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 .
Response to Amendment
This Office Action is in response to a preliminary amendment filed on 2/20/2024. As directed by the preliminary amendment, no claims were canceled, claims 3-5, 8, 10-11, 14-16, 19-20, 22-25 and 27 were amended, and no new claims were added. Thus, claims 1-27 are pending for this application.
Claim Objections
Claims 1-27 are objected to because of the following informalities:
In claims 1-27, “characterized in that” should be changed to --wherein-- in order to clarify that what follows is part of the claimed invention.
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 1-27 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 1 recites the limitation "the filter material" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the interior space" in line 5, “the environment” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the syringe" in lines 5-6. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 1, the phrase “a filter (3) being connected to each other” in lines 1-2 is unclear which structures are being referenced by “to each other”.
Regarding claim 1, the phrase “a connecting branch being connected to the wall of the hollow case” in line 7 is unclear as a plurality of walls are claimed in lines 4-5, therefore it is not clear which wall of the plurality of walls is connected to the connecting branch. This is repeated in lines 16 and 20, 24-25,
Regarding claims 1 and 12, the phrase "such as" in line 9 of claim 1 and line 11 of claim 12 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The term “at a short distance from each other” in claim 1 is a relative term which renders the claim indefinite. The term “short distance” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claims 3 and 14, the phrase “with a flat surface” in line 5 of each claim is unclear whether this flat surface is that of the platform or syringe barrel flange.
Regarding claims 7, 14-15, 18-20, 22-23, and 25-26, the phrase "can" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 12, the phrase “characterized in that it additionally comprises” in lines 1-2 is unclear what “it” is referring to (i.e. the inhalation system, the inhalation device?).
Claim 12 recites the limitation "the volatile anesthetic" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 12, the phrase “a connecting branch being connected to the wall of the hollow case” in line 8-9 is unclear as a plurality of walls are claimed in line 6, therefore it is not clear which wall of the plurality of walls is connected to the connecting branch. This is repeated in lines 18, 22-23, and 26-27.
The remaining claims are rejected due to dependence on a rejected base claim.
Allowable Subject Matter
Claims 1-27 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance:
The prior art of record does not disclose, either alone or in combination, the specific structural and functional limitations of the inhalation device of claim 1 and the inhalation system of claim 12 such that, as recited in claims 1 and 12, the device includes the evaporation chamber is configured to comprise a hollow case having walls isolating the interior space from the environment, a receiving element for the syringe configured to be installed with a syringe barrel filled with a volatile anesthetic, a connecting branch being connected to the wall of the hollow case, a filler being located in the evaporation space of the hollow case; wherein the receiving element for the syringe is configured in the form of a tube located on the side wall of the hollow case and is configured so that the first end of the tube having an orifice for the syringe barrel, the second end of the tube having an end wall with an inlet channel being intended for connecting a tip of the syringe barrel to the evaporation chamber and the passage of the volatile anesthetic from the syringe barrel to the evaporation space of the hollow case.
The closest prior art of record are: Rowland (US 2021/0001060), Katayama (US 2010/0242976), Yamada (US 2009/0133691), and Holmqvist (US 2012/0101449).
While the above-mentioned references are related to the claimed invention, they do not disclose, either alone or in combination, the limitations of the inhalation device of claim 1 and inhalation system of claim 12. Specifically, the prior art does not disclose as recited in claims 1 and 12, the device includes the evaporation chamber is configured to comprise a hollow case having walls isolating the interior space from the environment, a receiving element for the syringe configured to be installed with a syringe barrel filled with a volatile anesthetic, a connecting branch being connected to the wall of the hollow case, a filler being located in the evaporation space of the hollow case; wherein the receiving element for the syringe is configured in the form of a tube located on the side wall of the hollow case and is configured so that the first end of the tube having an orifice for the syringe barrel, the second end of the tube having an end wall with an inlet channel being intended for connecting a tip of the syringe barrel to the evaporation chamber and the passage of the volatile anesthetic from the syringe barrel to the evaporation space of the hollow case.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Sexton (US 2005/0166912) discloses an inhalation device having a medicament injector and a system of valves.
Newell (US 11,938,056) discloses an inhalation system similar to applicant’s design.
Felts (US 3,123,071) discloses an anesthetic vaporizer that utilizes a syringe.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MOON whose telephone number is (571)272-2554. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MOON/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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