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
Examiner acknowledges the reply filed on 12/15/2025 in which claims 1, 60, 61, 65, and 66 have been amended and claim 125 is added. Currently, claims 1, 3, 6-12, 14, 15, 17, 18, 24, 25, 60, 61, 65, 66, and 125 are pending for examination in this application.
Response to Arguments
Applicant has resolved the double patenting rejections, due to the amendments to the instant application and reference application.
Applicant’s arguments, see Remarks pg. 9-11, filed 12/15/2025, with respect to the rejection(s) of amended claim(s) 60 and 66 under 35 U.S.C. § 102 in view of Smith have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Smith and Genger.
Applicant's arguments, see Remarks pg. 11-13, filed 12/15/2025, have been fully considered but they are not persuasive. Applicant argues that a POSITA would not have been motivated to modify Smith’s air inlet flow tube 755 to terminate at an opening formed in the inner surface of the side wall 765 and cites that the portion of the air inlet flow tube that would be removed would negatively impact the swirling of the air through the air flow path 760. Examiner disagrees as the purpose of the air inlet flow tube 755 is simply to direct air from outside the chamber to the chamber, the structure that Applicant highlighted is not cited in Smith as to having a special purpose that is necessary for the swirling of the gases through the air flow path. [0078] and [0079] of Smith explains that the structure of the air flow path 760 formed by the side sections 759 and barrier portion 753 is what allows for the swirling go the gases down and around the tub, not the configuration of the inlet. [0079] “As illustrated, the air flow path has a generally circular configuration. The shape and structure of the air flow path 760 provides the guidance for the air flow. In an embodiment, the roof 757 and/or floor 761 may have a slope to promote spiral or helical motion.” Additionally, there is no indication in Smith that structures of the air flow path would need to be extended if the inlet is altered. As stated above, the function of the inlet is to introduce gases into the chamber and the modification of Genger to replace one known inlet structure with another known inlet structure does not inhibit said function and provides predictable results of introducing gases into the chamber.
Applicant's arguments, see Remarks pg. 14-15, filed 12/15/2025, have been fully considered but they are not persuasive. Applicant argues that modifying the inlet of Smith to be extend solely through the side wall would require the position of the inlet to be lower which would be contrary to the goal of starting the airflow high and preventing excess water from exiting through the inlet. Firstly, Examiner disagrees that the modification of Genger requires for the position of the inlet to be moved lower. If the inlet of Smith is replaced with the inlet of Genger to terminate at the inner surface of the side wall, the inlet no longer extends through the roof and extends solely through the side wall as claimed. Secondly, one of ordinary skill in the art would implementing the inlet of Genger as seen in Fig. 3-4 to replace the air inlet flow tube 755 by implementing the inlet between the roof 757 and the barrier portion 753 as seen in Fig. 22 of Smith as the function of the inlet in Smith is to direct air into the air flow path and replacing the inlet of Smith with the inlet of Genger does not change the function. As such, the goals of Smith are achieved.
Applicant's arguments, see Remarks pg. 15-16, filed 12/15/2025, regarding independent claim 61 have been fully considered but they are not persuasive for the reasons provided above.
Applicant's arguments, see Remarks pg. 16-18, filed 12/15/2025, regarding independent claim 65 have been fully considered but they are not persuasive for the reasons provided above. Applicant also argues that the gases flow from the air inlet flow tube 755 does not flow in a direction substantially tangential to an arcuate section of the side wall 765 located adjacent to the air inlet flow tube 755. However, Examiner disagrees as the point at which Applicant chooses to depict the tangent of the side wall is not the only tangent of the side wall. Examiner points to Examiner Annotations 1 to depict the inlet being located adjacent to an arcuate section of the side wall and the gases jet in a direction substantially tangential to the arcuate section of the side wall.
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Examiner Annotations 1
With regards to the REQUEST FOR SUPERVISOR REVIEW dated 12/15/2025. This Office Action was reviewed with Supervisory Patent Examiner Kendra Carter on 04/07/2026.
Election/Restrictions
Newly submitted claim 125 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Applicant elected Group I, including Species B1 of species B in the Response to the Restriction Requirement dated 07/03/2023. Species B1 is directed to one or more internal elements to guide the gas flow being baffle/wall sub-species described in figures 12 and 18. Claim 125 claims “wherein the chamber does not include any internal elements extending from the inner surface of the side wall” which is directly contradictory to the elected sub-species of baffle/wall sub-species elected as the one or more internal elements to guide the gas flow.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 125 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 103
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, 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.
Claims 1, 3, 14-15, 17-18, 24-25, 60-61, and 65-66 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 20170035984 A1) and Genger et al. (US 20080245365 A1).
Regarding claim 1, Smith discloses a humidification chamber for use in a medical humidification system (Humidifier tub 750 for CPAP device; Title; Fig. 21-25), the humidification chamber comprising:
a chamber ([0078] Tub portion 751; Fig. 21-25) comprising a base ([0049] Base plate 452; Fig. 2C-2D. Not shown in this embodiment but must be included in order for humidifier to function properly) and a top ([0078] Roof 757; Fig. 22) linked by a side wall ([0078] Side wall 765; Fig. 21-23), wherein an inner surface of the side wall (see Fig. 22-23, inner surface of side wall 765 defines an internal perimeter of the tub 750) is configured to be in contact with humidification fluid housed in the chamber in use (humidification fluid not shown in Fig. 21-25; however, [0018] supports the internal volume of humidification tub containing a humidification fluid. “the base plate and humidifier tub define a water chamber adapted to receive a volume of water”);
a gases inlet (Air inlet flow tube 755; Fig. 21-23) configured to receive a gases flow from a gases source (Inlet is configured to receive air from flow generator 20 as shown in Fig. 7A-7C); and
a gases outlet disposed on the top of the chamber (Air outlet flow tube 767; Fig. 21-23).
Smith does not disclose wherein the gases inlet extends solely through the side wall and terminates at an outlet that is formed as an opening in the inner surface of the side wall (see Fig. 21-23, opening where air inlet flow tube 755 intersects side wall 765).
However, Genger teaches a humidification chamber (evaporator; Fig. 3-4) wherein a gases inlet (inlet 24; Fig. 3-4) extends solely through a side wall (side wall of outer tub 28; Fig. 3-4) and terminates at an outlet that is formed as an opening in the inner surface of the side wall (see Fig. 3) in order to direct a gas flow in a direction substantially tangential to the side wall (see Fig. 3 and [0039], the outlet formed at the end of inlet 24 directs the flow along a space formed by the inner surface of the outer tub 28 and the outer surface of the inner tub 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the Smith device to include the inlet terminating at the opening formed in the inner surface of the side wall, as taught by Genger, as it would have been obvious substitution of one known element for another, using the inlet taught by Genger in place of the inlet of Smith which extends past the opening, and would provide predictable results, directing the flow of air from a gas supply to the inside of the humidifier chamber (see Genger [0039]). As modified, the inlet would also extend solely through the side wall.
Modified Smith teaches wherein the gases inlet is located below the gases outlet (see Fig. 21), wherein the gases inlet is orientated relative to the side wall to introduce the gases flow to the chamber from the outlet of the gases inlet (see modification above) as a gases jet in a direction substantially tangential to the side wall such that the gases flow, upon exiting the outlet of the gases inlet, is guided along the inner surface of the side wall ([0078] As best shown in FIG. 23, the tub portion 751 includes an air inlet flow tube 755 and a roof 757 and side sections 759 of an air flow path 760 that directs incoming air down and around within the tub 75. [0079] When the barrier portion 753 is coupled to the tub portion 751 (see FIG. 22), they cooperate to define the air flow path 760 that directs the air flow around and down towards the bottom of the tub 750 to the water surface. As illustrated, the air flow path has a generally circular configuration. The shape and structure of the air flow path 760 provides the guidance for the air flow. Also see Fig. 21-22, which depicts the inlet 755 being positioned to deliver the gases tangentially to the arcuate side wall section, as gases exit the inlet 755 they swirl around the arcuate side wall section).
Regarding claim 3, modified Smith teaches the humidification chamber of claim 1, Smith discloses wherein the side wall defines a substantially circular chamber, when viewed from above (see Fig. 21).
Regarding claim 14, modified Smith teaches the humidification chamber of claim 1, Smith discloses wherein at least one of a top inner surface of the top of the chamber, and the inner surface of the side wall of the chamber is configured to produce a turbulent gases flow within the humidification chamber ([0078] the tub portion 751 includes an air inlet flow tube 755 and a roof 757 and side sections 759 of an air flow path 760 that directs incoming air down and around within the tub 750; Fig. 21-25. [0079] In an embodiment, the roof 757 and/or floor 761 may have a slope to promote spiral or helical motion).
Regarding claim 15, modified Smith teaches the humidification chamber of claim 14, Smith discloses wherein at least one of the top inner surface comprises at least one of at least one protrusion projecting into the chamber to produce the turbulent gasses flow (Side sections 759 of an air flow path 760 are a projection/protrusion of the roof inner surface; see Fig. 23).
Regarding claim 17, modified Smith teaches the humidification chamber of claim 1, Smith discloses wherein at least one of the inlet or the side wall is configured such that gases entering the humidification chamber via the gases inlet swirl into a spiral within the humidification chamber before exiting the humidification chamber through the gases outlet ([0078] the tub portion 751 includes an air inlet flow tube 755 and a roof 757 and side sections 759 of an air flow path 760 that directs incoming air down and around within the tub 750; Fig. 21-25. The structure of the side wall and where the inlet is located allows for the swirling of the gases).
Regarding claim 18, modified Smith teaches the humidification chamber of claim 17, Smith discloses wherein the gases inlet is configured such that at least one of:
the gases entering the humidification chamber are introduced such that a bulk or average gases flow attaches to the side wall and follows a shape of the side wall ([0078] the tub portion 751 includes an air inlet flow tube 755 and a roof 757 and side sections 759 of an air flow path 760 that directs incoming air down and around within the tub 750; Fig. 21-25).
Regarding claim 24, modified Smith teaches the humidification chamber of claim 1, Smith discloses wherein a flow path through the gases inlet is angled down towards the base of the humidification chamber ([0078] As best shown in FIG. 23, the tub portion 751 includes an air inlet flow tube 755 and a roof 757 and side sections 759 of an air flow path 760 that directs incoming air down and around within the tub 750; Fig. 23. [0079] When the barrier portion 753 is coupled to the tub portion 751 (see FIG. 22), they cooperate to define the air flow path 760 that directs the air flow around and down towards the bottom of the tub 750 to the water surface; Fig. 22 and 24).
Regarding claim 25, modified Smith teaches the humidification chamber of claim 1, Smith discloses further comprising at least one internal element disposed between the gases inlet and the gases outlet to guide gases flow within the humidification chamber (Side sections 759 of an air flow path 760; see Fig. 23. [0078] the tub portion 751 includes an air inlet flow tube 755 and a roof 757 and side sections 759 of an air flow path 760 that directs incoming air down and around within the tub 750; Fig. 21-25).
Regarding claim 60, Smith discloses a humidification chamber (Humidifier tub 750 for CPAP device; Title; Fig. 21-25) comprising:
a base ([0049] Base plate 452; Fig. 2C-2D. Not shown in this embodiment but must be included in order for humidifier to function properly),
a wall defining a cavity to hold a humidification fluid (Side wall 765 and roof 757; Fig. 21-22. humidification fluid not shown in Fig. 21-25; however, [0018] supports the internal volume of humidification tub containing a humidification fluid. “the base plate and humidifier tub define a water chamber adapted to receive a volume of water”), an inner surface of the wall in contact with the humidification fluid in use (inner surface of side wall 765 and roof 757; see Fig. 22 and [0079]);
an inlet located on an arcuate side wall section of the wall ([0078] Air inlet flow tube 755; Fig. 21), the inlet extending in a first direction (Air inlet flow tube 755 extends to the right based on perspective in Fig. 22; See Examiner Annotations 2 below) and oriented relative to the arcuate side wall section to introduce a gases flow to the humidification chamber from an opening formed in the arcuate side wall section (see Fig. 21-23, opening where air inlet flow tube 755 intersects side wall 765) as a gases jet that flows in a direction substantially tangential to the arcuate side wall section of the humidification chamber ([0078] As best shown in FIG. 23, the tub portion 751 includes an air inlet flow tube 755 and a roof 757 and side sections 759 of an air flow path 760 that directs incoming air down and around within the tub 75. [0079] When the barrier portion 753 is coupled to the tub portion 751 (see FIG. 22), they cooperate to define the air flow path 760 that directs the air flow around and down towards the bottom of the tub 750 to the water surface. As illustrated, the air flow path has a generally circular configuration. The shape and structure of the air flow path 760 provides the guidance for the air flow. Also see Fig. 21-22, which depicts the inlet 755 being positioned to deliver the gases tangentially to the arcuate side wall section, as gases exit the inlet 755 they swirl around the arcuate side wall section); and
an outlet extending in a second direction (Air outlet flow tube 767 extends downwardly/upwardly; Fig. 22 & Examiner Annotations 2 below), the second direction being substantially normal/perpendicular to the first direction (The angle between the second and first direction is substantially perpendicular as the first direction is to the right and second direction is downward/upward; See Examiner Annotations 2 below).
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Examiner Annotations 2
Smith does not disclose the gases jet that flows in a direction substantially tangential to the arcuate side wall section of the humidification chamber immediately upon exiting the opening, as the inlet 755 extends past the opening where air inlet flow tube 755 intersects side wall 765.
However, Genger teaches a humidification chamber (evaporator; Fig. 3-4) wherein an inlet (inlet 24; Fig. 3-4) terminates at an opening formed in an arcuate side wall section (see Fig. 3) in order to direct a gas flow in a direction substantially tangential to the arcuate side wall section (see Fig. 3 and [0039], the outlet formed at the end of inlet 24 directs the flow along a space formed by the inner surface of the outer tub 28 and the outer surface of the inner tub 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the Smith device to include the inlet terminating at the opening formed in the arcuate side wall, as taught by Genger, as it would have been obvious substitution of one known element for another, using the inlet taught by Genger in place of the inlet of Smith which extends past the opening, and would provide predictable results, directing the flow of air from a gas supply to the inside of the humidifier chamber (see Genger [0039]).
Regarding claim 61, Smith discloses a humidification chamber (Humidifier tub 750; Fig. 21-25) comprising:
a base ([0049] Base plate 452; Fig. 2C-2D. Not shown in this embodiment must be included in order for humidifier to function properly) and a top ([0078] Roof 757; Fig. 22) linked by a side wall ([0078] Side wall 765; Fig. 22), wherein an inner surface of the side wall is configured to be in contact with humidification fluid in use (inner surface of side wall 765; see Fig. 22 and [0079]; humidification fluid not shown in Fig. 21-25; however, [0018] supports the internal volume of humidification tub containing a humidification fluid. “the base plate and humidifier tub define a water chamber adapted to receive a volume of water”);
an outlet positioned in a central region of the top ([0080] Air outlet flow tube 767 of the tub 750 is centrally located and formed in the tub portion 751 of the tub 750; Fig. 21), wherein the outlet is concentric humidification with the chamber (see [0080] and Fig. 21); and
an inlet located below the outlet ([0078] Air inlet flow tube 755; Fig. 21).
Smith does not disclose the inlet extending solely through the side wall, the inlet terminating at an inlet opening in the inner surface of the side wall (see Fig. 21-23, opening where air inlet flow tube 755 intersects side wall 765).
However, Genger teaches a humidification chamber (evaporator; Fig. 3-4) wherein an inlet (inlet 24; Fig. 3-4) extends solely through a side wall (side wall of outer tub 28; Fig. 3-4), the inlet terminating at an inlet opening in the inner surface of the side wall (see Fig. 3) in order to direct a gas flow in a direction substantially tangential to the side wall (see Fig. 3 and [0039], the outlet formed at the end of inlet 24 directs the flow along a space formed by the inner surface of the outer tub 28 and the outer surface of the inner tub 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the Smith device to include the inlet terminating at the opening formed in the inner surface of the side wall, as taught by Genger, as it would have been obvious substitution of one known element for another, using the inlet taught by Genger in place of the inlet of Smith which extends past the opening, and would provide predictable results, directing the flow of air from a gas supply to the inside of the humidifier chamber (see Genger [0039]). As modified, the inlet would also extend solely through the side wall.
Modified Smith teaches the inlet oriented relative to the side wall of the humidification chamber to introduce a gases flow to the humidification chamber from the inlet opening (see modification above) as a gases jet in a direction substantially tangential to the side wall of the humidification chamber ([0078] As best shown in FIG. 23, the tub portion 751 includes an air inlet flow tube 755 and a roof 757 and side sections 759 of an air flow path 760 that directs incoming air down and around within the tub 75. [0079] When the barrier portion 753 is coupled to the tub portion 751 (see FIG. 22), they cooperate to define the air flow path 760 that directs the air flow around and down towards the bottom of the tub 750 to the water surface. As illustrated, the air flow path has a generally circular configuration. The shape and structure of the air flow path 760 provides the guidance for the air flow. Also see Fig. 21-22, which depicts the inlet 755 being positioned to deliver the gases tangentially to the arcuate side wall section, as gases exit the inlet 755 they swirl around the arcuate side wall section),
wherein the outlet is normal (Applicant uses the term normal and perpendicular interchangeably in the Specifications [0019], so Examiner is interpreting them to mean the same thing) to the inlet (In a cross-sectional view, as seen in Fig. 22 and Examiner Annotations 2above, the outlet 767 is normal/perpendicular to the inlet 755).
Regarding claim 65, Smith discloses a humidification chamber for use in a medical humidification system (Humidifier tub 750 for CPAP device; Title; Fig. 21-25), the humidification chamber comprising:
a base ([0049] Base plate 452; Fig. 2C-2D. Not shown in this embodiment but must be included in order for humidifier to function properly) and a top ([0078] Roof 757; Fig. 22) linked by a side wall ([0078]Side wall 765; Fig. 22) to define the humidification chamber (Fig. 21), wherein an inner surface of the side wall at least partially defines an internal volume of the humidification chamber (see Fig. 22-23, inner surface of side wall 765 defines an internal volume of the tub 750) that is configured to, in use, house a humidification fluid (humidification fluid not shown in Fig. 21-25; however, [0018] supports the internal volume of humidification tub containing a humidification fluid. “the base plate and humidifier tub define a water chamber adapted to receive a volume of water);
a gases inlet ([0078] Air inlet flow tube 755; Fig. 21) configured to receive a gases flow from a gases source (Inlet is configured to receive air from flow generator 20 as shown in Fig. 7A-7C); and
a gases outlet ([0080] Air outlet flow tube 767; Fig. 21),
wherein the gases inlet has a longitudinal axis which is substantially parallel to the tangent to the side wall (Longitudinal axis of inlet and tangent of the side wall are substantially parallel; See Examiner Annotations 1 above-duplicated below for convenience) and is located adjacent to an arcuate section of the side wall (Fig. 21 and Examiner Annotations 1 below).
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Examiner Annotations 2
Smith does not disclose the gases inlet terminating at the inner surface of the side wall. Smith teaches the inlet 755 extends past the opening where air inlet flow tube 755 intersects side wall 765.
However, Genger teaches a humidification chamber (evaporator; Fig. 3-4) wherein a gases inlet (inlet 24; Fig. 3-4) terminates at an inlet opening formed in an inner surface of a side wall (side wall of outer tub 28; see Fig. 3) wherein the gases inlet has a longitudinal axis which is substantially parallel to the tangent to the side wall (see Fig. 3) and is located adjacent to an arcuate section of the side wall (Fig. 3) in order to direct a gas flow in a direction substantially tangential to the side wall (see Fig. 3 and [0039], the outlet formed at the end of inlet 24 directs the flow along a space formed by the inner surface of the outer tub 28 and the outer surface of the inner tub 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the Smith device to include the inlet terminating at the opening formed in the inner surface of the side wall, as taught by Genger, as it would have been obvious substitution of one known element for another, using the inlet taught by Genger in place of the inlet of Smith which extends past the opening, and would provide predictable results, directing the flow of air from a gas supply to the inside of the humidifier chamber (see Genger [0039]).
Modified Smith teaches the gases inlet configured to introduce the gases flow directly to the internal volume of the humidification chamber (see [0078-0079], gases flow from inlet flow tube 755 is directed to air flow path 760 which is part of an internal volume formed by the humidifier tub 750) from an opening formed in the inner surface of the side wall (see modification above and Fig. 21-23, opening where air inlet flow tube 755 intersects side wall 765. As per the modification above, the inlet terminates at the opening where the inlet 755 intersects the side wall 765) as a gases jet in a direction substantially tangential to the arcuate section of the side wall ([0078] As best shown in FIG. 23, the tub portion 751 includes an air inlet flow tube 755 and a roof 757 and side sections 759 of an air flow path 760 that directs incoming air down and around within the tub 750. See Examiner Annotations 1 above),
wherein the gases inlet is configured to introduce the gases flow to the humidification chamber at the arcuate section of the side wall at a velocity sufficient to cause the gases flow to attach to the inner surface of the side wall ([0078] The tub portion 751 includes an air inlet flow tube 755 and a roof 757 and side sections 759 of an air flow path 760 that directs incoming air down and around within the tub 750; Fig. 22-23. [0079] When the barrier portion 753 is coupled to the tub portion 751 (see FIG. 22), they cooperate to define the air flow path 760 that directs the air flow around and down towards the bottom of the tub 750 to the water surface. As illustrated, the air flow path has a generally circular configuration. The shape and structure of the air flow path 760 provides the guidance for the air flow. Also see Fig. 21-22, which depicts the inlet 755 being positioned to deliver the gases tangentially to the side wall section, as gases exit the inlet 755 they swirl around the side wall), and wherein the gases flow contacts the inner surface of the arcuate section of the side wall upon exiting the gases inlet (see Fig. 21-22 and [0078-0079], which depicts the inlet 755 being positioned to deliver the gases tangentially to the side wall section, as gases exit the inlet 755, see modification above, they swirl around the inner surface of the side wall 765. See Examiner Annotations 1 above).
Regarding claim 66, Smith discloses a humidification chamber for use in a medical humidification system (Humidifier tub 750 for CPAP device; Title; Fig. 21-25), the humidification chamber comprising:
a base ([0049] Base plate 452; Fig. 2C-2D. Not shown in this embodiment but must be included in order for humidifier to function properly) and a top (Roof 757; Fig. 22) linked by an outer wall (Side wall 765; Fig. 22) to define the humidification chamber, the outer wall having an internal surface (inner surface of side wall 765; see Fig. 22) and an external surface (outer surface of side wall 765; see Fig. 21), the internal surface defining an internal perimeter of the humidification chamber (see Fig. 22-23, inner surface of side wall 765 defines an internal perimeter of the tub 750), wherein humidification fluid within the humidification chamber is in contact with and contained by the internal surface in use (humidification fluid not shown in Fig. 21-25; however, [0018] supports the internal volume of humidification tub containing a humidification fluid. “the base plate and humidifier tub define a water chamber adapted to receive a volume of water”);
a gases inlet (Air inlet flow tube 755; Fig. 21-23) configured to receive a gases flow from a gases source (Inlet is configured to receive air from flow generator 20 as shown in Fig. 7A-7C), the gases inlet having a longitudinal axis (see Examiner Annotations 1 and 2 above) that is non-orthogonal to a section of the outer wall where the gases inlet is located (see Fig. 21-23, air inlet flow tube 755 is provided on an off-center portion of the arcuate portion of the outer wall thus the longitudinal axis of the air inlet flow tube 755 is not perpendicular to the arcuate portion of the outer wall); and
a gases outlet (Air outlet flow tube 767; Fig. 21-23),
wherein the gases inlet is configured to introduce the gases flow to the humidification chamber at a direction non-orthogonal to the outer wall such that a flow path length of the gases flow through the chamber between the gases inlet and gases outlet is increased ([0078] As best shown in FIG. 23, the tub portion 751 includes an air inlet flow tube 755 and a roof 757 and side sections 759 of an air flow path 760 that directs incoming air down and around within the tub 75. [0079] When the barrier portion 753 is coupled to the tub portion 751 (see FIG. 22), they cooperate to define the air flow path 760 that directs the air flow around and down towards the bottom of the tub 750 to the water surface. As illustrated, the air flow path has a generally circular configuration. The shape and structure of the air flow path 760 provides the guidance for the air flow. Also see Fig. 21-22, which depicts the inlet 755 being positioned to deliver the gases tangentially to the side wall section, as gases exit the inlet 755 they swirl around the side wall), and to introduce the gases flow to the humidification chamber (see Fig. 23, air inlet flow tube 755 is formed from an opening in the side wall 765) as a gases jet in a direction substantially tangential to the outer wall (see Fig. 21-22, which depicts the inlet 755 being positioned to deliver the gases tangentially to the side wall section, as gases exit the inlet 755 they swirl around the side wall), wherein the internal surface of the outer wall imparts angular momentum on the gases jet, inducing a rotational flow direction ([0078] the tub portion 751 includes an air inlet flow tube 755 and a roof 757 and side sections 759 of an air flow path 760 that directs incoming air down and around within the tub 750).
Smith does not disclose the gases inlet terminating at an inlet opening in the internal surface of the outer wall (see Fig. 21-23, opening where air inlet flow tube 755 intersects side wall 765).
However, Genger teaches a humidification chamber (evaporator; Fig. 3-4) wherein an inlet (inlet 24; Fig. 3-4) terminates at an inlet opening formed in an internal surface of a wall (see Fig. 3) in order to direct a gas flow in a direction substantially tangential to the wall (see Fig. 3 and [0039], the outlet formed at the end of inlet 24 directs the flow along a space formed by the inner surface of the outer tub 28 and the outer surface of the inner tub 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the Smith device to include the inlet terminating at the opening formed in the wall, as taught by Genger, as it would have been obvious substitution of one known element for another, using the inlet taught by Genger in place of the inlet of Smith which extends past the opening, and would provide predictable results, directing the flow of air from a gas supply to the inside of the humidifier chamber (see Genger [0039]).
Claims 6 and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 20170035984 A1) and Genger et al. (US 20080245365 A1) as applied to claim 3 above, and further in view of Booth et al. (EP 1002552 A2).
Regarding claim 6, modified Smith teaches the humidification chamber of claim 3, but does not disclose wherein the gases inlet comprises or is configured to receive a nozzle.
However, Booth teaches a humidification chamber ([0020] Nebuliser/humidifier 10; Fig. 1) wherein the gases inlet comprises a nozzle ([0020] Nozzle 14; Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the gas inlet of Smith to comprise a nozzle as taught by Booth as doing so would be a simple substitution of one known element for another to obtain the predictable results of delivering air flow.
Regarding claim 8, modified Smith teaches the humidification chamber of claim 6, wherein the gases inlet comprises a substantially tubular body (Booth: Nozzle 14; Fig. 1).
Regarding claim 9, modified Smith teaches the humidification chamber of claim 6, but does not disclose wherein an inner diameter of the gases outlet is greater than an inner diameter of the gases inlet.
However, Booth teaches a humidification chamber wherein an inner diameter of the gases outlet (Outlet 22; Fig. 1) is greater than an inner diameter of the gases inlet (Nozzle 14; Fig. 1). Nozzle 14 is significantly less wide than outlet 22 even at the widest point before the tapering of the nozzle.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for an inner diameter of the gas outlet of Smith to be greater than an inner diameter of the inlet, as doing so is an obvious design choice taught by Booth.
Regarding claim 10, modified Smith teaches the humidification chamber of claim 9, but does not disclose wherein a ratio of the inner diameter of the gases outlet to the inner diameter of the gases inlet is between 3:1 and 7:1.
Though prior art drawings are not interpreted as depicting scale, unless specified, drawings can be relied upon for what they would reasonably teach one of ordinary skill in the art (MPEP 2125). Booth clearly depicts a humidification chamber wherein an inner diameter of the gases outlet (Outlet 22; Fig. 1) is greater than an inner diameter of the gases inlet (Nozzle 14; Fig. 1). Specifically, when looking at Fig. 1 and comparing the diameter at the widest point of nozzle 14 to the diameter of outlet 22, it appears that the widest diameter of the outlet is 4-5 times the widest diameter of the inlet. Further, given the shape of the nozzle and outlet provided in Booth, a PHOSITA would expect to find a ratio of the inner diameter of the gas outlet to the inner diameter of the gas inlet between 3:1 and 7:1 during routine optimization/experimentation to control the rate and/or velocity of gas into the chamber and out of the chamber to the patient interface.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Smith to implement a ratio of the inner diameter of the gases outlet to the inner diameter of the gases inlet between 3:1 and 7:1 as taught by the outlet and inlet of Booth during routine optimization/experimentation done by a PHOSITA to control the rate and/or velocity of gas into the chamber and out of the chamber to the patient interface.
Regarding claim 11, modified Smith teaches the humidification chamber of claim 9, but does not disclose wherein a ratio of the inner diameter of the gases inlet to a diameter of a bottom wall of the humidification chamber is between 1:25 and 1:10.
Though prior art drawings are not interpreted as depicting scale, unless specified, drawings can be relied upon for what they would reasonably teach one of ordinary skill in the art (MPEP 2125). Booth clearly depicts a humidification chamber wherein an inner diameter of the gases outlet is smaller than an inner diameter of a bottom wall of the humidification chamber (Fig. 1). Specifically, when looking at Fig. 1 and comparing the diameter at the widest point of nozzle 14 to the diameter of the bottom wall, it appears that the bottom wall of the chamber is 14-18 times wider than the widest point of nozzle 14. Further, given the shape of the nozzle and bottom wall of the chamber provided in Booth, a PHOSITA would expect to find a ratio of the inner diameter of the gases inlet to a diameter of a bottom wall of the humidification chamber between 1:25 and 1:10 during routine optimization/experimentation to determine an efficient velocity of gasses going into the chamber to surface area of water in the chamber to sufficiently humidify the gas.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Smith to implement a ratio of the inner diameter of the gases inlet to a diameter of a bottom wall of the humidification chamber between 1:25 and 1:10 as taught by the inlet and bottom wall of Booth during routine optimization/experimentation done by a PHOSITA to determine an efficient velocity of gasses going into the chamber to surface area of water in the chamber to sufficiently humidify the gas.
Regarding claim 12, modified Smith teaches the humidification chamber of claim 11, wherein the ratio is between 1:20 and 1:15 (The ratio being between 1:20 and 1:15 is incorporated in the range of the ratio between 1:25 and 1:10 and is also obvious under routine optimization/experimentation to determine an efficient velocity of gasses going into the chamber to surface area of water in the chamber to sufficiently humidify the gas).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 20170035984 A1) and Genger et al. (US 20080245365 A1) in view of Booth et al. (EP 1002552 A2) as applied to claim 6 above, and further in view of Nakamura (US 20140053839 A1).
Regarding claim 7, modified Smith teaches the humidification chamber of claim 6, wherein an inner diameter of the nozzle is configured to decrease along a length of the nozzle (Booth: Diameter of nozzle 14 is wider at the top and narrows toward the bottom; See Fig. 1), but does not disclose so as to increase a velocity of the gases flow prior to the gases flow being introduced to the humidification chamber.
However, Nakamura teaches a nozzle for a gas supply wherein an inner diameter of the nozzle is configured to decrease along a length of the nozzle so as to increase a velocity of the gases flow prior to the gases flow being introduced. Specifically, Nakamura teaches [0052] when gas is supplied into the nozzle 34, since the nozzle 34 is reduced in size toward the front end as shown in FIG. 5, the gas increases the flowing speed and is exhausted; Fig. 2 & 5.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the modified invention of Smith to teach a reduced inner diameter toward the front end increases the flowing speed of the gas being introduced as taught by Nakamura.
Conclusion
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/M.I.A./Examiner, Art Unit 3785
/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785
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