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 inventive Group I and Species B in the reply filed on 1/8/26 is acknowledged.
Claims 2-3 and 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventive groups, there being no allowable generic or linking claim.
Claims 11, 12, and 13-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claims 1, 4-10, and 18-20 are pending and not withdrawn.
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 18-20 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 18 recites, “using the nebuliser outlet and/or the nebuliser of claim 1.” There is insufficient antecedent basis for “the nebuliser of claim 1” in the claim. As such, the claim is indefinite.
Claim 4 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 4 recites, “the nebuliser outlet is configured such that a surface area of liquid provided to the nebuliser outlet is increased when the liquid passes from the tubular channel into the multiple channels, annular channel, or segmented annular channel.” It is unclear how one is to determine that the structure of an outlet is so configured that an arbitrary liquid would have its surface area increase. The word increase suggests a function of time, not a function of structure. Thus, it is unclear whether claim 4 is describing the use of the nebulizer outlet, or the structure of the nebulizer outlet. Accordingly, the claim is rejected as indefinite.
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.
Claims 1, 4, 7-10, 18 are rejected under 35 U.S.C. 102(a)(1) and (2) as being anticipated by US 6,032,876 [Bertsch].
Regarding Claim 1:
Bertsch discloses a nebuliser outlet (abstract) comprising:
one or more first channels, wherein the nebuliser outlet is configured such that liquid received by the nebuliser outlet can pass to one or more nebulisation regions via the one or more first channels (see annotated Fig. 3B below, 6:22-37); and
one or more second channels, wherein the nebuliser outlet is configured such that gas received by the nebuliser outlet can pass to the one or more nebulisation regions via the one or more second channels (see annotated Fig. 3B below, 6:37-42);
wherein the one or more first channels comprise a first portion and a second portion (see annotated Fig. 3b, wherein the first and second portions are separated by the dotted line),
wherein the first portion comprises a tubular channel (Fig. 3B- interior channel defined by tube 30), and wherein the second portion comprises multiple channels, an annular channel, or a segmented annular channel (annotated Fig. 3B shows the multiple channels of the second portion as defined by microtubes (30 and 32)) ; and
wherein the one or more second channels converge with the second portion at the one or more nebulisation regions (as shown in Fig. 3B, the 2nd channel converges with the second portion and towards the nebulisation region at the leftmost extent of outlet).
PNG
media_image1.png
772
858
media_image1.png
Greyscale
Regarding Claim 4:
Bertsch discloses the nebuliser outlet of claim 1, wherein the nebuliser outlet is configured such that a surface area of liquid provided to the nebuliser outlet is increased when the liquid passes from the tubular channel into the multiple channels, annular channel, or segmented annular channel. 8:15-42- when the liquid is nebulized it has a significantly higher surface area, and said nebulization takes place in the second portion.
Regarding Claim 7:
Bertsch discloses the nebuliser outlet of claim 1, wherein the nebuliser outlet is configured such that gas provided to the nebuliser outlet can pass via the one or more second channels to the one or more nebulisation regions (7:1-8), and can nebulise liquid in the one or more nebulisation regions (8:1-14).
Regarding Claim 8:
Bertsch discloses the nebuliser outlet of claim 1, wherein the one or more nebulisation regions are downstream of the nebuliser outlet. 8:15-42.
Regarding Claim 9:
Bertsch discloses the nebuliser outlet of claim 1, wherein the one or more nebulisation regions are within the nebuliser outlet, and the one or more first channels and the one or more second channels converge at the one or more nebulisation regions. As can be seen in Fig. 3, all of the outlets converge to the nebulization region. See also, 8:15-42.
Regarding Claim 10:
Bertsch discloses the nebuliser outlet of claim 1, wherein one or more of the second channels surrounds one or more of the first channels. See Fig. 3B above.
Regarding Claim 18:
Bertsch discloses a method of nebulising a liquid, the method comprising using the nebuliser outlet and/or the nebuliser of claim 1 to nebulise a liquid. 8:15-42.
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.
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 5-6 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bertsch in view of WO 2019/193191 A1 [Schlichting].
Regarding Claims 5-6:
Bertsch teaches the nebuliser outlet of claim 1, but fails to teach that the nebuliser outlet is formed using Selective Laser Melting (SLM).
Schlichting teaches making mass spectrometer components, such as the inlet, outlets, and electrodes described from 29:24-34:15, using the additive manufacturing process of Selective Laser Melting. 34:20-21. It would have been obvious to one of ordinary skill in the art before the effective time of filing to use the SLM manufacturing of Schlichting to make the outlet of Bertsch. One would have been motivated to do so in order to since such a technique is taught to yield suitable precision in a cost-efficient manner. Schlichting 27:31-33.
Regarding Claims 19-20:
Bertsch teaches the nebuliser outlet of claim 1, but fails to teach that the nebuliser outlet is formed using the additive manufacturing process of Selective Laser Melting (SLM).
Schlichting teaches making mass spectrometer components, such as the inlet, outlets, and electrodes described from 29:24-34:15, using the additive manufacturing process of Selective Laser Melting. 34:20-21. It would have been obvious to one of ordinary skill in the art before the effective time of filing to use the SLM manufacturing of Schlichting to make the outlet of Bertsch. One would have been motivated to do so in order to since such a technique is taught to yield suitable precision in a cost-efficient manner. Schlichting 27:31-33.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYATT A STOFFA whose telephone number is (571)270-1782. The examiner can normally be reached M-F 0700-1600 EST.
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, ROBERT KIM can be reached at 571 272 2293. 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.
WYATT STOFFA
Primary Examiner
Art Unit 2881
/WYATT A STOFFA/Primary Examiner, Art Unit 2881