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 Objections
Claim 1 is objected to because of the following informalities: In line 4 of claim 1, the term “and” was repeated twice. The limitation will be read as “…a second focusing lens element group, and an accelerating nozzle” upon further examination. Appropriate correction is required.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al (US 7476851 B2) “hereinafter Wang”.
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 1, Wang teaches a wide-size range aerodynamic focusing lens (10, i.e. aerosol beam shaping apparatus) comprising a virtual impactor comprising an inlet nozzle, a major flow tube (18), and a receiving nozzle (52, i.e. converging conical nozzle) (Column 8, lines 33-38); a plurality of grouped focusing elements (i.e. focusing means) comprising a first focusing lens element group, a refocusing lens element group, and a second focusing lens element group, and an accelerating nozzle (Column 8, lines 33-38 & Column 9, lines 4-45; See Figure 15 below).
Regarding claim 2, Wang teaches wherein the first focusing lens element group comprises one or more particle focusing lenses focusing a first size range particle (Column 26, line 51 – Column 27, line 47; See Figure 15 below).
Regarding claim 3, Wang teaches wherein the second focusing lens element group comprises one or more particle focusing lenses focusing a second size range particle (Column 26, line 51 – Column 27, line 47; See Figure 15 below).
Regarding claim 4, Wang teaches wherein the refocusing lens element group comprises one or more particle focusing lenses refocusing the first size range particle (Column 26, line 51 – Column 27, line 47; See Figure 15 below).
Regarding claim 5, Wang teaches wherein a particle enters the refocusing lens element group after passing through the first focusing lens element group and before entering the second focusing lens element group (Column 13, line 56 – Column 14, line 24; See Figure 15 below).
Regarding claim 6, Wang teaches wherein the accelerating nozzle (Column 8, lines 33-38) comprises a step nozzle, the step nozzle comprising a step diameter equal to approximately half a preceding proximal spacer diameter (i.e. nozzle diameter) (Column 28, lines 46-63).
Regarding claim 7, Wang teaches wherein the step is a large particle refocusing step (Column 28, lines 46-63).
Regarding claim 8, Wang teaches wherein the accelerating nozzle comprises a thin plate orifice exit (56) (Column 8, line 61 – Column 9, line 3; See Figure 15 below).
Regarding claim 9, Wang teaches wherein the thin plate orifice exit (56) is a small particle focusing exit (Column 8, line 61 – Column 9, line 3; See Figure 15 below).
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Allowable Subject Matter
Claims 10-17 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: In the Examiner’s opinion regarding claim 10, Wang teaches a wide-size range aerodynamic focusing lens (10, i.e. aerosol beam shaping apparatus) comprising a virtual impactor comprising an inlet nozzle, a major flow tube (18), and a receiving nozzle (52, i.e. converging conical nozzle) (Column 8, lines 33-38); a plurality of grouped focusing elements (i.e. focusing means) comprising a first focusing lens element group, a refocusing lens element group, and a second focusing lens element group, and an accelerating nozzle (Column 8, lines 33-38 & Column 9, lines 4-45).
However, Wang does not teach the structural limitations of a wide-size range aerodynamic focusing lens further comprising a third focusing lens element group and a plurality of spacers wherein a diameter ratio of a spacer proximal to a lens element is greater than or equal to 2 to and less than or equal to 20 where the stated limitations are not suggested in addition to not being anticipated or taught in combination with the remaining limitations of independent claim 10. The remaining claims are allowed due to their dependency.
Conclusion
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/J.L.J/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
