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 Objections
Claims 1, 4, 9-13, 15, and 17 are objected to because of the following informalities:
Claim 1 recites the limitation “containing pressurized gas” in line 3. This limitation should be amended to recite “a pressurized gas” to properly present the limitation.
Claim 1 recites the limitation “one or more abutment” in line 6. This limitation should be amended to recite “one or more abutments” to be grammatically correct.
Claim 1 recites the limitation “contain medication” in line 8. This limitation should be amended to recite “a medication” to properly present the limitation.
Claim 1 recites the limitation “wherein when pressurized gas”. This limitation should be amended to recite “the pressurized gas”.
Claim 4 recites the limitation “wherein pressurized gas”. This limitation should be amended to recite “the pressurized gas”.
Claim 9 recites the limitation “a flow of medication”. This limitation should be amended to recite “a flow of the medication”.
Claim 10 recites the limitation “a flow of medication”. This limitation should be amended to recite “a flow of the medication”.
Claim 11 includes a period in line 5. The period should be removed from the claim and replaced with a comma.
Claim 11 recites the limitation “to resist movement of the linear” in line 10. This limitation should be amended to recite “to resist a movement of the linear” to properly present the limitation.
Claim 11 recites the limitation “movement of the trigger” in line 111. This limitation should be amended to recite “a movement of the trigger” to properly present the limitation.
Claim 12 recites the limitation “each respective abutment” in line 2. This limitation should be amended to recite “each respective abutment of the series of linear positioned abutments” to maintain consistency in the claims.
Claim 13 recites the limitation “a flow of medication”. This limitation should be amended to recite “a flow of the medication”.
Claim 15 recites the limitation “activated by movement” in line 7. This limitation should be amended to recite “a movement” to properly present the limitation.
Claim 15 recites the limitation “upon activation of the trigger” in line 10. This limitation should be amended to recite “the activation of the trigger” as activating the trigger is recited earlier in the claim.
Claim 15 recites the limitation “liquid medication” in line 11. This limitation should be amended to recite “the liquid medication”.
Claim 17 recites the limitation “and permit movement”. This limitation should be amended to recite “permit a movement”.
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 3, 5, 14, and 18-19 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 3 recites the limitation “a series of linear positioned abutments” in line 2. This limitation renders the claim indefinite because it is unclear if “a series of linear positioned abutments” recited in claim 3 is the same series of linear positioned abutments presented in claim 1, or a new series. For the purpose of examination, Examiner will interpret the series of linear positioned abutments of claim 3 as being the same as recited in claim 1.
Claim 5 recites the limitation “a housing” in line 2. This limitation renders the claim indefinite because it is unclear if “a housing” recited in claim 5 is the nebulizer housing presented in claim 1, or a new housing. For the purpose of examination, Examiner will interpret the housing of claim 5 as being a new cartridge container housing.
Claim 14 recites the limitation “a series of linear positioned abutments” in line 2. This limitation renders the claim indefinite because it is unclear if “a series of linear positioned abutments” recited in claim 3 is the same series of linear positioned abutments presented in claim 1, or a new series. For the purpose of examination, Examiner will interpret the series of linear positioned abutments of claim 3 as being the same as recited in claim 1.
Claim 18 recites the limitation “wherein the abutment comprises a plurality of abutments”. This limitation renders the claim indefinite because it is unclear as to how a singular abutment can comprise a plurality of abutments as claimed. For the purpose of examination, Examiner will interpret this limitation as “wherein the actuator comprises a plurality of abutments”.
Claim 19 is rejected under 35 U.S.C. 112(b) as being dependent on a rejected claim and thus, contains the same offending limitations.
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.
Claim(s) 1-5, 7-9, and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Egerström et al. (US 2015/0352298 A1) (hereinafter Egerström) in view of Canner (GB 2,536,259 A).
In regards to claim 1, Egerström discloses a nebulizer assembly (10; see [0040]; see figure 1), comprising:
a nebulizer housing (housing of 10; see figure 1) comprising a first end (end comprising 20; see figure 3) and a second end (end of 14; see figure 1);
a portion containing a spring (176; see [0055]; see figure 7) coupled to the nebulizer housing (176 is coupled to the housing of 10; see figure 8);
a linear actuator (74; see [0048]; see figure 7) comprising a series of linear positioned abutments (86; see [0048]; see figure 11), the linear actuator configured to be movable along the nebulizer housing (74 axially advances within the housing of 10 to move the stopper inside of 26; see [0065]);
a trigger (180, and 192; see [0056-0057]; see figure 11; 180, and 192 together as a unit form the trigger mechanism which causes the axial advancement of 74; see [0064-0065]) configured to engage one or more abutment of the series of linear positioned abutments as the linear actuator moves along the nebulizer housing (10 and 192 operatively engage 86 of 74 as 74 moves along the nebulizer housing);
a medication chamber (26; see [0042]; see figure 2) configured to contain medication to be dispensed from the first or second end of the nebulizer housing (26 contains medication to be dispensed from the end of the housing of 10 which comprises 20; see figure 2); and
a nozzle (38; see [0043]; see figure 2), through which the medication is aerosolized before the medication is dispensed from the nebulizer housing (see [0043]);
wherein when a force is conveyed from the spring (176), pressure within the nebulizer housing from the force forces the linear actuator to move within the nebulizer housing (see [0059-0065]).
Egerström does not disclose the nebulizer is a pressurized gas nebulizer assembly,
a cartridge containing pressurized gas coupled to the nebulizer housing; and
pressurized gas forces the linear actuator to move within the nebulizer housing.
However, Philip teaches an analogous nebulizer assembly (10; see [pg 4 ln 3-5]; see figure 1) comprising a nebulizer housing (12; see [pg 4 ln 3-5]; see figure 1), a linear actuator (20; see [pg 4 ln 21]; see figure 1), a medication chamber (16; see [pg 4 ln 9]; see figure 1) configured to contain a medicament (see [pg 1 ln 8-13]); a nozzle (18; see [pg 4 ln 13]; see figure 1); wherein the nebulizer assembly is a pressurized gas nebulizer assembly (see [pg 2 ln 1-7]), comprising:
a cartridge (14; see [pg 4 ln 8]; see figure 1) containing pressurized gas (see [pg 2 ln 1-7]) coupled to the nebulizer housing (see figure 1);
wherein when pressurized gas is conveyed from the cartridge, pressure within the nebulizer housing from the pressurized gas forces the linear actuator to move within the nebulizer housing (see [pg 5 ln 11-20]) for the purpose of allowing for the provision of a small pressure generating unit (i.e. the cartridge) which will provide enough pressure to the linear actuator to nebulize the liquid from the medication chamber and allow the overall size of the device to be made smaller due to the small size of the pressure generating unit (see [pg 2 ln 1-7 and ln 22-25]).
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 substituted the spring which generates the pressure to move the linear actuator to nebulize the medicament as disclosed by Egerström and to have instead used the cartridge containing pressurized gas for generating the pressure to move the linear actuator to nebulize the medicament as taught by Canner in order to have provided an improved nebulizer assembly that would add the benefit of allowing for the provision of a small pressure generating unit (i.e. the cartridge) which will provide enough pressure to the linear actuator to nebulize the liquid from the medication chamber and allow the overall size of the device to be made smaller due to the small size of the pressure generating unit (see [pg 2 ln 1-7 and ln 22-25]).
Furthermore, such a modification is held to be obvious since it has been held that “(w)here a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509 (BPAI, 2007) (citing KSR International Co. v. Teleflex Inc., 550 U.S. ___, ___, 82 USPQ2d 1385, 1396 (2007) (see MPEP 2143 I B). Accordingly, Applicant claims a combination that only unites old elements with no change in the respective functions of those old elements, and the combination of those elements yields predictable results. In the instant case the simple substitution of the spring of Egerström for the cartridge containing pressurized gas as taught by Canner does not change the respective function of the nebulizer assembly and yields the predictable results of providing a means of generating a force to move a linear actuator to nebulize medicaments housed within a medication chamber.
In regards to claim 2, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström further discloses wherein advancement of the linear actuator (74) is sequentially stopped at each respective abutment (74 is sequentially stopped at each respective 86 based on the dose size set by the dose setting mechanism; see [0060-0065]).
In regards to claim 3, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström further discloses wherein advancement of the linear actuator continues through a series of linear positioned abutments when the trigger is continuously depressed (advancement of 74 through the linear series of 86 is caused by the depression of 180, and continuous depressions of 180 function as claimed).
In regards to claim 4, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström as now modified by Canner further discloses wherein pressurized gas within the cartridge is not released from the cartridge until the cartridge is punctured (see Canner [pg 5 ln 11-20]).
In regards to claim 5, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström as now modified by Canner further discloses wherein the cartridge is punctured by rotation of a housing containing the cartridge (see Canner [pg 5 ln 5-10]).
In regards to claim 7, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström further discloses wherein the nebulizer housing (housing of 10) comprises a stopper (84; see [0049]; see figure 11) configured to be engaged against by an abutment of the series of linear positioned abutments (see [0049]) to resist movement of the linear actuator along the nebulizer housing (84 engage 86 and only allows for the axial movement of 74 within the housing of 10 when 180 is actuated; see [0060-0065]).
In regards to claim 8, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström further discloses wherein the trigger (180 and 192) is engaged against the abutment of the series of linear positioned abutments (see figure 8), and, when the trigger is depressed, the abutment of the series of linear positioned abutments is moved away from the stopper (84; when 180 is depressed, 74 moves axially along the housing of 10 and away from 84 to move 36).
In regards to claim 9, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström further discloses further comprising a baffle (chip and microchannels; see [0043]) configured to redirect a flow of medication from the nozzle (the chip and microchannels redirect a flow of liquid to create aerosol droplets; see [0043]).
In regards to claim 11, Egerström discloses a nebulizer assembly (10; see [0040]; see figure 1), comprising:
a nebulizer housing (housing of 10; see figure 1);
a chamber for receiving a spring (176; see [0055]; see figure 7);
a linear actuator (74; see [0048]; see figure 7) comprising a first portion forming a portion of the pressure chamber (portion of 74 which extends through the chamber which houses 176; see figure 8). a second portion (portion of 74 which comprises 86; see figure 11) comprising a series of linear positioned abutments (86; see [0049]; see figure 11), and a third portion (portion of 74 which engages 36) forming at least a portion of a medication chamber (26; see [0042]; see figure 2; when 74 engages with 36, 74 is positioned within 26 and thus, forms a portion of 26);
a trigger (180; see [0056]; see figure 6) that is movable relative to the linear actuator (180 is capable of being depressed with respect to 74); and
a nozzle (38; see [0043]; see figure 2) fluidly coupled to the medication chamber (26; see [0043]);
wherein an abutment of the series of linear positioned abutments (86) is engaged against a portion (84; see [0049]; see figure 11) of the nebulizer housing (housing of 10; 84 is formed within and thus, is a portion of the nebulizer housing) to resist movement of the linear actuator toward medication chamber (26; 84 engage 86 and only allows for the axial movement of 74 within the housing of 10 when 180 is actuated; see [0060-0065]), and movement of the trigger moves the abutment of the series of linear positioned abutments away from the portion of the nebulizer housing to permit the linear actuator to move toward the medication chamber (84; when 180 is depressed, 74 moves axially along the housing of 10 and away from 84 to move 36; see [0060-0065]) and direct a medication from the medication chamber through the nozzle (see [0065]).
Egerström does not disclose the nebulizer is a pressurized gas nebulizer assembly,
a pressure chamber for receiving pressurized gas.
However, Philip teaches an analogous nebulizer assembly (10; see [pg 4 ln 3-5]; see figure 1) comprising a nebulizer housing (12; see [pg 4 ln 3-5]; see figure 1), a linear actuator (20; see [pg 4 ln 21]; see figure 1), a medication chamber (16; see [pg 4 ln 9]; see figure 1) configured to contain a medicament (see [pg 1 ln 8-13]); a nozzle (18; see [pg 4 ln 13]; see figure 1); wherein the nebulizer assembly is a pressurized gas nebulizer assembly (see [pg 2 ln 1-7]), comprising:
a pressure chamber (14; see [pg 4 ln 8]; see figure 1) for receiving pressurized gas (see [pg 2 ln 1-7]) for the purpose of allowing for the provision of a small pressure generating unit (i.e. the cartridge) which will provide enough pressure to the linear actuator to nebulize the liquid from the medication chamber and allow the overall size of the device to be made smaller due to the small size of the pressure generating unit (see [pg 2 ln 1-7 and ln 22-25]).
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 substituted the spring which generates the pressure to move the linear actuator to nebulize the medicament as disclosed by Egerström and to have instead used the pressure chamber containing pressurized gas for generating the pressure to move the linear actuator to nebulize the medicament as taught by Canner in order to have provided an improved nebulizer assembly that would add the benefit of allowing for the provision of a small pressure generating unit (i.e. the pressure chamber) which will provide enough pressure to the linear actuator to nebulize the liquid from the medication chamber and allow the overall size of the device to be made smaller due to the small size of the pressure generating unit (see [pg 2 ln 1-7 and ln 22-25]).
Furthermore, such a modification is held to be obvious since it has been held that “(w)here a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509 (BPAI, 2007) (citing KSR International Co. v. Teleflex Inc., 550 U.S. ___, ___, 82 USPQ2d 1385, 1396 (2007) (see MPEP 2143 I B). Accordingly, Applicant claims a combination that only unites old elements with no change in the respective functions of those old elements, and the combination of those elements yields predictable results. In the instant case the simple substitution of the spring of Egerström for the pressure chamber containing pressurized gas as taught by Canner does not change the respective function of the nebulizer assembly and yields the predictable results of providing a means of generating a force to move a linear actuator to nebulize medicaments housed within a medication chamber.
In regards to claim 12, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström further discloses wherein advancement of the linear actuator (74) is sequentially stopped at each respective abutment (74 is sequentially stopped at each respective 86 based on the dose size set by the dose setting mechanism; see [0060-0065]).
In regards to claim 13, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström further discloses further comprising a baffle (chip and microchannels; see [0043]) configured to redirect a flow of medication from the nozzle (the chip and microchannels redirect a flow of liquid to create aerosol droplets; see [0043]).
In regards to claim 14, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström further discloses wherein advancement of the linear actuator continues through a series of linear positioned abutments when the trigger is continuously depressed (advancement of 74 through the linear series of 86 is caused by the depression of 180, and continuous depressions of 180 function as claimed).
In regards to claim 15, Egerström discloses a nebulizer assembly (10; see [0040]; see figure 1), comprising:
a nebulizer housing (housing of 10; see figure 1);
a chamber for receiving a spring (176; see [0055]; see figure 7);
a medication chamber (26; see [0042]; see figure 2) for receiving a liquid medication (medicament containers hold liquid medication);
an actuator (74; see [0048]; see figure 7) comprising a rear portion facing the chamber (see figure 8), and a forward portion facing the medication chamber (the portion of 74 seen in figure 6 faces 26 to engage with 36);
a trigger (180; see [0056]; see figure 6) that is activated by movement relative to the actuator (180 is activated by being depressed with respect to 74); and
a nozzle (38; see [0043]; see figure 2) fluidly coupled to the medication chamber (26; see [0043]).
Egerström does not disclose Egerström does not disclose the nebulizer is a pressurized gas nebulizer assembly,
a pressure chamber for receiving pressurized gas; and
wherein the actuator is configured to move by the pressurized gas within the nebulizer housing, upon activation of the trigger, to enlarge a volume of the pressure chamber and to reduce a volume of the medication chamber, such that liquid medication is dispensed through the nozzle from the medication chamber.
However, Philip teaches an analogous nebulizer assembly (10; see [pg 4 ln 3-5]; see figure 1) comprising a nebulizer housing (12; see [pg 4 ln 3-5]; see figure 1), an actuator (20; see [pg 4 ln 21]; see figure 1), a medication chamber (16; see [pg 4 ln 9]; see figure 1) configured to contain a medicament (see [pg 1 ln 8-13]); a nozzle (18; see [pg 4 ln 13]; see figure 1); wherein the nebulizer assembly is a pressurized gas nebulizer assembly (see [pg 2 ln 1-7]), comprising:
a pressure chamber (chamber which houses 14; see [pg 4 ln 8]; see figure 1) for receiving pressurized gas (see [pg 2 ln 1-7]);
wherein the actuator (20) is configured to move by the pressurized gas within the nebulizer housing (see [pg 5 ln 11-20]), upon activation of the trigger (upon screwing the housing together; see [pg 5 ln 5-10]), to enlarge a volume of the pressure chamber and to reduce a volume of the medication chamber, such that liquid medication is dispensed through the nozzle from the medication chamber (see [pg 5 ln 11-20]) for the purpose of allowing for the provision of a small pressure generating unit (i.e. the cartridge) which will provide enough pressure to the linear actuator to nebulize the liquid from the medication chamber and allow the overall size of the device to be made smaller due to the small size of the pressure generating unit (see [pg 2 ln 1-7 and ln 22-25]).
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 substituted the chamber which houses a spring which generates the pressure to move the linear actuator to nebulize the medicament as disclosed by Egerström and to have instead used the pressure chamber which receives pressurized gas for generating the pressure to move the linear actuator to nebulize the medicament as taught by Canner in order to have provided an improved nebulizer assembly that would add the benefit of allowing for the provision of a small pressure generating unit (i.e. the pressure chamber) which will provide enough pressure to the linear actuator to nebulize the liquid from the medication chamber and allow the overall size of the device to be made smaller due to the small size of the pressure generating unit (see [pg 2 ln 1-7 and ln 22-25]).
Furthermore, such a modification is held to be obvious since it has been held that “(w)here a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509 (BPAI, 2007) (citing KSR International Co. v. Teleflex Inc., 550 U.S. ___, ___, 82 USPQ2d 1385, 1396 (2007) (see MPEP 2143 I B). Accordingly, Applicant claims a combination that only unites old elements with no change in the respective functions of those old elements, and the combination of those elements yields predictable results. In the instant case the simple substitution of the spring of Egerström for the pressure chamber which receives pressurized gas as taught by Canner does not change the respective function of the nebulizer assembly and yields the predictable results of providing a means of generating a force to move a linear actuator to nebulize medicaments housed within a medication chamber.
In regards to claim 16, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström further discloses wherein the actuator (74) comprises an abutment (86; see [0048]; see figure 11) that restricts movement of the actuator relative to the nebulizer housing by engagement against a stopper (84; see [0049]; see figure 11; 84 engage 86 and only allows for the axial movement of 74 within the housing of 10 when 180 is actuated; see [0060-0065]).
In regards to claim 17, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström further discloses wherein, when the trigger (180) is activated, the abutment (86) is configured disengage the stopper (84) and permit movement of the actuator (74) relative to the nebulizer housing (when 180 is activated, 86 and 84 disengage with one another such that 74 moves along the housing of 10 to move 36; see [0060-0065]).
In regards to claim 18, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström further discloses wherein the abutment comprises a plurality of abutments (see figure 7 that 86 comprises a plurality of 86).
In regards to claim 19, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström further discloses wherein the plurality of abutments are linearly aligned (see figure 7 that the plurality of 86 are linearly aligned).
In regards to claim 20, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström as now modified by Canner further discloses wherein a pressure in the pressure chamber is greater than a pressure in the medication chamber (for the pressure chamber of Canner to expand and force the medicament out as discussed in Canner [pg 5 ln 10-20], the pressure in the pressure chamber must be greater than the pressure in the medication chamber or else the medication chamber would move 20 towards 14 and the device would not be able to perform the function of creating an aerosol spray).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Egerström in view of Canner as applied to claim 1 above, and further in view of Kiesewetter (US 2012/0132199 A1).
In regards to claim 6, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström as now modified by Canner does not disclose further comprising a lock on the trigger to restrict actuation of the trigger until the trigger is unlocked.
However, Kiesewetter teaches an analogous nebulizer (1; see [0027]; see figure 1) utilized for the analogous purpose of nebulizing a medicament (see [0001]) comprising an analogous nebulizer housing (36; see [0123]; see figure 1), cartridge (8; see [0034]; see figure 1) containing pressurized gas (air or carbon dioxide (see [0032]) pressurized via pressure booster (see [0009])), medication chamber (4; see [0029]; see figure 1), and trigger (22; see [0056]; see figure 1); further comprising a lock (switchover; see [0056]) on the trigger to restrict actuation of the trigger until the trigger is unlocked (see [0056]) for the purpose of preventing unintentional operation of the nebulizer (see [0056]).
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 the trigger of the pressurized gas nebulizer assembly as disclosed by Egerström as now modified by Canner and to have included the lock on the trigger as taught by Kiesewetter in order to have provided an improved trigger that would add the benefit of preventing unintentional operation of the nebulizer (see [0056]).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Egerström in view of Canner as applied to claims 1 above, and further in view of Curry (US 2,406,997 A).
In regards to claim 10, Egerström as now modified by Canner discloses the invention as discussed above.
Egerström as now modified by Canner does not disclose wherein the nebulizer housing comprises an opening configured to permit ambient air to move into the nebulizer housing and entrain with a flow of medication from the nozzle.
However, Curry teaches an analogous pressurized gas nebulizer (atomizer; see [col 1 ln 1]; see figure 1) for the analogous purpose of delivering nebulized medicine to a user (see [col 1 ln 1-5]) comprising an analogous nebulizer housing (1; see [col 2 ln 15-20]; see figure 1), a cartridge (26; see [col 3 ln 15-20]; see figure 1) which creates pressurized gas, a medication chamber configured to contain medication (flask like container retains a supply of liquid for atomization; see [col 4 ln 40-45]), and a nozzle (27; see [col 20-25]; see figure 2); wherein the nebulizer housing (1) comprises an opening (32; see [col 3 ln 40-49]; see figure 4) configured to permit ambient air to move into the nebulizer housing and entrain with a flow of medication from the nozzle (see [col 3 ln 40-49]) for the purpose of providing openings in the housing which entrain the nebulized liquid to facilitate an outflow of the nebulized liquid (see [col 3 ln 40-49]).
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 the nebulizer housing as disclosed by Egerström as now modified by Canner and to have included the openings in the nebulizer housing as taught by Curry in order to have provided an improved pressurized gas nebulizer that would add the benefit of providing openings in the housing which entrain the nebulized liquid to facilitate an outflow of the nebulized liquid (see [col 3 ln 40-49]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL MILLER whose telephone number is (571)270-5445. The examiner can normally be reached Mon-Fri 8am-4pm.
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/DANIEL A MILLER/Primary Examiner, Art Unit 3786
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