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
This office action is in response to the amendment filed 02/06/26. Claim(s) 1-5, 7, 11, and 19-20 have been amended, new claims 21-23 have been added, no claims have been cancelled, and claims 8-9 and 12-18 have been withdrawn from consideration. Thus, claims 1-7, 10-11, and 19-23 are presently pending in this application.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, 10-11, and 19-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bertinetti (2013/0239960).
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Annotated fig 3 of Bertinetti.
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Annotated fig 5 of Bertinetti.
Annotated fig 8A of Bertinetti.
With respect to claim 1, Bertinetti discloses a CPAP device (respiratory treatment apparatus; 102, fig 1; note also fig 3 represents the flow generator and humidifier connected to one another) for feeding air led inside the device to an airway of a user (see [0050 and 54]), the CPAP device comprising a first unit (see annotated fig 3 of Bertinetti); and a second unit (see annotated fig 3 of Bertinetti) attachable to or detachable from the first unit (“modular”; see [0047]), wherein the first unit includes a first housing (104H, fig 1) having a first inlet (air inlet; see [0052]) and a first outlet, an air blower for leading out air led in from the first inlet from the first outlet (110FG, fig 1), a first electrical connector (114 on 104 in fig 1) provided on the first housing (see fig 1 and fig 5), and a first guide part (see annotated fig 5 of Bertinetti), the second unit includes a second housing (108, fig 1) having a second inlet (112HM, fig 1) and a second outlet (110HM, fig 1), a humidifier (humidifier module; 108, fig 1 contains heating elements in fig 7) which humidifies air led therein from the second inlet, a second electrical connector (114 on 108 in fig 1) electrically connectable to the first electrical connector (see [0057]), and a second guide part (see annotated fig 8A of Bertinetti; note figure 8A is used as a visual for the surface of the second unit), the first guide part and the second guide part are configured to guide (see [0055] where the coupling are coupled to one another and guide the parts together), with a connection between the first outlet and the second inlet (see fig 3 where first unit and the second unit are connected and [0055]), the first electrical connector and the second electrical connector to a position where the first electrical connector and the second electrical connector are electrically connectable to each other (see [0057]) and the second housing has a mounting surface (116L, fig 8A) on which the first housing is mounted, in a first use state in which the second unit is attached to the first unit (see mounting in fig 3).
With respect to claim 3, Bertinetti discloses the first housing (redefined as 104H in fig 3) has a first connection surface (see annotated fig 5 of Bertinetti) provided with the first guide part (redefined as annotated in fig 5 of Bertinetti), the second housing (redefined as 108H, fig 3) has a second connection surface (note the inside surface of 108H that connects to 104H is the second connection surface) opposed to the first connection surface in a first use state in which the second unit (redefined as 108, fig 1) is attached to the first unit (104, fig 1 and see fig 3 and [0034]) and is provided with the second guide part (details of the second surface are not shown in the figures but for illustrative purposes fig 8A will be used to described; see annotated fig 8A), the second guide part is a convex part (see fig 8A of Bertinetti) with a tip (see fig 8A of Bertinetti) protruding from the second connection surface, and the first guide part is a concave (see fig 5 of Bertinetti) part recessed from the first connection surface and into which the convex part is inserted (see [0055]).
With respect to claim 10, Bertinetti discloses the first unit includes a first control part (microcontroller in 104, fig 7) for controlling the air blower (see [0052]), the second unit includes a second control part (microcontroller in 108, fig 7) for controlling the humidifier (microcontroller of 108 controls elements within 108 similar to 104), and the first control part and the second control part are mutually configured to transmit digital signals (see [0067] and bus 782, fig 7).
With respect to claim 11, Bertinetti discloses the first unit includes a control part (microcontroller in 104; fig 7) for controlling the air blower (see [0052]), the control part is connected to the humidifier via the first electrical connector and the second electrical connector to control the humidifier (see [0057]).
With respect to claim 19, Bertinetti (as redefined by claim 3 above) discloses the first electrical connector (114 on 104 in fig 1) is provided on the first connection surface (see annotated fig 5 of Bertinetti above), and the second electrical connector (redefined as 114 in fig 8A) is provided on the second connection surface (see annotated fig 8A of Bertinetti above).
With respect to claim 20, Bertinetti discloses the convex part includes an annular base part (see fig 8A of Bertinetti) and a connection cylinder part (see fig 8A of Bertinetti) extending from the base part (see the convex part extending outward from the annotated base), the base part has an outer diameter (see the diameter of cylinder in fig 8A) uniform toward the tip of the convex part (the diameter is the same toward the tip in fig 8A), and a gap is provided between an outer peripheral surface of the base part and an inner surface of the concave part (a gap would form due to the tip expanding from the convex part; the base would be spaced from the inner surface of the concave part).
With respect to claim 21, Bertinetti discloses in the first use state in which the second unit is attached to the first unit, the first unit is mounted to the second unit at two surfaces (at mounting surface (116L and at annotated second surface in fig 8A of Bertinetti).
With respect to claim 22, Bertinetti discloses in the first use state in which the second unit is attached to the first unit, a first connection surface provided with the first guide part is orthogonal to the mounting surface (see fig 8A of Bertinetti where the mounting surface (116L) is orthogonal to the first surface in annotated fig 5).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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.
Claim(s) 2 and 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berinetti (2013/0239960).
With respect to claim 2, Bertinetti discloses the first housing has a first connection surface (see annotated fig 5 of Bertinetti) provided with the first guide part (see annotated fig 5 of Bertinetti), the second housing has a second connection surface (see annotated fig 8A of Bertinetti) opposed to the first connection surface in the first use state (see fig 3) in which the second unit is attached to the first unit and is provided with the second guide part (see fig 3 and [0055]), the second guide part is a convex part (see fig 8A of Bertinetti) with a tip (see fig 8A of Bertinetti) protruding from the second connection and the first guide part is a concave (see fig 5 of Bertinetti) part recessed from the first connection surface and into which the convex part is inserted (see [0055]) but lacks the first guide part is a convex part and the second guide part is a concave part.
However, it would have been obvious to one of skilled art to have rearranged the convex part of the second guide to the first guide part on the first surface and the concave part of the first guide to the second guide part on the second surface (i.e. switch which surface the concave and convex parts are located), for the purpose of connecting two modules, since it has been held that rearranging parts of an invention involves only routine skill in the art MPEP 2144.04 VI. (C).
With respect to claim 4, Bertinetti discloses the first electrical connector is provided on the first connection surface (see 114 on 104 in fig 1), and the second electrical connector is provided on the second connection surface (see 114 on 108 in fig 1).
With respect to claim 5, the modified Bertinetti shows (after the rearrangement of parts; using fig 8A for illustrative purposes) the convex part includes an annular base part (see fig 8A of Bertinetti) and a connection cylinder part (see fig 8A of Bertinetti) extending from the base part (see the convex part extending outward from the annotated base), the base part has an outer diameter (see the diameter of cylinder in fig 8A) uniform toward the tip of the convex part (the diameter is the same toward the tip in fig 8A), and a gap is provided between an outer peripheral surface of the base part and an inner surface of the concave part (a gap would form due to the tip expanding from the convex part; the base would be spaced from the inner surface of the concave part).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bertinetti as applied to claim 5 above, and further in view of Rose (2019/0001095).
With respect to claim 6, the modified Bertinetti shows the connection cylinder part (see claim 5 and annotated fig 8A above) but lacks the connection cylinder part is in a tapered shape, with an outer diameter decreased toward the tip of the convex part.
However, Rose teaches a positive pressure therapy interface (100, fig 1) comprising a connection cylinder part (270, fig 23A) in a tapered shape (see [0480]), with an outer diameter decreased toward a tip (272, fig 23A and described in [0480]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection cylinder part of the modified Bertinetti to be tapered as taught by Rose so as to facilitate insertion of the tip into another tube, with a seal being formed (see [0480] of Rose).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bertinetti as applied to claim 5 above, and further in view of Virr (2011/0155132).
With respect to claim 7, the modified Bertinetti shows all the elements as claimed above but lacks the outer peripheral surface of the base part has at least one sealing member interposed between the base part and the concave part.
However, Virr teaches a respiratory device (10, fig 1) with a tube (70, fig 12) and sealing member (76, figs 12-13).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the convex part of the modified Bertinetti to include a sealing member as taught by Virr so as to provide a tight seal between two parts without allowing leaks and to avoid accidental disconnection.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bertinetti (2013/0239960) in view of Makinson (2006/0272639).
With respect to claim 23, Bertinetti discloses a CPAP device (respiratory treatment apparatus; 102, fig 1; note also fig 3 represents the flow generator and humidifier connected to one another) for feeding air led inside the device to an airway of a user (see [0050 and 54]), the CPAP device comprising a first unit (see annotated fig 3 of Bertinetti); and a second unit (see annotated fig 3 of Bertinetti) attachable to or detachable from the first unit (“modular”; see [0047]), wherein the first unit includes a first housing (104H, fig 1) having a first inlet (air inlet; see [0052]) and a first outlet, an air blower for leading out air led in from the first inlet from the first outlet (110FG, fig 1), a first electrical connector (114 on 104 in fig 1) provided on the first housing (see fig 1 and fig 5), and a first guide part (see annotated fig 5 of Bertinetti), the second unit includes a second housing (108, fig 1) having a second inlet (112HM, fig 1) and a second outlet (110HM, fig 1), a humidifier (humidifier module; 108, fig 1 contains heating elements in fig 7) which humidifies air led therein from the second inlet, a second electrical connector (114 on 108 in fig 1) electrically connectable to the first electrical connector (see [0057]), and a second guide part (see annotated fig 8A of Bertinetti; note figure 8A is used as a visual for the surface of the second unit), the first guide part and the second guide part are configured to guide (see [0055] where the coupling are coupled to one another and guide the parts together), with a connection between the first outlet and the second inlet (see fig 3 where first unit and the second unit are connected and [0055]), the first electrical connector and the second electrical connector to a position where the first electrical connector and the second electrical connector are electrically connectable to each other (see [0057]), but lacks the second housing further includes a third inlet capable of introducing air from the outside; and a third outlet connectable to the first inlet and capable of discharging air introduced from the third inlet, wherein the first inlet and the first outlet are positioned on a first connection surface, and wherein the second inlet and the third outlet are positioned on a second connection surface.
However, Makinson teaches a respiratory device (1, fig 1) comprising a first unit (3, fig 1) and a second unit (2, fig 1) for humidifying (see [0049]), wherein the second unit comprises a second inlet (5, fig 3) and a second outlet (6, fig 3), a third inlet (into element 100 through inlet 5, fig 4 then into inlet 101, fig 7) capable of introducing air from the outside (outside of inlet); and a third outlet (spaces between 102 in fig 7) connectable to a first inlet (connectable via 5 and 3; fig 1) and capable of discharging air introduced from the third inlet, and wherein the second inlet and the third outlet are positioned on a second connection surface (on a surface of the second unit see figs 3-4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second unit of Bertinetti to include a third inlet and outlet of a filter as taught by Makinson so as to sterilize the air passing through (see [0053] of Makinson).
Response to Arguments
The arguments to the newly added claim limitations in claims 1-7, 10-11, and 19-23 have been addressed in the above rejections.
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 KELSEY E BALLER whose telephone number is (571)272-8153. The examiner can normally be reached Monday - Friday 8 AM - 4 PM.
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/KELSEY E BALLER/Examiner, Art Unit 3785
/TU A VO/Primary Examiner, Art Unit 3785