DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. This office action is responsive to the amendment filed on March 24, 2026. As directed by the amendment: claim 1 has been amended, no claims have been cancelled, and claims 19-20 have been added. Thus, claims 1-20 are presently pending in this application.
Claim Rejections - 35 USC § 103
3. 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.
4. 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.
5. Claim(s) 1, 4-5, 11, and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrell et al. (WO 2017220698) in view of Novkov (US 2019/0344038) and Tatkov et al. (US 2011/0120462).
Regarding claim 1, Farrell discloses an active and passive humidification device (fig. 1, sedation device 1) for mounting in a patient ventilation circuit (fig. 9, device 1 is mounted between ventilator 50 and patient 51), the device comprising: a housing (fig. 1, housing 2) having a ventilator chamber (fig. 2, chamber 3) and an associated patient chamber (fig. 2, chamber 4) communicating with the ventilator chamber through a gas permeable filter (fig. 2, filter 5, see page 4 line 1) mounted between the ventilator chamber and the patient chamber, the gas permeable filter forming a passive humidifier which is operable to capture and reflect heat and moisture received from a patient back to the patient (fig. 2, filter 5 is carbon felt which can capture and reflect heat and moisture, see page 11 lines 18-23), the ventilator chamber having a ventilator connection port (fig. 2, inlet port 7) for connection to a ventilator (fig. 9, mounted to ventilator 50), and the patient chamber having a patient connector port (fig. 2, outlet port 8) for connection to a patient breathing tube (fig. 9, port 8 is connected to breathing tube 54).
Farrell does not expressly disclose a humidity generating device mounted on the housing being operable to discharge moisture into the patient chamber, wherein: a heater being mounted within the patient chamber, a temperature sensor being mounted within the patient chamber, positioned at an exit from the patient chamber and being located downstream of the humidity generating device, the humidity, the heater, and the temperature sensor being connected to an associated controller which is operable to regulate operation of the heater and the humidity generating device to maintain air at a desired temperature and humidity for delivery from the patient chamber to a patient.
However, Novkov teaches of a humidifier comprising a humidity generating device (fig. 8, atomizer 802), a heater (fig. 8, heated tube 819 and corresponding heating elements, see [0075]), temperature sensor (fig. 8, 807), and controller ([0006]) for detecting the current humidity and creating breathing gases of a desired humidity.
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the device of Farrell with the atomizer, heating element, heating tube, sensors, and controller as taught by Novkov for the purpose of reducing instances of over or under humidification thereby maintaining a proper humidification for therapy (see Novkov [0049]).
Regarding the temperature sensor being positioned at an exit from the patient chamber and being located downstream of the humidity generating device, Tatkov teaches of a breathing assistance system that uses a humidifier unit exit port temperature sensor (fig. 2a, 63) that feeds into a controller to adjust gas temperature to a target value so that a desired output at the humidifier unit exit port is achieved ([0028]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the temperature sensor of the modified device of Farrell to be at a patient end as taught by Tatkov to ensure that the gases exiting the humidifier unit are a desired output ([0028]).
The modified device of Farrell reads on a humidity generating device (Novkov fig. 8, atomizer 802) mounted on the housing being operable to discharge moisture (Novkov [0024] states the atomizer disperses water droplets) into the patient chamber (the atomizer and heater are mounted in Farrell fig. 2, chamber 4), wherein: a heater being mounted within the patient chamber (Novkov fig. 8, heated tube 819 and corresponding heating elements, see [0075]), a temperature sensor being mounted within the patient chamber (Tatkov fig. 2a, temperature sensor 63), positioned at an exit from the patient chamber and being located downstream of the humidity generating device (Tatkov fig. 2a, shows temperature sensor 63 located at the humidifier exit port), the humidity, the heater, and the temperature sensor being connected to an associated controller which is operable to regulate operation of the heater and the humidity generating device to maintain air at a desired temperature and humidity for delivery from the patient chamber to a patient (Novkov [0006] states the controller receives input from inspiratory flow and humidity information from a humidity and temperature sensor, see fig. 8, 807, to control the amount of water to be added to reach a desired humidity).
Regarding claim 4, the modified device of Farrell reads on the limitations of claim 1 and further reads on the heater comprises a heater plate (Novkov fig. 8, heated tube 819) mounted within the patient chamber (Novkov fig. 8, heated tube is within a chamber on the patient side), the heater plate being shaped to correspond to the contour of an outer wall of the patient chamber (Novkov fig. 8, heated tube 819 curves with the air conduit which has a tube structure, Farrell fig. 2, the bottom of patient chamber 4 is cylindrical).
Regarding claim 5, the modified device of Farrell reads on the limitations of claim 4 and further reads on the heat plate being mounted against the outer wall (see annotated Novkov fig. 8 below, outer wall is defined as the wall that makes up the conduit) of the patient chamber (see annotated Novkov fig. 8 below, heated tube 819 is mounted on the tube which comprises the outer wall).
PNG
media_image1.png
711
1191
media_image1.png
Greyscale
Regarding claim 11, the modified device of Farrell reads on the limitations of claim 1 and further reads on the patient chamber (Farrell fig. 9, evaporator chamber 4) has a bottom wall (Farrell fig. 9, evaporator chamber housing 13) which slopes downwardly towards the patient connector port (Farrell fig. 9, shows the device 1 tilted downward which creates a slope towards the port 8) for delivery of any moisture collected in the patient chamber towards the patient connector port (Farrell fig. 9, the positioning of chamber 4 above outlet port 8 inherently delivers collected moisture to the port).
Regarding claim 16, the modified device of Farrell reads on the limitations of claim 1 and further reads on a humidifier mounting chamber (see annotated Novkov fig. 8 below, the chamber allows the atomizer to be mounted) being formed in the housing adjacent the patient connector port (Novkov fig. 8 it would be obvious for the atomizer to be placed near the patient connector port so that the water can be delivered to the patient) and the humidity generating device (Novkov fig. 8, atomizer 802) being housed within the humidifier mounting chamber, a passageway connects between the humidifier chamber and the patient connector port within which the humidity generating device being mounted (see annotated Novkov fig. 8 below, the passage which delivers water to the breathing chamber is connected between the mounting chamber and the patient port).
PNG
media_image2.png
711
1191
media_image2.png
Greyscale
Regarding claim 17, the modified device of Farrell reads on the limitations of claim 1 and further reads on wherein the temperature sensor being positioned at an exit from the patient chamber and being located downstream of the humidity generating device (Tatkov fig. 2a, shows temperature sensor 63 located at the outlet of the humidifier unit), between the humidity generating device and an outlet of the patient connector port (Farrell fig. 2, between chamber 4 where the humidifier and heater is and the end of outlet port 8, for reference see sampling port 35 which is also positioned similarly for monitoring the concentration of a sedative).
Regarding claim 18, the modified device of Farrell reads on the limitations of claim 1 and further reads on an evaporator (Farrell fig. 2, evaporator 10) being mounted within the patient chamber (Farrell fig. 2, chamber 4) for delivery of a volatile anesthetic into the patient chamber (Farrell fig. 2, sedative delivery line 40 connects to evaporator 10 which is volatile, see abstract).
Regarding claim 19, Farrell discloses an active and passive humidification device (fig. 1, sedation device 1) for mounting in a patient ventilation circuit (fig. 9, device 1 is mounted between ventilator 50 and patient 51), the device comprising: a housing (fig. 1, housing 2) having a ventilator chamber (fig. 2, chamber 3) and an associated patient chamber (fig. 2, chamber 4) communicating with the ventilator chamber through a gas permeable filter (fig. 2, filter 5, see page 4 line 1) mounted between the ventilator chamber and the patient chamber, the gas permeable filter forming a passive humidifier which is operable to capture and reflect heat and moisture received from a patient back to the patient (fig. 2, filter 5 is carbon felt which can capture and reflect heat and moisture, see page 11 lines 18-23), the ventilator chamber having a ventilator connection port (fig. 2, inlet port 7) for connection to a ventilator (fig. 9, mounted to ventilator 50), and the patient chamber having a patient connector port (fig. 2, outlet port 8) for connection to a patient breathing tube (fig. 9, port 8 is connected to breathing tube 54).
Farrell does not expressly disclose a humidity generating device mounted on the housing being operable to discharge moisture into the patient chamber, wherein: a heater being mounted within the patient chamber, a temperature sensor being mounted within the patient chamber, positioned at an exit from the patient chamber and being located downstream of the humidity generating device, the humidity, the heater, and the temperature sensor being connected to an associated controller which is operable to regulate operation of the heater and the humidity generating device to maintain air at a desired temperature and at about 95% relative humidity for delivery from the patient chamber to a patient.
However, Novkov teaches of a humidifier comprising a humidity generating device (fig. 8, atomizer 802), a heater (fig. 8, heated tube 819 and corresponding heating elements, see [0075]), temperature sensor (fig. 8, 807), and controller ([0006]) for detecting the current humidity and creating breathing gases of a desired humidity.
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the device of Farrell with the atomizer, heating element, heating tube, sensors, and controller as taught by Novkov for the purpose of reducing instances of over or under humidification thereby maintaining a proper humidification for therapy (see Novkov [0049]).
Regarding the temperature sensor being positioned at an exit from the patient chamber and being located downstream of the humidity generating device, Tatkov teaches of a breathing assistance system that uses a humidifier unit exit port temperature sensor (fig. 2a, 63) that feeds into a controller to adjust gas temperature to a target value so that a desired output at the humidifier unit exit port is achieved ([0028]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the temperature sensor of the modified device of Farrell to be at a patient end as taught by Tatkov to ensure that the gases exiting the humidifier unit are a desired output ([0028]).
The modified device of Farrell reads on a humidity generating device (Novkov fig. 8, atomizer 802) mounted on the housing being operable to discharge moisture (Novkov [0024] states the atomizer disperses water droplets) into the patient chamber (the atomizer and heater are mounted in Farrell fig. 2, chamber 4), wherein: a heater being mounted within the patient chamber (Novkov fig. 8, heated tube 819 and corresponding heating elements, see [0075]), a temperature sensor being mounted within the patient chamber (Tatkov fig. 2a, temperature sensor 63), positioned at an exit from the patient chamber and being located downstream of the humidity generating device (Tatkov fig. 2a, shows temperature sensor 63 located at the humidifier exit port), the humidity, the heater, and the temperature sensor being connected to an associated controller which is operable to regulate operation of the heater and the humidity generating device to maintain air at a desired temperature and humidity (Novkov [0006] states the controller receives input from inspiratory flow and humidity information from a humidity and temperature sensor, see fig. 8, 807, to control the amount of water to be added to reach a desired humidity).
Regarding the controller operable to maintain air at about 95% relative humidity, the modified device of Farrell reads on a user-selected relative humidity (see Novkov [0049] which states the controller operates to reach a desired relative humidity) which, in some aspects, can range between 50% to 99% (see Novkov [0086]), but does not expressly disclose that the desired relative humidity is about 95%.
However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the targeted relative humidity of the modified device of Farrell to be about 95%, for the purpose of providing a device that can humidify gas to improve patient adherence and comfort (Novkov [0002]), and since it has been held that where the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. Furthermore, Applicant has not provided criticality that a relative humidity about 95% provides an advantage, is used for a particular purpose, or solves a stated problem beyond stating that it is preferable to be between 95-100% to avoid rainout and possible moisture buildup, see the page 11 lines 30-33 in the specification. Further it appears the modified device of Farrell would perform equally well with the recited 95% relative humidity value. See MPEP 2144.05(II).
6. Claim(s) 2-3, 13-15, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrell in view of Novkov and Tatkov as applied to claim 1 above, and further in view of Kadrichu et al. (US 2010/0282247).
Regarding claim 2, the modified device of Farrell presented in claim 1 reads on the limitations of claim 1 and further reads on the controller being able to receive flow information from a flow sensor (Novkov [0005] states that the inspiratory flow is considered when determining an amount of water to add). The modified device of Farrell does not expressly disclose that the humidity generating device is switched on by the controller during a patient inhalation and switched off by the controller during a patient exhalation.
However, Kadrichu teaches of a controller configured to begin and end aerosolization at a first point and a second point during inhalation, respectively ([0112]) using readings from a flow sensor ([0110]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified device of Farrell with the program for controlling the start and end of aerosolization and a sensor for detecting a breathing cycle as taught by Kadrichu for the purpose of providing greater delivery efficiency (Kadrichu [0202]).
Regarding claim 3, the modified device of Farrell reads on the limitations of claim 2 and further reads on the controller being operable to switch off the humidity generating device at a preset time interval before the end of a patient inhalation (Kadrichu [0112] states that stops aerosolization at a second point which occurs after a second predetermined percentage of inhalation has passed thereby occurring before the end of inhalation by a remaining percentage).
Regarding claim 13, the modified device of Farrell reads on the limitations of claim 2 and further reads on the air flow sensor being operable to detect the direction of air flow through the housing (Kadrichu [0110] states that the start of an inhalation cycle is sensed via a sensor which inherently means the direction of flow can be detected if the inhalation/exhalation state is detected).
Regarding claim 14, the modified device of Farrell reads on the limitations of claim 2 and further reads on wherein the air flow sensor being operable to detect the volume of air flow through the housing (Kadrichu [0110] states that the detected flow rate and time values can be used to find a tidal volume).
Regarding claim 15, the modified device of Farrell reads on the limitations of claim 2 and reads on a flow sensor, but does not expressly disclose the flow sensor as mounted within the ventilator connection port or the ventilator chamber.
However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to place the flow sensor in the ventilator connection port or chamber as an obvious design choice which would not impact the function of the humidification device as there is no criticality to the flow sensor placement (specification page 5 lines 6-10 states that the sensor is mounted within the housing in one embodiment) and the device would function the same in being able to detect the breathing state.
Regarding claim 20, Farrell discloses an active and passive humidification device (fig. 1, sedation device 1) for insertion between an endotracheal tube and Y-piece (fig. 9, shows the device between breathing tube 54 and a y-piece upstream of inlet port 7) in a patient ventilation circuit (fig. 9, device 1 is mounted between ventilator 50 and patient 51), the device comprising:
a housing (fig. 1, housing 2) having a ventilator chamber (fig. 2, chamber 3) and an associated patient chamber (fig. 2, chamber 4) communicating with the ventilator chamber through a gas permeable filter (fig. 2, filter 5, see page 4 line 1) mounted between the ventilator chamber and the patient chamber, the housing being provided in two parts which secure together to form the housing (fig. 2, ventilator chamber housing 12 and 13), the two parts comprising a ventilator chamber housing (fig. 2, ventilator chamber housing 12) and an associated patient chamber housing (fig. 2, ventilator chamber housing 13), the ventilator chamber housing having a top wall with a downwardly depending peripheral skirt (fig. 2, housing 12 includes downwardly depending peripheral skirt 21) which engages and fits outside an associated upstanding peripheral rim on the patient chamber housing (fig. 2, 21 fits around upstanding peripheral skirt 27 which is part of housing 13), the chamber housings being welded together or adhesively secured together (page 10, lines 1-4 state that housing parts 12 and 13 are connected by snap fitting, gluing, or welding), the gas permeable filter forming a passive humidifier which is operable to capture and reflect heat and moisture received from a patient back to the patient (fig. 2, filter 5 is carbon felt which can capture and reflect heat and moisture, see page 11 lines 18-23), the ventilator chamber having a ventilator connection port (fig. 2, inlet port 7) for connection to a ventilator (fig. 9, mounted to ventilator 50), and the patient chamber having a patient connector port (fig. 2, outlet port 8) for connection to a patient breathing tube (fig. 9, port 8 is connected to breathing tube 54).
Farrell does not expressly disclose a humidity generating device mounted on the housing being operable to discharge moisture into the patient chamber, wherein: a heater being mounted within the patient chamber, a temperature sensor being mounted within the patient chamber, positioned at an exit from the patient chamber and being located downstream of the humidity generating device, the humidity, the heater, and the temperature sensor being connected to an associated controller which is operable to regulate operation of the heater and the humidity generating device to maintain air at a desired temperature and humidity for delivery form the patient chamber to a patient, and an airflow sensor being mounted within the housing to detect movement of air through the housing, the airflow sensor being connected to the controller which regulates operation of the humidity generating device such that the humidity generating device is switched on by the controller during a patient inhalation and switched off by the controller during a patient exhalation.
However, Novkov teaches of a humidifier comprising a humidity generating device (fig. 8, atomizer 802), a heater (fig. 8, heated tube 819 and corresponding heating elements, see [0075]), temperature sensor (fig. 8, 807), and controller ([0006]) for detecting the current humidity and creating breathing gases of a desired humidity.
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the device of Farrell with the atomizer, heating element, heating tube, sensors, and controller as taught by Novkov for the purpose of reducing instances of over or under humidification thereby maintaining a proper humidification for therapy (see Novkov [0049]).
Regarding the temperature sensor being positioned at an exit from the patient chamber and being located downstream of the humidity generating device, Tatkov teaches of a breathing assistance system that uses a humidifier unit exit port temperature sensor (fig. 2a, 63) that feeds into a controller to adjust gas temperature to a target value so that a desired output at the humidifier unit exit port is achieved ([0028]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the temperature sensor of the modified device of Farrell to be at a patient end as taught by Tatkov to ensure that the gases exiting the humidifier unit are a desired output ([0028]).
Regarding an airflow sensor being mounted within the housing to detect movement of air through the housing, Kadrichu teaches of a controller configured to begin and end aerosolization at a first point and a second point during inhalation, respectively ([0112]) using readings from a flow sensor ([0110]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified device of Farrell with the program for controlling the start and end of aerosolization and a sensor for detecting a breathing cycle as taught by Kadrichu for the purpose of providing greater delivery efficiency (Kadrichu [0202]).
The modified device of Farrell reads on a humidity generating device (Novkov fig. 8, atomizer 802) mounted on the housing being operable to discharge moisture (Novkov [0024] states the atomizer disperses water droplets) into the patient chamber (the atomizer and heater are mounted in Farrell fig. 2, chamber 4), wherein: a heater being mounted within the patient chamber (Novkov fig. 8, heated tube 819 and corresponding heating elements, see [0075]), a temperature sensor being mounted within the patient chamber (Tatkov fig. 2a, temperature sensor 63), positioned at an exit from the patient chamber and being located downstream of the humidity generating device (Tatkov fig. 2a, shows temperature sensor 63 located at the humidifier exit port), the humidity, the heater, and the temperature sensor being connected to an associated controller which is operable to regulate operation of the heater and the humidity generating device to maintain air at a desired temperature and humidity (Novkov [0006] states the controller receives input from inspiratory flow and humidity information from a humidity and temperature sensor, see fig. 8, 807, to control the amount of water to be added to reach a desired humidity), and an airflow sensor being mounted within the housing (Kadrichu [0213] states the sensor detects pressure changes in a breathing circuit, the housing is part of the breathing circuit so it may be mounted within the housing) to detect movement of air through the housing (Kadrichu [0111] states that a sensor is used to monitor breathing characteristics throughout the delivery regime), the airflow sensor being connected to the controller (Kadrichu [0112] states that the controller controls aerosolization during various points through the breathing cycle) which regulates operation of the humidity generating device such that the humidity generating device is switched on by the controller during a patient inhalation and switched off by the controller during a patient exhalation (Kadrichu [0112] states that aerosolization may being during inhalation and end during exhalation).
7. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrell in view of Novkov and Tatkov as applied to claim 1 above, and further in view of Jassell et al. (US 2008/0251073).
Regarding claim 6, the modified device of Farrell reads on the limitations of claim 4, but does not expressly state that the heater plate is mounted spaced-apart from the outer wall.
However, Jassell teaches of an insulation chamber (fig. 3, insulation chamber 23) between the heating element (fig. 3, heating element 28) and the outer wall (fig. 3, outer wall 24).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified device of Farrell with an insulation chamber to separate the heater plate (Novkov fig. 8, heated tube 819) from an outer wall as taught by Jassell to reduce heat loss thereby increasing heating efficiency and reduce the temperature of the exterior surfaces (Jassell [0011]).
8. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrell in view of Novkov and Tatkov as applied to claim 1 above, and further in view of Drew (US 2016/0310692).
Regarding claim 7, the modified device of Farrell reads on the limitations of claim 4, but is silent on the heater plate having fin on an inner face of the heater plate.
However, Drew teaches of an induction heater assembly which uses cooling fins (fig. 2, 110) that can extend into the gas flow line ([0027]) to improve the heat transfer between the induction element into the gas flow ([0027)).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the heater plate of the modified device of Farrell with fins as taught by Drew to improve the efficiency when heating the gas within the device (Drew [0027]).
9. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrell in view of Novkov and Tatkov as applied to claim 1 above, and further in view of Liu et al. (US 2020/0368468).
Regarding claim 8, the modified device of Farrell reads on the limitations of claim 1, but is silent on the heater being a ceramic heater plate.
However, Liu teaches of a heating device which uses a ceramic heater plate (fig. 44B, heater plate 4420, can be ceramic according to [0405]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the material of the heater (Novkov fig. 8, heated tube 819) of the modified device of Farrell with ceramic as taught by Liu as an obvious design choice which would not impact the function of the humidification device as there is no criticality for the material of the heater and the device would function the same in being able to vaporize water.
10. Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrell in view of Novkov and Tatkov as applied to claim 1 above, and further in view of Church (US 2014/0232024).
Regarding claim 9, the modified device of Farrell reads on the limitations of claim 4, but is silent on an insulation element being mounted on the patient chamber outside the heater plate.
However, Church discloses a humidifier with an outer wall which can be insulated ([0106])
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified device of Farrell with insulation on the outer wall outside the heater plate to minimize heat loss from the heater element and improve safety when handling the device (Church [0106]).
Regarding claim 10, the modified device of Farrell reads on the limitations of claim 9, and further reads on having wiring provided to the heated tube (Novkov [0075] states that internal or external wiring can be used to deliver thermal energy to the heating tube 819) and other components inherently have wires to provide power to the components, but does not expressly disclose the wiring passing through the insulation element.
However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to move the wiring between the heating element and heating tube of the modified device of Farrell to be positioned in the insulation element as an obvious design choice which would not impact the function of the humidification device as there is no criticality to the placement of the wiring conduit and the device would function the same in being able to deliver thermal energy to the heating tube.
11. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrell in view of Novkov, Tatkov, and Kadrichu as applied to claim 2 above, and further in view of Bath et al. (US 2016/0310691).
Regarding claim 12, the modified device of Farrell reads on the limitations of claim 2, but is silent on a cowl being provided to the air flow sensor.
However, Bath teaches of a cowl (a cowl is interpreted as a hood or covering according to Merriam Webster, fig. 11o, water shield 4020sp) and water trap (fig. 11o, 4020wt) positioned near the flow sensor ports (fig. 11o, 4020sp) to prevent water from entering the flow sensor ports ([0304]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified device of Farrell with the water shield and water trap as taught by Bath to prevent excess humidity or water from entering the flow sensor port to prevent the sensor from being compromised due to an ingress of water (Bath [0304]).
Response to Arguments
12. Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
13. Applicant's arguments filed 03/24/2026 have been fully considered but they are not persuasive.
Regarding the rejection to claims 1, 4-5, 11, 16, and 18 under 35 USC 103, under “Remarks” on page 11 paragraph 1-2, the applicant argues that the heater of Novkov is not mounted in the patient chamber. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Regarding the rejection to claims 2-3 and 13-15 under 35 USC 103, under “Remarks” on page 12 paragraphs 1-3, the applicant argues that Kadrichu does not disclose operation of a humidity generating device. However, Kadrichu discloses controlling aerosolization during the breathing cycle (Kadrichu [0112]) which is a liquid (Kadrichu [0041]) and can therefore be similarly applied to water. Novkov discloses the use of an atomizer and heater where the atomizer sprays extremely small water droplets into the gas stream (Novkov [0073]) .
Regarding the rejection to claim 17 under 35 USC 103, under “Remarks” on page 14 paragraphs 2-3, the applicant argues that Suzuki discloses an active humidifier and there is no motivation to combine the teaching of Suzuki with the passive humidifier of Farrell. However, the modified device of Farrell presented in the rejection to claim 1 contains both passive and active humidification elements, therefore, the benefits of a temperature sensor for an active humidifier would still benefit the modified device of Farrell. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
14. 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.
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS Z CHANG whose telephone number is (571)272-0432. The examiner can normally be reached Monday-Friday 9:00 am-5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at (571)272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THOMAS Z CHANG/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
Prosecution Insights