DETAILED ACTION
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) 1-5, 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 receiver (Fig. 6B; 602) to receive a guide of the spray drying disposable device (the receiver receives the entire spray drying head 104A, which includes the guide), 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; the spray drying disposable device 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) the guide (Fig. 3C; portion of spray head 300 immediately downstream the tube 202C) that is offset from the center of the spray drying head and is independent of the pressurized aerosol gas inlet and drying gas inlet, wherein the guide is adapted to align with the spray drying apparatus and communicate with the drying gas 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 (independent = separate and distinct) of the pressurized aerosol gas inlet and drying gas inlet; 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 receiver of spray drying apparatus (the guide is aligned with the receiver in the configuration shown in Fig. 7B), 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 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’s arguments are moot in view of the new interpretation of the “guide” in claim 1.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON LAU whose telephone number is (571)270-7644. The examiner can normally be reached Mon-Fri 8:00-5:00.
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/JASON LAU/ Primary Examiner, Art Unit 3762
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