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
The amendment filed 02/06/2026 has been entered. Claims 1, 76-79, 81-82, and 84-95 remain pending in the application.
Information Disclosure Statement
The information disclosure statement (IDS) dated 02/06/2026 has been received and considered.
Response to Arguments
Applicant's arguments filed 02/06/2026 have been considered. Examiner agrees that the amended claims have overcome the prior art of record. However, due to further search and consideration of the amended claims, please refer to the updated rejection below.
Claim Interpretation
Applicant recites a “tub” in claim 84. The typical meaning of “tub” is “a wide, open, deep container with a flat bottom used for holding liquids” (Oxford Languages Dictionary). It appears that applicant intends the “humidifier tub” to be the location where vaporization takes place (page 24, lines 2-3). The “tub” has been differentiated by the applicant from a reservoir for holding liquid (see fig. 9 in particular, tub 218 and reservoir 228). The term “tub” in claim 84 has been interpreted to mean a location where vaporization takes place.
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.
Claims 1, 76, 78-79, 81-82, 84-88, 91, and 94-95 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fodor (US 4038980), hereafter Fodor.
Regarding Claim 1, Fodor discloses a humidifier (title), comprising: a gas flow path (fig. 2, gas flow path is through inlet 4 to patient mask 21, col. 4 lines 8 and 20-24); a heater in the gas flow path (fig. 2, the assembly of heating element 24, col. 3 lines 45-46, and sheath 22, col. 4 line 22), the heater comprising: a heater element (fig. 2, 24); and a heat conductor wrapped over an outer surface of the heater element (fig. 2, 22 is shown over 24) such that the heat conductor abuts the heater element in thermal contact with the heater element (col. 4 lines 34-35), the heat conductor being foraminous (col. 4 lines 35-37); and a fluid injector (fig. 2, drip feed assembly, col. 3 lines 59-68) comprising an aperture (fig. 2, insert 32, col. 3 last line), the aperture being spaced apart from the heat conductor (fig. 2, there is a space between 32 and sheath 22), wherein the fluid injector is configured to deliver water to the heat conductor as a water droplet (col. 4 lines 25-29), and wherein the water droplet is vaporized upon contact with the heat conductor (col. 4 lines 27-29).
Regarding Claim 76, Fodor discloses a humidifier of Claim 1, wherein the heat conductor is a foam (examiner’s note: while foam is not explicitly disclosed by Fodor, the porous structure of the sheath 22 is described in col. 4 lines 34-37 to be synonymous with foam, similarly to how applicant describes foam in the original specification, page 23).
Regarding Claim 78, Fodor discloses a humidifier of Claim 1, wherein the heat conductor comprises ceramic foam (col. 4 line 37).
Regarding Claim 79, Fodor discloses a humidifier of Claim 1, wherein the heat conductor is configured to: ameliorate a Leidenfrost effect (col. 4 lines 30-34); and/or increase a rate of heat transfer (col. 4 lines 30-34).
Regarding Claim 81, Fodor discloses a humidifier of Claim 1, wherein the heater is located within a conduit (fig. 2, tubular body 2, col. 3 lines 31-32, is equivalent to a conduit).
Regarding Claim 82, Fodor discloses a humidifier of Claim 1, wherein the humidifier has an overflow drain (fig. 2, outlet 36, col. 3 lines 56-58).
Regarding Claim 84, Fodor discloses a humidifier of Claim 1, wherein the heater is in a humidifier tub (as interpreted above, figs. 1 and 2, evaporating chamber 10, col. 3 lines 36-37).
Regarding Claim 85, Fodor discloses a humidifier of Claim 1, wherein the heat conductor comprises one or more of: nickel, ceramic, copper; or stainless steel (col. 4 lines 35-36, the sheath 22 may be steel wire or porous ceramic).
Regarding Claim 86, Fodor discloses a humidifier of Claim 84, wherein the humidifier is configured to operate in a temperature range from about 100°C to about 300°C (col. 4 lines 25-26 the temperature if the sheath 22 is 200-300°C; Where the prior art discloses a range that lies within the claimed range, the prior art anticipates the claim (MPEP 2131.03).
Regarding Claim 87, Fodor discloses a humidifier of Claim 1, further comprising a water sensor coupled to the heater (fig. 2, thermostat 68 is coupled to the heater; a thermostat is a sensor, col. 4 lines 46-47).
Regarding Claim 88, Fodor discloses a humidifier of Claim 1, wherein the heater element is a coil (fig. 2, the heater 24 is depicted as a coil).
Regarding Claim 91, Fodor discloses a humidifier of Claim 1, wherein the heater element can be temperature controlled via a feedback loop (col. 4 lines 38-59, the temperature is self-regulating).
Regarding Claim 94, Fodor discloses a humidifier of Claim 1, wherein the fluid injector is configured to deliver water droplets at an adjustable flow rate to the heat conductor (col. 4 lines 38-42, by adjusting the valve 58 and thermostat, the water droplet rate is controlled).
Regarding Claim 95, Fodor discloses a humidifier of Claim 1, further comprising a controller configured to control a flow rate of water droplets delivered from the fluid injector (col. 4 lines 44-46, the valve 58 is the controller for the flow rate of the water droplets).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claims 77, 89, and 92-93 are rejected under 35 U.S.C. 103 as being unpatentable over Fodor in view of Anthony (US 2006/0012057 A1), hereafter Anthony.
Regarding Claim 77, Fodor discloses a humidifier of Claim 76, but does not explicitly disclose wherein the foam is open cell foam.
Anthony discloses a humidifier using a heating element and a porous heat conductor (fig. 4, rigid evaporating body 7, [0035]) which takes an open cell foam configuration ([0035] the evaporating body is micro-porous to allow water vapor to pass through, but not water).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Fodor’s heat conductor from open-cell foam as taught by Anthony to avoid the passage of water through to the heating element, but allow water vapor to pass through in order to warm the water vapor gas passing through it (Anthony [0035]).
Regarding Claim 89, Fodor discloses a humidifier of Claim 1, but does not explicitly disclose wherein the heat conductor is wrapped cylindrically around the heater element (fig. 2, while the heating element is positioned inside tubular body 2, it is not clear whether the sheath 22 is also cylindrical).
Anthony teaches a cylindrical configuration of a heating element surrounded by a porous heat conductor (fig. 4, heating device 8 and heating component 10 [0033] and evaporating body 7 [0035]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct Fodor’s heat conductor to wrap cylindrically around the heater element, as taught by Anthony, since it has been held that a change in shape is an obvious matter of design choice. See MPEP 2144.04(IV)(B) In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant).
Regarding Claim 92, Fodor discloses a humidifier (title), comprising: a gas flow path (fig. 2, gas flow path is through inlet 4 to patient mask 21, col. 4 lines 8 and 20-24); a chamber (fig. 1, chamber 10 enclosed by body 2, fig.2, col. 3 lines 31-32 and 44); a heater (fig. 2, the assembly of heating element 24 and sheath 22, col. 3 lines 44-45) in the chamber and spaced from a base of the chamber the gas flow path (fig. 2 shows this configuration, col. 3 line 44), the heater comprising: a heater element (fig. 2, 24, col. 3 line 45); and a heat conductor in thermal contact with the heater element (fig. 2, sheath 22, col 4 lines 34-35); a gas flow path configured to flow through a region between the heater and an upper end of the chamber (fig. 2 shows this configuration, col. 4 lines 20-24); and a fluid injector (2, drip feed assembly, col. 3 lines 59-68) comprising an aperture (fig. 2, insert 32, col. 3 last line), the fluid injector being disposed above the heater such that the aperture is spaced apart from the heat conductor (fig. 2, there is a space between 32 and sheath 22), wherein the fluid injector is configured to deliver water to the heat conductor as a water droplet (col. 4 lines 25-29), and wherein the water droplet is vaporized upon contact with the heat conductor (col. 4 lines 27-29).
Fodor is silent on whether the heater element is comprising a Positive Temperature Coefficient material.
Anthony teaches a heating element surrounded by a porous heat conductor (fig. 4, heating device 8 and heating component 10 [0033] and evaporating body 7 [0035]) in which the heating element may be a positive temperature coefficient (PTC) heater ([0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Fodor’s heater element a PTC type, so that the heating device can be self-adjusting (Anthony [0033]).
Regarding Claim 93, Fodor discloses a humidifier (title), comprising: a gas flow path (fig. 2, gas flow path is through inlet 4 to patient mask 21, col. 4 lines 8 and 20-24); a chamber (fig. 1, chamber 10 enclosed by body 2, fig.2, col. 3 lines 31-32 and 44); a heater (fig. 2, the assembly of heating element 24 and sheath 22, col. 3 lines 44-45) in the chamber and spaced from a base of the chamber the gas flow path (fig. 2 shows this configuration, col. 3 line 44), the heater comprising: a heater element (fig. 2, 24, col. 3 line 45); and a heat conductor in thermal contact with the heater element (fig. 2, sheath 22, col 4 lines 34-35), the heat conductor comprising a foraminous material (col. 4 lines 35-37, the sheath 22 may be porous ceramic); a gas flow path configured to flow through a region between the heater and an upper end of the chamber (fig. 2, the gas flow path surrounds the sheath 22, including the upper portion of chamber 10, col. 4 lines 20-24); and a fluid injector (2, drip feed assembly, col. 3 lines 59-68) comprising an aperture (fig. 2, insert 32, col. 3 last line), the fluid injector being spaced apart from the heater such that a gap exists between the aperture and the heat conductor (fig. 2 shows a space between 32 and sheath 22), wherein the fluid injector is configured to deliver water to the heat conductor as a water droplet (col. 4 lines 25-29), and wherein the water droplet is vaporized upon contact with the heat conductor (col. 4 lines 27-29).
Fodor is silent on whether the heater element is comprising a Positive Temperature Coefficient material.
Anthony teaches a heating element surrounded by a porous heat conductor (fig. 4, heating device 8 and heating component 10 [0033] and evaporating body 7 [0035]) in which the heating element may be a positive temperature coefficient (PTC) heater ([0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Fodor’s heater element a PTC type, so that the heating device can be self-adjusting (Anthony [0033]).
Claim 90 is rejected under 35 U.S.C. 103 as unpatentable over Fodor in view of Hayward et al (US 4319566), hereafter Hayward.
Regarding Claim 90, Fodor discloses a humidifier of Claim 1, but is silent on wherein the humidifier is configured to warm up in less than approximately one minute.
Hayward teaches a humidifier which is configured to warm up in less than approximately one minute (col. 8 lines 14-16, the device heats in less than ten seconds). This is useful in emergency situations where a patient is hypothermic and the device is required to heat up quickly (col. 2 lines 3-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fodor’s humidifier to heat rapidly in less than one minute as taught by Hayward in order to be able to provide emergency heated and humidified air to a hypothermic patient.
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 SARA K. TOICH whose telephone number is (703)756-1450. The examiner can normally be reached M-Th 7:30 am - 4:30 pm, every other F 7:30-3:30 ET.
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, Brandy S. Lee can be reached at (571) 270-7410. 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.
/SARA K TOICH/ Examiner, Art Unit 3785
/BRANDY S LEE/ Supervisory Patent Examiner, Art Unit 3785