bubble entrapment (par. 0136). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the diameter of the flow channel to be within applicant’s claimed range, as the ranges are merely close to each other and for reducing risk of bubble entrapment.
The modified Connolly further discloses a part of the liquid storage cavity is located on one side of the corner away from the power supply interface (In Fig. 2, the liquid storage cavity is located top left from the corner and away from the power supply interface).
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Fig. A, Adapted from Connolly Fig. 1
Regarding Claim 2, the modified Connolly discloses the atomizer according to claim 1, wherein the cup body further comprises a connecting portion (Fig. 1, retainer 6), one side of the connecting portion is connected to the liquid storage portion (Fig. 2, the left side of the retainer 6 is connected to the liquid storage portion), and the other side of the connecting portion is connected to the cup mouth (Fig. 2, the right side is connected to the notches 67 of the cup mouth), so as to define the atomizing cavity with the cup mouth (Fig. 2, par. 0139, the connecting portion defines the atomizing cavity); the atomizing assembly abuts against one side of the connecting portion away from the liquid storage portion (See Fig. 2, the atomizing assembly abuts the connecting portion 6, and is away from the liquid storage portion), and the connecting portion is configured to form the flow channel portion (Fig. 2, the connecting portion surrounds and forms the flow channel portion); or, the atomizer further comprises a waterproof member (Fig. 1, gasket 48, par. 0144, “the gasket 48 covers the piezo 46, thereby limiting the potential for ingress of moisture from the funnel 21 at the throat 8 area to the electrically-conductive components”), the waterproof member is arranged in the atomizing cavity, at least a part of the waterproof member is clamped between the connecting portion and the atomizing assembly (See Fig. 1, 2, the waterproof member 48 is in the atomizing cavity, par. 0126, “The top (upstream) gasket 48 is sandwiched between and compressed by the washer 40 and the bottom surface of the housing body funnel 21”), and the waterproof member and the connecting portion are jointly configured to form the flow channel portion (See Fig. 2, both the waterproof member and the connecting portion surrounds and defines a border of the flow channel portion).
Regarding Claim 3, the modified Connolly discloses the atomizer according to claim 2, wherein the atomizer further comprises the waterproof member, the waterproof member has an elastic structure (par. 0067, the waterproof member is silicone and is elastic), the waterproof member is provided with a mounting hole (Fig. 4a, a hole created by surface 72), a hole wall of the mounting hole (Fig. 4a, 4b, surface 72) is provided with a clamping groove (Fig. 4b, rim 71 of the surface 72 creates a clamping groove), and an outer edge of the atomizing assembly is clamped into the clamping groove (See Fig. 6, the atomizing assembly is clamped into the groove made by rim 71).
Regarding Claim 4, the modified Connolly discloses the atomizer according to claim 1, wherein the atomizing assembly further comprises an adapter sheet (Fig. 1, piezoelectric vibration generator 46), the adapter sheet is provided with a through hole, the through hole is communicated with the flow channel (See Fig. 1, 2, the adapter sheet 46 has a through hole communicated with the flow channel), the atomizing sheet is located on one side of the adapter sheet away from the power supply interface (Fig. 2, the atomizing sheet is located as claimed) and electrically connected with the adapter sheet (par. 0098, “The aerosol generator may be of the type having a washer-shaped support to which is attached an annular piezoelectric vibration generating device on either the upstream or downstream side, and the aperture plate is connected by”), and the adapter sheet is configured for being electrically connected with the external electrical connector (par. 0118, “The conducting pins 31 and 32 are for conducting power to a piezoelectric vibration generator of the aerosol generator, and are retained within, and guided by, the pin housing part 30 of the housing body 2.”).
Regarding Claim 5, the modified Connolly discloses the atomizer according to claim 4, wherein the adapter sheet is configured for abutting against the external connector (Fig. 6, par. 0118, the external connector abuts the adapter sheet), and the atomizing sheet is detachably connected with the adapter sheet (Fig 1 shows the atomizing sheet is detachable with the adapter sheet through a washer 40, see par. 0099).
Regarding Claim 8, the modified Connolly discloses the atomizer according to claim 1, wherein the atomizing cup further comprises an expansion interface (Fig. 1, liquid supply chamber cap 22), the expansion interface is connected to the cup body (See Fig. 1 and 2), the expansion interface is provided with a liquid filling hole (Fig. 1, cap tubular opening 23), the liquid filling hole is communicated with the liquid storage cavity (Fig. 2, the cap tubular opening 23 is communicated with the liquid storage cavity), and the expansion interface is configured for being connected with an external liquid storage container (Examiner Notes: Based on the figure configuration, the liquid filling hole is inherently configured for connection with an external liquid storage container).
Regarding Claim 9, the modified Connolly discloses an atomizing device (Abstract), comprising an atomizer (Fig. 1) comprising: an atomizing assembly (Fig. 1, aerosol generator assembly 5) comprising an atomizing sheet (Fig. 1, aperture plate 41) and configured for atomizing an atomizing liquid (Abstract, par. 0096, “We describe aperture plate nebulizers which have a liquid vessel delivering liquid onto an aperture plate with apertures in the micro-metre size range…”); and an atomizing cup (Fig. 1, 2, integral plastics housing body and 3, liquid supply chamber) comprising a cup body (Fig. 1, reservoir tubular top part 20 and the inclined funnel-shaped lower part 21), a power supply interface (See Fig. A, conducting pins 31, 32, pin housing 30) and a cup mouth (See Fig. A, aerosol delivery tubular outlet 4), wherein the power supply interface is configured for being connected with an external electrical connector (par. 0118, conducting pins 31, 32, the power supply interface is inherently capable of connecting to an external connector based on its configuration), the cup body and the power supply interface are located on the same side of the cup mouth (See Fig. 2, the cup body and power supply interface are both disposed on the opposite side of the cup mouth), the cup body comprises a liquid storage portion (Fig. 1, reservoir top part 20), the liquid storage portion is provided with a liquid storage cavity, the liquid storage cavity is configured for storing the atomizing liquid (Fig. 1, par. 0117, a cavity is defined by the liquid storage portion for storing liquid), the atomizing cup is further provided with an atomizing cavity, the atomizing assembly is arranged in the atomizing cavity (See Fig. 2, the atomizing cavity is arranged in a cavity defined between the cup mouth 4 and a throat 8), the cup mouth is provided with a gas outlet (See Fig. A), and the gas outlet is communicated with the atomizing cavity and configured for discharging mist generated in the atomizing cavity (par. 0117 discloses the outlet in communication with the atomizing assembly and cavity); and wherein a flow channel portion is further arranged between the atomizing assembly and the liquid storage portion (Fig. A, funnel 21, see Fig. 2, the portion 21 is between the atomizing assembly and the liquid storage portion), the flow channel portion is provided with a flow channel communicating the atomizing cavity with the liquid storage cavity (Fig. 2, par. 0123, a throat 8 is formed by funnel 21 and communicates the atomizing cavity with the liquid storage cavity), the liquid storage portion and the power supply interface are distributed along a radial direction of the flow channel (Fig. 1, 2, the liquid storage portion and power supply interface extends out radially from the flow channel), and the liquid storage portion is obliquely arranged away from the power supply interface, so as to avoid the power supply interface (See Fig. 1 and 2, the liquid storage portion is angled away from the power supply interface); wherein, along the radial direction of the flow channel, a corner is formed on a side wall of the flow channel away from the power supply interface (Fig. 2, par. 0123, an internal tapered surface 26), a length of the corner is L,L<3 mm (Examiner Notes: See Applicant’s Fig. 4 and Fig. 2 of Connolly, the length of the corner can be estimated as a thickness of a gasket 48; see par. 0130-0135, the maximum thickness of the gasket is depth 2.1 + height of ridges 0.3 = 2.4mm; the length of the corner is about 2.4 and is within the claimed range. Therefore, the claimed range is anticipated by Connolly.), a diameter of the flow channel is D, D>7mm (par. 0130, “In this example the throat 8 is about 6.0 mm diameter”; the prior art is within the claimed range), and a part of the liquid storage cavity is located on one side of the corner away from the power supply interface (In Fig. 2, the liquid storage cavity is located top left from the corner and away from the power supply interface).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connolly, in view of Power et al. (US20110030678), hereafter Power.
Regarding Claim 6, the modified Connolly discloses the atomizer according to claim 4, but is silent on wherein along the radial direction of the flow channel, a distance between a center of the through hole and the corner is greater than a radius of the flow channel.
However, Power teaches an atomizer (Abstract), comprising of a liquid storage portion (See Fig. B below), a cup mouth (Fig. B), an atomizing sheet (Fig. 23, vibratable member 40), an adapter sheet (Fig. 23, piezoelectric element 41) defining a through hole (Fig. B, a through hole defined by the adapter sheet), a flow channel (Fig. B), and a corner (Fig. B). Power further teaches wherein along the radial direction of the flow channel, a distance between a center of the through hole and the corner is greater than a radius of the flow channel (See Fig. B, dash line 1 represents the center of the through hole, dash line 2 represents the center of the flow channel, in the shown configuration, the radius of the flow channel is the distance between the center of the flow channel to the corner, therefore, the distance between the center of the through hole and the corner is greater than the radius; par. 0167 discloses the nebulizer has a specific geometry to minimize residual). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known atomizer of Connolly, with the through hole geometry of Power, to minimize residual drug wastage as taught by Power (Power, par. 0167).
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Fig. B, adapted from Power Fig. 24
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connolly, in view of Wang (CN212880485, machine translation accessed 3/30/2026 relied upon herein), hereafter Wang.
Regarding Claim 7, the modified Connolly discloses the atomizer according to claim 1, but is silent on wherein the cup mouth is further provided with a groove, the groove is provided with an opening, the cup body is connected to the opening, so as to define the liquid storage cavity, and the atomizing assembly is clamped between the cup mouth and the cup body.
However, Wang teaches an atomizer (Fig. 1), comprising of a cup mouth (Fig. 1, spray nozzle 7), a cup body (Fig. 1, medicine liquid cup), and an atomizing assembly (Fig. 1, atomizing sheet 4, electric contact 4.2, circuit board 5). Wang further teaches on wherein the cup mouth is further provided with a groove (Fig. 1, lug boss locating rib 7.6), the groove is provided with an opening (Fig. 1, an opening defined by groove defined by a base 7.1), the cup body is connected to the opening, so as to define the liquid storage cavity (See Fig. 1 and 2, the cup body 1 is connected to the opening defined by base 7.1, enclosing the liquid storage cavity), and the atomizing assembly is clamped between the cup mouth and the cup body (Fig. 1 and 2, the atomizing assembly is clamped) through bolts (Fig. 1, bolts 7.2, par. 0030). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known atomizer of Connolly, with the atomizer of Wang, and clamped the atomizing assembly between the cup mouth and the cup body for securing contact between parts of the atomizing assembly using bolts as taught by Wang (Wang, par. 0030, 0037).
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connolly, in view of John (WO2009118717), hereafter John.
Regarding Claim 10, the modified Connolly discloses the atomizing device according to claim 9, but is silent on wherein the atomizing device further comprises a host, a data line and a three-way pipe; the three-way pipe comprises a first interface, a second interface and a third interface, the atomizer is connected to the first interface, the second interface is configured for discharging mist for a user to use, and the third interface is configured for allowing gas to enter the three-way pipe; andthe data line comprises an input end and at least one output end, the input end is connected to the host, and the at least one output end is connected to the atomizer.
However, John teaches an atomizer device (Fig. 1), comprising of an atomizer (Fig. 1, aerosol generator 2), wherein the atomizing device further comprises a host (Fig. 1, controller 3; a host is defined as a controller, see pg. 13 of applicant’s disclosure), a data line (Fig. 1, wire 13 and 70) and a three-way pipe (Fig. 1 and 4, connector 30); the three-way pipe comprises a first interface (Fig. 1 and 4, aerosol supply conduit 34), a second interface (Fig. 1 and 4, outlet 32) and a third interface (Fig. 1 and 4, inlet 31), the atomizer is connected to the first interface (See Fig. 1 and 4), the second interface is configured for discharging mist for a user to use (pg. 12, line 8-10, “The entrained aerosol/insufflation gas mixture passes out of the connector 30 through the outlet 32 and is delivered to the body cavity along a line 60”, see Fig. 1), and the third interface is configured for allowing gas to enter the three-way pipe (Fig. 5, pg. 15, line 25-26“The aerosol is entrained in the insufflation gas conduit with gas. which passes into the gas conduit through the inlet 31”); and the data line comprises an input end and at least one output end (Fig. 1, an input end of 16 and 70 are connected the host, output ends of 16 is connected to the atomizer), the input end is connected to the host, and the at least one output end is connected to the atomizer (See Fig. 1). John further teaches a gas channel assembly (Fig. 1, connector between an insufflation gas outlet 20 and inlet 31) for supplying insufflation gas from an insufflator (Fig. 1, insufflator 12). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known atomizer device of Connolly, with the atomizer device of John, for generating insufflation gas, and detecting and controlling atomizer operation as taught by John (John, Abstract).
Regarding Claim 11, the modified Connolly further discloses the atomizing device according to claim 10, wherein the atomizing device further comprises a gas channel assembly (John, Fig. 1, the connector between an insufflation gas outlet 20 and inlet 31), the data line comprises two output ends (John, Fig. 1, output ends of wire 16 and 70), one of the output ends is connected to the atomizer (John, Fig. 1, output end of 16) and the other of the output ends is connected to the gas channel assembly (John, Fig. 1, output end of 70 is connected to the gas channel assembly), the gas channel assembly comprises a pipe body (See John, Fig. 1, the gas channel assembly has a pipe body) and a flow sensor (John, Fig. 1, flow sensor 11), the flow sensor is arranged in the pipe body and configured for detecting a gas flow (John Fig. 1, Abstract “the flow of insufflation' gas such as detected by a flow sensor (11)”), and one end of the pipe body is communicated with the third interface and the other end of the pipe body is configured for allowing gas to enter the pipe body (John Fig. 1, the pipe body is connected as claimed, pg. 15, line 25-26“The aerosol is entrained in the insufflation gas conduit with gas. which passes into the gas conduit through the inlet 31”).
Regarding Claim 12, the modified Connolly discloses the atomizing device according to claim 10, but does not specifically disclose wherein an included angle between an axis of the first interface and an axis of the second interface is α, and 90°< α <180°.
However, John discloses and illustrates Fig. 1, 3, 5, wherein Fig. 5 is an cross sectional view of the three-way pipe (pg. 8 line 17). The Figures clearly shows that the angle between an axis of the first interface (Fig. 1, 3, 5, aerosol supply conduit 34) and an axis of the second interface (Fig. 1, 3, 5, outlet 32), is between 90° and 180° (See Fig. 1, 3, 5, angle between 34 and 32 is slightly greater than a right angle). The description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach one of ordinary skill in the art. In re Wright, 569 F.2d 1124, 1127-28, 193 USPQ 332, 335-36 (CCPA 1977). See MPEP 2125. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the angle between an axis of the first interface and an axis of the second interface to be within applicant' s claimed range as John reasonably teaches it off the drawings.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20170043106 discloses a nebulizer with a reservoir and outlet
US20220226598 discloses a nebulized medication system
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRIS HANYU GONG whose telephone number is (703)756-5898. The examiner can normally be reached M-F 8:30-4:30.
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/KRIS HANYU GONG/Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
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