Prosecution Insights
Last updated: May 28, 2026
Application No. 16/837,754

COMPACT PORTABLE OXYGEN CONCENTRATOR

Final Rejection §112
Filed
Apr 01, 2020
Priority
Apr 01, 2019 — provisional 62/827,689
Examiner
JEONG, YOUNGSUL
Art Unit
1772
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Inogen Inc.
OA Round
6 (Final)
72%
Grant Probability
Favorable
7-8
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
514 granted / 716 resolved
+6.8% vs TC avg
Strong +21% interview lift
Without
With
+21.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
40 currently pending
Career history
750
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
85.2%
+45.2% vs TC avg
§102
1.4%
-38.6% vs TC avg
§112
6.4%
-33.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 716 resolved cases

Office Action

§112
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This is a response to Applicant's amendment filed on December 08, 2025. Status of Claims Claims 1, 10 and 23 have been amended. Claim 6 has been cancelled. A new claim 24 has been added. Claims 1-5 and 7-24 are pending. Claims 1-5 and 7-24 are examined herein. Response to Arguments Applicant's Remarks/Arguments and Amendments to the Claims both filed 12/08/2025 have been fully considered. It is noted that applicants amended claim 1 to recite “at least one stiffening support, the at least one stiffening support comprising a stiffening rib extending at least one of across an internal chamber of the vessel and along an interior wall surface of the internal chamber of the vessel;” in the context of a gas concentrator. Applicants amended claim 10 to recite “at least one stiffening support integral with the vessel wall;” and “wherein a cross section of the vessel Applicant argues that the cited prior arts, Deane et al. (US 2005/0072426A1), Chambers et al. (US 8,562,725 B2), Jagger et al. (US 7,604,005 B2), and/or Galbraith et al. (US 2018/0050167 A1), alone or in a combination, do not teach or suggest the (amended) features of claim 1, or claim 5, or claim 10 recited in claimed invention. See Remarks, pages 7-11. In response, the applicants’ arguments are considered persuasive. It is noted herein that claims 1-5 and 7-24 contain allowable subject matter as presented in the instant Office action. However, upon further reviewing of the claims, it is noted there are objections and 35 U.S.C. 112(a) issues in the claims as presented in the instant Office action. Claim Objections Claims 5 and 24 are objected to because of the following informalities: Claim 5 recites “pressure swing adsorption cycle,” in line 10. It is respectfully suggested to amend the recitation to “pressure swing adsorption cycle, and”. Claim 24 recites “adsorber” in line 9. It is respectfully suggested to amend the recitation to “adsorber.”. Appropriate corrections are required. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. Claims 10-16 and 21-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 10, the recitation “a cross section of the vessel is at least 90% filled with the adsorbent material,” in lines 7-8 is not supported by the specification or previously presented claims. A thorough review for the specification or previously presented claims did not locate any relevant information that discloses or suggests the limitation “a cross section of the vessel is at least 90% filled with the adsorbent material,” recited in claim 10. In the Applicant’s specification, it is noted that the specification discloses: (i) a cross section of the adsorber is at least 90% filled with the adsorbent material (Specification, paragraphs [0014]; [0015]); (ii) In some embodiments, a cross-section of the adsorber 140 can be at least 90% filled with adsorbent material 141. In some embodiments, a cross-section of a portion of the adsorber 140 housing adsorbent material 141 can be at least 90% filled with adsorbent material 141. In some embodiments, the portion of the adsorber 140 filled with adsorbent material 141 can be filled such that at any cross-section of the portion the adsorber 140 is at least 90% filled with adsorbent material 141 (Specification, paragraphs [0069]); and (iii) a cross section of the adsorber is at least 90% filled with the adsorbent material (claims 3 and 10 of the original claim set). However, the specification does not teach “a cross section of the vessel is at least 90% filled with the adsorbent material,” recited in lines 7-8 of claim 10. Appropriate correction is required. Claims 11-16 and 21-23 are also rejected under 35 U.S. §112 by virtue of its dependence on claim 10. Allowable Subject Matters and Allowed claims Claims 10-16 and 21-23 in the instant application are allowed if previously presented objection to claims 5 and 24, and 35 U.S.C. 112(a) rejections to claims 10-16 and 21-23 are resolved. Claims 1-5, 7-9 and 17-20 are allowed. The following is an examiner’s statement of reasons for allowance: A thorough search for pertinent prior art did not locate any prior art that discloses or suggests the invention recited in claims 1-5 and 7-24. The concept of a gas concentrator, comprising: an adsorber, the adsorber comprising: an adsorbent material comprising adsorbent particles; and a vessel housing the adsorbent material, the vessel comprising: a vessel wall having a non-circular cross section, the vessel wall having a thickness of at least 0.030 inches; and at least one stiffening support, the at least one stiffening support comprising a stiffening rib extending at least one of across an internal chamber of the vessel and along an interior wall surface of the internal chamber of the vessel; wherein a combination of a thickness of the vessel wall and a stiffness of the stiffening support is sufficient to limit deformation of the vessel wall to less than 0.1 mm under a pressure swing of at least 30 psi within the vessel during a pressure swing adsorption cycle, wherein a weight of the gas concentrator is between 2 pounds and 7 pounds, wherein a size of the gas concentrator is between 25 cubic inches and 200 cubic inches (claim 1) is considered novel. The concept of a gas concentrator, comprising: an adsorber, the adsorber comprising: an adsorbent material comprising adsorbent particles; and a vessel housing the adsorbent material, the vessel comprising: a vessel wall having a non-circular cross section; and at least one stiffening support; wherein a combination of a thickness of the vessel wall and a stiffness of the stiffening support is sufficient to limit deformation of the vessel wall to less than 0.1 mm under a pressure swing of at least 30 psi within the vessel during a pressure swing adsorption cycle, and wherein the vessel wall at least partially defines an internal chamber of the vessel, the internal chamber being defined by a top surface and a bottom surface, wherein the internal chamber is configured to house the adsorbent material, wherein the at least one stiffening support is positioned within the internal chamber between the top surf ace and the bottom surface and comprises a stiffening rib extending at least one of across the internal chamber of the vessel and along an interior wall surface of the internal chamber of the vessel (claim 5) is considered novel. The concept of a gas concentrator, comprising: an adsorber, the adsorber comprising: an adsorbent material comprising adsorbent particles; and a vessel housing the adsorbent material, the vessel comprising: a vessel wall having a non-circular cross section; and at least one stiffening support integral with the vessel wall; wherein a cross section of the vessel is at least 90% filled with the adsorbent material, wherein a weight of the gas concentrator is between 2 pounds and 7 pounds (claim 10) is considered novel. The closest prior art to Deane et al. (US 2005/0072426A1) discloses An oxygen concentrator comprising (Fig. 1; Fig. 3; Fig. 4; Fig. 6; Figs. 7A and 7B showing gas concentration mechanism; paragraphs [0064]-[0068]): (i) an adsorbent material comprising adsorbent particles (118a, 118b, Fig. 1); and (ii) a vessel (508a and/or 508b, Fig. 6) housing the adsorbent material (adsorbent materials 612, Fig. 6 (118a, 118b, Fig. 1 shows schematic picture of adsorbent bed comprising adsorbent materials) contained in the vessel 508a and/or 508b, Fig. 6), the vessel comprising: (1) a vessel wall having a circular cross section (walls of the vessel 508a, 508b, Fig. 6; paragraph [0064]); and (2) at least one stiffening support (202, Fig. 3 and Fig. 4) located outside of the vessel wall. Other pertinent prior art to Chambers et al. (US 8,562,725 B2) discloses an oxygen concentrator having, for example, a sieve bed that includes a vessel filled with a separation medium. The sieve bed vessel at least partially supports one chassis component with respect to another chassis component of the oxygen concentrator (col. 1, lines 39-44). Chambers discloses the oxygen concentrator comprising (Fig. 2, Fig. 3 and Fig. 4; col. 4, line 1 thru col. 5, line 67): (i) an adsorbent material comprising adsorbent particles (204, Fig. 2); and (ii) a vessel housing the adsorbent material (202, Fig. 2), the vessel comprising: (1) a vessel wall having a non-circular cross section (col. 4, lines 10-11, the vessel can have any cross-section including oval shape); and (2) at least one stiffening support (400, Fig. 4) located outside of the vessel wall. Other pertinent prior art to Jagger et al. (US 7,604,005 B2) discloses a removable gas separation cartridge for oxygen concentrator which includes a housing containing three columns, each having an inlet port, an outlet port, and a bed of adsorbent material. The cartridge is removable from an oxygen concentrator which separates oxygen from ambient air by using a vacuum swing absorption process (Abstract). Jagger discloses oxygen concentrator comprising an adsorbent and filters that filter air input and product gas output located front and end of the adsorbent material (Fig. 5; col. 5, lines 3-19). Other pertinent prior art to Galbraith et al. (US 2018/0050167 A1) discloses lightweight, portable oxygen concentrators that operate using an ultra-rapid, sub one second, adsorption cycle based on advanced molecular sieve materials (Abstract). Galbraith discloses, in an embodiment shown in Fig. 1 and Fig. 1A, the feature of the vessel wall of the first adsorber is joined to, or integrally formed with the vessel wall of the second adsorber (8, Fig. 1; Fig. 1A see vessel the walls of the two adsorbers are connected). The combination of the cited prior arts, alone or in a combination, does not provide any guidance which would lead one to construct a gas concentrator, recited in claim 1, or claim 5, or claim 10 of claimed invention. 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOUNGSUL JEONG whose telephone number is (571)270-1494. The examiner can normally be reached on Monday-Friday 9AM-5PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, In Suk Bullock can be reached on 571-272-5954. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /YOUNGSUL JEONG/Primary Examiner, Art Unit 1772
Read full office action

Prosecution Timeline

Show 14 earlier events
Apr 19, 2025
Examiner Interview Summary
May 13, 2025
Request for Continued Examination
May 14, 2025
Response after Non-Final Action
Sep 08, 2025
Non-Final Rejection mailed — §112
Dec 04, 2025
Examiner Interview Summary
Dec 08, 2025
Response Filed
Feb 23, 2026
Final Rejection mailed — §112
Apr 13, 2026
Response after Non-Final Action

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Prosecution Projections

7-8
Expected OA Rounds
72%
Grant Probability
93%
With Interview (+21.3%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 716 resolved cases by this examiner. Grant probability derived from career allowance rate.

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