DETAILED ACTION
Primary Examiner acknowledges Claims 1-9 are pending in this application, as originally filed on April 5, 2024.
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.
Claims 1-9 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.
Specifically, Claim 1, Lines 28 and 29 recite “in a case that an inhaling time is equal to or longer than a predetermined upper limit time, stop supplying power from the battery to the atomizer”; however, the breadth and scope of this limitation is unclear. Primary Examiner is unsure what is the meaning of “inhaling time” as well as the meaning of “a predetermined upper limit time”. Regarding the term “inhaling time”, is this term in reference to the amount of time the patient needs receive a dose, the amount of time remaining within the battery capacity, or some other feature? Regarding the term “predetermined upper limit time”, is this term in reference to the maximum amount of time the patient needs to receive a complete dose, the amount of time left within the battery capacity, or some other feature?
Applicant is reminded, Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In this particular case, turning to the original specification as filed, there appears to be no explicit clarity to the meanings of “inhaling time” and “predetermined upper limit time”.
With respect to “inhaling time” is only referenced in – “[0112] The processing proceeds to the step 316 and the controller 106 sets the inhaling time (TL), which can be stored in the memory 114, the controller 106, etc., to 0. [0113] The processing proceeds to the step 318 and the controller 106 waits until the predetermined time Δt elapses, and sets TL to "TL = TL + Δt. [0114] The processing proceeds to the step 320 and the controller 106 determines whether or not the end of the puffing has been detected. In one example, if the sensor 112 includes a pressure sensor, the controller 106 may determine that the puffing has ended when the pressure acquired from the sensor 112 becomes equal to or lower than a predetermined value. When the end of the puffing has been detected ("Yes" in the step 320), the processing proceeds to the step 324. When the end of the puffing is not detected ("No" in the step 320), the processing proceeds to the step 322 and the controller 106 determines whether or not TL is equal to or longer than the predetermined upper limit time. If TL is not equal to or longer than the predetermined upper limit time ("No" in the step 322), the processing goes back to the stage before the step 318. If TL is equal to or longer than the predetermined upper limit time ("Yes" in the step 322), the processing proceeds to the step 324.”; “[0117] Note that, if the end of the puffing is not detected ("No" in the step 320) and TL is equal to or longer than the predetermined upper limit time ("Yes" in the step 322), the controller 106 may continue the function of the notifying part 108 in the second mode (for example, the mode at the time of normal inhaling) until the end of the puffing is detected after the energization of the atomizing part 118 was stopped in the step 324. After that, in the step 326, the controller 106 stops the function of the notifying part 108. Since the notifying part 108 continues to function in the second mode as long as the puffing continues, it is made possible to stop the aerosol generation and suppress decrease in the user experience which may cause the user to develop a feeling of strangeness. [0118] The processing proceeds to the step 328 and the controller 106 sets the cumulative time TA, which can be stored in the memory 114, the controller 106, etc., to "TA = TA + TL."” and “[0195] … In this case, the controller 106 may estimate the capacity of the element based on the number of inhaling times acquired from the memory 114. …”. However, the breadth and scope of “inhaling time” remains unclear.
With respect to the “predetermined upper limit time”, the term is only referenced in “[0114] The processing proceeds to the step 320 and the controller 106 determines whether or not the end of the puffing has been detected. In one example, if the sensor 112 includes a pressure sensor, the controller 106 may determine that the puffing has ended when the pressure acquired from the sensor 112 becomes equal to or lower than a predetermined value. When the end of the puffing has been detected ("Yes" in the step 320), the processing proceeds to the step 324. When the end of the puffing is not detected ("No" in the step 320), the processing proceeds to the step 322 and the controller 106 determines whether or not TL is equal to or longer than the predetermined upper limit time. If TL is not equal to or longer than the predetermined upper limit time ("No" in the step 322), the processing goes back to the stage before the step 318. If TL is equal to or longer than the predetermined upper limit time ("Yes" in the step 322), the processing proceeds to the step 324.” And “[0117] Note that, if the end of the puffing is not detected ("No" in the step 320) and TL is equal to or longer than the predetermined upper limit time ("Yes" in the step 322), the controller 106 may continue the function of the notifying part 108 in the second mode (for example, the mode at the time of normal inhaling) until the end of the puffing is detected after the energization of the atomizing part 118 was stopped in the step 324. After that, in the step 326, the controller 106 stops the function of the notifying part 108. Since the notifying part 108 continues to function in the second mode as long as the puffing continues, it is made possible to stop the aerosol generation and suppress decrease in the user experience which may cause the user to develop a feeling of strangeness.”
In light of the aforementioned reasoning, it appears the breadth and scope of the “inhaling time” and “predetermined upper limit time” are unclear. Dependent claims, Claims 2-9, in corporate the indefinite subject matter from which they depend. Appropriate correction and clarification is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 11,992,062 in view of Xiang (2017/0360097, the 371 national stage entry of PCT/CN2014/095083 – wherein the PCT has a publication date of 20160603 – which discloses the conflicting subject matter before the effective filing date of this instant application).
Instant Application: 18/627,473
Differences Underlined
Patent: 11,992,062
1. An inhaler device comprising:
a battery;
an atomizer configured to consume a power of the battery to generate aerosol;
a pressure sensor configured to detect pressure in an air intake path of the inhaler device;
a light emitting diode (LED) configured to output a notification to a user of the inhaler device; and
circuitry configured to determine, based on a signal output by the pressure sensor, whether a criterion for triggering generation of the aerosol by the atomizer has been satisfied; and
detect an output voltage of the battery upon determining that the criterion for generation of the aerosol by the atomizer has been satisfied;
in a case that the detected output voltage of the battery is less than a discharging cutoff voltage to power to the atomizer to generate aerosol and the criterion for triggering generation of the aerosol by the atomizer has been satisfied, control the LED to function in a first mode and limit a supply of power from the battery to the atomizer;
in a case that the detected output voltage of the battery is greater than the discharging cutoff voltage to power to the atomizer to generate aerosol and the criterion for triggering generation of the aerosol by the atomizer has been satisfied, control the LED to function in a second mode and supply power from the battery to the atomizer to generate aerosol;
detect the output voltage of the battery while performing control to supply power from the battery to the atomizer to generate aerosol;
in a case that the detected output voltage of the battery while performing control to supply power from the battery to the atomizer to generate aerosol is less than the discharging cutoff voltage, control the LED to function in a third mode and stop the supply of power from the battery to the atomizer; and in a case that an inhaling time is equal to or longer than a predetermined upper limit time, stop supplying power from the battery to the atomizer.
1. An inhaler device comprising:
a battery;
an atomizer configured to consume a power of the battery to generate aerosol;
a pressure sensor configured to detect pressure in an air intake path of the inhaler device;
a light emitting diode (LED) configured to output a notification to a user of the inhaler device; and
circuitry configured to determine, based on a signal output by the pressure sensor, whether a criterion for triggering generation of the aerosol by the atomizer has been satisfied; and
detect an output voltage of the battery upon determining that the criterion for generation of the aerosol by the atomizer has been satisfied;
in a case that the detected output voltage of the battery is less than a discharging cutoff voltage to power to the atomizer to generate aerosol and the criterion for triggering generation of the aerosol by the atomizer has been satisfied, control the LED to function in a first mode and limit a supply of power from the battery to the atomizer;
in a case that the detected output voltage of the battery is greater than the discharging cutoff voltage to power to the atomizer to generate aerosol and the criterion for triggering generation of the aerosol by the atomizer has been satisfied, control the LED to function in a second mode and supply power from the battery to the atomizer to generate aerosol;
detect the output voltage of the battery while performing control to supply power from the battery to the atomizer to generate aerosol; and
in a case that the detected output voltage of the battery while performing control to supply power from the battery to the atomizer to generate aerosol is less than the discharging cutoff voltage, control the LED to function in a third mode and stop the supply of power from the battery to the atomizer.
2. The inhaler device of claim 1, wherein the circuitry is configured to:
detect the output voltage of the battery prior to discharging power from the battery to the atomizer upon determining that the criterion for generation of the aerosol by the atomizer has been satisfied.
2. The inhaler device of claim 1, wherein the circuitry is configured to:
detect the output voltage of the battery prior to discharging power from the battery to the atomizer upon determining that the criterion for generation of the aerosol by the atomizer has been satisfied.
3. The inhaler device of claim 1, wherein the criterion for triggering generation of the aerosol by the atomizer is that the detected pressure indicates that an inhalation operation is performed by the user of the inhaler device.
3. The inhaler device of claim 1, wherein the criterion for triggering generation of the aerosol by the atomizer is that the detected pressure indicates that an inhalation operation is performed by the user of the inhaler device.
4. The inhaler device of claim 1, wherein the circuitry is configured to control the LED to continue functioning in the second mode for a predetermined period of time after power is no longer supplied from the battery to the atomizer.
4. The inhaler device of claim 1, wherein the circuitry is configured to control the LED to continue functioning in the second mode for a predetermined period of time after power is no longer supplied from the battery to the atomizer.
5. The inhaler device of claim 1, wherein the circuitry is configured to stop supplying power to the atomizer when a criterion for stopping generation of the aerosol has been satisfied.
5. The inhaler device of claim 1, wherein the circuitry is configured to stop supplying power to the atomizer when a criterion for stopping generation of the aerosol has been satisfied.
6. The inhaler device of claim 5, wherein the criterion for stopping generation of the aerosol is that the detected pressure indicates that an inhalation operation is no longer performed by a user of the inhaler device.
6. The inhaler device of claim 5, wherein the criterion for stopping generation of the aerosol is that the detected pressure indicates that an inhalation operation is no longer performed by a user of the inhaler device.
7. The inhaler device of claim 1, wherein the circuitry is configured to control the LED to emit light having a first pattern in the first mode and emit light having a second pattern, which is different from the first pattern, in the second mode.
7. The inhaler device of claim 1, wherein the circuitry is configured to control the LED to emit light having a first pattern in the first mode and emit light having a second pattern, which is different from the first pattern, in the second mode.
8. The inhaler device of claim 1, wherein the discharging cutoff voltage is a predetermined threshold voltage.
8. The inhaler device of claim 1, wherein the discharging cutoff voltage is a predetermined threshold voltage.
9. The inhaler device of claim 1, wherein, in a case that the detected output voltage of the battery while performing control to supply power from the battery to the atomizer to generate aerosol is less than the discharging cutoff voltage, the circuitry is configured to stop the supply of power from the battery to the atomizer by performing interrupt processing to the control to supply power from the battery to the atomizer.
9. The inhaler device of claim 1, wherein, in a case that the detected output voltage of the battery while performing control to supply power from the battery to the atomizer to generate aerosol is less than the discharging cutoff voltage, the circuitry is configured to stop the supply of power from the battery to the atomizer by performing interrupt processing to the control to supply power from the battery to the atomizer.
Yet, the ‘062 patent does not expressly disclose the features “in a case that an inhaling time is equal to or longer than a predetermined upper limit time, stop supplying power from the battery to the atomizer.”
Xiang teaches an additional inhaler device (“an electronic cigarette” of Figure 3, “Based on the same inventive concept, referring to FIG. 3, the embodiment of the present invention also provides an electronic cigarette comprising an atomizing assembly 10 and a battery assembly 20” Para 0091) comprising: a battery (20, “Based on the same inventive concept, referring to FIG. 3, the embodiment of the present invention also provides an electronic cigarette comprising an atomizing assembly 10 and a battery assembly 20” Para 0091 “The atomizing assembly 10 is provided with an interface circuit 101, an atomization circuit 102 and a main circuit 103; the interface circuit 101 is configured for detachably connecting to the battery assembly 20, the atomization circuit 102 and the main circuit 103 are connected to the interface circuit 101” Para 0092); an atomizer (10, “Based on the same inventive concept, referring to FIG. 3, the embodiment of the present invention also provides an electronic cigarette comprising an atomizing assembly 10 and a battery assembly 20” Para 0091 “The atomizing assembly 10 is provided with an interface circuit 101, an atomization circuit 102 and a main circuit 103; the interface circuit 101 is configured for detachably connecting to the battery assembly 20, the atomization circuit 102 and the main circuit 103 are connected to the interface circuit 101” Para 0092), a pressure sensor (“The smoking action detection circuit 202 is provided with an air flow sensor or a touch switch, and is not specifically limited thereto” Para 0096 – whereby conventional practice notes airflow sensors and pressure sensors are functional equivalents); a light emitting diode (via 204, “Specifically, a model of the microcontroller 203 may be STM32F030, and the display screen 204 may be made of an organic light-emitting diode (OLED), a liquid crystal display (LCD), a light-emitting diode (LED) Screen or LED light array.” Para 0102); and circuitry (103, “The main circuit 103 is configured for calculating available smoking time based on actual turn-on time of the atomization circuit 102 after being electrically connected to the battery assembly 20 through the interface circuit 101, so that when the available smoking time is less than or equal to the first preset value, a prompt message is outputted to remind a user that e-liquid is almost to be exhausted and the available smoking time and/or available smoking times of the electronic cigarette is outputted; and when the available smoking time is less than or equal to a second preset value, the atomization circuit 102 is controlled to be in a turn-off state.” Para 0093), wherein the circuitry is utilized to detect an output voltage (“In the present embodiment, similar to the first embodiment, a memory of the electronic cigarette stores a first preset value and a second preset value which are relating to the amount of e-liquid, and available smoking time updated after each smoking to indicate the amount of current remaining e-liquid of the electronic cigarette.” Para 0094 – whereby conventional practice notes current and voltage are intimately related by Ohm’s Law; also see: “Specifically, referring to FIG. 12, the atomizing assembly 10 further comprises a current detection circuit 104 connected to the atomization circuit 102 and the main circuit 103, the current detection circuit 104 is configured for detecting a current signal of the atomization circuit 102 after the main circuit 103 and the battery assembly 20 are electrically connected to each other, and then feeding back an actual turn-on situation of the atomization circuit 102 to the main circuit 103 based on the current signal.” Para 0126).
Regarding the remaining limitations of the claims, Xiang teaches the relationship between the first preset value and the second preset value – “The first predetermined value may be usage time corresponding to a low level of the e-liquid in the electronic cigarette, and the low level of the e-liquid is specific to 1/n of the initial amount of e-liquid in the electronic cigarette, and n may be an integer of 3, 4, 5 and the like, and is not specifically limited; the second preset value is usage time corresponding to the minimum usable amount of the e-liquid, and the second preset value is less than the first preset value.” (Para 0094); and the available smoke (smoking) time – “available smoking time updated after each smoking to indicate the amount of current remaining e-liquid of the electronic cigarette” (Para 0007; also see Para 0055). The concept of “available smoke time” of Xiang correlates to the claimed “inhaling time”; while the concept of “second preset value” correlates to the claimed “a predetermined upper limit time”.
Hence, when the claimed “inhaling time” or “available smoke time” of Xiang before being updated is equal to the claimed “predetermined upper limit time” or “second preset value” of Xiang, the power supplied to from the battery to the atomizer is stopped in the claimed invention which is equal the configuration described in Xiang where “In contrast, if the currently available smoking time is less than or equal to the second preset value, it indicates that the electronic cigarette currently has no remaining e-liquid, the user can not continue smoking, the battery assembly 20 stops to supply the electrical power to the resistance wire R1, i.e., the atomization circuit 102 is disconnected from the power supply.” (Para 0112).
In this configuration, the resultant effect is the ability to prevent incomplete treatment by the inhaler device to the patient.
Regarding the language of “predetermined upper limit time” of the claims, as compared to the “second preset value” of Xiang, it is noted in Para 0113, where Xiang states the configuration of the “second preset value” as a time - “The first preset value can be set to 4 hours, the second preset value can be set to 1 minute, then, when the available smoking time read by the microcontroller is greater than or equal to 4 hours, the battery assembly 10 supplies electrical power to the resistance wire R1; when the available smoking time is less than 4 hours and greater than 1 minute, the battery assembly 10 outputs the prompt information for reminding the user that the e-liquid is almost to be exhausted, and outputs the available smoking time and/or the available smoking times of the electronic cigarette as well, and further supplies electrical power to the resistance wire R1; when the available smoking time is less than or equal to 1 minute, the battery assembly 20 stops to supply electrical power to the resistance wire R1.” (Para 0113).
Although Xiang does not appear to consider if the “inhaling time is longer than a predetermined upper limit time”, it should be noted the breadth and scope of the claims only require one alternative to meet the limitations of the claims by the recitation of “equal to or longer than”.
As noted above, the subject matter of Claims 2-9 of the patent 11,992,062 are commensurate in scope with the subject matter of instant claims, Claims 2-9 of the application.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the claimed “inhaling time” and claimed “predetermined upper limit time” of 11,992,062 to be concerned with the configuration of the inhaling time being equal to the predetermined upper limit time, as taught by Xiang to prevent incomplete treatment by the inhaler device to the patient.
Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 11,992,062 in view of Hickle et al. (2003/0135087).
Instant Application: 18/627,473
Differences Underlined
Patent: 11,992,062
1. An inhaler device comprising:
a battery;
an atomizer configured to consume a power of the battery to generate aerosol;
a pressure sensor configured to detect pressure in an air intake path of the inhaler device;
a light emitting diode (LED) configured to output a notification to a user of the inhaler device; and
circuitry configured to determine, based on a signal output by the pressure sensor, whether a criterion for triggering generation of the aerosol by the atomizer has been satisfied; and
detect an output voltage of the battery upon determining that the criterion for generation of the aerosol by the atomizer has been satisfied;
in a case that the detected output voltage of the battery is less than a discharging cutoff voltage to power to the atomizer to generate aerosol and the criterion for triggering generation of the aerosol by the atomizer has been satisfied, control the LED to function in a first mode and limit a supply of power from the battery to the atomizer;
in a case that the detected output voltage of the battery is greater than the discharging cutoff voltage to power to the atomizer to generate aerosol and the criterion for triggering generation of the aerosol by the atomizer has been satisfied, control the LED to function in a second mode and supply power from the battery to the atomizer to generate aerosol;
detect the output voltage of the battery while performing control to supply power from the battery to the atomizer to generate aerosol;
in a case that the detected output voltage of the battery while performing control to supply power from the battery to the atomizer to generate aerosol is less than the discharging cutoff voltage, control the LED to function in a third mode and stop the supply of power from the battery to the atomizer; and in a case that an inhaling time is equal to or longer than a predetermined upper limit time, stop supplying power from the battery to the atomizer.
1. An inhaler device comprising:
a battery;
an atomizer configured to consume a power of the battery to generate aerosol;
a pressure sensor configured to detect pressure in an air intake path of the inhaler device;
a light emitting diode (LED) configured to output a notification to a user of the inhaler device; and
circuitry configured to determine, based on a signal output by the pressure sensor, whether a criterion for triggering generation of the aerosol by the atomizer has been satisfied; and
detect an output voltage of the battery upon determining that the criterion for generation of the aerosol by the atomizer has been satisfied;
in a case that the detected output voltage of the battery is less than a discharging cutoff voltage to power to the atomizer to generate aerosol and the criterion for triggering generation of the aerosol by the atomizer has been satisfied, control the LED to function in a first mode and limit a supply of power from the battery to the atomizer;
in a case that the detected output voltage of the battery is greater than the discharging cutoff voltage to power to the atomizer to generate aerosol and the criterion for triggering generation of the aerosol by the atomizer has been satisfied, control the LED to function in a second mode and supply power from the battery to the atomizer to generate aerosol;
detect the output voltage of the battery while performing control to supply power from the battery to the atomizer to generate aerosol; and
in a case that the detected output voltage of the battery while performing control to supply power from the battery to the atomizer to generate aerosol is less than the discharging cutoff voltage, control the LED to function in a third mode and stop the supply of power from the battery to the atomizer.
2. The inhaler device of claim 1, wherein the circuitry is configured to:
detect the output voltage of the battery prior to discharging power from the battery to the atomizer upon determining that the criterion for generation of the aerosol by the atomizer has been satisfied.
2. The inhaler device of claim 1, wherein the circuitry is configured to:
detect the output voltage of the battery prior to discharging power from the battery to the atomizer upon determining that the criterion for generation of the aerosol by the atomizer has been satisfied.
3. The inhaler device of claim 1, wherein the criterion for triggering generation of the aerosol by the atomizer is that the detected pressure indicates that an inhalation operation is performed by the user of the inhaler device.
3. The inhaler device of claim 1, wherein the criterion for triggering generation of the aerosol by the atomizer is that the detected pressure indicates that an inhalation operation is performed by the user of the inhaler device.
4. The inhaler device of claim 1, wherein the circuitry is configured to control the LED to continue functioning in the second mode for a predetermined period of time after power is no longer supplied from the battery to the atomizer.
4. The inhaler device of claim 1, wherein the circuitry is configured to control the LED to continue functioning in the second mode for a predetermined period of time after power is no longer supplied from the battery to the atomizer.
5. The inhaler device of claim 1, wherein the circuitry is configured to stop supplying power to the atomizer when a criterion for stopping generation of the aerosol has been satisfied.
5. The inhaler device of claim 1, wherein the circuitry is configured to stop supplying power to the atomizer when a criterion for stopping generation of the aerosol has been satisfied.
6. The inhaler device of claim 5, wherein the criterion for stopping generation of the aerosol is that the detected pressure indicates that an inhalation operation is no longer performed by a user of the inhaler device.
6. The inhaler device of claim 5, wherein the criterion for stopping generation of the aerosol is that the detected pressure indicates that an inhalation operation is no longer performed by a user of the inhaler device.
7. The inhaler device of claim 1, wherein the circuitry is configured to control the LED to emit light having a first pattern in the first mode and emit light having a second pattern, which is different from the first pattern, in the second mode.
7. The inhaler device of claim 1, wherein the circuitry is configured to control the LED to emit light having a first pattern in the first mode and emit light having a second pattern, which is different from the first pattern, in the second mode.
8. The inhaler device of claim 1, wherein the discharging cutoff voltage is a predetermined threshold voltage.
8. The inhaler device of claim 1, wherein the discharging cutoff voltage is a predetermined threshold voltage.
9. The inhaler device of claim 1, wherein, in a case that the detected output voltage of the battery while performing control to supply power from the battery to the atomizer to generate aerosol is less than the discharging cutoff voltage, the circuitry is configured to stop the supply of power from the battery to the atomizer by performing interrupt processing to the control to supply power from the battery to the atomizer.
9. The inhaler device of claim 1, wherein, in a case that the detected output voltage of the battery while performing control to supply power from the battery to the atomizer to generate aerosol is less than the discharging cutoff voltage, the circuitry is configured to stop the supply of power from the battery to the atomizer by performing interrupt processing to the control to supply power from the battery to the atomizer.
Yet, the ‘062 patent does not expressly disclose the features “in a case that an inhaling time is equal to or longer than a predetermined upper limit time, stop supplying power from the battery to the atomizer.”
Hickle discloses an inhaler device (Figure 1) comprising: a battery (“system battery” Paras 0073, 0127, 0136, and 0166); an atomizer (9, “FIG. 1 illustrates a block diagram depicting one embodiment of such a sedation and analgesia system 2 in accordance with the present invention having UI 1, electronic controller 4, peripherals 5, power supply 6, patient interface 7, and drug delivery 9, where sedation and analgesia system 2 is operated by user 3 in order to provide sedation and/or analgesia to patient 8.” Para 0061); a pressure sensor (“pressure sensor” Para 0095); a light emitting diode (“LED” Paras 0068, 0069, 0071, and 0073) and circuitry (via 4, “electronic controller 4” Para 0061), wherein the circuitry is utilized to detect an output voltage (“An icon 81b may also be displayed which indicates the current charge level of the system's battery. A percentage value of the level of charge 81c may also be shown. Alternatively, or in addition, a time value indicating how long the system may be run on the remaining battery charge may be displayed. These battery indications may be colored differently when the system is operating on battery power than when it is operating on external electrical current.” Para 0127 – whereby conventional practice notes current and voltage are intimately related by Ohm’s Law).
Regarding the remaining limitations, Hickle disclsoses the claimed “inhalation time” being “the remaining battery power falls below a particular level (e.g., 6 minutes of operation remaining).” (Para 0166) being longer than the claimed “predetermined upper limit time” being “a certain level (e.g., 5 minutes of operation remaining)” (Para 0166), the inhaler device will “stop propofol administration to the patient” (Para 0166). In this act of stopping administration of medicament to the patient, power is no longer supplied to the battery as “AC power” was lost (Para 0166). The resultant effect of this configuration is the ability to reduce sedation and encourage oxygenation of the patient until recovery.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the claimed “inhaling time” and claimed “predetermined upper limit time” of 11,992,062 to be concerned with the configuration of the inhaling time being longer than the predetermined upper limit time, as taught by Hickle to provide oxygenation during recovery.
Conclusion
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra D Carter can be reached at 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785
Prosecution Insights