DETAILED ACTION
Notice to Applicant
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 1-6 are pending.
Priority
3. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
4. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference signs mentioned in the description: inhaler 1, plastic actuator 2, metal spray canister 3, and finger 6 (see page 4 of the specification). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
5. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: Ckap (see Figures 6-11 and 13-14) and Csystem4 (see Figures 11 and 14). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
6. The specification is objected to due to the following informalities.
On line 27 of page 6, it appears that “metal spray canister (4)” should be revised to “metal spray canister (3).”
On lines 18, 21, and 30 of page 11, it appears that Cshiel should be revised to Cshield.
On line 26 of page 11, it appears that Cshiel t1 should be revised to Cshield.
On lines 9-10 of page 11, it appears that the phrase “the capacitance value (Ccanister) of the finger (6) and the capacitance value (Cfinger) of the metal spray canister (3)” should be revised to “the capacitance value (Cfinger) of the finger (6) and the capacitance value (Ccanister) of the metal spray canister (3).”
On lines 10, 14, and 31 of page 11, it is unclear if Ccanister refers to the reference character Ckap shown in Figures 6-11 and 13-14. Appropriate correction is required.
On line 20 of page 13, it appears that Csyst should be revised to Csystem.
Claim Rejections - 35 USC § 112
7. 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.
8. Claims 1-6 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Per claim 1, the limitation “the capacitance” in line 2 lacks sufficient antecedent basis. Appropriate correction is required. For the purpose of examination, said limitation is interpreted as implying “a capacitance.”
Per claim 1, it is unclear if the limitation “a first stage sleep state” in line 7 refers to the limitation “a first stage standby/deep sleep state” in line 6. Appropriate correction is required.
Per claim 1, the limitation “the canister” in line 8 lacks sufficient antecedent basis. Appropriate correction is required. For the purpose of examination, said limitation is interpreted as implying “a metal spray canister” which is recited in line 10 of claim 1.
Per claim 1, lines 9-13 recite “initiation of contact detection capacitance measurement to monitor whether user is in contact with a metal spray canister, which is a component of the inhaler, with a capacitance value of the metal spray canister to determine that the user's finger is contacting the inhaler through the metal spray canister without the user's finger being closer to a capacitance sensor.” It is unclear if the underlined portion is intended to imply that the user’s finger is not in proximity or a certain distance from the capacitance sensor. Appropriate correction is required.
Per claim 1, lines 14-18 recite “in case of contact with the user's finger, switching the capacitance sensor to a third stage awake state, in which a measurement circuit is operated, for controlling the contact of the user's finger and the motion tracking of the metal spray canister, using a switch element with different time intervals, one after the other, like two different circuits.” It is unclear if the first underlined portion implies that, in the third stage awake state, contact of the user’s finger to the metal spray canister and motion of the metal spray canister are detected by the measurement circuit. Furthermore, it is unclear if the preference indicated by the second underlined portion implies that the switch element is required to include two different circuits or that the switch element is operated in a first state for a first time interval and a second state following the first state for a second time interval different than the first time interval. Appropriate correction is required. Claims 2-5 are consequently rejected due to their dependence on claim 1.
Per claim 2, it is unclear if the limitation “the first stage deep sleep state” in line 2 refers to the limitation “a first stage standby/deep sleep state” recited in claim 1. Appropriate correction is required.
Per claim 5, the limitation “the step of separately and clearly observing the changes in the C4 capacitance values” lacks sufficient antecedent basis. Appropriate correction is required.
Per claim 6, it is unclear if the limitation “the capacitance values” in lines 13-14 refers to the capacitance values of the “two capacitances” recited in line 10. Appropriate correction is required. For the purpose of examination, said limitation is interpreted as implying “the capacitance values of the two capacitances.”
Claim Objections
9. Claims 4 and 6 are objected to due to the following informalities.
In line 3 of claim 4, “proceedings” should be revised to “proceeding.”
In lines 9-10 of claim 6, “to to” should be revised to “to.”
Pertinent Prior Art
10. Biswas et al. - US 2016/0144141
This document discloses a detachable cap 1 for measuring usage of an inhaler 18 wherein the cap 1 includes a capacitive touch film 17. The capacitive touch film 17 is monitored by an always ON ultra-low power capacitive touch sensor that is configured to detect human touch. When a human touch is detected, a determination is made as to whether the inhaler is upright. If the inhaler 18 is determined to be upright, it is then determined if the inhaler 18 is shaken. If shaking of the inhaler 18 is detected, a process is initiated to calculate inhalation volume (Figs. 3 and 11A; ¶69).
However, this document is silent on, in particular, the three stages described in claim 1 including determining “that the user's finger is contacting the inhaler through the metal spray canister without the user's finger being closer to a capacitance sensor” and “in case of contact with the user's finger, switching the capacitance sensor to a third stage awake state, in which a measurement circuit is operated, for controlling the contact of the user's finger and the motion tracking of the metal spray canister, using a switch element with different time intervals, one after the other.” Furthermore, this document is silent on, in particular, the switch described in claim 6 which directs a measurement circuit to be “connected in parallel to two capacitances to change capacitance values of the two capacitances in order to reduce an effect of a capacitance value (Cfinger) of a user's finger and a capacitance value (Ccanister) of the metal spray canister for monitoring changes in the capacitance values, which are measured when the metal spray canister approaches or moves away from the capacitance sensor, either by contact with the user's finger or by pressure from the user's finger.”
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAS A. SANGHERA whose telephone number is (571)272-4787. The examiner can normally be reached M-Th, alt. Fri, 8-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, WALTER LINDSAY can be reached at (571) 272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAS A SANGHERA/Primary Examiner, Art Unit 2852