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 .
Status of Claims
Applicant's arguments, filed 03/23/2026, have been fully considered. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Applicants have amended their claims, filed 03/23/2026, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Applicants have amended claims 1, 78, and 79.
Applicants have left claim 3, 21, 23, 25, 32, 43-44, 47-49, 55, 69, and 80-83 as previously presented/originally filed.
Applicants have canceled/previously canceled claims 2, 4-20, 22, 24, 26-31, 33-42, 45-46, 50-54, 56-68, and 70-77.
Claims 1, 3, 21, 23, 25, 32, 43-44, 47-49, 55, 69, and 78-83 are the current claims hereby under examination.
Claim Interpretation - 35 USC § 112(f) - Newly Applied Necessitated by Applicant’s Amendments
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 79: The claim limitation “one or more locking features configured to engage …” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “features” coupled with functional language “configured to engage …” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier that has a known structural meaning before the phrase “features”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“tab”, or equivalents thereof, as described in para. [0695] and para. [0736] of the disclosure filed on 05/24/2021.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103 - Newly Applied Necessitated by Applicant’s Amendments
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 21, 23, 25, 32, 43-44, 47-49, 55, 69, 78, 80-83 are rejected under 35 U.S.C. 103 as being unpatentable over Kemps et al. (US 20130220326 A1) (cited in the IDS filed 05/24/2021) (previously cited 03/20/2024), hereinafter referred to as Kemps, in view of Fodor et al. (US 20140034492 A1) (previously cited 03/20/2024), hereinafter referred to as Fodor, in view of Anthony Yasick (US 20120048278 A1) (cited in the IDS filed 05/24/2021) (previously cited 03/20/2024), hereinafter referred to as Yasick.
The claims are generally directed towards a breath indicator for providing an indication of an inhalation and/or exhalation state of a user, said breath indicator comprising: an elongate body comprising: a gas sampling portion comprising a gas inlet configured for receipt of exhalation gases of the user, the gas sampling portion in fluid communication with an indicator portion, said indicator portion via a passageway; a port, the port configured to vent to atmosphere from the indicator portion at a controlled vent rate under 1 liter per minute; the indicator portion comprising: a body extending around a first region and a second region, the first region comprising a gas parameter detecting material capable of changing between an initial visual state and a subsequent visual state indicative of detection of a gas parameter of the exhalation gases of said user, the second region bordering a perimeter of the first region and comprising a static visual state, the static visual state of the second region visually contrasting with the body of the indicator portion, wherein the subsequent visual state of the first region visually contrasts with the static visual state of the second region; and a channel extending from an open end of the passageway distal to the gas inlet and terminating at the port, the channel configured to distribute a volume of the exhalation gases to the gas parameter detecting material, wherein the channel provides for an indirect gas pathway that is a greater distance than a straight-line distance between the open end of the passageway and the port, wherein the channel is defined by one or more walls protruding vertically in a domed arrangement such that the gas parameter detecting material is stretched over the top of the domed arrangement of the channel.
Regarding claim 1, Kemps discloses a breath indicator for providing an indication of an inhalation and/or exhalation state of a user (Abstract, Fig. 11-13, para. [0010]), said breath indicator comprising:
an elongate body (Fig. 4, Fig. 6, Fig. 11 - 13, element 54, “breath indicator”, element 50, “elongate body”) comprising:
a gas sampling portion (Fig. 11-13, element 51, “sampling end”) comprising a gas inlet (Fig. 11-13, element 52, “gas inlet”) configured for receipt of exhalation gases of the user (Fig. 12, para. [0193], “gas sampling end 51 to be located, or for location, at or in, a region where gas from the patient is to be exhaled. Such a gas sampling end 51 being in communication with a sensor (not shown, but to be located at 55) comprising a detector material. The detector material is changeable between a first visual indicator state (relating to an inhalation phase of the patient), and a second visual indicator state (relating to an exhalation phase of the patient)”, para. [0203-0205], “gases exhaled by a patient, when in a first mode of use such gases flow in through the gas inlet 52”), the gas sampling portion in fluid communication with an indicator portion via a passageway (Fig. 12, element 55, “sensor”, element 53, “passageway”, Fig. 12, para. [0193], “gas sampling end 51 being in communication with a sensor (not shown, but to be located at 55) comprising a detector material. The detector material is changeable between a first visual indicator state (relating to an inhalation phase of the patient), and a second visual indicator state (relating to an exhalation phase of the patient)”, para. [0193], “a gas sampling end 51 being in communication with a sensor (not shown, but to be located at 55) comprising a detector material”, para. [0203], “gas sampling end 51 of the elongate body comprises a gas inlet 52, the inlet 52 being provided for fluid communication with the sensor via a passageway 53”);
a port, the port configured to vent to atmosphere from the indicator portion (Fig. 10-13, element 59, para. [0204], “one or more gas outlets 59. Such outlets 59 are provided to be in fluid communication with the surrounding atmosphere external of the resuscitation system. That is, the outlets 59 are provided for allowing the expelling of gas flowing through the passageway 53 to the surrounding environment outside of the breathing apparatus”);
the indicator portion comprising:
a body extending around a first region (Fig. 10, Fig. 11-13, element 55, element 61, para. [0193], “a sensor (not shown, but to be located at 55)”, para. [0206], “the top surface 61 of the attachment end 56 may be suitable optical transparency”, - a first region being located at 55, and a body extending around the first region can be any portion of element 54, for example surrounding element 55), the first region comprising a gas parameter detecting material capable of changing between an initial visual state and a subsequent visual state indicative of detection of a gas parameter of the exhalation gases of said user (para. [0193], “a sensor (not shown, but to be located at 55) comprising a detector material. The detector material is changeable between a first visual indicator state (relating to an inhalation phase of the patient), and a second visual indicator state (relating to an exhalation phase of the patient)”, para. [0194], “sensor comprises CO2 detecting material. The detecting material used is that which is capable of changing from a first visual indicator state (e.g. first or base colour) to a second indicator state (e.g. second or indicator colour) when exposed to gas having CO2 concentration greater than that normally found in atmospheric air. Similarly, the detecting material is capable of changing from the second visual indicator state to the first indicator state when exposed to gas having CO2 concentration the same or substantially similar to those normally found in atmospheric air”), and
a channel extending from an open end of the passageway distal to the gas inlet and terminating at the port (Fig. 10, Fig. 12, para. [0204], “passageway 53 provides for a gas flow path D extending from the gas inlet 52 to one or more gas outlets 59”, para. [0205], “through the passageway 53 and make contact with the sensor”, para. [0207], “hollow section 60 for holding or retaining the sensor …” - the breath indicator includes a hollow section, the hollowing section being the channel), the channel configured to distribute a volume of the exhalation gases to the gas parameter detecting material (Fig. 12, para. [0205], “the sensor is positionable for contact with the gas flow path D through the passageway 53 is in contact with gases exhaled by a patient when, in a first mode of use such gases flow in through the gas inlet 52 of the sampling end 51, through the passageway 53 and make contact with the sensor”, para. [0207], “hollow section 60 for holding or retaining the sensor” - the hollow section allows for the volume of the exhalation gas to be distributed across where the sensor is located).
However, Kemps does not explicitly disclose wherein the channel provides for an indirect gas pathway that is a greater distance than a straight-line distance between the open end of the passageway and the port.
Fodor teaches of an analogous breath indicator for detecting a gas parameter of exhalation gases of a user (Abstract, Fig. 8A-8B, Fig. 9A, para. [0003]). Fodor teaches the breath indicator includes a channel configured to distribute a volume of the exhalation gases to the gas parameter detecting material (Fig. 8A, Fig. 9A, element 330, para. [0014], para. [0070-0071]). Fodor further teaches the channel provides for an indirect gas pathway that is a greater distance than a straight-line distance between the open end of the passageway and the port (Fig. 8A, Fig. 9A, element 330, para. [0024], “intake port may be connected to a smallest ring … exhaust port is connected to a largest ring …”, para. [0070], para. [0072], “utilize virtually the entire active surface … key constituents of the gas … entirely captured …” - the distance from element 310 to 320 is longer and indirect because of the spiral path). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the channel disclosed by Kemps to explicitly provide for an indirect gas pathway that is a greater distance than a straight-line distance between the open end of the passageway and the port, as taught by Fodor. This is because Fodor teaches an indirect pathway that is a greater distance than a straight-line allows for gas constituents to be entirely captured, providing more accurate results (para. [0072]).
However, modified Kemps does not explicitly disclose the port is configured to vent at a controlled vent rate under 1 liter per minute.
Fodor further teaches the breath indicator includes a port configured to vent to atmosphere from the indicator portion at a controlled rate (Fig. 12, para. [0069-0071], “sample enters at the intake port … gas/breath sample then exists at the exhaust port … exhaust port may include a mechanical means attached thereto for actuating the gas/breath sample movement …”). Additionally, Fodor clearly teaches the variability of the dimensions and dimensional relationships of the intake port and exhaust port (para. [0071]), which suggests that the dimensions and the desired ventilation rate can be optimized based on manufacturing, design, and use applications. As such, the dimensions and dimensional relationships of the components are results-effective variables that would have been optimized through routine experimentation based on the manufacturing, design, and use applications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to select the dimensions and dimensional relationships of the components, using the teachings of Fodor as a starting point, so as to obtain the desired manufacturing, design, and use applications.
However, modified Kemps does not explicitly disclose the body extends around a second region, the second region bordering a perimeter of the first region and comprising a static visual state, the static visual state of the second region visually contrasting with the body of the indicator portion, wherein the subsequent visual state of the first region visually contrasts with the static visual state of the second region.
Yasick teaches of an analogous breathing indicator with a gas parameter detecting material capable of changing between an initial visual state and a subsequent visual state indicative of detection of a gas parameter of inhalation and/or exhalation gases of a user (Abstract, Fig. 2-6, para. [0069]). Yasick further teaches of an indicator portion (Fig. 10) comprising a body extending around a first region and a second region, the second region bordering a perimeter of the first region and comprising a static visual state (Fig. 10, element 30 extends around element 38, para. [0069], para. [0072], “surrounding the indicator is a sticker …” - the body being element 30, the first region being element 38, the second region being the sticker). Yasick further teaches the static visual state of the second region visually contrasting with the body of the indicator portion (para. [0072], “sticker that has the different colors printer thereon …”). Yasick further teaches wherein the subsequent visual state of the first region visually contrasts with the static visual state of the second region (para. [0072], “indictor is blue … green … green-yellow … yellow … sticker that has the different colors printed thereon …” - at least one portion of the sticker visually contrasts with the first region). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the indicator portion of modified Kemps to additionally include a second region, the second region bordering a perimeter of the first region and comprising a static visual state, the static visual state of the second region visually contrasting with the body of the indicator portion, wherein the subsequent visual state of the first region visually contrasts with the static visual state of the second region, as taught by Yasick. This is because Yasick teaches the addition of a sticker surrounding the indicator portion, but different than the body, allows for a practitioner to easily and quickly compare the color of the indicator to the color of the sticker, while also providing distinction between a different color, to easily and quickly determine the respiration of the patient (para. [0072]).
However, modified Kemps does not explicitly disclose wherein the channel is defined by one or more walls protruding vertically in a domed arrangement such that the gas parameter detecting material is stretched over the top of the domed arrangement of the channel.
Yasick further teaches a channel is defined by one or more walls protruding vertically in a domed arrangement such that the gas parameter detecting material is stretched over the top of the domed arrangement of the channel (Fig. 9, element 30, element 38, para. [0065], “upper flange portion … outwardly … convex …”, para. [0069]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the channel taught by modified Kemps to additionally protrude in a domed arrangement such that the gas parameter detecting material is stretched over the top of the domed arrangement of the channel, as taught by Yasick. This is because Yasick teaches a convex upper flange allows for the reactive material to be easily seen by a practitioner (para. [0065]).
Regarding claim 3, modified Kemps discloses the breath indicator of Claim 1, wherein the first region or the second region is shaped as an indicium (Fig. 11-13, element 55, para. [0193], “a sensor (not shown, but to be located at 55)” - region 55 is shaped in the form of a round/circular indicium).
Regarding claim 21, modified Kemps discloses the breath indicator of Claim 1.
However, modified Kemps does not explicitly disclose wherein said elongate body tapers from a smaller external diameter at said gas sampling portion to a larger external diameter at said indicator portion.
Kemps teaches that the elongate body can have an outer diameter of about 1 mm to about 5 mm, and that different elongate body diameters may be used depending on the application and size of breathing apparatus or interface (or patient) (para. [0202]). Therefore, Kemps clearly teaches the variability of the dimensions and dimensional relationships of the components, which suggests that the dimensions can be optimized based on manufacturing, design, and use applications. As such, the dimensions and dimensional relationships of the components are results-effective variables that would have been optimized through routine experimentation based on the manufacturing, design, and use applications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to select the dimensions and dimensional relationships of the components, using the teachings of Kemps as a starting point, so as to obtain the desired manufacturing, design, and use applications.
Regarding claim 23, modified Kemps discloses the breath indicator of Claim 21, wherein said gas sampling portion further comprises a lead-in portion comprising a region of said elongate body having a comparatively narrowed external diameter (Fig. 5, Fig. 6, - element 15 includes elements 13 and element 18, which are larger in diameter than the elongate body of element 14; additionally, Fig. 11-13, element 51, - element 51 contains a region of the elongate body having a comparatively narrow external diameter).
Regarding claim 25, modified Kemps discloses the breath indicator of Claim 1, wherein said indicator portion comprises a cap (Fig. 11-13, element 61, “top surface”) configured to substantially cover the gas parameter detecting material (Fig. 12 - element 61 substantially covers element 55 where the sensor with the detecting material is to be located).
Regarding claim 32, modified Kemps discloses the breath indicator of Claim 25.
However, modified Kemps does not explicitly disclose wherein the indicator portion comprises a tab configured to engage the cap, wherein the tab provides for a standoff feature configured to locate the cap in a predetermined position, and the predetermined position is a height relative to the gas parameter detecting material.
Yasick teaches of a breathing indicator with a gas parameter detecting material capable of changing between an initial visual state and a subsequent visual state indicative of detection of a gas parameter of inhalation and/or exhalation gases of a user (Abstract, Fig. 2-6, para. [0069]). Yasick teaches the breathing indicator includes a cap (Fig. 2-6, element 30). Yasick further teaches the breathing indicator comprises a tab configured to engage the cap, wherein the tab provides for a standoff feature configured to locate the cap in a predetermined position, and the predetermined position is a height relative to the gas parameter detecting material (Fig. 7-8, element 36, para. [0061], para. [0063-0064], para. [0066]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the indicator portion to explicitly include a tab configured to engage the cap, wherein the tab provides for a standoff feature configured to locate the cap in a predetermined position, and the predetermined position is a height relative to the gas parameter detecting material, as taught by Yasick. This is because Yasick teaches the spacers allow for the cap and gas parameter detecting material to be placed at a proper distance to react while also making sure to not block or obstruct the respiration path (para. [0066]).
Regarding claim 43, modified Kemps discloses the breath indicator of Claim 1.
However, modified Kemps does not explicitly disclose wherein the indirect gas pathway is configured to increase a surface area of the gas parameter detecting material that is in contact with the user's exhalation gases.
Fodor further teaches the indirect gas pathway is configured to increase a surface area of the gas parameter detecting material that is in contact with the user's exhalation gases (para. [0070], “path (330) is spiral shaped and is open at the top side creating a spiral trough where the open side (the top) is the same size or approximately the same size as the electrode wafer (200) which allows for maximum surface area contact of gas/breath sample across the electrode wafer (200)”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the indirect gas pathway disclosed by modified Kemps to explicitly be configured to increase a surface area of the gas parameter detecting material that is in contact with the exhalation gases, as taught by Fodor. This is because Fodor teaches that by having a gas pathway that increases the surface area of the gas parameter detecting material, the key constituent of the gas will be entirely captured by the detecting material, thereby producing a more accurate concentration result (para. [0072]).
Regarding claim 44, modified Kemps discloses the breath indicator of Claim 25, wherein the cap (Fig. 11-13, element 61, “top surface”) is configured to complete the indirect gas pathway (Fig. 12, element 61 covers element 55 where the sensor with the detecting material is to be located, and a gas pathway is completed).
Regarding claim 47, modified Kemps discloses the breath indicator of Claim 1.
However, modified Kemps does not explicitly disclose wherein said indirect gas pathway is spiraled.
Fodor further teaches the indirect gas pathway spiraled (para. [0070], “path (330) is spiral shaped”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the indirect gas pathway disclosed by Kemps to explicitly be spiraled, as taught by Fodor. This is because Fodor teaches that by having a gas pathway that is spiraled, it increases the surface area of the gas parameter detecting material and the key constituent of the gas will be entirely captured by the detecting material, thereby producing a more accurate concentration result (para. [0072]).
Regarding claim 48, modified Kemps discloses the breath indicator of claim 47.
However, modified Kemps does not explicitly disclose wherein said indirect gas pathway spirals radially outwardly from the open end of the passageway.
Fodor further teaches the indirect gas pathway spirals radially outwardly from the open end of the passageway (Fig. 9A, the pathway starts at element 310 and spirals radially outwardly, para. [0024]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the indirect gas pathway such that it spirals radially outwardly from the open end of the passageway, as taught by Fodor. This is because Fodor teaches that by having a gas pathway that is spiraled, it increases the surface area of the gas parameter detecting material and the key constituent of the gas will be entirely captured by the detecting material, thereby producing a more accurate concentration result (para. [0072]). Further, the direction of the spiral is mere design choice and would have been optimized based on manufacturing, design, and use applications.
Regarding claim 49, modified Kemps discloses the breath indicator of Claim 1.
However, modified Kemps does not explicitly disclose wherein said indirect pathway is of a greater distance than an internal radius of said indicator portion.
Fodor further teaches said indirect pathway is of a greater distance than an internal radius of said indicator portion (para. [0070], “path (330) is spiral shaped and is open at the top side creating a spiral trough where the open side (the top) is the same size or approximately the same size as the electrode wafer (200) which allows for maximum surface area contact of gas/breath sample across the electrode wafer (200)”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gas pathway disclosed by Kemps to explicitly be a greater distance than an internal radius of said indicator portion, as taught by Fodor. This is because Fodor teaches that by having a gas pathway that is of a greater distance than an internal radius of said indicator portion increases the surface area of the gas parameter detecting material and the key constituent of the gas will be entirely captured by the detecting material, thereby producing a more accurate concentration result (para. [0072]).
Regarding claim 55, modified Kemps discloses the breath indicator of Claim 1, wherein the port (Fig. 12-13, element 59, para. [0204]) is located adjacent a stopping flange portion (Fig. 6, element 18, Fig. 12-13, element 58, “stopping flange”, para. [0174]) of the elongate body, and wherein said stopping flange portion is engageable with a portion of a device to which said breath indicator is attachable to provide for a predetermined depth of insertion of said elongate body into said device (para. [0174], “breath indicator 14, 54 is pushed through the device inlet 12 until the stopping flange 18, 58 contacts the top surface of the manifold section 3 and is prevented from travelling any further relative to the manifold section 3”, para. [0176]).
Regarding claim 69, modified Kemps discloses the breath indicator of Claim 3, wherein the initial visual state is a first colour when said gas parameter is equal to or less than an atmospheric gas parameter (para. [0015], “first visual state (a first color) …”, para. [0058], para. [0194], “detecting material is capable of changing from the second visual indicator state to the first indicator state when exposed to gas having CO2 concentration the same or substantially similar to those normally found in atmospheric air”), and wherein
the subsequent visual state is a second colour when said gas parameter is greater than the atmospheric gas parameter (para. [0194], “detecting material used is that which is capable of changing from a first visual indicator state (e.g. first or base colour) to a second indicator state (e.g. second or indicator colour) when exposed to gas having CO2 concentration greater than that normally found in atmospheric air”).
Regarding claim 78, Kemps discloses a breath indicator for providing an indication of an inhalation and/or exhalation state of a user (Abstract, Fig. 11-13, para. [0010]), said breath indicator comprising:
a body (Fig. 4, Fig. 6, Fig. 11 - 13, element 54, “breath indicator”) comprising:
a gas sampling portion (Fig. 11-13, element 51, “sampling end”) comprising a gas inlet (Fig. 11-13, element 52, “gas inlet”) configured for receipt of exhalation gases of the user (Fig. 12, para. [0193], “gas sampling end 51 to be located, or for location, at or in, a region where gas from the patient is to be exhaled. Such a gas sampling end 51 being in communication with a sensor (not shown, but to be located at 55) comprising a detector material. The detector material is changeable between a first visual indicator state (relating to an inhalation phase of the patient), and a second visual indicator state (relating to an exhalation phase of the patient)”, para. [0203-0205], “gases exhaled by a patient, when in a first mode of use such gases flow in through the gas inlet 52”), the gas sampling portion in fluid communication with an indicator portion via a passageway (Fig. 12, element 55, “sensor”, element 53, “passageway”, Fig. 12, para. [0193], “gas sampling end 51 being in communication with a sensor (not shown, but to be located at 55) comprising a detector material. The detector material is changeable between a first visual indicator state (relating to an inhalation phase of the patient), and a second visual indicator state (relating to an exhalation phase of the patient)”, para. [0193], “a gas sampling end 51 being in communication with a sensor (not shown, but to be located at 55) comprising a detector material”, para. [0203], “gas sampling end 51 of the elongate body comprises a gas inlet 52, the inlet 52 being provided for fluid communication with the sensor via a passageway 53”);
a port configured to vent to atmosphere from the indicator portion (Fig. 10-13, element 59, para. [0204], “one or more gas outlets 59. Such outlets 59 are provided to be in fluid communication with the surrounding atmosphere external of the resuscitation system. That is, the outlets 59 are provided for allowing the expelling of gas flowing through the passageway 53 to the surrounding environment outside of the breathing apparatus”);
the indicator portion comprising:
a body extending around a first region (Fig. 10, Fig. 11-13, element 55, element 61, para. [0193], “a sensor (not shown, but to be located at 55)”, para. [0206], “the top surface 61 of the attachment end 56 may be suitable optical transparency”, - a first region being located at 55, and a body extending around the first region can be any portion of element 54, for example surrounding element 55), the first region being located at a center of the indicator portion (Fig. 10, Fig. 12-13, element 55, - the first region, element 55, is in the center of the device), the first region comprising a gas parameter detecting material capable of changing between an initial visual state and a subsequent visual state indicative of detection of a gas parameter of the exhalation gases of said user (para. [0193], “a sensor (not shown, but to be located at 55) comprising a detector material. The detector material is changeable between a first visual indicator state (relating to an inhalation phase of the patient), and a second visual indicator state (relating to an exhalation phase of the patient)”, para. [0194], “sensor comprises CO2 detecting material. The detecting material used is that which is capable of changing from a first visual indicator state (e.g. first or base colour) to a second indicator state (e.g. second or indicator colour) when exposed to gas having CO2 concentration greater than that normally found in atmospheric air. Similarly, the detecting material is capable of changing from the second visual indicator state to the first indicator state when exposed to gas having CO2 concentration the same or substantially similar to those normally found in atmospheric air”), and
a channel extending between an indicator inlet disposed at a center of the indicator portion and the port (Fig. 10, Fig. 12, para. [0204], “passageway 53 provides for a gas flow path D extending from the gas inlet 52 to one or more gas outlets 59”, para. [0205], “through the passageway 53 and make contact with the sensor”, para. [0207], “hollow section 60 for holding or retaining the sensor …” - the breath indicator includes a hollow section, the hollowing section being the channel. The indicator inlet being at the center of the indicator portion), the channel configured to distribute a volume of the exhalation gases to the gas parameter detecting material (Fig. 12, para. [0205], “the sensor is positionable for contact with the gas flow path D through the passageway 53 is in contact with gases exhaled by a patient when, in a first mode of use such gases flow in through the gas inlet 52 of the sampling end 51, through the passageway 53 and make contact with the sensor”, para. [0207], “hollow section 60 for holding or retaining the sensor” - the hollow section allows for the volume of the exhalation gas to be distributed across where the sensor is located), wherein the channel is defined by one or more vertical walls (Fig. 12, para. [0207], hollow section 60 is defined by one or more vertical walls, the vertical walls being at least element 57 surrounding the hollow section 60), wherein the channel is arranged such that gas travels from the center before entering a portion of the channel provided between adjacent vertical wall portions (Fig. 12, element 12, element 50, element 53, element 60, para. [0203-0205]).
However, Kemps does not explicitly disclose wherein the channel provides for an indirect gas pathway that is a greater distance than a straight-line distance between the indicator inlet and the port.
Fodor teaches of an analogous breath indicator for detecting a gas parameter of exhalation gases of a user (Abstract, Fig. 8A-8B, Fig. 9A, Fig. 14B, para. [0003]). Fodor teaches the breath indicator includes a channel configured to distribute a volume of the exhalation gases to the gas parameter detecting material (Fig. 8A, Fig. 9A, element 330, Fig. 14B, para. [0014], para. [0067], para. [0070-0071]). Fodor further teaches the channel provides for an indirect gas pathway that is a greater distance than a straight-line distance between the open end of the passageway and the port (Fig. 8A, Fig. 9A, Fig. 14B, element 330, para. [0024], “intake port may be connected to a smallest ring … exhaust port is connected to a largest ring …”, para. [0067], para. [0070], para. [0072], “utilize virtually the entire active surface … key constituents of the gas … entirely captured …” - the distance from element 310 to 320 is longer and indirect because of the spiral path). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the channel disclosed by Kemps to explicitly provide for an indirect gas pathway that is a greater distance than a straight-line distance between the open end of the passageway and the port, as taught by Fodor. This is because Fodor teaches an indirect pathway that is a greater distance than a straight-line allows for gas constituents to be entirely captured, providing more accurate results (para. [0072]).
However, modified Kemps does not explicitly disclose the port is configured to vent to atmosphere from the indicator portion at a controlled vent rate under 1 liter per minute.
Fodor further teaches the breath indicator includes a port configured to vent to atmosphere from the indicator portion at a controlled rate (Fig. 12, para. [0069-0071], “sample enters at the intake port … gas/breath sample then exists at the exhaust port … exhaust port may include a mechanical means attached thereto for actuating the gas/breath sample movement …”). Additionally, Fodor clearly teaches the variability of the dimensions and dimensional relationships of the intake port and exhaust port (para. [0071]), which suggests that the dimensions and the desired ventilation rate can be optimized based on manufacturing, design, and use applications. As such, the dimensions and dimensional relationships of the components are results-effective variables that would have been optimized through routine experimentation based on the manufacturing, design, and use applications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to select the dimensions and dimensional relationships of the components, using the teachings of Fodor as a starting point, so as to obtain the desired manufacturing, design, and use applications.
However, modified Kemps does not explicitly disclose the body extends around a second region, the second region bordering a perimeter of the first region, wherein the subsequent visual state of the first region visually contrasts with a visual state of the second region; wherein the visual state of the second region visually contrasts with the body of the indicator portion.
Yasick teaches of an analogous breathing indicator with a gas parameter detecting material capable of changing between an initial visual state and a subsequent visual state indicative of detection of a gas parameter of inhalation and/or exhalation gases of a user (Abstract, Fig. 2-6, para. [0069]). Yasick further teaches an indicator portion comprising a body extending around a first region and a second region, the second region bordering a perimeter of the first region (Fig. 10, element 30 extends around element 38, para. [0069], para. [0072], “surrounding the indicator is a sticker …” - the body being element 30, the first region being element 38, the second region being the sticker). Yasick further teaches the subsequent visual sate of the first region visually contrasts with a visual state of the second region (para. [0072], “indictor is blue … green … green-yellow … yellow … sticker that has the different colors printed thereon …” - at least one portion of the sticker visually contrasts with the first region). Yasick further teaches the visual state of the second region visually contrasts with the body of the indicator portion (para. [0072], “sticker that has the different colors printer thereon …”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the indicator portion of modified Kemps to additionally include a second region, the second region bordering a perimeter of the first region, wherein the subsequent visual state of the first region visually contrasts with a visual state of the second region; wherein the visual state of the second region visually contrasts with the body of the indicator portion, as taught by Yasick. This is because Yasick teaches the addition of a sticker surrounding the indicator portion, but different than the body, allows for a practitioner to easily and quickly compare the color of the indicator to the color of the sticker, while also providing distinction between a different color, to easily and quickly determine the respiration of the patient (para. [0072]).
Regarding claim 80, modified Kemps discloses the breath indicator of Claim 1.
However, modified Kemps does not explicitly disclose wherein the indirect gas pathway is configured to provide for a continuous path between open end of the passageway and the port.
Fodor further teaches the gas pathway provides a continuous path between an open end of the passageway and a port (Fig. 9A, elements 310, 320, 330, para. [0070], “path is spiral shaped …” - the path opens at element 310 to allow the breath sample in, is continuous through element 330, and exits at element 330). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gas pathway to be a continuous path between an open end of the passageway and a port, as taught by Fodor. This is because Fodor teaches that by having a continuous path increases the surface area of the gas parameter detecting material and the key constituent of the gas will be entirely captured by the detecting material, thereby producing a more accurate concentration result (para. [0072]).
Regarding claim 81, modified Kemps discloses the breath indicator of Claim 21, wherein the gas sampling portion further comprises a lead-in portion comprising an end of the elongate body, the lead-in portion having a chamfered edge or substantially radially inward curvature so as to assist with access of the gas sampling portion into a device (Fig. 11-13, element 51, - element 51 contains a region of the elongate body having a comparatively narrow external diameter and the tip/end of 51 contains a chamfered edge).
Regarding claim 82, modified Kemps discloses the breath indicator of Claim 1.
However, modified Kemps does not explicitly disclose wherein the port comprises an aperture with a diameter sized between 0 mm and 1 mm.
Fodor further teaches the intake port and the exhaust port can have an inner diameter of 0.060 inches, and the exact dimensions can further be altered without changing the nature of the invention (Fig. 12, para. [0071]). That is, Fodor clearly teaches the variability of the dimensions and dimensional relationships of the intake port and exhaust port (para. [0071]), which suggests that the dimensions and the desired ventilation rate can be optimized based on manufacturing, design, and use applications. As such, the dimensions and dimensional relationships of the components are results-effective variables that would have been optimized through routine experimentation based on the manufacturing, design, and use applications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to select the dimensions and dimensional relationships of the components, using the teachings of Fodor as a starting point, so as to obtain the desired manufacturing, design, and use applications.
Regarding claim 83, modified Kemps discloses the breath indicator of Claim 78.
However, modified Kemps does not explicitly disclose wherein the port comprises an aperture with a diameter sized between 0 mm and 1 mm.
Fodor further teaches the intake port and the exhaust port can have an inner diameter of 0.060 inches, and the exact dimensions can further be altered without changing the nature of the invention (Fig. 12, para. [0071]). That is, Fodor clearly teaches the variability of the dimensions and dimensional relationships of the intake port and exhaust port (para. [0071]), which suggests that the dimensions and the desired ventilation rate can be optimized based on manufacturing, design, and use applications. As such, the dimensions and dimensional relationships of the components are results-effective variables that would have been optimized through routine experimentation based on the manufacturing, design, and use applications. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to select the dimensions and dimensional relationships of the components, using the teachings of Fodor as a starting point, so as to obtain the desired manufacturing, design, and use applications.
Claim 79 is rejected under 35 U.S.C. 103 as being unpatentable over Kemps et al. (US 20130220326 A1) (cited in the IDS filed 05/24/2021) (previously cited 03/20/2024), hereinafter referred to as Kemps, in view of Fodor et al. (US 20140034492 A1) (previously cited 03/20/2024), hereinafter referred to as Fodor, in view of Anthony Yasick (US 20120048278 A1) (cited in the IDS filed 05/24/2021) (previously cited 03/20/2024), hereinafter referred to as Yasick, in view of Matthew Matusik (US 20180188094 A1) (previously cited), hereinafter referred to as Matusik.
Regarding claim 79, Kemps discloses a breath indicator for providing an indication of an inhalation and/or exhalation state of a user (Abstract, Fig. 11-13, para. [0010]), said breath indicator comprising:
a body (Fig. 4, Fig. 6, Fig. 11 - 13, element 54, “breath indicator”) comprising:
a gas sampling portion (Fig. 11-13, element 51, “sampling end”) comprising a gas inlet (Fig. 11-13, element 52, “gas inlet”) configured for receipt of exhalation gases of the user (Fig. 12, para. [0193], “gas sampling end 51 to be located, or for location, at or in, a region where gas from the patient is to be exhaled. Such a gas sampling end 51 being in communication with a sensor (not shown, but to be located at 55) comprising a detector material. The detector material is changeable between a first visual indicator state (relating to an inhalation phase of the patient), and a second visual indicator state (relating to an exhalation phase of the patient)”, para. [0203-0205], “gases exhaled by a patient, when in a first mode of use such gases flow in through the gas inlet 52”), the gas sampling portion in fluid communication with an indicator portion via a passageway (Fig. 12, element 55, “sensor”, element 53, “passageway”, Fig. 12, para. [0193], “gas sampling end 51 being in communication with a sensor (not shown, but to be located at 55) comprising a detector material. The detector material is changeable between a first visual indicator state (relating to an inhalation phase of the patient), and a second visual indicator state (relating to an exhalation phase of the patient)”, para. [0193], “a gas sampling end 51 being in communication with a sensor (not shown, but to be located at 55) comprising a detector material”, para. [0203], “gas sampling end 51 of the elongate body comprises a gas inlet 52, the inlet 52 being provided for fluid communication with the sensor via a passageway 53”);
a port configured to vent to atmosphere from the indicator portion (Fig. 10-13, element 59, para. [0204], “one or more gas outlets 59. Such outlets 59 are provided to be in fluid communication with the surrounding atmosphere external of the resuscitation system. That is, the outlets 59 are provided for allowing the expelling of gas flowing through the passageway 53 to the surrounding environment outside of the breathing apparatus”); and
the indicator portion comprising:
a body extending around a first region (Fig. 10, Fig. 11-13, element 55, element 61, para. [0193], “a sensor (not shown, but to be located at 55)”, para. [0206], “the top surface 61 of the attachment end 56 may be suitable optical transparency”, - a first region being located at 55, and a body extending around the first region can be any portion of element 54, for example surrounding element 55), the first region located at a center of the indicator portion (Fig. 10, Fig. 12-13, element 55, - the first region, element 55, is in the center of the device), the first region comprising a gas parameter detecting material capable of changing from an initial visual state to a subsequent visual state indicative of detection of a gas parameter of the exhalation gases of said user (para. [0193], “a sensor (not shown, but to be located at 55) comprising a detector material. The detector material is changeable between a first visual indicator state (relating to an inhalation phase of the patient), and a second visual indicator state (relating to an exhalation phase of the patient)”, para. [0194], “sensor comprises CO2 detecting material. The detecting material used is that which is capable of changing from a first visual indicator state (e.g. first or base colour) to a second indicator state (e.g. second or indicator colour) when exposed to gas having CO2 concentration greater than that normally found in atmospheric air. Similarly, the detecting material is capable of changing from the second visual indicator state to the first indicator state when exposed to gas having CO2 concentration the same or substantially similar to those normally found in atmospheric air”),
a channel extending between an indicator inlet of the indicator portion and the port (Fig. 10, Fig. 12, para. [0204], “passageway 53 provides for a gas flow path D extending from the gas inlet 52 to one or more gas outlets 59”, para. [0205], “through the passageway 53 and make contact with the sensor”, para. [0207], “hollow section 60 for holding or retaining the sensor …” - the breath indicator includes a hollow section, the hollowing section being the channel), the channel configured to distribute a volume of the exhalation gases to the gas parameter detecting material (Fig. 12, para. [0205], “the sensor is positionable for contact with the gas flow path D through the passageway 53 is in contact with gases exhaled by a patient when, in a first mode of use such gases flow in through the gas inlet 52 of the sampling end 51, through the passageway 53 and make contact with the sensor”, para. [0207], “hollow section 60 for holding or retaining the sensor” - the hollow section allows for the volume of the exhalation gas to be distributed across where the sensor is located); and
a cap (Fig. 11-13, element 61, “top surface”) configured to substantially cover the gas parameter detecting material and complete a gas pathway between the indicator inlet of the indicator portion and the port (Fig. 12, element 61 covers element 55 where the sensor with the detecting material is to be located, and a gas pathway is completed).
However, Kemps does not explicitly disclose the cap comprises one or more locking features configured to engage one or more locking cams of the indicator portion to secure the cap and seal the gas parameter detecting material over a top of the channel.
In a different embodiment, Kemps teaches one or more locking features configured to engage one or more locking cams to secure two elements (para. [0175-0178]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cap disclose by Kemps to additionally include one or more locking features configured to engage one or more locking cams of the indicator portion to secure the cap and seal the gas parameter detecting material over a top of the channel, as taught by a different embodiment of Kemps. This is because Kemps teaches locking features and locking cams allows for two elements to be securely joined and ensure proper alignment (para. [0175-0178]), and one of ordinary skill in the art would recognize locking features and locking cams would improve the cap and the indicator portion in a similar manner.
However, modified Kemps does not explicitly disclose wherein the gas pathway is indirect and at least partially defined by the channel, the gas pathway being a greater distance than a straight-line distance between the indicator inlet and the port.
Fodor teaches an analogous breath indicator for detecting a gas parameter of exhalation gases of a user (Abstract, Fig. 8A-8B, Fig. 9A, para. [0003]). Fodor teaches the breath indicator includes a channel configured to distribute a volume of the exhalation gases to the gas parameter detecting material (Fig. 8A, Fig. 9A, element 330, para. [0014], para. [0070-0071]). Fodor further teaches the gas pathway is indirect and at least partially defined by the channel, the gas pathway being a greater distance than a straight-line distance between the indicator inlet and the port (Fig. 8A, Fig. 9A, element 330, para. [0024], “intake port may be connected to a smallest ring … exhaust port is connected to a largest ring …”, para. [0070], para. [0072], “utilize virtually the entire active surface … key constituents of the gas … entirely captured …” - the distance from element 310 to 320 is longer and indirect because of the spiral path). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the channel disclosed by modified Kemps to explicitly provide for an indirect gas pathway that is a greater distance than a straight-line distance between the open end of the passageway and the port, as taught by Fodor. This is because Fodor teaches an indirect pathway that is a greater distance than a straight-line allows for gas constituents to be entirely captured, providing more accurate results (para. [0072]).
However, modified Kemps does not explicitly disclose the body extends around a second region, the second region bordering a perimeter of the first region, the second region comprising a static visual sate, wherein the subsequent visual state of the first region visually contrasts with the static visual state of the second region; wherein the static visual state of the second region visually contrasts with the body of the indicator portion.
Yasick teaches an analogous breathing indicator with a gas parameter detecting material capable of changing between an initial visual state and a subsequent visual state indicative of detection of a gas parameter of inhalation and/or exhalation gases of a user (Abstract, Fig. 2-6, para. [0069]). Yasick further teaches an indicator portion (Fig. 10) comprising a body extending around a first region and a second region, the second region bordering a perimeter of the first region, the second region comprising a static visual state (Fig. 10, element 30 extends around element 38, para. [0069], para. [0072], “surrounding the indicator is a sticker …” - the body being element 30, the first region being element 38, the second region being the sticker). Yasick further teaches the subsequent visual state of the first region visually contrasts with the static visual state of the second region (para. [0072], “indictor is blue … green … green-yellow … yellow … sticker that has the different colors printed thereon …” - at least one portion of the sticker visually contrasts with the first region). Yasick further teaches the static visual state of the second region visually contrasts with the body of the indicator portion (para. [0072], “sticker that has the different colors printer thereon …”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the indicator portion disclosed by modified Kemps to additionally include a second region, the second region bordering a perimeter of the first region, the second region comprising a static visual sate, wherein the subsequent visual state of the first region visually contrasts with the static visual state of the second region; wherein the static visual state of the second region visually contrasts with the body of the indicator portion, as taught by Yasick. This is because Yasick teaches the addition of a sticker surrounding the indicator portion, but different than the body, allows for a practitioner to easily and quickly compare the color of the indicator to the color of the sticker, while also providing distinction between a different color, to easily and quickly determine the respiration of the patient (para. [0072]).
However, modified Kemps does not explicitly disclose the cap is configured to visually magnify the gas parameter detecting material.
Matusik teaches an analogous breath indicator for providing an indication of an inhalation and/or exhalation state of a user (Abstract, Fig. 2, Fig. 37, Fig. 38, para. [0015]). Matusik teaches the breath indicator includes a cap configured to substantially cover and visually magnify a gas parameter detecting material (Fig. 37, Fig. 38, element 26, element 54, para. [0062], para. [0071], “arcuate form of the outer surface of housing within the window portion, enables window portion to function as a magnifying lens … permit viewing of indicator member from a considerable distance …”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cap disclosed by modified Kemps to additionally be configured to visually magnify the gas parameter detecting material, as taught by Matusik. This is because Matusik teaches configuring a cap to visually magnify a gas parameter detecting material allows for a user to visually see the results of the detecting material from a considerable distance (para. [0071]).
Response to Arguments
Applicant’s arguments, see pages 8-10 of Remarks, filed 03/23/2026, with respect to the rejection(s) of claim(s) 1 and 79 under 35 USC 103 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 different interpretations of Anthony Yasick (US 20120048278 A1) (cited in the IDS filed 05/24/2021) (previously cited 03/20/2024) and Kemps et al. (US 20130220326 A1) (cited in the IDS filed 05/24/2021) (previously cited 03/20/2024).
Applicant's arguments filed 03/23/2026 in regards to independent claims 78 have been fully considered but they are not persuasive.
Applicants have argued on pages 10-12 of Remarks, filed 03/23/2026, that “Fodor fails to teach or suggest “an indicator inlet disposed at a center of the indicator portion” and “wherein the channel is arranged such that gas travels from the center before entering a portion of the channel provided between adjacent vertical wall portions”.
The Examiner respectfully disagrees. First, as recited in the newly applied rejection above, Kemps explicitly discloses a channel disposed at a center of the indicator portion and wherein the channel is arranged such that gas travels from the center before entering a portion of the channel provided between adjacent vertical wall portions. Additionally, as recited above, Fodor explicitly teaches other embodiments of the intake port (Fig. 14B, para. [0067], [0069]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE W KRETZER whose telephone number is (571)272-1907. The examiner can normally be reached Monday through Friday 8:30 AM to 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.W.K./Examiner, Art Unit 3791
/JASON M SIMS/Supervisory Patent Examiner, Art Unit 3791
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