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 .
Specification
The title of the invention 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: An Electronic Module and Inhaler for Providing Dampened Energy Transfer.
Claim Objections
Claims 1, 2, 6-15, 18, and 19 are objected to because of the following informalities:
Claim 1, line 3, the second “a battery” should read “the battery”
Claim 2, line 1, “a battery” should read “the battery”
Claims 6-15 recite the limitation “the substrate”, it is recommended to change “the substrate” with “the substrate material” to as claim 5 states “a substrate material”
Claim 18, line 4, the second “a battery” should read “the battery”
Claim 19, line 1, “a battery” should read “the battery”
Appropriate correction is required.
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 14 and 15 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 14 recites the phrase "wherein the substrate is from 0.1 to 10 mm thick, preferably from 0.1 to 3 or 5 mm thick”. This language creates confusion as to whether the “preferably” components are required by the claimed invention or are optional components. It is unclear what structure is required due to the use of “preferably” in the claim, therefore the claim is indefinite under 35 U.S.C. 112(b).
Further, claim 14 recites the limitation "wherein the substrate is from 0.1 to 10 mm thick…" in line 1. There is insufficient antecedent basis for this limitation in the claim. The recited limitation of “the substrate” is not introduced in claim 1. The limitation of “a substrate material” is first introduced in claim 5. For purposes of examination, claim 14 is being treated as being dependent off of claim 5 and claim 15 is treated as being dependent off claim 14 which is dependent off claim 5.
Claim 15 is also rejected due to being dependent off of claim 14.
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.
Claims 1-4, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Engelhard (US 20150061867).
Regarding claim 1, Engelhard discloses
an electronic module for an inhaler (figs. 4-14; processor assembly 420, power source 426, and protective member 428 of distal base 404 for an inhaler; [0012], [0030], [0120]; [0132]-[0134] and [0147]),
the electronic module (figs. 4-14; processor assembly 420, power source 426, and protective member 428 of distal base 404 for an inhaler; [0132] and [0134])) comprising:
a printed circuit board (figs. 8-12; PCB 442; [0134]-[0136]), and
a damper configured to dampen energy transfer to and from a battery when a battery is connected to the electronic module and the electronic module is exposed to mechanical shock (figs. 8-12; power source protective member 428 can be configured to help protect the power source 426 from being damaged during movement of the accessory 400 (mechanical force), facilitating full protection of the power source 426, and includes a cushion;[0132], [0153]-[0154]).
Regarding claim 2, Engelhard further discloses
the electronic module (processor assembly, power source, and protective member for inhaler) of claim 1,
further comprising a battery connected to the printed circuit board (figs. 8-12; power source 426 can be configured to provide power to one or more components of the accessory 400, e.g., components of the PCB 442; see [0152]; [0134] and [0152]).
Regarding claim 3, Engelhard further discloses
the electronic module (processor assembly, power source, and protective member for inhaler) of claim 2,
wherein the battery is mechanically and electronically connected to the printed circuit board by one or more connectors (fig. 13; the positive and negative power source contacts 440, 444 can be configured to contact corresponding positive and negative contacts of the power source 426 to facilitate power supply from the power source 426 to the PCB 442; see [0134]; [0134] and [0152]).
Regarding claim 4, Engelhard further discloses
the electronic module (processor assembly, power source, and protective member for inhaler) of claim 3,
wherein the damper is configured to dampen energy transfer to and from the battery to the printed circuit board when the electronic module is exposed to mechanical shock (figs. 8-10; power source protective member 428 can be configured to help protect the power source 426 from being damaged during movement of the accessory 400 (mechanical force), facilitating full protection of the power source 426, and includes a cushion;[0132], [0153]-[0154]; see fig. 10, power source protective member 428 is cushion under power source 426 and PCB 442, therefore it would be capable of absorbing kinetic energy and acting as an energy dissipater, in other words dampening energy transfer between the two).
Regarding claim 18, Engelhard discloses
an inhaler (figs. 4-14; inhaler includes accessory 400; [0012], [0030], [0120],[0124], and [0155]) comprising:
electronic module (figs. 4-14; processor assembly 420, power source 426, and protective member 428 of distal base 404; [0132]-[0134] and [0147]) that comprises:
a printed circuit board (figs. 8-12; PCB 442; [0134]-[0136]), and
a damper configured to dampen energy transfer to and from a battery when a battery is connected to the electronic module and the electronic module is exposed to mechanical shock (figs. 8-12; power source protective member 428 can be configured to help protect the power source 426 from being damaged during movement of the accessory 400 (mechanical force), facilitating full protection of the power source 426, and includes a cushion;[0132], [0153]-[0154]).
Regarding claim 19, Engelhard further discloses
the inhaler (inhaler includes accessory 400) of claim 18,
wherein the electronic module comprises a battery connected to the printed circuit board (figs. 8-12; power source 426 can be configured to provide power to one or more components of the accessory 400, e.g., components of the PCB 442; see [0152]; [0134] and [0152]),
wherein the battery is mechanically and electronically connected to the printed circuit board by one or more connectors (fig. 13; the positive and negative power source contacts 440, 444 can be configured to contact corresponding positive and negative contacts of the power source 426 to facilitate power supply from the power source 426 to the PCB 442; see [0134]; [0134] and [0152]), and
wherein the damper is configured to dampen energy transfer to and from the battery to the printed circuit board when the electronic module is exposed to mechanical shock (figs. 8-10; power source protective member 428 can be configured to help protect the power source 426 from being damaged during movement of the accessory 400 (mechanical force), facilitating full protection of the power source 426, and includes a cushion;[0132], [0153]-[0154]; see fig. 10, power source protective member 428 is cushion under power source 426 and PCB 442, therefore it would be capable of absorbing kinetic energy and acting as an energy dissipater, in other words dampening energy transfer between the two).
Claim Rejections - 35 USC § 103
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 5, 7, 9, 11-14 , and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Engelhard (US 20150061867) in view of Fonacier (US 20120095398).
Regarding claim 5, Engelhard discloses
the electronic module (processor assembly, power source, and protective member for inhaler) of claim 1,
wherein the damper provides at least part of the dampening (figs. 8-12; power source protective member 428 can be configured to help protect the power source 426 from being damaged during movement of the accessory 400; [0132], [0153]-[0154]).
While Engelhard states that it may be a cushion, it does not explicitly disclose wherein the damper comprises a substrate material configured to provide at least part of the damping.
However, Fonacier discloses a battery shock absorber for a portable medical device
wherein the damper (figs. 4 and 7-9; shock absorbing element 212 absorb loads and dissipate kinetic energy that might be associated with motion of the battery and reduces shock loads; [0094]) comprises a substrate material configured to provide at least part of the damping (figs. 4 and 7-9; shock absorbing element 212 is compression molded and composed of a resilient electrical insulator material, such as rubber, polyurethane, plastic, or the like, which has properties that increase its shock absorbing characteristics; [0094]).
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 power source protective member of Engelhard with the shock material of the shock absorbing element of Fonacier to increase the power source protective member’s shock absorbing characteristics, therefore, improving the ability to absorb loads and dissipate kinetic energy that might be associated with motion of the battery (Fonacier: [0094]).
Regarding claim 7, the modified device of Engelhard further discloses
the electronic module (Engelhard: processor assembly, power source, and protective member for inhaler; Fonacier: shock absorbing materials) of claim 5,
wherein the substrate (Engelhard: figs. 8-12; power source protective member 428; ; [0132], [0153]-[0154]; Fonacier: figs. 4 and 7-9; shock absorbing element 212; [0094]) comprises rubber, polyurethane (figs. 4 and 7-9; shock absorbing element 212 is compression molded and composed of a resilient electrical insulator material, such as rubber, polyurethane, plastic, or the like, which has properties that increase its shock absorbing characteristics; [0094]), silicone, neoprene, polyethylene-vinyl acetate, or polyethylene.
Regarding claim 9, the modified device of Engelhard further discloses
the electronic module (Engelhard: processor assembly, power source, and protective member for inhaler; Fonacier: shock absorbing materials) of claim 5,
wherein the substrate (Engelhard: figs. 8-12; power source protective member 428; ; [0132], [0153]-[0154]; Fonacier: figs. 4 and 7-9; shock absorbing element 212 made of resilient electrical insulator material; [0094]) does not cover the entire area of the surface of the battery to which it is applied (see fig. 10, the power source protective member 428 does not cover the entire area/surface of the power source 426).
Regarding claim 11, the modified device of Engelhard further discloses
the electronic module (Engelhard: processor assembly, power source, and protective member for inhaler; Fonacier: shock absorbing materials) of claim 5,
wherein the damper is configured to position the substrate (Engelhard: figs. 8-12; power source protective member 428 beneath the power supply 426; [0132], [0153]-[0154]; Fonacier: figs. 4 and 7-9; shock absorbing element 212 made of resilient electrical insulator material; [0094]) at a surface of the inhaler (see figs. 8-10, power source housing 430 of the inhaler (surface), which connects to canister/dispenser 402 of the inhaler, can be configured to seat the power source protective member 428; [0124] and [0154]-[0155]), thereby enabling the substrate to provide compressive damping (figs. 8-10; power source protective member 428 can be configured to help protect the power source 426 from being damaged during movement of the accessory 400 when a consumable is being dispensed; [0153]) against the surface of the inhaler (see figs. 8-10, power source protective member 428 is seated against surface of power source housing 430 of the inhaler and presses down on canister/dispenser 402 of the inhaler; [0124], [0127]-[0131], [0135]-[0136], and [0154]-[0155]).
Regarding claim 12, the modified device of Engelhard further discloses
the electronic module (Engelhard: processor assembly, power source, and protective member for inhaler; Fonacier: shock absorbing materials) of claim 11,
wherein a distance between the substrate (Engelhard: figs. 8-12; power source protective member 428 beneath the power supply 426; [0132], [0153]-[0154]; Fonacier: figs. 4 and 7-9; shock absorbing element 212 made of resilient electrical insulator material; [0094]) and the surface (see figs. 8-10, power source housing 430 of the inhaler (surface), which connects to canister/dispenser 402 of the inhaler, can be configured to seat the power source protective member 428; [0124] and [0154]-[0155]) is less than 5 mm (see fig. 10; power source protective member 428 is seated on surface of power source housing 430 of the inhaler; it is further noted that the power source protective member 428 and power source housing 430 can each have a variety of sizes, shapes, and configurations; [0132]) when the electronic module is attached to the inhaler (see fig. 10; accessory cap 400 is attached to the power source housing 430 and dispenser 402 of the inhaler; [0124], [0132], [0141], [0150], [0154]).
Regarding claim 13, Engelhard further discloses
the electronic module (Engelhard: processor assembly, power source, and protective member for inhaler; Fonacier: shock absorbing materials) of claim 11,
wherein the substrate (Engelhard: figs. 8-12; power source protective member 428; ; [0132], [0153]-[0154]; Fonacier: figs. 4 and 7-9; shock absorbing element 212 made of resilient electrical insulator material; [0094]) is configured to apply from 0 to 100 N of force when loaded against the surface when the electronic module is attached to the inhaler (Engelhard: accessory 400 comprises force resistor 446 to measure pressure (such as resistance values corresponding to pressures of 0 N-26 N, see [0137]) exerted downward on the PCB 442 and dispenser 402 (and therefore, the power supply 426 and power supply protective member 428); [0127]-[0131], [0135]-[0137]).
Regarding claim 14, the modified device of Engelhard discloses
the electronic module (Engelhard: processor assembly, power source, and protective member for inhaler; Fonacier: shock absorbing materials) of claim 1 (treated as being dependent from claim 5, see 112b above),
wherein the substrate is from 0.1 to 10 mm thick, preferably from 0.1 to 3 or 5 mm thick.
Engelhard discloses the invention essentially as claimed as discussed above.
However, Engelhard does not expressly disclose
“wherein the substrate is from 0.1 to 10 mm thick, preferably from 0.1 to 3 or 5 mm thick.”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to cause the device of Engelhard to have
“wherein the substrate is from 0.1 to 10 mm thick, preferably from 0.1 to 3 or 5 mm thick”
since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the power source protective member of Engelhard would not operate differently with the claimed thickness listed above and since the power source protective member would function appropriately having the claimed thickness as listed above. Further, applicant’s specification places no criticality on the range claimed, indicating simply that thickness of the substrate material “can be” or “is preferable” to be within the claimed ranges (page 6, lines 10-12). Further, the prior art of Engelhard would have allowed such a modification as Engelhard states that the power source protective member can have a size and shape corresponding to the shape of the power source 426 and can have other configurations (Engelhard: [0153]).
Regarding claim 20, Engelhard discloses
the inhaler (inhaler using accessory 400) of claim 18,
wherein the damper provides at least part of the dampening (figs. 8-12; power source protective member 428 can be configured to help protect the power source 426 from being damaged during movement of the accessory 400; [0132], [0153]-[0154]).
While Engelhard states that it may be a cushion, it does not explicitly disclose wherein the damper comprises a substrate material configured to provide at least part of the damping.
However, Fonacier discloses a battery shock absorber for a portable medical device
wherein the damper (figs. 4 and 7-9; shock absorbing element 212 absorb loads and dissipate kinetic energy that might be associated with motion of the battery and reduces shock loads; [0094]) comprises a substrate material configured to provide at least part of the damping (figs. 4 and 7-9; shock absorbing element 212 is compression molded and composed of a resilient electrical insulator material, such as rubber, polyurethane, plastic, or the like, which has properties that increase its shock absorbing characteristics; [0094]).
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 power source protective member of Engelhard with the shock material of the shock absorbing element of Fonacier to increase the power source protective member’s shock absorbing characteristics, therefore, improving the ability to absorb loads and dissipate kinetic energy that might be associated with motion of the battery (Fonacier: [0094]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Engelhard (US 20150061867) in view of Fonacier (US 20120095398) and further evidenced by Monmouth (NPL: Physical Properties Data Sheets, Monmouth Rubber and Plastics Corp).
Regarding claim 15, the modified device of Engelhard discloses
the electronic module (Engelhard: processor assembly, power source, and protective member for inhaler; Fonacier: shock absorbing materials) of claim 14 (treated as being dependent off of claim 14 which is dependent off of claim 5, see 112b above),
While the modified device of Engelhard does state that the substrate material is composed of a resilient electrical insulator material, such as rubber, polyurethane, plastic, or the like (Fonacier: [0094]), it does not explicitly state wherein the substrate has a 25% compression force deflection of between 0.1 to 200 KPa. However, Monmouth provides evidence of materials such as different types of rubber (Neoprene, Pure Nitrile, EPDM, NBR, recycled, etc.) having a 25% compression force deflection of between 0.1 to 200 KPa (see pages 3-5 which discloses data sheets of neoprene having a 25% compression force deflection of 2-13 psi (13.79-89.63 KPa) which is within the range of 0.1 to 200 KPa).
Therefore, the modified device of Engelhard combined with the evidence of Monmouth discloses
wherein the substrate (Engelhard: figs. 8-12; power source protective member 428; ; [0132], [0153]-[0154]; Fonacier: figs. 4 and 7-9; shock absorbing element 212 made of resilient electrical insulator material such as rubber, polyurethane, plastic, or the like; [0094]) has a 25% compression force deflection of between 0.1 to 200 KPa (data sheets of different types of rubber (Neoprene, Pure Nitrile, EPDM, NBR, recycled, etc.), see pages 3-5 which discloses neoprene having a 25% compression force deflection of 2-13 psi (13.79-89.63 KPa) which is within the range of 0.1 to 200 KPa).
Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Engelhard (US 20150061867) in view of Fonacier (US 20120095398) and further in view of Filman (US 20140322935).
Regarding claim 10, the modified device of Engelhard further discloses
the electronic module (Engelhard: processor assembly, power source, and protective member for inhaler; Fonacier: shock absorbing materials) of claim 9,
wherein the printed circuit board is attached to the cap (see figs. 7 and 8; PCB 442 is attached within the accessory cap 400; [0124] and [0134]-[0135]).
The modified device of Engelhard does not disclose wherein the printed circuit board is attached to the cap by one or more heat stakes, and wherein the application of the substrate on the surface of the battery is offset in a direction opposite to the one or more heat stakes.
Filman discloses an electrical connection, power supply, and PCB configuration
wherein the printed circuit board is attached by one or more heat stakes (figs. 1 and 7; the PCB mounts are mounting pins; the PCB may be secured 109 (to a base) by hot melting the mounting pins; [0061], [0065], and [0084]).
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 PCB and accessory cap of Engelhard to include the holt melted mounting pins that secure to a base as taught in Filman, in order to provide a known alternative of securing a circuit board to the base of a device (Filman: [0065] and[0084]); therefore, providing a secure connection that can firmly hold the PCB in position to the base of the cap of Engelhard.
It directly follows that the resultant accessory cap and PCB of the modified device of Engelhard combined with the hot melted mounting pins of Filman would meet the claimed structural limitations since:
The modified device of Engelhard and Filman combined discloses
wherein the application of the substrate on the surface of the battery (Engelhard: figs. 8-12; power source protective member 428 beneath the power supply 426; [0132], [0153]-[0154]; Fonacier: figs. 4 and 7-9; shock absorbing element 212 made of resilient electrical insulator material; [0094]) is offset in a direction opposite (see figs. 8-10 of Engelhard, PCB 442 which is modified with hot melted mounting pins for connection with inside of accessory cap 400 is offset to the power source protective member 428 which has the battery spaced in between) to the one or more heat stakes (Filman: figs. 1 and 7; the PCB mounts are mounting pins; the PCB may be secured 109 (to a base) by hot melting the mounting pins; [0061], [0065], and [0084]).
Regarding claim 17, Engelhard discloses
the electronic module (processor assembly, power source, and protective member for inhaler) of claim 1,
wherein the printed circuit board is attached to a cap (see figs. 7 and 8; PCB 442 is attached within the accessory cap 400; [0124] and [0134]-[0135]) configured to be removably attached to a surface of the inhaler (see figs. 7-10; accessory 400 in the form of a cap is configured to be removably and replaceably attached to a dispenser 402 of the inhaler; [0124])
Engelhard does not disclose wherein the printed circuit board is attached to the cap by one or more heat stakes.
Filman discloses an electrical connection, power supply, and PCB configuration
wherein the printed circuit board is attached by one or more heat stakes (figs. 1 and 7; the PCB mounts are mounting pins; the PCB may be secured 109 by hot melting the mounting pins; [0061], [0065], and [0084]).
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 PCB and accessory cap of Engelhard to include the holt melted mounting pins that secure to a base as taught in Filman, in order to provide a known alternative of securing a circuit board to the base of a device (Filman: [0065] and[0084]); therefore, providing a secure connection that can firmly hold the PCB in position to the base of the cap of Engelhard.
It directly follows that the resultant accessory cap and PCB of Engelhard combined with the hot melted mounting pins of Filman would meet the claimed structural limitations since:
Engelhard and Filman combined discloses
wherein the printed circuit board is attached to the cap (Engelhard: see figs. 7 and 8; PCB 442 is attached within the accessory cap 400; [0124] and [0134]-[0135]) by one or more heat stakes (Filman: figs. 1 and 7; the PCB mounts are mounting pins; the PCB may be secured 109 by hot melting the mounting pins; [0061], [0065], and [0084]).
Claims 5, 6, 8, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Engelhard (US 20150061867) in view of Edwards (US 20160235916).
Regarding claim 5, Engelhard discloses
the electronic module (processor assembly, power source, and protective member for inhaler) of claim 1,
wherein the damper provides at least part of the dampening (figs. 8-12; power source protective member 428 can be configured to help protect the power source 426 from being damaged during movement of the accessory 400; [0132], [0153]-[0154]).
While Engelhard states that it may be a cushion, it does not explicitly disclose wherein the damper comprises a substrate material configured to provide at least part of the damping.
However, Edwards discloses an electronic circuit system for a medicament delivery device
wherein the damper (figs. 7 and 9; intermediate layer 4980 includes openings (not shown) within which various components of the electronic circuit system, such as, for example, the batteries 4962 are disposed; [0077]) comprises a substrate material configured to provide at least part of the damping (figs. 7 and 9; intermediate layer can be constructed from any suitable material, such as, for example, flexible foam having an adhesive surface, polycarbonate or the like; [0077]; flexible foam is capable of damping).
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 distal base and power source protective member of Engelhard to be composed of an intermediate spacer layer made of a flexible foam having an adhesive surface as taught in Edwards to maintain a predetermined spacing between the various components (Edwards: [0077]) and further secure and protect the power source in housing.
Regarding claim 6, the modified device of Engelhard discloses
the electronic module (Engelhard: processor assembly, power source, and protective member for inhaler; Edwards: flexible foam with adhesive surface) of claim 5,
wherein the substrate material is a foam material (Edwards: figs. 7 and 9; intermediate layer can be constructed from any suitable material, such as, for example, flexible foam having an adhesive surface, polycarbonate or the like; [0077]).
Regarding claim 8, the modified device of Engelhard further discloses
the electronic module (Engelhard: processor assembly 420 for inhaler; ) of claim 5,
wherein the substrate (Engelhard: figs. 8-12; power source protective member 428;[0132], [0153]-[0154]; Edwards: figs. 7 and 9; intermediate layer 4980; [0077]) is adhesively applied to a surface of the battery (Edwards: figs. 7 and 9; intermediate layer can be constructed from any suitable material, such as, for example, flexible foam having an adhesive surface; [0077]; the adhesive surface is capable of providing some attachment of the flexible foam to the surface of the power source).
Regarding claim 16, Engelhard discloses
the electronic module (processor assembly, power source, and protective member for inhaler) of claim 1,
While Engelhard discloses the power source protective member 428 and power source 426 being seated within the power source housing 430 ([0153]-[0154]), it does not explicitly disclose wherein the damper is attached to the battery
However, Edwards discloses an electronic circuit system for a medicament delivery device
wherein the damper (figs. 7 and 9; intermediate layer 4980 includes openings (not shown) within which various components of the electronic circuit system, such as, for example, the batteries 4962 are disposed; [0077]) is attached to the battery (figs. 7 and 9; intermediate layer can be constructed from any suitable material, such as, for example, flexible foam having an adhesive surface; [0077]; the adhesive surface is capable of providing some attachment of the flexible foam to the surface of the power source).
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 distal base and power source protective member of Engelhard to be composed of an intermediate spacer layer made of a flexible foam having an adhesive surface as taught in Edwards to maintain a predetermined spacing between the various components (Edwards: [0077]) and further secure and protect the power source in housing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pare (US 20190393461) – A vibration-damped battery, battery container, and battery pack which has elastomeric rings that damp lateral vibratory forces exerted on the batteries thereby reducing structural damage or explosion of the battery
Walsh (US 9463289) – A dose counter inhaler with a chassis that is heat staked to the base in order to accurately position the chassis and hold it firmly in place.
Wu (US 20110265788) – An inhaler with an electronic module comprising a circuit board and electric cell arranged in a top cover of the inhaler
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/S.R.R./Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
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