DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/4/2025 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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) 1-7, 23, 24 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Haley (US 20140088768 A1).
Regarding claim 1, Haley discloses a spray drying disposable device for use in a spray drying apparatus having a first locator of a locating arrangement, a plasma source providing a plasma, a pressurized aerosol gas source providing a pressurized aerosol gas and a drying gas source providing a drying gas; said spray drying disposable device having a top end (Fig. 3C, 202A) and a bottom end (Fig. 3C: end with the nozzle 356) defining an axis through a center of a spray drying head comprises:
A) the spray drying head comprising:
i) a spray dry nozzle (Fig. 3C, 356) having a plasma inlet (Fig. 3C, 202A) in fluid communication with the plasma source and having a pressurized aerosol gas inlet (Fig. 3C: inlet into conduit 352) in fluid communication with the pressurized aerosol gas source (paras. 107, 108);
ii) a drying gas inlet (Fig. 3C, opening into 202C) in communication with the drying gas source (para. 95);
iii) a guide (Fig. 3C, 202B’) that is offset from the center of the spray drying head and is independent of the pressurized aerosol gas inlet (the guide and aerosol gas inlet are separable pieces, i.e., structurally independent), wherein the guide is adapted to align with the drying gas source of spray drying apparatus (the guide is aligned with the drying gas source in such a way that the aerosolizing gas from the guide is directed towards the drying gas emanating from the drying source);
iv) a ridge (Fig. 3B, 310) adapted to engage with a groove (Fig. 7B, 120) of the spray drying apparatus to align spray drying disposable device with the spray drying apparatus (note: the spray drying head is capable of engaging with a different undisclosed spray drying apparatus; since the spray drying apparatus is not claimed, then any mention of the spray drying apparatus in the claim is given limited weight); and
v) a second locator (Fig. 3C: structure defining the inlet port 202B) in the spray drying head; wherein the second locator is adapted to align with the first locator (para. 140) and the second locator is independent of the pressurized aerosol gas inlet and the guide adapted to communicate with the drying gas inlet (the second locator is a separable component from the pressurized aerosol gas inlet; the second locator is also a distinct piece from the drying gas inlet, and does not receive gas from the drying gas inlet; the guide is capable of being in fluid communication with the drying inlet since they both are open to the atmosphere); and
B) a drying chamber (Fig. 2A, 104B) in fluid communication with the spray dry nozzle and the drying gas source, and adapted to receive atomized plasma from the spray dry nozzle for drying (para. 92);
wherein the second locator of the spray drying head is configured to self-align with the first locator of spray drying apparatus upon closing of a door (Fig. 7b, at least one of the locking mechanisms 610) of the spray drying apparatus, if when in use, the second locator is within about 30 degrees or less of the first locator (the first and second locators are parallel to each other) (note: the limitation, “wherein the second locator of the spray drying head is configured to self-align with the first locator of spray drying apparatus upon closing of a door of the spray drying apparatus”, is examined to be optional due to the conditional statement: “if when in use, the second locator is within about 30 degrees or less of the first locator”, and the conditional statement may never be in effect)
wherein when the guide aligns with the drying gas source of spray drying apparatus, the first locator of the locating arrangement is aligned with the second locator of the spray drying head, and ridge of spray drying head engages the groove of the spray drying apparatus, the spray drying apparatus and the spray drying disposable device are in an aligned position and
when in the aligned position, the spray drying head is prevented from substantially moving along the axis or about the axis (see para. 119; see also Fig. 7B showing where the spray drying head is locked in place and immovable in the claimed directions).
Regarding claim 2, Haley discloses the spray drying disposable device of Claim 1, wherein the spray drying apparatus comprises an exhaust port (Fig. 2D: inlet port of line 208) and the spray drying disposable device comprises a gas outlet (Fig. 2D, 212B); wherein when in an aligned position the gas outlet attaches to the exhaust port (para. 99).
Regarding claim 3, Haley discloses the spray drying disposable device of Claim 1, wherein the spray drying disposable device has an outer edge (Fig. 3A, 300) and one or more first positioning arrangements (Fig. 3A, 306) at the outer edge.
Regarding claim 4, Haley discloses the spray drying disposable device of Claim 1, wherein said second locator attaches, fits, complements or communicates with the first locator (para. 140).
Regarding claim 5, Haley discloses the spray drying disposable device of Claim 1, wherein the locating arrangement comprises a recess/projection arrangement, a complementing shape arrangement, a hook/receiver arrangement, a channel and groove arrangement, a latch and catch arrangement, or a combination thereof (para. 140 and Fig. 6B).
Regarding claim 6, Haley discloses the spray drying disposable device of Claim 1, wherein the spray drying apparatus further comprises a groove (Fig. 7, 120); wherein when in use and the groove receives the ridge, the spray drying apparatus and the spray drying disposable device are in an aligned position.
Regarding claim 7, Haley discloses the spray drying disposable device of Claim 1, wherein spray drying apparatus further comprises a retaining clip (Fig. 7; another one of the locking mechanisms 610 that is not the door), wherein when the retaining clip engages the spray drying head, the spray drying apparatus and the spray drying disposable device are in an aligned position.
Regarding claims 23, 24, Haley discloses the spray drying disposable device of Claim 1, wherein the locating arrangement for aligning the spray drying disposable device comprises an indicator (visual indicator) to communicate that the spray drying disposable device is aligned, wherein the indicator is an audible indicator or a visual indicator (the user can visually see if a connection has been made).
Response to Arguments
Applicant asserts on pg. 7 of the Remarks the following:
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Examiner’s response:
The cited guide and second locator are physically distinct, separable, and spaced-apart from the pressurized aerosol gas inlet and drying gas inlet. Therefore, the guide and second locator are independent from the pressurized aerosol gas inlet and drying gas inlet.
Moreover, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant asserts on pg. 8 of the Remarks the following:
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Examiner’s response:
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
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/JASON LAU/ Primary Examiner, Art Unit 3762