DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 is 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 20 recites “wherein said control means are configured to move said retainer in 180 degree turns about the axis to thereby provide a shaking effect for the inhaler retained by said retainer”. It is unclear how a control means move a retainer because control means are typically a processor or control unit for performing calculations of input signals and subsequently providing output signals. The control means does not appear to include structural features to perform the 180 degree turns as required by the claim. Thus, it is suggested that Applicant further include structural features working in conjunction with the control means to move the retainer as claimed to overcome the rejection.
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 15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Farina (US Publication 2023/0321370).
With regards to claim 15, Farina discloses an apparatus for use in inhaler testing (FIG. 1A-B, [0003]), comprising:
a frame (150; [0103]; FIG. 1A-B);
a retainer (a part of 140 holding 145) configured to retain an inhaler (145; [0102-0103]; FIG. 1A-B);
a shaking mechanism (a part of 140 performing the actuation or shaking of 145; FIG. 1A-B) on said frame coupled to said retainer and configured to move said retainer about an axis from a first orientation of the inhaler retained by said retainer to a second orientation of the inhaler retained by said retainer, and repeat the movement of said retainer between the first and second orientations ([0065, 0068, 0102-0103]); and
control means (1001) on said frame coupled to and for controlling said shaking mechanism ([0116-0117]).
With regards to claim 16, Faron discloses the apparatus of claim 15, wherein said retainer is configured to retain the inhaler and movement of said retainer by said shaking mechanism causes shaking of the inhaler when retained by said retainer ([0065, 0068, 0102]).
With regards to claim 17, Faron discloses the apparatus of claim 15, wherein said shaking mechanism comprises an actuator (a part of 140) having at least one output shaft connected to said retainer ([0065, 0068, 0102]).
With regards to claim 18, Faron discloses the apparatus of claim 15, wherein said control means comprise a control and display panel on said frame to enable input of commands for performing shaking of said retainer ([0117]).
With regards to claim 19, Faron discloses the apparatus of claim 15, wherein the first orientation of the inhaler retained by said retainer is a vertical orientation and the second orientation of the inhaler retained by said retainer is an upside down state such that the inhaler is moved in 180 degree turns about the axis to thereby provide a shaking effect for the inhaler retained by said retainer ([0065, 0068, 0102]).
With regards to claim 20, Faron discloses the apparatus of claim 15, wherein said control means are configured to move said retainer in 180 degree turns about the axis to thereby provide a shaking effect for the inhaler retained by said retainer ([0065, 0068, 0102, 0117]).
Allowable Subject Matter
Claims 1-14 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior arts on record fail to anticipate and/or suggest the combination of the claimed invention. Specifically, the prior arts fail to teach, inter alia, the limitation of “a control unit on said frame that controls said carousel, said first actuating means, said second actuating means and said third actuating means to move said carousal relative to the inhaler when retained by said inhaler retaining apparatus to cause controlled shaking of said inhaler and delivery of material from the inhaler into each of the tubes when retained by said carousel, whereby analysis of the material in the tubes constitutes a test of the inhaler.”
The closest prior art, Bridge et al. (US Publication 2008/0047372), teaches an inhaler testing apparatus (FIG. 2) similar to the instant invention. Bridge teaches a frame (rectangular frame in FIG. 2), a rotatable carousel (56), an inhaler retaining apparatus (68), first actuating means ([0077]), second actuating means ([0075]), and third actuating means ([0075]). Even though Bridge teaches the structural features of the claimed invention, Bridge does not teach the mentioned claimed limitation. Specifically, Bridge teaches testing multiple inhalers located on carousel 56 and selected individually to be carried by retaining apparatus 68 to several stations including 76 for testing. Whereas, the claimed invention teaches testing a single inhaler multiple times by spraying into the carousel. Thus, Bridge does not teach the invention of claims 1 and 10.
Another related prior art, Westmoreland et al. (US Publication 2008/0316857; IDS dated 10/16/2023 US Publication Cite No. 1), teaches an inhaler shaking device (abstract). However, Westmoreland does not further teach a rotatable carousel as required by the claimed invention. Thus, Westmoreland does not teach the claimed invention including the limitation as mentioned above.
It is additionally noted that foreign application, Song et al (CN 116929734 A), teaches what appears to be the disclosed invention. However, the publication date is 10/24/2023, which is after the filing date of the instant invention. Thus, Song et al. is not a prior art.
Response to Arguments
Applicant’s arguments with respect to claims 15-20 have been considered but are moot because the new ground of rejection does not rely on the reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG X.L NGUYEN whose telephone number is (571)272-1585. The examiner can normally be reached Monday-Friday 9AM-5PM.
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, STEPHEN D. MEIER can be reached at (571) 272-2149. 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.
/QXN/Examiner, Art Unit 2853
/STEPHEN D MEIER/Supervisory Patent Examiner, Art Unit 2853