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 .
DETAILED ACTION
1. This office action is in response to the filing of the application on 01/18/2024. Since
the initialing filing, no claims have been amended, added, or canceled. Thus, claims 1-20 are pending in the application.
Drawings
The drawings are objected to for the following informalities:
Reference characters “102,” “108,” “112,” “104,” “114” are not shown in Fig 2A and Fig 2B as described in the Specifications in [0043].
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the body component 102, an open end 108, medication cartridge component 04, an activation button 114 and an activation button aperture 112 in Figure 2A and Figure 2B as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 title of the invention (“Inhaler Device”) is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: --Compact Inhaler Device Having Inline Shape--.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
At present, no claim limitations are interpreted under 35 USC 112(f).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-19 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.
Regarding claim 1, the phrase “inhaling on the body component releases medicine from the medication cartridge component into a user’s mouth,” is unclear on whether inhaling is required or if an interaction between the cartridge and piston assembly is needed to release medication. For the purposes of examination, claim 1 will be interpreted as needing an interaction between the cartridge and piston assembly to release medication.
Regarding claim 16, the phrase “inhaling on the body component releases vaporized rescue medicant from the medication cartridge component into a user’s mouth” is unclear on whether inhaling is required or if an interaction between the cartridge and piston assembly is needed to release medication. For the purposes of examination, claim 16 will be interpreted as needing an interaction between the cartridge and piston assembly to release medication.
Any remaining claims are rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 1-6, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rodney et al (2026/0091181).
Regarding claim 1, Rodney discloses a compact (the inhaler 100 is considered compact due to term “compact” being broad) inhaler device (inhaler 100, Figure 1) comprising:
a body component (Fig 2, housing 104 is a “body component”); and
a medication cartridge component (Fig 2, canister 200 is a “medication cartridge component”);
wherein the medication cartridge component is inserted into the body component ([0064]
discloses that the housing 100 as a body component is “hollow, in order to receive a pressurized canister” 200);
wherein the medication cartridge component abuts a piston assembly ([0065] discloses a
stem block 208 which includes a metering valve assembly to serve as a piston assembly) within the body component into convert liquid medication from inside the medication cartridge component to be expelled in a vaporized state ([0064] discloses the inhaler serves as a device to dispense a “therapeutic formulation” as the medicine from a canister 200 as an “aerosol” which is a “vaporized” state);
and further wherein inhaling on the body component releases medicine from the
medication cartridge component into a user’s mouth ([0083] discloses the stem block 208 interacting with the valve stem to push the medicine from the canister 200 to exit the mouthpiece 108).
Regarding claim 2, Rodney discloses the discloses the body component (Fig 2, housing
104) is configured in a rectangular, cylindrical, or oval shape (Figure 3 shows the housing 104 is a cylindrical body).
Regarding claim 3, Rodney discloses the body component is an inline shape (Fig 2, housing 100 is “inline” with no components on the sides of the housing which makes the housing not an L-shape).
Regarding claim 4, Rodney further discloses the body component (Fig 2, housing 104) comprises an open end and a mouthpiece at an opposing end ([0064] discloses the housing 104 is attached to a bottom end cap 110 is removable and the housing is hollow in order to receive a canister which indicates the housing (i.e. “body component”) has an open end).
Regarding claim 5, Rodney discloses the medication cartridge component is adapted to be inserted within the open end of the body component. ([0064] discloses the housing 104 is hollow to receive a “pressurized” canister 200).
Regarding claim 6, Rodney discloses an activation button aperture with an activation button (two actuation buttons 114 and their apertures 312 are disclosed in Fig 3 shown below for convenience).
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Regarding claim 20, Rodney discloses a method of utilizing a more compact inhaler, the method comprising the following steps:
providing a compact inhaler device (the inhaler 100 is considered compact due to term “compact” being broad) comprising a body component (Fig 2, housing 104 is a “body component”) and medication cartridge component (Fig 2, canister 200 is a cartridge);
inserting a medication cartridge component into the body component ([0080] discloses he canister 200 is inserted into the housing 104); utilizing a nozzle of the body component to inhale vaporized medicine from the medication cartridge component ([0069] discloses the therapeutic formulation is released into the valve stem 204 then the stem block 208. The user can inhale the “aerosolized” therapeutic formulation into their lungs from the mouthpiece 108 which acts as the nozzle); removing and replacing the medication cartridge component ([0081] discloses the user is able to remove the empty canister from the housing 104 and replace with a full canister), as needed;
and disposing of the device and purchasing a new device (The device can be used once and thrown away and replaced by purchasing a new device by the user. Applicant is not claiming what structure or amount of substance is making the device “single use.”), as needed.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 7-13 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Rodney et al (2026/0091181) as applied to claim 6 above, in view of Jackson et al (2022/0312849).
Regarding claim 7, Rodney discloses an open-ended body component (Fig 3 discloses the housing 104 with an open end, which acts as the body component) along with an activation button and an aperture for the button (Fig 3, two actuation buttons 114 and their apertures 312).
Rodney does not disclose an activation button that is moveable in the activation button aperture and pressing the activation button allows the medication cartridge to be pushed out of the body component when empty.
However, Jackson teaches an aerosol delivery device comprising an open-ended body component adapted to insert a cartridge as well as an activation button and its aperture where the activation button is moveable in its aperture to eject the cartridge from the body component (Fig 5, aerosol device 100, holder 200, open end 210, removable cartridge 300, activation button and its aperture 225). Jackson further discloses the cartridge is held in place once inside of the holder, where the button must be activated, by the user, in order to release the cartridge ([0070] discloses an ejection mechanism configured to eject a cartridge from the holder using a spring, latch, and user activated button to release the latch which lets the cartridge be removed).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Rodney to include an ejection mechanism with an activation button moveable in its aperture to push the medication cartridge out of the body component as taught by Jackson. The inhaler of Rodney would be modified to include the pressable activation button and its aperture (Fig 2, button 225 is pressable and housed in its aperture) include on the housing component (Fig 3, housing 104) which acts as the body component of the claimed invention. Use of the button and its aperture would allow the cartridge to be secured within the body component and allow for quick removal and access.
Regarding claim 8, the modified device of Rodney has the mouthpiece is cylindrically shaped (Rodney, Fig 3 shows a cylindrical mouthpiece 108 and the mouthpiece configured to extend perpendicularly from the housing) and extends perpendicularly from the body component to release medicament through the mouthpiece (Rodney, [0065] discloses the therapeutic formulation is released out of the mouthpiece 108 of the inhaler 100).
Regarding claim 9, the modified device of Rodney has the body component comprises a cover that fits over the mouthpiece, protecting the mouthpiece from dirt, debris, and germs when not in use (Rodney, [0078] discloses the mouthpiece 108 may be covered with a mouthpiece cover 324 which can be used to protect from dirt, debris, and germs).
Regarding claim 10, the modified device of Rodney has the medication cartridge comprises a rescue medicament (Rodney, [0012] discloses that the canister 200 can be used to store a therapeutic formulation which can include a rescue medicament) for a respiratory ailment (Rodney, [0069] discloses the user delivers the aerosolized therapeutic formulation to the lungs which indicates the medicament can be used for a respiratory ailment).
Regarding claim 11, the modified device of Rodney has the compact inhaler is a single use device (Rodney’s device can be used once and thrown away. Applicant is not claiming what structure or amount of substance is making the device “single use”).
Regarding claim 12, the modified device of Rodney has the compact inhaler is a multi-use device (Rodney, [0081] discloses the canister 200 can be replaceable by the user. The inhaler 100 can be reused after the canister is empty of the therapeutic formulation).
Regarding claim 13, the modified device of Rodney has the medication cartridge component is a generally cylindrically shaped container (Rodney, Fig 3. Shows the canister 200 with a cylindrical body including a circular face of the top of the canister) that holds the medicament (Rodney, [0012] discloses that the canister 200 can be used to store a therapeutic formulation which can include a rescue medicament) and an interior volume of the medication cartridge component is sealed off to contain the medicament ([0066] discloses the metering valve assembly allows for the valve stem 204 to slide relative to the canister 200. The movement of the valve stem from an extended position to a depressed positions results in a dose being dispensed from the canister. Until the valve stem and metering valve system, part of the larger stem block 208, is activated, the canister is sealed off).
Regarding claim 15, the modified device of Rodney has the medication cartridge component comprises a propellant gas (Rodney, [0164] discloses the different propellant gases used in testing of the device) and has a valve at one end (Fig 2 discloses the valve stem 204 is at one end) that abuts a piston assembly (Rodney, [0066] discloses the metering valve assembly is mounted (a part of the stem block 208) to allow the valve stem to slide relative to the canister 200) within the body component (Rodney, Fig 2 discloses the valve stem, metering valve assembly within the stem block, inside the housing 104), the piston assembly pushes against the valve to release the medicant into the mouthpiece in a vaporized state (Rodney, [0065] discloses the actuation of two buttons allows for the depressing of the stem block 208 (which includes the metering valve assembly) sits on top of the canister 200 and activated the valve assembly to release the therapeutic formulation out of the mouthpiece 108).
Regarding claim 16, Rodney discloses a compact inhaler device (Fig 3, inhaler device 100) comprising of a body component (Fig 3, housing 104) comprising of an open end ([0064] discloses the housing is hollow in order to receive a canister 200. It is also disclosed that the bottom cap 110 is removable hence the open end) and a mouthpiece at an opposing end; (Fig 3, the mouthpiece 108 is the opposite end of the open end) and a medication cartridge component (Fig 3, canister 200 is the same as the cartridge) comprising a rescue medicament for a respiratory ailment ([0012] discloses the canister 200 can be used to store a therapeutic formulation which can include a rescue medicament for a respiratory ailment [0092] further discloses that the user inhales into the lungs which solidifies that this can be used for a respiratory ailment); the medication cartridge is inserted into the open end of the body component ([0064] discloses the housing is hollow in order to receive a canister 200); the medication cartridge component is held in place in the open end via friction fit ([0086] discloses that there is a “close fit” where the valve stem 20 and the valve stem passage 1002 to prevent leakage but can also be considered a “snug” or “friction” fit to be held in place); wherein the body component comprises an activation button aperture with an activation button (Fig 3, two actuation buttons 114 and their apertures 312); the body component comprises a cover that fits over the mouthpiece, protecting the mouthpiece from dirt, debris, and germs when not in use ([0078] discloses the mouthpiece 108 may be covered with a mouthpiece cover 324 which can be used to protect from dirt, debris, and germs); the medication cartridge component comprises a propellant gas ([0164] discloses the different propellant gases used in testing of the device) and has a valve at one end (Fig 2 discloses the valve stem 204 is at one end) that abuts a piston assembly ([0066] discloses the metering valve assembly is mounted (a part of the stem block 208) to allow the valve stem to slide relative to the canister 200) within the body component (Fig 2 discloses the valve stem, metering valve assembly within the stem block, inside the housing 104); the piston assembly pushes against the valve to release the rescue medicant into the mouthpiece in a vaporized state ([0065] discloses the actuation of two buttons allows for the depressing of the stem block 208 (which includes the metering valve assembly); and further wherein inhaling on the body component releases a vaporized rescue medicant from the medication cartridge component into a user’s mouth ([0083] discloses the stem block 208 interacting with the valve stem to push the medicine from the canister 200 to exit the mouthpiece 108).
Rodney does not disclose the activation button being moveable in the button aperture and pressing the activation button pushes an inserted medication cartridge component out of the body component when empty.
However, Jackson teaches an aerosol delivery device comprising an open-ended body component adapted to insert a cartridge as well as an activation button and its aperture where the activation button is moveable in its aperture to eject the cartridge from the body component. (Fig 5, aerosol device 100, holder 200, open end 210, removable cartridge 300, activation button and its aperture 225. [0070] discloses an ejection mechanism configured to eject a cartridge from the holder using a spring, latch, and user activated button to release the latch which lets the cartridge be removed).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Rodney to include an ejection mechanism with an activation button moveable in its aperture to push the medication cartridge out of the body component as taught by Jackson. The inhaler of Rodney could be modified to include the pressable activation button and its aperture (Fig 2, button 225 is pressable and housed in its aperture) include on the housing component (Fig 3, housing 104) which acts as the body component of the claimed invention. Use of the button and its aperture would allow the cartridge to be secure within the body component and allow for quick removal.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Rodney et al (2026/0091181) in view of Jackson et al, as applied above to claim 13, and further in view of Thompson et al (2022/0347405)
Regarding claim 14, the modified inhaler device of Rodney has the medication cartridge component having a cylindrical wall that tapers into an annular collar ([Rodney, Fig 2 the canister 200 has “dips” that are considered “tapering” (Rodney, blue arrows in Figure 2 below). The annular collar is considered the rectangular block (Rodney, highlighted by red rectangle in Figure 2 below) at the top of the canister See annotated Figure 2 below for convenience), that has a spray stem extending (Rodney, [0066] discloses that the valve stem 204 slides into the metering valve assembly relative to the canister in an extended position) and which abuts an internal piston assembly in the body component (Rodney, Fig 2. Shows the valve stem 204 near/next to the metering valve assembly located in the stem block 208 which is within the housing 104 component), pressurizing the medicament that is propelled to be emitted through the mouthpiece. (Rodney, [0068] disclosed the pressurized (with a propellant gas) therapeutic formulation in the canister 200 is in “fluid communication” with the metering chamber). (Rodney, [0069] discloses the metering chamber is ultimately connected to the mouthpiece 108 which releases aerosolized liquid via mouthpiece).
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The modified inhaler device of Rodney does not explicitly have a device that uses the spray stem acting on the piston assembly to solely be responsible for the pressuring of the canister, as there is a propellant gas involved.
However, Thompson teaches an inhaler device in which the canister is not using a propellant gas and relies on the interaction between the valve stem to extend which abuts an internal metering valve assembly included in the stem block. (Thompson, Fig 4, valve stem 41, stem block holding the internal metering valve assembly 35, canister 45. [0080] discloses the canister including metering valve assembly which includes a valve stem when movement is involved from an extending position to a depressing position, a dose of aerosolized medication is dispensed.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the modified inhaler device of Rodney to modify the cartridge to use a valve stem, internal metering valve assembly, and a non-propellant canister to pressurize and release the medicine as taught by Thompson. The modified device of Rodney could substitute the pressurized canister with a suction-based/non-propellant canister and get the same results, where the non-propellant canister works just as effectively by holding and releasing the medicament. Having a non-propellant canister would also allow for the use of medications that might be incompatible with propellant gases. Use of a valve stem to abut onto a metering valve assembly to pressurize a canister without the use of a propellant gas will allow for the medication to be released from the cartridge effectively and be used with medications incompatible with propellent gases.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Rodney et al (2026/0091181) in view of Jackson et al, as applied to claim 16 above, and further in view of Novak III et al (US 10791767 B2).
Regarding claim 17, the modified device of Rodney has the compact inhaler
device as discussed above for claim 16.
The modified device of Rodney does not have the body component comprises a gauge for showing level of inhalant remaining in the medication cartridge component.
However, Novak teaches an aerosol delivery device (Novak, Fig 1, aerosol delivery device 100) that has a control device which acts as a body component with an indication window which goes through a portion of the outer tank wall where any liquid composition in the tank can be seen when the cartridge is inserted into the device (Novak, Fig 1. device 200, indication window 240, outer tank wall 304, liquid composition 324, cartridge 300). The indication window allows for the user to keep track of the therapeutic formulation of the cartridge.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified inhaler device of Rodney to include a window that shows the level of inhalant remaining in the medication cartridge component as taught by Novak. The window can be included in the modified inhaler device of Rodney the housing (Rodney, Fig 3 housing 104) as long as the window does not interfere with the actuation buttons (Rodney, Fig 3 actuation buttons 114). Use of the window ensures that a user is able to know when the cartridge is empty and ready to replace.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Rodney et al (2026/0091181) in view of Jackson et al, and further in view of Baddeley (2025/0090776 A1).
Regarding claim 18, the modified inhaler device of Rodney has the compact inhaler
device described in claim 16 above.
The modified device of Rodney does not have the body component comprising a keyhole cut through a side of the body component to allow the compact inhaler device to be attached to other objects such as a key ring.
However, Baddeley teaches a compact inhaler device comprising of a housing with a keyhole (Baddeley, [0033] discloses the keyhole cut through the side of housing 100 to allow the inhaler to be attached to other objects like a key ring. Fig 1, inhaler device 100, housing 120, keyhole 140).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified inhaler device of Rodney to have a keyhole cut into the side of the housing component as taught by Baddeley. The inhaler device of Rodney can be adapted to include a keyhole on any portion of the housing 104, such as the bottom of the housing 104 as shown in Fig 3 (Rodney, Fig 3 highlighted by green rectangle below for convenience). The use of the keyhole can allow the modified inhaler device to be attached to other objects, such as a key ring.
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Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Rodney et al (2026/0091181) in view of Jackson et al, and further in view of Terry et al (US 9757147 B2).
Regarding claim 19, the modified inhaler device of Rodney has the compact inhaler
device as discussed above for claim 16.
The modified inhaler device of Rodney does not have the plurality of indicia..
However, Terry teaches that a personal vaporizer unit that has a chamber to receive a
cartridge can include a surface to have letters, symbols and other indicia “etched or embossed” onto the device (Fig 1, personal vaporizer unit 100. The “LOGO” (Terry, highlighted with blue rectangle) on the body of the device 100 is representing the “indicia” (Terry, See Fig 1 below for convenience. [85] discloses the cartridge 150 can be received by a chamber).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified inhaler device of Rodney to include a “plurality” of indicia as taught by Terry. The indicia can be included on the inhaler device of Rodney on most surfaces of the invention. The use of indicia can be used to help market, label, or brand the device to ensure that the right medication or right model of device is being used by the user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Huang et al (2026/0083922), Rawert et al (2023/0142260) and Schwab et al (2018/0015238) are inhaler devices that have removable cartridges and an inline body.
Hoekman et al (2016/0101245), Kohnle (8746238), and Warby et al (2008/0283541) are inhaler devices with pressurized and/or propellant gas dispensing designs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMIE H. BISHOP whose telephone number is (571)270-1093. The examiner can normally be reached Mon-Thurs: 7:15am-4:15pm; Friday: 7:15-3:15pm.
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, Timothy Stanis can be reached at (571) 272-5139. 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.
/JAMIE H BISHOP/
Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
