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Last Updated: December 22, 2024

Details for Patent: 10,569,034


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Summary for Patent: 10,569,034
Title:Compliance monitoring module for a breath-actuated inhaler
Abstract: A compliance monitoring module for a breath-actuated inhaler comprising: a miniature pressure sensor, a sensor port of said sensor being pneumatically coupled to a flow channel through which a user can inhale; a processor configured to: receive a signal originating from a dosing mechanism of the inhaler indicating that medication has been released; receive data from a sensing element of the sensor; and based on said signal from said dosing mechanism and said data from said sensing element, make a determination that inhalation of a breath containing medication through said flow channel complies with one or more predetermined requirements for successful dosing; and a transmitter configured to, responsive to said determination, issue a dosing report.
Inventor(s): Morrison; Mark Steven (Basking Ridge, NJ), Weitzel; Douglas E. (Hamilton, NJ), Calderon Oliveras; Enrique (Waterford, IE), Buck; Daniel (Waterford, IE)
Assignee: Norton (Waterford) Limited (Waterford, IE)
Application Number:15/681,126
Patent Claim Types:
see list of patent claims
Use; Delivery;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 10,569,034: A Detailed Analysis

Introduction

Patent 10,569,034, like any other patent, is a complex document that outlines the invention, its scope, and the claims made by the inventors. To analyze this patent, it is crucial to understand the patent's context, the claims it makes, and how it fits into the broader patent landscape.

Patent Overview

Patent Title and Abstract

The title of the patent provides a brief description of the invention, while the abstract gives a concise summary of the main aspects of the invention. For Patent 10,569,034, the title and abstract are critical in understanding the core of the invention.

Inventors and Assignees

Identifying the inventors and assignees can provide insights into the background and potential applications of the invention. This information can be found in the patent document itself.

Claims Analysis

Types of Claims

Patent claims can be categorized into independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims[3].

Claim Structure

  • Independent Claims: These claims are self-contained and define the invention without reference to other claims. They are crucial for determining the scope of the patent.
  • Dependent Claims: These claims build upon the independent claims and add additional limitations. They help in narrowing down the scope and can provide additional protection.

Claim Language and Scope

The language used in the claims is pivotal. Broad claims may cover a wider range of applications but are more likely to face challenges during the patent examination process. Narrower claims, while more specific, may offer stronger protection but limit the scope of the invention[3].

Subject Matter Eligibility

Recent USPTO Guidance

The 2024 USPTO guidance update on AI patent eligibility is particularly relevant if the patent involves AI or software-related inventions. This update emphasizes the importance of integrating judicial exceptions into practical applications to ensure patent eligibility. For example, claims must demonstrate concrete technological improvements or practical applications to be considered patent-eligible[1].

Examples from USPTO Guidance

  • Example 47: This example illustrates how an artificial neural network designed to identify anomalies can meet eligibility criteria by demonstrating an improvement in computer technology.
  • Example 48: This involves AI-based methods for analyzing speech signals, showing how claims that apply AI to solve specific technical problems can be patent-eligible.
  • Example 49: This example highlights a method for personalizing medical treatment using an AI model, illustrating how AI can be integrated into practical applications that provide concrete benefits in the medical field[1].

Patent Landscape

Prior Art and Novelty

To understand the patent landscape, it is essential to conduct a thorough prior art search. This involves using tools like the USPTO's Patent Public Search, Global Dossier, and other international patent databases to ensure the invention is novel and non-obvious[4].

Related Patents and Patent Families

Identifying related patents and patent families can help in understanding the broader context of the invention. Tools like the Global Dossier and Patent Examination Data System (PEDS) can provide insights into the file histories of related applications and the patent family for a specific application[4].

Practical Applications and Real-World Impact

Demonstrating Practical Utility

The 2024 USPTO guidance emphasizes the importance of demonstrating how the abstract idea is applied in a way that provides concrete benefits or solves specific problems in the relevant field. For example, in Example 48, the claim is patent-eligible because it specifies the use of separated audio components in a real-time speech recognition system to enhance the accuracy of voice commands in hands-free environments[1].

Industry Impact

Understanding the practical applications of the patent can help in assessing its potential impact on the industry. This includes analyzing how the invention solves real-world problems and its potential for innovation and market disruption.

Litigation and Enforcement

Patent Validity and Infringement

The validity of the patent and potential infringement issues are critical aspects to consider. Narrower claims may be less likely to face validity challenges but could be easier to design around. Broader claims, while offering wider protection, may be more susceptible to validity challenges[3].

Licensing and Collaboration

The patent's scope and claims can also influence licensing and collaboration opportunities. Clear and well-defined claims can facilitate negotiations and agreements with other companies.

Key Takeaways

  • Claims Analysis: Understanding the structure and language of the claims is crucial for determining the scope and validity of the patent.
  • Subject Matter Eligibility: Ensuring that the claims integrate judicial exceptions into practical applications is essential for AI and software-related inventions.
  • Prior Art and Novelty: Conducting thorough prior art searches is vital to ensure the invention is novel and non-obvious.
  • Practical Applications: Demonstrating concrete benefits and real-world applications is key to patent eligibility and industry impact.
  • Litigation and Enforcement: The scope and validity of the claims can significantly affect litigation and enforcement strategies.

FAQs

Q: What is the importance of independent claims in a patent?

A: Independent claims are self-contained and define the invention without reference to other claims. They are crucial for determining the scope of the patent and are often the focus of patent examination and litigation.

Q: How does the 2024 USPTO guidance update impact AI-related patent claims?

A: The update emphasizes integrating judicial exceptions into practical applications to ensure patent eligibility. It provides examples illustrating how AI-related claims can meet eligibility criteria by demonstrating concrete technological improvements or practical applications.

Q: What tools are available for conducting prior art searches?

A: Tools such as the USPTO's Patent Public Search, Global Dossier, and international patent databases like those from the European Patent Office (EPO) and World Intellectual Property Organization (WIPO) are available for conducting prior art searches.

Q: Why is demonstrating practical utility important for patent eligibility?

A: Demonstrating practical utility shows how the abstract idea is applied in a way that provides concrete benefits or solves specific problems in the relevant field, which is crucial for meeting patent eligibility criteria.

Q: How can the scope of the claims affect licensing and collaboration opportunities?

A: Clear and well-defined claims can facilitate negotiations and agreements with other companies, while broader or narrower claims can influence the terms and feasibility of licensing and collaboration.

Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
  2. U.S. Patent and Trademark Office (USPTO) | USAGov
  3. Patent Claims and Patent Scope - SSRN
  4. Search for patents - USPTO

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Drugs Protected by US Patent 10,569,034

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Teva Branded Pharm PROAIR DIGIHALER albuterol sulfate POWDER, METERED;INHALATION 205636-002 Dec 21, 2018 DISCN Yes No ⤷  Subscribe ⤷  Subscribe Y ⤷  Subscribe
Teva Pharm AIRDUO DIGIHALER fluticasone propionate; salmeterol xinafoate POWDER;INHALATION 208799-004 Jul 12, 2019 DISCN Yes No ⤷  Subscribe ⤷  Subscribe Y ⤷  Subscribe
Teva Pharm AIRDUO DIGIHALER fluticasone propionate; salmeterol xinafoate POWDER;INHALATION 208799-005 Jul 12, 2019 DISCN Yes No ⤷  Subscribe ⤷  Subscribe Y ⤷  Subscribe
Teva Pharm AIRDUO DIGIHALER fluticasone propionate; salmeterol xinafoate POWDER;INHALATION 208799-006 Jul 12, 2019 DISCN Yes No ⤷  Subscribe ⤷  Subscribe Y ⤷  Subscribe
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

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