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 Rejections - 35 USC § 102
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 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.
Claim(s) 1-4, 6-17, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US PGPub 2017/0296760).
Regarding Claim 1, Lee teaches a device for delivering an agent (Figures 1-10), comprising:
a body (100; Figures 1-2) including an enclosure (111a; Figure 2) storing the agent (Paragraph 0056-0057), a chamber (122a; Paragraph 0074) positioned downstream from the enclosure (111a), and an inlet (137; Figure 2; Paragraph 0081) and an outlet (121; Figure 2; Paragraph 0071-0072) each in fluid communication with the chamber (122a; Figure 2);
a valve (140; Figures 7, 8A, and 8B) positioned within the body (100) downstream from the enclosure (111a) and upstream from the chamber (122a), the valve (140) including an opening (141b) extending through the valve (140) (Paragraph 0089-0091);
wherein the valve (140) is configured to move relative to the body (100) between:
a first configuration (Figure 8A) in which the opening (141b) of the valve (140) is misaligned with each of the enclosure (111a) and the chamber (122a) such that the valve (140) is configured to prevent the agent from exiting the enclosure (111a) and entering the chamber (122a) (Paragraph 0090); and
a second configuration (Figure 8B) in which the opening (141b) of the valve (140) is aligned with each of the enclosure (111a) and the chamber (122a) such that the valve (140) is configured to allow the agent to exit the enclosure (111a) and enter the chamber (122b) (Paragraph 0091);
wherein the body (100) is configured to:
deliver a fluid (air) received from the inlet (137) towards the chamber (122a; Paragraph 0073);
combine the fluid (air) received from the inlet (137) with the agent received from the enclosure (111a) via the valve (140) in the chamber (122a), and deliver a combination of the fluid and the agent out of the chamber (122a) via the outlet (121; Paragraph 0073-0075).
Regarding Claim 2, Lee teaches the device of claim 1, further comprising an actuator (260; Figure 10) that is configured to move the valve (140) between the first configuration (Figure 8A) and the second configuration (Figure 8B; Paragraph 0098).
Regarding Claim 3, Lee teaches the device of claim 1, wherein in the first configuration (Figure 8A), the enclosure (111a) is not in fluid communication with the chamber (122a) (Paragraph 0090), and in the second configuration (Figure 8B), the enclosure (111a) is in fluid communication with the chamber (122a) through the valve (140) (Paragraph 0091).
Regarding Claim 4, Lee teaches the device of claim 1, wherein the valve (140) is configured to move from the first configuration (Figure 8A) towards the second configuration (Figure 8B) only when the fluid (air) flows from the inlet (137) through the chamber (122a; Paragraph 0088 discloses that air is always flowing from the inlet through the chamber).
Regarding Claim 6, Lee teaches the device of claim 1, wherein the body (100; Figure 2) is configured to deliver the fluid received from the inlet (137) through the chamber (122a) and out of the outlet (121) while the valve (140) is in the first configuration (Figure 8A; Paragraph 0088), such that the agent stored in the enclosure (111a) is blocked from entering the chamber (122a) and the fluid is allowed to flow through the outlet (121) free from the agent (Paragraph 0088).
Regarding Claim 7, Lee teaches the device of claim 1, further comprising a second valve (124) that is configured to release the fluid into the body (100) via the inlet (137), wherein the valve (140) and the second valve (124) are configured to be independently actuated (Paragraph 0093 and 0096).
Regarding Claim 8, Lee teaches the device of claim 7, wherein the valve (140) is selectively controlled by a first actuator (Paragraph 0096) and the second valve (124) is selectively controlled by a second actuator Paragraph 0093 states that air distributer can be adjusted and thus inherently has an actuator), the first actuator (260) is configured to actuate the valve (140) only when the second valve (124) is actuated by the second actuator (the Examiner notes that this limitation is an intended use and the device is configured such that the first actuator can be actuated to open the first valve only after the second valve is actuated to an open position).
Regarding Claim 9, Lee teaches the device of claim 1, wherein the enclosure (111a) and the chamber (122a) each include an inlet (see Figure 2 and 8A-8B), and the opening (141a) of the valve (140) is misaligned with each inlet of the enclosure (111a) and the chamber (122a) when the valve (140) is in the first configuration (Figure 2; and Figure 8A).
Regarding Claim 10, Lee teaches the device of claim 9, wherein each inlet of the enclosure (111a) and the chamber (122a) are aligned with the opening (141a) of the valve (140) when the valve (140) is in the second configuration (Figure 8B).
Regarding Claim 11, Lee teaches a device for delivering an agent, comprising:
a source of fluid (137; Figure 2; Paragraph 0081) (240; Figure 10; Paragraph 0098);
a source of the agent (111a; Figure 2; Paragraph 0056-0057);
a chamber (122a) for receiving a fluid (air) from the source of fluid (137) and the agent from the source of the agent (111a; Paragraph 0073-0074); and
an actuator (260; Figure 10; Paragraph 0098) configured to transition a valve (140) from a first configuration (Figure 8A) towards a second configuration (Figure 8B) by moving the valve (140) downstream from the source of the agent (137) and upstream from the chamber (122a; Figure 2);
wherein, in the first configuration (Figure 8A), an opening (141b) of the valve (140) is misaligned with the chamber (122a) such that the valve (140) is configured to prevent the agent from exiting the source of the agent (111a) and entering the chamber (122b; Paragraph 0090);
wherein, in the second configuration (Figure 8B), the opening (141b) of the valve (140) is aligned with the chamber (122a) such that the valve (140) is configured to allow the agent to exit the source of the agent (111a) and enter the chamber (122a; Paragraph 0091); and
wherein the chamber (122a) is configured to deliver:
the fluid (air) without the agent (powder) when the valve (140) is in the first configuration (Figure 8A) in response to the opening (141b) of the valve (140) not being in fluid communication with the chamber (122a; Paragraph 0088-0090);
the fluid (air) with the agent (powder) when the valve (140) is in the second configuration (Figure 8B) in response to the opening (141b) of the valve (140) being in fluid communication with the chamber (122a; Paragraph 0091).
Regarding Claim 12, Lee teaches the device of claim 11, wherein the source of the agent includes an enclosure (111a; Paragraph 0056) positioned upstream from the valve (140; Figure 7), wherein in the first configuration (Figure 8A), the enclosure (111a) is in not in fluid communication with the chamber (122a) via the valve (140; Paragraph 0088-0090), and in the second configuration (Figure 8B), the enclosure (111a) is in fluid communication with the chamber (122a) through the valve (140; Paragraph 0091).
Regarding Claim 13, Lee teaches the device of claim 11, wherein the valve (140) is configured to move from the first configuration (Figure 8A) towards the second configuration (Figure 8B) only after a flow of the fluid from the source of the fluid flows through the chamber (122a; Paragraph 0088 discloses that air is always flowing from the inlet through the chamber).
Regarding Claim 14, Lee teaches the device of claim 13, wherein the flow of the fluid from the source of the fluid (137) is substantially free of the agent from the source of the agent (111a) prior to the valve (140) translating below the source of the agent (111a) from the first configuration (Figure 8A) towards the second configuration (Figure 8B) (Paragraph 0088).
Regarding Claim 15, Lee teaches the device of claim 11, wherein in the second configuration (Figure 8B), a combination of the fluid and the agent is delivered from the chamber (122a) through an outlet (121) (Paragraph 0091).
Regarding Claim 16, teaches a device for delivering an agent, comprising:
a source of a pressurized fluid (137; Figure 2; Paragraph 0081) (240; Figure 10; Paragraph 0098);
a source of the agent (111a; Figure 2; Paragraph 0056-0057);
a valve (140; Figures 7, 8A, and 8B) positioned downstream from the source of the agent (111a) and upstream from the source of the pressurized fluid (240; Figure 10; Paragraph 0098), the valve (140) including an opening (141b) extending through the valve (140; Figures 8A-8B); and
a chamber (122a) for receiving the pressurized fluid (air) from the source of the pressurized fluid (240) and the agent (powder) from the source of the agent (111a) via the opening (141b) through the valve (140; Paragraph 0088-0091);
wherein the valve (140) is positioned between and configured to move relative to the source of the agent (112a) and the chamber (122a) towards:
a first position (Figure 8A) to fluidly decouple the opening (141b) from the source of the agent (111a) and the chamber (122a), such that the agent stored in the source of the agent (111a) is blocked by the valve (140) from entering the chamber (122a; Paragraph 0090); and
a second position (Figure 8B) to fluidly couple the opening (141b) with the source of the agent (111a) and the chamber (122a), such that the pressurized fluid stored in the source of the pressurized fluid and the agent stored in the source of the agent are combined in the chamber (122a) for delivery out of the device (Paragraph 0088 and Paragraph 0091).
Regarding Claim 17, Lee teaches the device of claim 16, further comprising an actuator (260) that is configured to move the valve (140) from the first position (Figure 8A) towards the second position (Figure 8B) relative to the chamber (122a; Paragraph 0098).
Regarding Claim 19, Lee teaches the device of claim 16, wherein in the second position of the valve (140; Figure 8B), a combination of the pressurized fluid and the agent is mixed inside the chamber (122a) and delivered out of the device through an outlet (121) of the device that is in fluid communication with the chamber (122a; Figure 2; Paragraph 0088 and Paragraph 0091).
Regarding Claim 20, Lee teaches the device of claim 19, wherein after delivering a combination of the pressurized fluid (air) and the agent (powder) through the outlet (121), the valve (140) is configured to return towards the first configuration (Figure 8A) such that actuation of the source of the pressurized fluid (260) is configured to generate a flow of the pressurized fluid delivered to the outlet (121) substantially free from the agent (powder; Paragraph 0088).
Allowable Subject Matter
Claims 5 and 18 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.
The prior art of record fails to disclose: the valve includes a first portion, a second portion that is separated from the first portion by the opening, and a spring that is configured to connect the first portion to the second portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED GAMIL GABR whose telephone number is (571)272-0569. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at (571) 270-5953. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MOHAMED GAMIL GABR
Primary Examiner
Art Unit 3771
/MOHAMED G GABR/Primary Examiner, Art Unit 3771