DETAILED ACTION
This office action is responsive to the amendment filed 7/13/2026. As directed, claims 162 and 185 have been amended, claims 194-201 have been added, and claim 1-161 were previously canceled. Thus claims 162-201 are currently pending.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim(s) 162-165 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Smith (2009/0194106).
Regarding claim 162, Smith discloses an assisted breathing unit (10) for providing a flow of respiratory gases to a user, the assisted breathing unit adapted to receive a humidifier chamber (50) having a humidifier gases inlet (proximal opening of connector 54 connected at the flow generator) and a humidifier gases outlet (distal opening of connector 54 located at the humidifier tub), the assisted breathing unit comprising: an outer casing (outer walls) comprising a wall; and a connection ring (i.e. 60) rotatable relative to the wall of the outer casing ([0052] lines 1-8), an inlet aperture (distal opening of connector 56) of an outlet gases passage (54; [0041] lines 1-15) fluidly connectable to the humidifier gases outlet (distal opening of connector 54 located at the humidifier tub) so that humidified gases exiting the humidifier chamber (50) pass through the outlet gases passage (56) for delivery to a patient ([0041] lines 1-15).
Smith substantially teaches the claimed limitation except for the ring being fully rotatable. However, Smith teaches the ring being rotatable greater than 10 degrees, which is a rage that overlaps the claimed range. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the ring of Smith to be fully rotatable as such is well within an artisan’s skill and would provide the advantage of greater adaptability. In addition, it has been held that where the general conditions of a claim are known it is not inventive to determine optimum or workable ranges by routine experimentation.
Regarding claim 163, Smith discloses the outlet gases passage (56) is non-rotatable relative to the wall of the outer casing (as shown, the connector 56 does not include rotatable parts).
Regarding claim 164, Smith discloses the outlet gases passage (56) is removable from the assisted breathing unit (10) (i.e. via removable tub 50).
Regarding claim 165, Smith discloses the outlet gases passage (56) is fitted to the assisted breathing unit (10) by being pressed through the connection ring (60) in the wall of the outer casing (fig. 7; [0047] lines 1-10 disclose pushing through the ring for connecting and [0057] lines 1-10 disclose that the connection ring can be reversed such that the humidifier inlet is pushed through the connector thereby fitting the gas passage 56 to the unit 10).
Claims 166-170 and 172-175 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Smith in view of Edirisuriya et al. (6,953,354).
Regarding claim 166, Smith discloses a compartment (i.e. cradle) that receives the humidifier chamber (50) but does not specifically disclose an inner portion of the outlet gases passage includes a flange, the flange comprises ridges that engage with complementary sockets or slots in the compartment to hold the outlet gases passage in position. However, Edirisuriya discloses an inner portion of the outlet gases passage includes a flange (i.e. base 202, 424), the flange comprises ridges outer perimeter 424 ridge) that engage with complementary sockets or slots in the compartment to hold the outlet gases passage in position (col. 6 lines 5-21, col. 9 lines 5-10 disclose clipped connection). It would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the outlet to be removably connected as taught by Edirisuriya to provide the advantage of enhanced ease of maintenance and cleaning.
Regarding claim 167, Smith discloses at least part of the inner portion of the outlet gases passage is curved (i.e. annular) so as to fit flush against a curved wall of the compartment (as shown in fig. 27, the outlet sits substantially flush).
Regarding claim 168, Smith discloses wherein the connection ring (60) is located in a rear wall of the assisted breathing unit (as shown in fig. 3, the ring is in a rear portion).
Regarding claim 169, Smith discloses the connection ring (60) is non-removable from the outer casing ([0057] lines 1-10 disclose permanently attached).
Regarding claim 170, Smith discloses the connection ring (60) comprises a flange (64) and an engaging mechanism is interposed between the outer casing and the flange of the connection ring such that the connection ring is non-removable from the outer casing ([0047] lines 1-10, [0057]).
Regarding claim 172, Smith discloses the connection ring is rigid ([0047] lines 1-5 disclose at least a portion is rigid).
Regarding claims 173-174, Smith discloses the inlet aperture of the outlet gases passage formed from a soft sealing material is a silicone rubber ([0048]).
Regarding claim 175, the modified Smith teaches (see figs. 8-10 of Edirisuriya) an inner portion of the outlet gases passage forms a mouth portion (base), and an outer portion of the outlet gases passage forms a stem portion (stem port), the mouth portion being wider than the stem portion.
Allowable Subject Matter
Claims 171 and 176-193 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 194-201 allowed.
Response to Arguments
Applicant's arguments filed 7/13/2026 have been fully considered but they are not persuasive.
Applicant argues on page 9 1st and 2nd paragraphs that Smith does not teach fully rotatable. However, Smith teaches the ring being rotatable greater than 10 degrees, which is a rage that overlaps the claimed range. Manufacturing the ring to be rotatable greater than 10 degrees is well within an artisan’s skill and would provide the advantage of greater adaptability. In addition, it has been held that where the general conditions of a claim are known it is not inventive to determine optimum or workable ranges by routine experimentation.
Applicant argues on page 9 last paragraph that the passage is not pressed through. Examiner respectfully disagrees. Smith teaches a snap fit arrangement which is thereby pressed through into the snap configuration. In addition, fig. 7; [0047] lines 1-10 disclose pushing through the ring for connecting and [0057] lines 1-10 disclose that the connection ring can be reversed such that the humidifier inlet is pushed through the connector thereby fitting the gas passage 56 to unit 10. Thus, Smith teaches this limitation as claimed.
Applicant’s arguments, with respect to claim 171, have been fully considered and are persuasive. The rejection has been withdrawn.
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 LATOYA M LOUIS whose telephone number is (571)270-5337. The examiner can normally be reached M-F 1 pm - 6:30 pm ET.
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/LaToya M Louis/Primary Examiner, Art Unit 3785
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