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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Sensing device in claim 1 & 6 which is interpreted as a metal sensing sheet. (Paragraph 0027)
Nebulization device in claim 1, 5 - 6 & 8 which is interpreted as a nebulization module which allows vibration. (Paragraph 0024)
Driving device in claim 1, 4 & 6 which is interpreted as a boost conversion circuit. (Paragraph 0023)
Processing device in claim 1, 2, 6 & 9 - 10 which is interpreted as any one of an embedded controller. (Paragraph 0022)
Starting device in claim 4 which is interpreted as a power supply device. (Paragraph 0021)
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1, 4 & 6 are rejected under 35 U.S.C. 103 as being unpatentable over Costella et al. (US 20230122109 A1) in view of Lin et al. (EP 3103496 A1).
Regarding claim 1, A portable nebulizer, comprising:
a medicine storage device 46 configured to contain predetermined medical fluid (Claim 22);
a sensing device 290 located in the medicine storage device 46 (Paragraph 0285);
a nebulization device 10 configured to nebulize the predetermined medical fluid and simultaneously transmit a sensing signal to the sensing device 290 (Paragraph 0285);
a processing device electrically connected to the sensing device (Paragraph 0149), and collecting electrical information of the sensing signal, so as to calculate and generate medical fluid volume indication information (Paragraph 0149 & 0150 discloses the processing of the sensor data by wirelessly sending the sensor data in order to collect the data and act upon it & Paragraph 0285 discloses the sensor used to measure the volume of liquid);
wherein the processing device is configured to determine whether or not to execute a shutdown procedure according to a relationship between the medical fluid volume indication information and a predetermined value range. (Paragraph 0006 & 0008 discloses determining the end of treatment based on the residual volume, Paragraph 0149 – 0150 & Paragraph 0276 discloses the predetermined time value range of the end of treatment / Note: the examiner considers the predetermined value range to be when the value range that determines the end of treatment. The predetermined value is considered the value range to be time specifically the initiation time to the end of treatment time. Based on the explanation, the predetermined time value range is initial time = 0 minutes to end time = 5 minutes of the treatment)
Costella does not disclose a driving device electrically connected to the nebulization device and transmitting a driving signal to the nebulization device; and
a processing device electrically connected the driving device, and collecting electrical information of the driving signal.
Lin discloses a driving device 115 electrically connected to the nebulization device 1 and transmitting a driving signal to the nebulization device 1 (Paragraph 0027, 0033 - 0034 & Claim 1); and
a processing device 118 electrically connected the driving device 115, and detect electrical information of the driving signal. (Paragraphs 0033 – 0035 discloses the processing device 118 received the input voltage from the driving device 115)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Costella to include driving device electrically connected to the nebulization device and transmitting a driving signal to the nebulization device and a processing device electrically connected the driving device, and collecting electrical information of the driving signal as it is able to drive the nebulization module to nebulize the liquid according to the output voltage of the voltage adjustment unit. (Claim 1) Based on the voltage adjustment unit, the higher the applied voltage level, the larger generated vibration and the more spray quality. (Paragraph 0034) By having a processing device that is able to collect the information and detect the voltage of the device in order to determine if the voltage goes over or under the predetermined value and allows for the control of the device. (Paragraph 0007)
Lin does not expressly disclose collecting the electrical signals of the driving signal.
However, Modified Costella discloses collecting raw data. (Paragraph 0149)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Costella to include collecting the electrical signals of the driving signal.as it is able to collect data to portray the information in a display graph of the data to be able to interpret and act on the raw data. It is also able to present the data to the user relevant status information contained in the data. (Paragraph 0149)
Regarding claim 4, Modified Costella discloses the portable nebulizer as claimed in claim 1.
Lin further discloses further comprising a starting device 2, wherein the starting device 2 is electrically connected to the driving device 115 (Paragraph 0025 / Note: the examiner considers the broadest reasonable interpretation to be an indirect connection to the driving device as it is found inside and connected to the nebulizer, meaning the starting device would give power indirectly to the driving device), and the driving device 115 is a boost conversion circuit and/or a boost component. (Paragraph 0033)
Regarding claim 6, A shutdown method of a portable nebulizer, comprising:
providing a medicine storage device 10 configured to contain predetermined medical fluid (Claim 22);
providing a sensing device 290 located in the medicine storage device 46 (Paragraph 0285);
a nebulization device 10 configured to nebulize the predetermined medical fluid and simultaneously transmit a sensing signal to the sensing device 290 (Paragraph 0285);
providing a processing device electrically connected to the sensing device (Paragraph 0149), and collecting electrical information of the sensing signal, so as to calculate and generate medical fluid volume indication information (Paragraph 0149 & 0150 discloses the processing of the sensor data by wirelessly sending the sensor data in order to collect the data and act upon it & Paragraph 0285 discloses the sensor used to measure the volume of liquid);
wherein the processing device is configured to determine whether or not to execute a shutdown procedure according to a relationship between the medical fluid volume indication information and a predetermined value range. (Paragraph 0006 & 0008 discloses determining the end of treatment based on the residual volume, Paragraph 0149 – 0150 & Paragraph 0276 discloses the predetermined time value range of the end of treatment / Note: the examiner considers the predetermined value range to be when the value range that determines the end of treatment. The predetermined value is considered the value range to be time specifically the initiation time to the end of treatment time. Based on the explanation, the predetermined time value range is initial time = 0 minutes to end time = 5 minutes of the treatment)
Costella does not disclose providing a driving device, wherein the nebulization device nebulizes the predetermined medical liquid in the medicine storage device according to a driving signal provided by the driving device; and
providing a processing device electrically connected to the driving device, and collecting electrical information of the driving signal.
Lin discloses providing a driving device 115, wherein the nebulization device nebulizes the predetermined medical liquid in the medicine storage device according to a driving signal provided by the driving device (Paragraph 0027 , 0033 - 0034 & Claim 1); and
providing a processing device 118 electrically connected to the driving device 115, and collecting electrical information of the driving signal. (Paragraph 0033 & Paragraph 0034 discloses the processing device 118 received the input voltage from the driving device 115)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Costella to provide a driving device, wherein the nebulization device nebulizes the predetermined medical liquid in the medicine storage device according to a driving signal provided by the driving device and provide a processing device electrically connected to the driving device, and collecting electrical information of the driving signal as it is able to drive the nebulization module to nebulize the liquid according to the output voltage of the voltage adjustment unit. (Claim 1) Based on the voltage adjustment unit, the higher the applied voltage level, the larger generated vibration and the more spray quality. (Paragraph 0034) By having a processing device that is able to collect the information and detect the voltage of the device in order to determine if the voltage goes over or under the predetermined value and allows for the control of the device. (Paragraph 0007)
Lin does not expressly disclose collecting the electrical signals of the driving signal.
However, Modified Costella discloses collecting raw data. (Paragraph 0149)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Costella to include collecting the electrical signals of the driving signal.as it is able to collect data to portray the information in a display graph of the data to be able to interpret and act on the raw data. It is also able to present the data to the user relevant status information contained in the data. (Paragraph 0149)
Allowable Subject Matter
Claims 2 – 3, 5 & 7 – 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
References that are analogous to the application are:
EP 3103496 A1 discloses a nebulizer that includes a driving unit that allows for the data of the input voltage to the device and the determination if the voltage is larger/smaller than the predetermine value.
US 20230122109 A1 discloses a smart nebulizer that is able to measure the volume of fluid in the reservoir and is able to shut down based on the amount of volume that is found in the reservoir by comparing the data to the predetermined value of the volume.
Neither of the references disclose wherein, when the processing device collects the electrical information of the sensing signal and the electrical information of the driving signal to calculate the medical fluid volume indication information, the processing device is further configured to: collect a sensing voltage of the sensing signal; collect a driving voltage of the driving signal; and divide the sensing voltage of the sensing signal by the driving voltage of the driving signal, so as to calculate and generate the medical fluid volume indication information based on this it makes any dependent claim objected as well.
Conclusion
Other references considered based on the search are: CN115721818A & CN116133710A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra 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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/GRACIELA NATALIA LEBRON DE JESUS/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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