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 .
Election/Restrictions
Applicant’s election without traverse of Species D (fig. 4) in the reply filed on 5 November 2025 is acknowledged. Claims 9-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
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 1-8 and 19 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 1 is rejected as being indefinite because it is unclear if the “first aerosol container” and the “second aerosol container” are required by the claimed invention. Their respective recitations in lines 2 and 3 are within the context of functional limitations, and are not considered to form part of the claimed invention. But, the limitation in lines 7-9 appears to inherently require the first and second aerosol containers because the “internal pressure of the first supply unit” and the “internal pressure of the second supply unit” are dependent upon the properties of the first aerosol container and the second aerosol container, respectively. For the purposes of examination, the first aerosol container and the second aerosol container will not be considered to be positively recited since this appears to be the broadest reasonable interpretation. To overcome this rejection, the claim should be amended to positively recite both aerosol containers.
Claims 2-8 are rejected for depending from indefinite claim 1.
Claim 2 recites the limitations "the first supply unit side" and “the discharge unit side” in line 6. There are insufficient antecedent bases for these limitations in the claim.
Claims 3-5 are rejected for depending from indefinite claim 2.
Claim 19 recites the limitation "the second discharge drive unit" in line 4. There is insufficient antecedent basis for this limitation in the claim.
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 1-4, 6-8, 15, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cohen (US 2016/0361508).
Regarding claim 1, Cohen teaches a discharge apparatus (fig. 1) of aerosol containers (1, see par. 203, and 2, see par. 212), comprising:
a first supply unit (see annotated figure) to which a first content of a first aerosol container (1) is supplied (par. 213; figs. 2, 3);
a discharge unit (7) which discharges a second content of a second aerosol container (2) different from the first aerosol container (par. 213; fig. 2); and
a second supply unit (see annotated figure) into which the second content is injected (par. 213), and which is connected between the first supply unit and the discharge unit (fig. 2),
wherein the second content injected into the second supply unit is discharged from the discharge unit by making an internal pressure of the first supply unit higher than an internal pressure of the second supply unit with a supply of the first content (par. 214 – “as mixture of the first canister (1) may be used to carry the aerosol drug released by the second canister (2)”; par. 218).
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Regarding claim 2, Cohen teaches the discharge apparatus described regarding claim 1, and further comprising: a first coupling part (8) which couples the first aerosol container (1) and the first supply unit (10, see par. 202 and fig. 2); and a second coupling part (6) which couples the second aerosol container (2) and the second supply unit (11, see par. 202 and fig. 2), wherein the second coupling part injects the second content into the second supply unit from the first supply unit side to the discharge unit side of the second supply unit (fig. 2).
Regarding claim 3, Cohen teaches the discharge apparatus described regarding claim 2, and further comprising a first valve (3a/3b) which prevents a backflow of the first content from the first supply unit to the first coupling part (fig. 3).
Regarding claim 4, Cohen teaches the discharge apparatus described regarding claim 2, and further comprising a second valve (par. 221 – Schrader valve associated with the second canister) which prevents a backflow of the second content from the second supply unit to the second coupling part (par. 221 – the Schrader valve for the second canister is just above the aerosol path 11).
Regarding claim 6, Cohen teaches the discharge apparatus described regarding claim 1, and further wherein an internal volume of the first supply unit is greater than an internal volume of the second supply unit (see annotated figure).
Regarding claim 7, Cohen teaches the discharge apparatus described regarding claim 1, and further wherein a cross-sectional area of the first supply unit is larger than a cross-sectional area of the second supply unit (see annotated figure).
Regarding claim 8, Cohen teaches the discharge apparatus described regarding claim 1, and further wherein the first supply unit is a vaporization chamber (fig. 2, 3) for vaporizing the first content (the structure of the first supply unit of Cohen is the same as that disclosed by Applicant; therefore, it is capable of performing the recited function).
Regarding claim 15, Cohen teaches a discharge method, comprising:
providing a first aerosol container (1) which contains a first content (par. 203) and which is connected to a first supply unit (see annotated figure);
providing a second aerosol container (2) which contains a second content different from the first content (par. 212), and which is connected to a second supply unit (see annotated figure) provided between the first supply unit and a discharge unit (7, see fig. 2);
injecting the second content into the second supply unit (par. 213);
supplying the first content to the first supply unit (par. 214); and
discharging the second content injected into the second supply unit from the discharge unit by making an internal pressure of the first supply unit higher than an internal pressure of the second supply unit with the first content (par. 214 – “as mixture of the first canister (1) may be used to carry the aerosol drug released by the second canister (2)”; par. 218).
Regarding claim 17, Cohen teaches the discharge method described regarding claim 15, and further wherein the supplying the first content to the first supply unit is performed after the injecting the second content into the second supply unit (par. 213 – the capillary tube draws the second content into the second supply unit; par. 214 – the first content is supplied to carry the second content out the discharge unit).
Regarding claim 18, Cohen teaches the discharge method described regarding claim 15, and further comprising starting a supply of the first content to the first supply unit while the second content is being injected into the second supply unit (par. 218 – supply of the first content to the first supply unit will pass to the second supply unit and pull the second content into the second supply unit; as the method is performed the second content will continue to be injected into the second supply unit concurrently with the supply of the first content to the first supply unit).
Regarding claim 19, Cohen teaches the discharge method described regarding claim 15, and further comprising intermittently discharging the second content from the discharge unit by repeating discharging the first content from the first aerosol container by a first discharge drive unit and discharging the second content from the second aerosol container by the second discharge drive unit (par. 221 – the first discharge unit is the Schrader valve of the first canister and the second discharge unit is the Schrader valve of the second canister, both of which will be controlled to intermittently supply the first content and the second content).
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 5, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Cohen.
Regarding claim 5, Cohen discloses the discharge apparatus described regarding claim 2, and further wherein the second coupling part is removable from the first supply unit (figs. 5, 5A), but not wherein the second supply unit is also removable from the first supply unit. Nevertheless, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made the second supply unit removable since it has been held that it would be obvious to make an element removable if it were desirable to obtain access to some other element of the apparatus. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). See MPEP 2144.04.V.C. In this particular instance, providing Cohen with a removable second supply unit would allow access to the valve (13, see fig. 2), or for cleaning or replacement.
Regarding claim 16, Cohen discloses the discharge method described regarding claim 15, and further wherein a known discharge method comprises the step of supplying the first content comprises supplying liquefied gas from a bulk supply (par. 22). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the discharge method of Cohen to provide liquified gas contained in the first aerosol container to the first supply unit since this was a known means of providing a bulk supply for use in a discharge method.
Regarding claim 20, Cohen discloses the discharge method described regarding claim 15, but not further wherein the discharging the second content from the discharge unit is performed during an unmanned flight by an unmanned aircraft. Nevertheless, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the discharge method of Cohen to discharge the second content from the discharge unit during an unmanned flight by an unmanned aircraft, since unmanned flights by unmanned aircraft are becoming very common and since there is no other recited relation between the unmanned flight of the unmanned aircraft and performance of this step (e.g., the flight can be any unmanned flight of any unmanned aircraft anywhere).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Abplanalp (US 6,062,493), Breslau et al. (US 3,303,970), Ukaji et al. (US 6,168,781), and Hansen et al. (US 2005/0029296) all disclose discharge apparatuses having elements of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CODY J LIEUWEN whose telephone number is (571)272-4477. The examiner can normally be reached Monday - Thursday 8-5, Friday varies.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CODY J LIEUWEN/Primary Examiner, Art Unit 3752