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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 16-22 and 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Gallem et al. (US 2015/0034075, cited in IDS dated August 16, 2023) in view of Gonda et al. (US 2002/0046750).
Regarding claim 16, Gallem discloses an aerosol-generating device (Figure 4, inhalation therapy device 100 generates aerosol 106, [0025]), comprising:
an elongate housing (Figure 4, first casing part 101 and liquid reservoir 104 are “elongate”, [0025]),
and an aerosolisation module detachably insertable into the elongate housing (Figure 4, aerosol generating means 1 is inserted into the casing (also called “oscillatable assembly” in [0024], and is shown separately in Figure 3), [0025]), the aerosolisation module comprising:
a vibratable transducer configured to aerosolise a liquid aerosol-forming substrate (Figure 3, oscillatable generator 3, [0023]),
one or more electrically conductive contacts in electrical communication with the vibratable transducer (Figure 3, contact springs 10a and 10b, [0023]),
wherein the one or more electrically conductive contacts are configured for detachable electrical connection with corresponding electrically conductive contacts of the elongate housing (Figure 3, springs 10a and 10b form detachable connection through through-connections 11a and 11b (which connect with the casing), [0024]),
and a membrane comprising an aerosol generation zone (Figure 3, membrane 2 is part of aerosol generator, [0023]),
the vibratable transducer being operably coupled to the membrane so as to, in use, vibrate the membrane (Figure 3, oscillation generator 3 contacts membrane 2 to oscillate it (i.e. vibrate), [0023]),
wherein the membrane is formed of an electrically conductive material (membrane produced from a conductive material, [0023]),
and a portion of the membrane forms at least one of the one or more electrically conductive contacts of the aerosolisation module (Figure 3, membrane 2 contacts contact springs 10a and 10b to form electrically conductive contacts, [0023]),
the elongate housing is configured to detachably receive the aerosolisation module so as to establish a detachable electrical connection between the corresponding electrically conductive contacts of the elongate housing and the aerosolisation module such that the elongate housing is electrically coupled to the vibratable transducer (Figure 4, aerosol generating means 1 is inserted into the casing (also called “oscillatable assembly” in [0024], and is shown separately in Figure 3), [0025], and is electrically connected to the housing through springs 10a and 10b (see Figure 3 and [0024]),
wherein a sidewall of the elongate housing comprises an aperture (Figure 4, upper left of liquid container 104 is open (i.e. can be considered an aperture), [0025]),
the aperture defining an access opening to a cavity extending within the elongate housing (Figure 4, the opening provides access to receptacles 108 and 109, [0026]),
the one or more electrically conductive contacts of the elongate housing being located in the cavity (Figures 3 and 4, contact springs 10a and 10b are located within the cavity of the device, [0023]),
and wherein the corresponding electrically conductive contacts of the elongate housing and the aerosolisation module are configured such that insertion of the aerosolisation module into the cavity results in electrical connection between the corresponding contacts of the elongate housing and the aerosolisation module (Figures 3 and 4, aerosol generating means 1 is inserted (Figure 3), the contact springs 10a and 10b electrically connect to the housing through through-connections 11a and 11b, see [0024] and [0026]).
Gallem does not explicitly disclose wherein the elongate housing contains a power source.
Gonda teaches a similar aerosol generating device including a transducer and vibrating membrane (see [0229]) wherein the housing contains a power source (device incudes source of power (such as batteries), [0132]). Gonda also teaches that using batteries in the device as the source allows for the device to be portable and hand-held, which compares favorably in size to similar existing devices [0237].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gallem to incorporate the teachings of Gonda to provide a power source in the form of batteries because doing so would allow for the device to be portable and hand-held, which compares favorably in size to similar existing devices, as recognized by Gonda [0237].
Regarding claim 17, modified Gallem discloses the aerosol-generating device according to claim 16, wherein at least one of the one or more electrically conductive contacts of the aerosolisation module forms part of the vibratable transducer (Gallem, Figure 3, contact springs 10a and 10b connect to membrane and oscillation generator to form part of transducer, [0023]).
Regarding claim 18, modified Gallem discloses the aerosol-generating device according to claim 16, wherein the aerosol generation zone is provided with a plurality of nozzles configured for passage there-through of liquid aerosol-forming substrate (Gallem, Figure 4 and [0025] show liquid 105 moving from liquid reservoir 104 to nebulizing chamber 102 when membrane oscillates (so there must be “nozzles” for liquid to pass through), [0025]).
Regarding claim 19, modified Gallem discloses the aerosol-generating device according to claim 16, wherein the one or more electrically conductive contacts of the aerosolisation module comprise a first electrically conductive contact and a second electrically conductive contact (Gallem, Figure 3, contact springs 10a and 10b, [0023]),
and wherein a first portion of the membrane forms the first electrically conductive contact and a second portion of the membrane forms the second electrically conductive contact (Gallem, Figure 3, spring 10a is connected to top of membrane 2 (“first portion”) and spring 10b is connected to bottom of membrane 2 (“second portion”) through oscillation generator 3, [0023]).
Regarding claim 20, modified Gallem discloses the aerosol-generating device according to claim 16, wherein the vibratable transducer comprises at least one actuator (Gallem, actuator included in oscillation generator 3 because “activation signal” is supplied to oscillation generator such as a piezoelectric element through springs 10a and 10b, see [0023]-[0024]).
Regarding claim 21, modified Gallem discloses the aerosol-generating device according to claim 16, wherein the vibratable transducer comprises an annular actuator assembly coupled to a surface of the membrane to encircle the aerosol generation zone, the annular actuator assembly comprising one or more actuators (Gallem, Figure 3, oscillation generator 3 is annular and couples to surface of membrane 2 and has a piezeoelectric element (actuator explained in claim 20 rejection above), [0023]).
Regarding claim 22, modified Gallem discloses the aerosol-generating device according to claim 21, wherein the annular actuator assembly further comprises a single annular actuator (Gallem, Figure 3, oscillation generator 3 is annular and couples to surface of membrane 2 and has a piezeoelectric element (actuator explained in claim 20 rejection above), [0023]).
Regarding claim 26, modified Gallem discloses the aerosol-generating device according to claim 16, further comprising a cradle configured to receive the aerosolisation module, the cradle being removably insertable into the cavity via the access opening (Gallem, Figures 3 and 4, encapsulating means 5 is cradle and aerosol generating means 1 is inserted into receptacles 108 and 109, [0024] and [0026]).
Regarding claim 27, modified Gallem discloses the aerosol-generating device according to claim 26, wherein the cradle and the aerosolisation module are keyed to each other such that the aerosolisation module is receivable in the cradle in a predetermined orientation (Gallem, Figure 4, aerosol generating means 1 is inserted into receptacles 108 and 109 in predetermined orientation, see [0014] and [0026]).
Regarding claim 28, modified Gallem discloses the aerosol-generating device according to claim 16, wherein either or both of the cradle and the housing are further configured to prevent uncoupling of the cradle from the housing (Gallem, Figure 4, casing parts 101 and 104 contain receptacles 108 and 109 to receive aerosol generator 1 (and therefore encapsulating means 5), which are presumably capable of preventing uncoupling, [0026]).
Regarding claim 29, modified Gallem discloses the aerosol-generating device according to claim 26, wherein the cradle is profiled to define a substantially flush fit with the sidewall of the elongate housing after insertion of the cradle into the cavity (Gallem, Figures 3 and 4, see flush fit of encapsulating means 5 with at least receptacles 108 and 109, [0024] and [0026]).
Claims 23-25 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Gallem et al. (US 2015/0034075, cited in IDS dated August 16, 2023) in view of Gonda et al. (US 2002/0046750) as applied to claims 16 and 21 above, and further in view of Humberstone et al. (US 5,518,179).
Regarding claim 23, modified Gallem discloses the aerosol-generating device according to claim 21, as set forth above. Modified Gallem fails to disclose wherein the annular actuator assembly further comprises two or more actuators arranged circumferentially relative to each other to define an annulus encircling the aerosol generation zone.
Humberstone teaches a similar aerosol generating device including annular actuators wherein the annular actuator assembly further comprises two or more actuators arranged circumferentially relative to each other to define an annulus encircling the aerosol generation zone (Figures 2A and 2B, brass annulus 71 and ceramic annulus 72 are actuators (piezoelectric in this case) which encircle perforate membrane 5 (which is the aerosol generation zone), col. 7 lines 38-60). Humberstone also teaches that this orientation helps to simplify manufacturing by providing a simple and low cost apparatus and most efficient operation, resulting in the use of less energy to drive the vibration means (col. 2 lines 29-43 and col. 5 lines 28-35).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gallem to incorporate the teachings of Humberstone to have two annular actuators encircling the aerosol generation zone because doing so would provide a simple and low cost apparatus and most efficient operation, resulting in the use of less energy to drive the vibration means, as recognized by Humberstone (col. 2 lines 29-43 and col. 5 lines 28-35).
Regarding claim 24, modified Gallem discloses the aerosol-generating device according to claim 16, as set forth above. Gallem fails to disclose wherein the vibratable transducer comprises a pair of annular actuator assemblies provided as a first annular actuator assembly and a second annular actuator assembly, each of the first and the second annular actuator assemblies comprising one or more actuators, the first and the second annular actuator assemblies being arranged to couple to opposing surfaces of the membrane such that an annulus of the membrane is confined between the first and the second annular actuator assemblies, the annulus encircling the aerosol generation zone, and wherein the one or more electrically conductive contacts of the aerosolisation module comprise one or more first electrically conductive contacts in electrical communication with the first annular actuator assembly and one or more second electrically conductive contacts in electrical communication with the second annular actuator assembly.
Humberstone teaches a similar aerosol generating device including annular actuators wherein the vibratable transducer comprises a pair of annular actuator assemblies provided as a first annular actuator assembly and a second annular actuator assembly (Figures 2A and 2B, brass annulus 71 and ceramic annulus 72 are actuators (piezoelectric in this case), col. 7 lines 38-60),
each of the first and the second annular actuator assemblies comprising one or more actuators (Figures 2A and 2B, brass annulus 71 and ceramic annulus 72 are singular actuators (piezoelectric in this case), col. 7 lines 38-60) ,
the first and the second annular actuator assemblies being arranged to couple to opposing surfaces of the membrane such that an annulus of the membrane is confined between the first and the second annular actuator assemblies (Figures 2A and 2B, perforate membrane 5 is bonded between brass annulus 71 and ceramic annulus 72, col. 7 lines 38-60),
the annulus encircling the aerosol generation zone (Figures 2A and 2B, brass annulus 71 and ceramic annulus 72 which encircle perforate membrane 5 (which is the aerosol generation zone), col. 7 lines 38-60),
and wherein the one or more electrically conductive contacts of the aerosolisation module comprise one or more first electrically conductive contacts in electrical communication with the first annular actuator assembly and one or more second electrically conductive contacts in electrical communication with the second annular actuator assembly (when the configuration of the brass annulus and ceramic annulus of Humberstone are combined by Gallem, the contact springs 10a and 10b of Gallem (see Figure 3 and [0023]) would contact each annulus of Humberstone). Humberstone also teaches that this orientation helps to simplify manufacturing by providing a simple and low cost apparatus and most efficient operation, resulting in the use of less energy to drive the vibration means (col. 2 lines 29-43 and col. 5 lines 28-35).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gallem to incorporate the teachings of Humberstone to have two annular actuators encircling the aerosol generation zone and to have the membrane confined between because doing so would provide a simple and low cost apparatus and most efficient operation, resulting in the use of less energy to drive the vibration means, as recognized by Humberstone (col. 2 lines 29-43 and col. 5 lines 28-35).
Regarding claim 25, modified Gallem discloses the aerosol-generating device according to claim 24, wherein either or both of the first and the second annular actuator assemblies comprises a single annular actuator (Humberstone, Figures 2A and 2B, brass annulus 71 and ceramic annulus 72 are singular actuators (piezoelectric in this case), col. 7 lines 38-60).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Gallem et al. (US 2015/0034075, cited in IDS dated August 16, 2023) in view of Gonda et al. (US 2002/0046750) and Borgschulte et al. (US 2006/0213503).
Regarding claim 30, Gallem discloses a kit of parts, the parts when assembled forming an aerosol-generating device, the parts comprising:
an elongate housing (Figure 4, first casing part 101 and liquid reservoir 104 are “elongate”, [0025]);
a first aerosolisation module (Figure 4, aerosol generating means 1 is inserted into the casing (also called “oscillatable assembly” in [0024], and is shown separately in Figure 3), [0025]);
and a second aerosolisation module (Figure 4, aerosol generating means 1 is inserted into the casing (also called “oscillatable assembly” in [0024], and is shown separately in Figure 3), this could be a 2nd separate copy of the aerosol generating means 1, [0025]),
each of the first and the second aerosolisation modules comprising: a vibratable transducer configured to aerosolise a liquid aerosol-forming substrate (Figure 3, oscillatable generator 3, [0023]),
one or more electrically conductive contacts in electrical communication with the vibratable transducer (Figure 3, contact springs 10a and 10b, [0023]),
wherein the one or more electrically conductive contacts are configured for detachable electrical connection with corresponding electrically conductive contacts of the elongate housing (Figure 3, springs 10a and 10b form detachable connection through through-connections 11a and 11b (which connect with the casing), [0024]),
and a membrane comprising an aerosol generation zone (Figure 3, membrane 2 is part of aerosol generator, [0023]),
the vibratable transducer being operably coupled to the membrane so as to, in use, vibrate the membrane (Figure 3, oscillation generator 3 contacts membrane 2 to oscillate it (i.e. vibrate), [0023]),
wherein the membrane is formed of an electrically conductive material (membrane produced from a conductive material, [0023]),
and a portion of the membrane forms at least one of the one or more electrically conductive contacts of the first and the second aerosolisation modules (Figure 3, membrane 2 contacts contact springs 10a and 10b to form electrically conductive contacts, [0023]),
the elongate housing is configured to detachably receive one of the first and the second aerosolisation modules so as to establish a detachable electrical connection between the corresponding electrically conductive contacts of the elongate housing and the respective aerosolisation module such that the elongate housing is electrically coupled to the vibratable transducer (Figure 4, aerosol generating means 1 is inserted into the casing (also called “oscillatable assembly” in [0024], and is shown separately in Figure 3), [0025], and is electrically connected to the housing through springs 10a and 10b (see Figure 3 and [0024]),
wherein a sidewall of the elongate housing comprises an aperture (Figure 4, upper left of liquid container 104 is open (i.e. can be considered an aperture), [0025]),
the aperture defining an access opening to a cavity extending within the elongate housing (Figure 4, the opening provides access to receptacles 108 and 109, [0026]),
the one or more electrically conductive contacts of the elongate housing located in the cavity (Figures 3 and 4, contact springs 10a and 10b are located within the cavity of the device, [0023]),
wherein the corresponding electrically conductive contacts of the elongate housing and the first and the second aerosolisation modules are configured such that insertion of the first and the second aerosolisation modules into the cavity results in electrical connection between the corresponding contacts of the elongate housing and the first and the second aerosolisation modules (Figures 3 and 4, aerosol generating means 1 is inserted (Figure 3), the contact springs 10a and 10b electrically connect to the housing through through-connections 11a and 11b, see [0024] and [0026]),
wherein the first and the second aerosolisation modules are interchangeable with each other in the elongate housing so as to be detachably received in the elongate housing (since aerosol generating means 1 are detachable, they are interchangeable),
Gallem does not explicitly disclose wherein the elongate housing contains a power source.
Gonda teaches a similar aerosol generating device including a transducer and vibrating membrane (see [0229]) wherein the housing contains a power source (device incudes source of power (such as batteries), [0132]). Gonda also teaches that using batteries in the device as the source allows for the device to be portable and hand-held, which compares favorably in size to similar existing devices [0237].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gallem to incorporate the teachings of Gonda to provide a power source in the form of batteries because doing so would allow for the device to be portable and hand-held, which compares favorably in size to similar existing devices, as recognized by Gonda [0237].
Gallem also fails to disclose wherein the first aerosolisation module is further configured to generate a first aerosol emission pattern and the second aerosolisation module is further configured to generate a second aerosol emission pattern, the first and the second aerosol emission patterns being distinct from each other.
Borgschulte teaches a similar aerosol generating device including an oscillatable membrane wherein the aersolization module can provide two different aerosol emission patterns (Figures 2a and 2b, membrane 3 shown at two different working frequencies which generates aerosols with different droplet spectra (and therefore patterns), [0058]). Borgschulte also teaches that it is desirable to have two different droplet spectrums of the aerosol (through different working frequencies) at least because of different requirements of different users of the device and also the ease of use (not having to have two different devices) [0008]-[0011].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gallem to incorporate the teachings of Borgschulte to provide the aerosolization module(s) with the ability to generate different aerosol patterns (through different working frequencies) because doing so would allow for the device to meet different requirements of different users of the device and also improve ease of use (not having to have two different devices), as recognized by Borgschulte [0008]-[0011].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam Z. Baratz whose telephone number is (703)756-1613. The examiner can normally be reached Monday-Thursday 6:30 - 4:30 CT.
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/A.Z.B./Examiner, Art Unit 1747
/KATHERINE A WILL/Primary Examiner, Art Unit 1747