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 .
Response to Amendment
The Amendment filed 18 Nov 2025 has been entered. Claims 1-30 are pending in the application. Claims 5-8, 10, 21-27 and 29-30 are currently amended. Applicant’s amendment to the Specification and Claims have overcome each and every objection and 35 U.S.C. 112 rejection previously set forth in the Non-Final Office Action mailed 18 Jun 2025.
The amended claims are not interpreted as invoking 35 U.S.C. 112(f).
Response to Arguments
Applicant's arguments filed 18 Nov 2025 have been fully considered but they are not persuasive.
Regarding claim 1 applicant argues Kobayashi et al. (U.S. Pub. 2010/0154793) does not disclose an electronically actuated aperture plate including openings (Pg. 8). Applicant asserts that an inkjet mechanism would not include apertures to eject droplets.
It is respectfully submitted that the teachings of Kobayashi indicate fluid is transferred from reservoir 7 through communication tube 8b to ejection head 8a (e.g. Fig. 5; ¶¶0040-0041). The clearest indication in Kobayashi is that as fluid arrives at ejection head 8a from communication tube 8b the fluid will be acted on by the piezoelectric element discussed in ¶¶0033, 0081. Note also the discussion of orifices/nozzles in plural (¶0004). Applicant’s assertion that Kobayashi would not include apertures to eject droplets is thus not found to be substantiated and the rejection of claim 1 based upon Kobayashi is maintained.
Regarding claim 27 applicant argues Kobayashi does not teach a flexible ampoule separate from a hard shell and disposed entirely within the hard shell (Pg. 8). In this regard applicant cites to reservoir element 7 of Kobayashi and its teaching of a film.
It is respectfully submitted that the structure cited from Kobayashi for the hard shell of claim 27 was not reservoir 7 but instead the outer housing of ejection head portion 8 shown in Fig. 3. It is submitted that Figs. 3 & 5 of Kobayashi show reservoir 7 separate from and disposed within the ejection head portion 8.
Regarding claim 1 applicant argues that there is not a teaching or suggestion in Loeffler et al. (U.S. Pub. 2002/0134372) and Kern (U.S. Pub. 2019/0388627) to have combined them in the manner required in order to read on claim 1 (Pg. 8-9).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it is found that Loeffler teaches various forms of ampoule can be used as long as the ampoule is replaceable (e.g. ¶¶0050-0051, 0053-0054). Loeffler has no teaching against the use of a flexible ampoule and does teach an ampoule which would be inserted sealed and only punctured open upon insertion (Fig. 9; ¶0052). Kern teaches a flexible ampoule which is initially sealed and only punctured open upon insertion (Fig. 3; ¶¶0060-0061). One of ordinary skill in the art recognizing the close conceptual designs of Loeffler and Kern would thus have been reasonably motivated to have implemented the flexible ampoule design of Kern in Loeffler for the types of benefits previously identified (e.g. the use of a strong and sturdy plastic material which is easily cuttable, will be liquid-tight, and will allow ease of displacement of liquid out of the ampoule – ¶¶0044, 0046, 0050).
Further, applicant has not addressed the passage of Loeffler cited in the prior Office action which discusses that the ampoule can be made of a conforming material (¶0034), which is at least suggestive of a flexible material. The rejection of claim 1 based upon Loeffler and Kern is thus maintained.
Regarding claim 27 applicant argues that there is not a teaching or suggestion in Loeffler and Kern to have combined them in the manner required in order to read on claim 27 (Pg. 9).
It is respectfully submitted the ampoule of Loeffler is fully enclosed within a hard shell (e.g. Figs. 8-9). The only missing aspect from Loeffler is the specificity of the ampoule as flexible. As noted above, Loeffler has no teaching against the use of a flexible ampoule. Replacement of the ampoule of Loeffler with one of a flexible form as taught by Kern would not require materially changing the shell design of Loeffler and thus the combination of Loeffler and Kern is still found to read on claim 27.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 30 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 30 recites the limitation "the hard shell" in Ln. 6. There is insufficient antecedent basis for this limitation in the claim. The claim has only previously recited “a shell” and not recited the shell as specifically “hard.” It is thus unclear whether the claim is intended to specify the shell as “hard” or not. For the purposes of examination the limitation will be interpreted as reading “the shell” following after the earlier introduction in Ln. 2 of the claim.
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 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.
(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.
Claim(s) 1-4, 14-17, 19-22, and 25-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi et al. (U.S. Pub. 2010/0154793).
Regarding claim 1, Kobayashi discloses a droplet delivery device (Fig. 1; ¶¶0028, 0038) comprising: a housing (Fig. 1 #1; ¶0028) including an airflow exit at a mouthpiece (Fig. 1 #4; ¶0028); and a fluid reservoir (Figs. 2-3 #6; ¶0031) having a hard shell (Fig. 3 #8; ¶0040 – stainless steel) coupled to the housing (Fig. 4) in fluid communication with an electronically actuated aperture plate including openings (¶¶0004, 0033, 0040, 0081 – orifices of ejection head which can use piezoelectric energy); and a flexible ampoule (Fig. 4 #7; ¶0031) including a fluid (¶0031 – medicine) and contained within the hard shell of the reservoir (Fig. 4). The claim is afforded an effective filing date of 05 Mar 2017 based upon its particular recitations in regard to the fluid reservoir.
Regarding claim 2, Kobayashi discloses the fluid comprises a drug (¶0031 – medicine).
Regarding claim 3, Kobayashi discloses the flexible ampoule has an airtight seal and puncturable material (¶0040 – aluminum foil film).
Regarding claim 4, Kobayashi discloses the flexible ampoule has an airtight seal and puncturable material (¶0040 – aluminum foil film).
Regarding claim 14, Kobayashi discloses a piezoelectric actuator operably coupled to the aperture plate (¶¶0033, 0081).
Regarding claim 15, Kobayashi discloses a piezoelectric actuator operably coupled to the aperture plate (¶¶0033, 0081).
Regarding claim 16, Kobayashi discloses a piezoelectric actuator operably coupled to the aperture plate (¶¶0033, 0081).
Regarding claim 17, Kobayashi discloses a piezoelectric actuator operably coupled to the aperture plate (¶¶0033, 0081).
Regarding claim 19, Kobayashi discloses the puncturable material includes foil (¶0040).
Regarding claim 20, Kobayashi discloses the puncturable material includes foil (¶0040).
Regarding claim 21, Kobayashi discloses the hard shell includes a puncture element (Fig. 4 #8b; ¶0040) positioned to puncture the puncturable material.
Regarding claim 22, Kobayashi discloses the hard shell includes a puncture element (Fig. 4 #8b; ¶0040) positioned to puncture the puncturable material.
Regarding claim 25, Kobayashi discloses the hard shell includes a puncture element (Fig. 4 #8b; ¶0040) positioned to puncture the puncturable material.
Regarding claim 26, Kobayashi discloses the hard shell includes a puncture element (Fig. 4 #8b; ¶0040) positioned to puncture the puncturable material.
Regarding claim 27, Kobayashi discloses a fluid reservoir (Figs. 2-3 #6; ¶0031) comprising: a hard shell (Fig. 3 #8; ¶0040 – stainless steel) configured to couple to a base or housing of a droplet delivery device (e.g. Figs. 2-4); and a flexible ampoule
(Fig. 4 #7; ¶0031) including a fluid (¶0031 – medicine) that is a self-contained container physically separate from the hard shell and disposed entirely within the hard shell (Figs. 3 & 5 – #7 fully within #6, 8; ¶¶0040-0041). The claim is afforded an effective filing date of 05 Mar 2017 based upon its particular recitations in regard to the fluid reservoir.
Regarding claim 28, Kobayashi discloses the flexible ampoule is puncturable (¶0040).
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 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-17 and 24-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loeffler et al. (U.S. Pub. 2002/0134372) in view of Kern (U.S. Pub. 2019/0388627).
Regarding claim 1, Loeffler discloses a droplet delivery device (Fig. 6; ¶¶0047-0050) comprising: a housing (Fig. 6 #90; ¶0049) including an airflow exit at a mouthpiece (Fig. 6 #82; ¶0049); and a fluid reservoir (Fig. 9 #120 as related to Fig. 6 #80; ¶¶0047, 0051) having a hard shell (Fig. 8 #122; e.g. ¶0034 – firm material) coupled to the housing (Figs. 6 & 9) in fluid communication with an electronically actuated aperture plate including openings (Fig. 6 #104 as relating to Fig. 9 #20; ¶¶0038, 0049); and an ampoule (Fig. 9 #132; ¶0052) including a fluid (¶0052 – liquid) and contained within the hard shell of the reservoir (Fig. 9). The claim is afforded an effective filing date of 05 Mar 2017 based upon its particular recitations in regard to the fluid reservoir.
Loeffler is silent as to whether the ampoule is flexible.
However, Loeffler discusses that when inserted the ampoule may conform against a firm material of the feed system (¶0034). One of ordinary skill in the art would have considered it prima facie obvious that a material which is configured to conform would be at least somewhat flexible in order to perform the conforming function.
Kern teaches a nebulizer unit (Fig. 1; ¶0057) including an ampoule (Fig. 1 #20; ¶0057). Kern teaches the ampoule as desirably flexible in order to allow the use of a strong and sturdy plastic material which is easily cuttable, will be liquid-tight, and will allow ease of displacement of liquid out of the ampoule (¶¶0044, 0046, 0050).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the invention to have specified in Loeffler the ampoule is flexible based upon the obvious suggestion of a flexible material in Loeffler with its teaching of the ampoule conforming to the space where it is inserted and in order to provide the benefit of selecting a strong and sturdy plastic as a particular material which is easily cuttable, will be liquid-tight, and will allow ease of displacement of liquid out of the ampoule in view of Kern.
Regarding claim 2, Loeffler teaches the invention as modified above and further suggests as obvious the fluid comprises a drug (¶0049 – aerosol delivered via mouthpiece will obviously include a drug). See additionally the teaching of medication delivery in Kern (¶0003).
Regarding claim 3, Loeffler teaches the invention as modified above and further teaches the flexible ampoule has an airtight seal and puncturable material (¶0040 – only opened by piercing).
Regarding claim 4, Loeffler teaches the invention as modified above and further teaches the flexible ampoule has an airtight seal and puncturable material (¶0040 – only opened by piercing).
Regarding claim 5, Loeffler teaches the invention as modified above and further teaches the fluid reservoir includes a lid closure (Fig. 9 #144; ¶0054) coupled to the hard shell.
Regarding claim 6, Loeffler teaches the invention as modified above and further teaches the fluid reservoir includes a lid closure (Fig. 9 #144; ¶0054) coupled to the hard shell.
Regarding claim 7, Loeffler teaches the invention as modified above and further teaches the fluid reservoir includes a lid closure (Fig. 9 #144; ¶0054) coupled to the hard shell.
Regarding claim 8, Loeffler teaches the invention as modified above and further teaches the fluid reservoir includes a lid closure (Fig. 9 #144; ¶0054) coupled to the hard shell.
Regarding claim 9, Loeffler teaches the invention as modified above and further teaches a piezoelectric actuator (Fig. 9 #22 as related to Fig. 6 #106; ¶¶0043, 0049) operably coupled to the aperture plate.
Regarding claim 10, Loeffler teaches the invention as modified above and further teaches a piezoelectric actuator (Fig. 9 #22 as related to Fig. 6 #106; ¶¶0043, 0049) operably coupled to the aperture plate.
Regarding claim 11, Loeffler teaches the invention as modified above and further teaches a piezoelectric actuator (Fig. 9 #22 as related to Fig. 6 #106; ¶¶0043, 0049) operably coupled to the aperture plate.
Regarding claim 12, Loeffler teaches the invention as modified above and further teaches a piezoelectric actuator (Fig. 9 #22 as related to Fig. 6 #106; ¶¶0043, 0049) operably coupled to the aperture plate.
Regarding claim 13, Loeffler teaches the invention as modified above and further teaches a piezoelectric actuator (Fig. 9 #22 as related to Fig. 6 #106; ¶¶0043, 0049) operably coupled to the aperture plate.
Regarding claim 14, Loeffler teaches the invention as modified above and further teaches a piezoelectric actuator (Fig. 9 #22 as related to Fig. 6 #106; ¶¶0043, 0049) operably coupled to the aperture plate.
Regarding claim 15, Loeffler teaches the invention as modified above and further teaches a piezoelectric actuator (Fig. 9 #22 as related to Fig. 6 #106; ¶¶0043, 0049) operably coupled to the aperture plate.
Regarding claim 16, Loeffler teaches the invention as modified above and further teaches a piezoelectric actuator (Fig. 9 #22 as related to Fig. 6 #106; ¶¶0043, 0049) operably coupled to the aperture plate.
Regarding claim 17, Loeffler teaches the invention as modified above and further teaches a piezoelectric actuator (Fig. 9 #22 as related to Fig. 6 #106; ¶¶0043, 0049) operably coupled to the aperture plate.
Regarding claim 24, Loeffler teaches the invention as modified above and further teaches the hard shell includes a puncture element (Fig. 9 #140; ¶0052) positioned to puncture the puncturable material.
Regarding claim 25, Loeffler teaches the invention as modified above and further teaches the hard shell includes a puncture element (Fig. 9 #140; ¶0052) positioned to puncture the puncturable material.
Regarding claim 26, Loeffler teaches the invention as modified above and further teaches the hard shell includes a puncture element (Fig. 9 #140; ¶0052) positioned to puncture the puncturable material.
Regarding claim 27, Loeffler discloses a fluid reservoir (Fig. 9 #120; ¶0051) comprising: a hard shell (Fig. 8 #122; e.g. ¶0034 – firm material) configured to couple to a base or housing of a droplet delivery device (e.g. Fig. 6; ¶¶0047-0050); and an ampoule (Fig. 9 #132; ¶0052) including a fluid (¶0052 – liquid) that is a self-contained container physically separate from the hard shell and disposed entirely within the hard shell (Figs. 7 & 9; ¶¶051-0052, 0054-0055). The claim is afforded an effective filing date of 05 Mar 2017 based upon its particular recitations in regard to the fluid reservoir.
Loeffler is silent as to whether the ampoule is flexible.
However, Loeffler discusses that when inserted the ampoule may conform against a firm material of the feed system (¶0034). One of ordinary skill in the art would have considered it prima facie obvious that a material which is configured to conform would be at least somewhat flexible in order to perform the conforming function.
Kern teaches a nebulizer unit (Fig. 1; ¶0057) including an ampoule (Fig. 1 #20; ¶0057). Kern teaches the ampoule as desirably flexible in order to allow the use of a strong and sturdy plastic material which is easily cuttable, will be liquid-tight, and will allow ease of displacement of liquid out of the ampoule (¶¶0044, 0046, 0050).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the invention to have specified in Loeffler the ampoule is flexible based upon the obvious suggestion of a flexible material in Loeffler with its teaching of the ampoule conforming to the space where it is inserted and in order to provide the benefit of selecting a strong and sturdy plastic as a particular material which is easily cuttable, will be liquid-tight, and will allow ease of displacement of liquid out of the ampoule in view of Kern.
Regarding claim 28, Loeffler teaches the invention as modified above and further teaches the flexible ampoule is puncturable (Fig. 9; ¶0052).
Regarding claim 29, Loeffler teaches the invention as modified above and further teaches an interior of the hard shell containing the flexible ampoule is enclosed by a lid closure (Fig. 9 #144; ¶0054) coupled to the hard shell.
Regarding claim 30, Loeffler discloses a fluid reservoir (Fig. 9 #120; ¶0051) comprising: a shell (Fig. 8 #122) configured to couple to a base or housing of a droplet delivery device (e.g. Fig. 6; ¶¶0047-0050); a lid closure (Fig. 9 #144; ¶0054) coupled to the shell and enclosing an interior of the shell; and an ampoule (Fig. 9 #132; ¶0052) including a fluid (¶0052 – liquid) that is a self-contained container physically separate from the shell and disposed entirely within the shell (Figs. 7 & 9; ¶¶051-0052, 0054-0055), wherein the ampoule has a puncturable material (Fig. 9; ¶0052). The claim is afforded an effective filing date of 05 Mar 2017 based upon its particular recitations in regard to the fluid reservoir.
Loeffler is silent as to whether the ampoule is flexible.
However, Loeffler discusses that when inserted the ampoule may conform against a firm material of the feed system (¶0034). One of ordinary skill in the art would have considered it prima facie obvious that a material which is configured to conform would be at least somewhat flexible in order to perform the conforming function.
Kern teaches a nebulizer unit (Fig. 1; ¶0057) including an ampoule (Fig. 1 #20; ¶0057). Kern teaches the ampoule as desirably flexible in order to allow the use of a strong and sturdy plastic material which is easily cuttable, will be liquid-tight, and will allow ease of displacement of liquid out of the ampoule (¶¶0044, 0046, 0050).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the invention to have specified in Loeffler the ampoule is flexible based upon the obvious suggestion of a flexible material in Loeffler with its teaching of the ampoule conforming to the space where it is inserted and in order to provide the benefit of selecting a strong and sturdy plastic as a particular material which is easily cuttable, will be liquid-tight, and will allow ease of displacement of liquid out of the ampoule in view of Kern.
Claim(s) 18-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loeffler et al. (U.S. Pub. 2002/0134372) in view of Kern (U.S. Pub. 2019/0388627) and further in view of Kobayashi et al. (U.S. Pub. 2010/0154793).
Regarding claim 18, Loeffler teaches the invention as modified above but is silent as to whether the puncturable material includes foil.
Kobayashi teaches a medicine ejection device (Fig. 1; ¶¶0028, 0038) including a fluid reservoir (Figs. 2-3 #6; ¶0031) having a flexible ampoule (Fig. 4 #7; ¶0031) including a puncturable material including foil (¶0040). Kobayashi teaches a puncturable foil as providing the benefit of selecting a thin film of aluminum as a particular sealing material in the art known to prevent deterioration of a medication, prevent medicine from leaking, and being readily puncturable by a thin needle (¶0040).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the invention to have specified in the modified Loeffler the puncturable material includes foil in order to provide the benefit of selecting a thin film of aluminum as a particular sealing material in the art known to prevent deterioration of a medication, prevent medicine from leaking, and being readily puncturable by a thin needle in view of Kobayashi.
Regarding claim 19, Loeffler teaches the invention as modified above but is silent as to whether the puncturable material includes foil.
Kobayashi teaches a medicine ejection device (Fig. 1; ¶¶0028, 0038) including a fluid reservoir (Figs. 2-3 #6; ¶0031) having a flexible ampoule (Fig. 4 #7; ¶0031) including a puncturable material including foil (¶0040). Kobayashi teaches a puncturable foil as providing the benefit of selecting a thin film of aluminum as a particular sealing material in the art known to prevent deterioration of a medication, prevent medicine from leaking, and being readily puncturable by a thin needle (¶0040).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the invention to have specified in the modified Loeffler the puncturable material includes foil in order to provide the benefit of selecting a thin film of aluminum as a particular sealing material in the art known to prevent deterioration of a medication, prevent medicine from leaking, and being readily puncturable by a thin needle in view of Kobayashi.
Regarding claim 20, Loeffler teaches the invention as modified above but is silent as to whether the puncturable material includes foil.
Kobayashi teaches a medicine ejection device (Fig. 1; ¶¶0028, 0038) including a fluid reservoir (Figs. 2-3 #6; ¶0031) having a flexible ampoule (Fig. 4 #7; ¶0031) including a puncturable material including foil (¶0040). Kobayashi teaches a puncturable foil as providing the benefit of selecting a thin film of aluminum as a particular sealing material in the art known to prevent deterioration of a medication, prevent medicine from leaking, and being readily puncturable by a thin needle (¶0040).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the invention to have specified in the modified Loeffler the puncturable material includes foil in order to provide the benefit of selecting a thin film of aluminum as a particular sealing material in the art known to prevent deterioration of a medication, prevent medicine from leaking, and being readily puncturable by a thin needle in view of Kobayashi.
Regarding claim 21, Loeffler teaches the invention as modified above and further teaches the hard shell includes a puncture element (Fig. 9 #140; ¶0052) positioned to puncture the puncturable material.
Regarding claim 22, Loeffler teaches the invention as modified above and further teaches the hard shell includes a puncture element (Fig. 9 #140; ¶0052) positioned to puncture the puncturable material.
Regarding claim 23, Loeffler teaches the invention as modified above and further teaches the hard shell includes a puncture element (Fig. 9 #140; ¶0052) positioned to puncture the puncturable material.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Note is again made of the previously cited prior art of Robertson et al. (U.S. Patent 5487378; Fig. 2 – solid vessel 12 around bag 10) and Gallem et al. (U.S. Pub. 2011/0146670; Fig. 9 ampoule 129 within cylindrical portion 15).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH D BOECKER whose telephone number is (571)270-0376. The examiner can normally be reached M-F 9:00 AM - 4:00 PM.
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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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/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785