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 on 02/20/2026. Per the amendment, claims 1-26, 2845, 56-57, and 70-71 are canceled; claims 27, 46, 51, 58, 61, and 72 are as currently amended; and claims 47-50, 52-55, 59-60, 62-69, and 73-74 are as previously presented. As such, claims 27, 46-55, 58-69, and 72-74 are pending in the instant application.
All claim objections and rejections pursuant to 35 U.S.C. 112(a) made in the Office Action mailed on 10/23/2025 are withdrawn in light of the amendments.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “lower surface” and “bottom surface” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 52 and 72 are objected to because of the following informalities:
Claim 52, line 2: “a bottom of the lower housing” should read “the bottom of the lower housing” for consistency and clarity.
Claim 72, line 25: “a portion of the vertical wall of the liquid containment compartment” should read “a portion of the vertical wall defining the side of the liquid containment compartment” for consistency and clarity.
Claim 72, lines 27-29: “the portion of the vertical wall of the liquid containment compartment that corresponds to the vertical wall that defines the humidification compartment” should read “the portion of the vertical wall defining the side of the liquid containment compartment that corresponds to the portion of the vertical wall that defines the humidification compartment” for consistency and clarity.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 72-74 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 72 recites the limitation “the vertical wall” in line 30. It is unclear if the recitation of the vertical wall is in reference to the vertical wall defining a side of the liquid containment compartment (see claim 72, lines 23-24), the portion of the vertical wall that defines the humidification compartment (see claim 72, line 25), or is attempting to disclose a new limitation. For the purpose of examination, the above limitation will be interpreted as – the vertical wall that defines the humidification compartment.
Claims 73-74 are rejected as they depend from a rejected claim.
Claim Rejections - 35 USC § 102
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 27 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Potharaju et al. (US 20100065051 A1; hereinafter “Potharaju”).
Regarding claim 27, Potharaju discloses a breathing assistance apparatus (Fig. 4; [0103]) comprising:
a main body (6; Fig. 3), the main body comprising an upper housing (side walls of 11; Figs. 6-7; [0107], lines 11-13) and a lower housing (external shell of blower unit, see Figs. 8-11a; [0134]) that are configured to be secured together (see Fig. 16), the main body having at least one outer wall (37; Fig. 4) and at least one generally vertical inner wall (510; Fig. 7), a humidification compartment (11; Fig. 4) defined within the main body (see Fig. 4) and adapted to receive a removable humidification chamber (12 received by 11, where 12 is capable of being removed from 11, see last sentence of [0115] and last sentence of [0117]; Fig. 6);
a flow generator (100; Fig. 8) positioned within the main body (Figs. 7 and 9; [0129]); and
a liquid containment compartment (120; Fig. 8) being interposed within the main body between the flow generator and the humidification compartment (120 positioned between 100 and 11, see Figs. 8 and 16) and positioned between the at least one outer wall and the at least one generally vertical inner wall (120 positioned between 37 and 510, see Fig. 16), wherein the liquid containment compartment is fluidly connected to the flow generator and the humidification compartment such that a gas flow path from the flow generator to the humidification compartment passes through the liquid containment compartment (Fig. 16; [0131]), and wherein the liquid containment compartment comprises a first opening (13; Fig. 16) that defines an outlet for gases flowing out of the liquid containment compartment to the humidification compartment (last three sentences of [0134]) and a second opening that defines an inlet for the gases flowing into the liquid containment compartment from the flow generator (see Annotated Fig. 16 below).
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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.
Claims 46-55, 58-69, and 72-74 are rejected under 35 U.S.C. 103 as being unpatentable over Potharaju (US 20100065051 A1).
Regarding claim 46, Potharaju discloses a breathing assistance apparatus (Fig. 4; [0103]) configured to deliver a flow of pressurised breathing gases to a user ([0125]), the breathing assistance apparatus comprising:
a main body (6; Fig. 3) comprising an upper housing (side walls of 11; Figs. 6-7; [0107], lines 11-13) and a lower housing (external shell of blower unit, see Figs. 8-11a; [0134]), the lower housing configured to be secured to the upper housing (see Fig. 16), the lower housing comprising an air inlet (101; Fig. 10a);
a blower (100; Fig. 8) positioned entirely within the main body (Figs. 7 and 9; [0129]), the blower configured to draw ambient air through the air inlet (see 130 in Fig. 7; first two sentences of [0108]), the blower configured to generate the flow of pressurised breathing gases that is delivered to the user ([0108], lines 8-10);
a humidification compartment (11; Fig. 4) defined within the main body (see Fig. 4), at least a portion of the humidification compartment defined by at least one generally vertical inner wall (510, walls of 120; see Fig. 7, where part of a wall of 11 defined by 510), and the humidification compartment structured to removably receive at least a portion of a humidification chamber (11 receives 12, where 12 is capable of being removed from 11, see last sentence of [0115] and last sentence of [0117]; Fig. 6), the humidification chamber (12; Fig. 6) structured to contain a volume of liquid ([0114], lines 26-30; [0128]), the flow of pressurised breathing gases passing over the volume of liquid en route to the user such that a humidity of the flow of pressurised breathing gases can be increased ([0129]);
a heater plate (23; Fig. 7) supported by the main body (see Fig. 7), the heater plate being positioned within the humidification compartment (Fig. 7; see first three sentences of [0107]), the humidification chamber configured to rest on the heater plate such that the heater plate can heat the volume of liquid within the humidification chamber (Figs. 3 and 6, where 12 is located within 11, see [0106]; [0113]); and
a liquid containment compartment (120; Fig. 8) being positioned within the main body (Fig. 16), the liquid containment compartment being interposed between the blower and the humidification compartment (120 positioned between 100 and 11, see Figs. 8 and 16), the liquid containment compartment inhibiting liquid infiltration from the humidification chamber or the humidification compartment toward the blower (see Annotated Fig. 16 below, where the walls and lower surface of 120 act as a basin to hold liquid from 11 and 12, wherein liquid in 120 would be located on a lower surface of 120, as such the liquid would be below a second opening that fluidly connects 120 to 100, hence 120 inhibits liquid from infiltrating 100), the liquid containment compartment being separated from the humidification compartment by the at least one generally vertical inner wall (510, walls of 120; 120 separated from 11 via walls of 120, see Fig. 16 and [0131]), the liquid containment compartment providing a gas flow path between the blower and a humidification compartment inlet (Fig. 16; [0131]), the liquid containment compartment comprising:
a first opening (13; Fig. 16) extending through the at least one generally vertical inner wall (13 extends through at least one wall of 120 such that 120 and 13 are fluidly connected; Fig. 16; [0131]), the first opening defining the humidification compartment inlet (see Fig. 4) and an outlet for gases flow out of the liquid containment compartment (Fig. 16; [0131]); and
a second opening (see Annotated Fig. 16 below) that defines an inlet for gases flow into the liquid containment compartment from the blower (see 130 in Annotated Fig. 16 below).
Potharaju further discloses the first opening and the second opening being spatially offset in a horizontal direction (see Fig. 16), but fails to explicitly disclose the second opening spanning a vertical distance, and the first opening and the second opening of the liquid containment compartment being spatially offset from each other in at least two orthogonal directions.
However, one of ordinary skill in the art would have recognized and appreciated that changing the orientation of the second opening would not change the functionality and the operation of the device of Potharaju.
Therefore, absent any showing of unexpected result/benefit or criticality, it would have been obvious to one of ordinary skill in the art, at a time before the effective filing date of the claimed invention, to modify the second opening, as taught by Potharaju, to span in a vertical direction and to be offset from the first opening, as taught by Potharaju, in an additional orthogonal direction, because this modification is taken to be well within the purview of design choice. Whether the orientation of the first opening and the second opening is as taught by Potharaju, or oriented in the manner as claimed, essentially the same predictable or expected result of allowing gases to flow from the liquid containment compartment into the humidification compartment would have been achieved. Furthermore, it has been found that rearranging parts of an invention involves only routine skill in the art (see MPEP 2144).
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Regarding claim 47, Potharaju as modified teaches the invention as set forth in claim 46. Potharaju as modified teaches the first opening and the second opening of the liquid containment compartment being spatially offset from each other in at least two orthogonal directions (see claim 46 above), but fails to teach the first opening and the second opening of the liquid containment compartment are spatially offset from each other in two orthogonal horizontal directions and an orthogonal vertical direction.
However, one of ordinary skill in the art would have recognized and appreciated that changing the orientation of the first opening would not change the functionality and the operation of the device of Potharaju.
Therefore, absent any showing of unexpected result/benefit or criticality, it would have been obvious to one of ordinary skill in the art, at a time before the effective filing date of the claimed invention, to modify the first opening, as taught by Potharaju, to be offset from the second opening, as taught by Potharaju, in two orthogonal horizontal directions and an orthogonal vertical direction, because this modification is taken to be well within the purview of design choice. Whether the orientation of the first opening and the second opening is as taught by Potharaju, or oriented in the manner as claimed, essentially the same predictable or expected result of allowing gases to flow from the liquid containment compartment into the humidification compartment would have been achieved. Furthermore, it has been found that rearranging parts of an invention involves only routine skill in the art (see MPEP 2144).
Regarding claim 48, Potharaju as modified teaches the invention as set forth in claim 47, but fails to explicitly teach no portion of the first opening is vertically aligned with the second opening.
However, one of ordinary skill in the art would have recognized and appreciated that changing the orientation and positioning of the first opening would not change the functionality and the operation of the device of Potharaju.
Therefore, absent any showing of unexpected result/benefit or criticality, it would have been obvious to one of ordinary skill in the art, at a time before the effective filing date of the claimed invention, to modify the first opening, as taught by Potharaju, to be offset from the second opening, as taught by Potharaju, such that no portion of the first opening is vertically aligned with the second opening, because this modification is taken to be well within the purview of design choice. Whether the orientation of the first opening and the second opening is as taught by Potharaju, or oriented in the manner as claimed, essentially the same predictable or expected result of allowing gases to flow from the liquid containment compartment into the humidification compartment would have been achieved. Furthermore, it has been found that rearranging parts of an invention involves only routine skill in the art (see MPEP 2144).
Regarding claim 49, Potharaju as modified teaches the invention as set forth in claim 48, wherein no portion of the first opening is horizontally aligned with the second opening (see Annotated Fig. 16 below).
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Annotated Fig. 16
Regarding claim 50, Potharaju as modified teaches the invention as set forth in claim 49, the main body (6) further comprising:
a ridge (see Annotated Fig. 17 below) that matches a configuration of the at least one generally vertical inner wall such that the ridge and the at least one generally vertical inner wall abut each other when the main body is assembled (see Figs. 4 and 13b, where ridge matches configuration of walls of 120; [0131], lines 9-12; [0134], line 26 to end of paragraph; [0115], lines 1-10), the ridge comprising a groove (recess 70 resides in, see Fig. 17); and
a seal being positioned between the ridge and the at least one generally vertical inner wall (ridge seals between 13 and walls of 120, where walls of 120 form opening of 13, such that air flowing through 120 and 13 before entering 12 does not escape or leak, see [0115]), the seal being configured to be provided within the groove (see 70 within groove in Annotated Fig. 17 below).
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Annotated Fig. 17
Regarding claim 51, Potharaju as modified teaches the invention as set forth in claim 50, wherein a bottom of the lower housing is enclosed by a cover (bottom of external shell of blower unit enclosed by lower surface of 120, see Annotated Fig. 16 below and Figs. 8-11a; [0134]).
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Regarding claim 52, Potharaju as modified teaches the invention as set forth in claim 51, wherein the air inlet (101) is positioned at a side wall of the lower housing adjacent a bottom of the lower housing (Figs. 7 and 10a).
Regarding claim 53, Potharaju as modified teaches the invention as set forth in claim 52, wherein the upper housing comprises an air outlet (side walls of 11 has air outlet 14; Fig. 4), the air outlet being configured to connect to a conduit (14 is fluidly connected to 25, where 25 connects to conduit 21; [0104], lines 16-25), the conduit being in fluid communication with the humidification compartment (21 in fluid communication with 11 via 14, see Fig. 4; [0104], lines 16-25), and the conduit being configured to connect to a breathing mask to deliver the flow of pressurised breathing gases to the user (last sentence of [0104]).
Regarding claim 54, Potharaju as modified teaches the invention as set forth in claim 53, wherein the air outlet (14) is positioned at a side wall of the upper housing adjacent a top of the upper housing (see Fig. 14).
Regarding claim 55, Potharaju as modified teaches the invention as set forth in claim 54, wherein the main body (6) further comprises a lid (32; Fig. 6), the lid being configured to close the humidification compartment (Fig. 3; [0115], lines 2-6).
Regarding claim 58, Potharaju discloses a breathing assistance apparatus (Fig. 4; [0103]) configured to deliver a flow of pressurised breathing gases to a user ([0125]), the breathing assistance apparatus comprising:
a main body (6; Fig. 4) comprising an air inlet (101; Fig. 7);
a blower (100; Fig. 8) positioned entirely within the main body (Figs. 7 and 9; [0129]), the blower being configured to draw ambient air into the breathing assistance apparatus through the air inlet (see 130 in Fig. 7; first two sentences of [0108]), the blower being configured to generate the flow of pressurised breathing gases that is delivered to the user ([0108], lines 8-10);
a humidification compartment (11; Fig. 4) defined within the main body (see Fig. 4), at least a portion of the humidification compartment defined by at least one generally vertical inner wall (510, walls of 120; see Fig. 7, where part of a wall of 11 defined by 510), and the humidification compartment structured to removably receive at least a portion of a humidification chamber (11 receives 12, where 12 is capable of being removed from 11, see last sentence of [0115] and last sentence of [0117]; Fig. 6), the humidification chamber (12; Fig. 6) structured to contain a volume of liquid ([0114], lines 26-30; [0128]), the flow of pressurised breathing gases able to pass over the volume of liquid en route to the user to increase a humidity of the flow of pressurised breathing gases ([0129]);
a heater plate (23; Fig. 7) supported by the main body within the humidification compartment (see Fig. 7; first three sentences of [0107]), the humidification chamber structured to rest on the heater plate, the heater plate capable of heating the volume of liquid within the humidification chamber (Figs. 3 and 6, where 12 is located within 11, see [0106]; [0113]); and
a liquid containment compartment (120; Fig. 8) being interposed between the blower and the humidification compartment (120 positioned between 100 and 11, see Figs. 8 and 16), the liquid containment compartment being positioned within the main body (see Fig. 16), the liquid containment compartment structured to inhibit liquid infiltration from the humidification chamber or the humidification compartment toward the blower (see Annotated Fig. 16 below, where the walls and lower surface of 120 act as a basin to hold liquid from 11 and 12, wherein liquid in 120 would be located on a lower surface of 120, as such the liquid would be below a second opening that fluidly connects 120 to 100, hence 120 inhibits liquid from infiltrating 100), the liquid containment compartment being separated from the humidification compartment by the at least one generally vertical inner wall (510, walls of 120; 120 separated from 11 via walls of 120, see Fig. 16 and [0131]), the liquid containment compartment providing a gas flow path between the blower and a humidification compartment inlet (Fig. 16; [0131]), the liquid containment compartment comprising:
a first opening (13; Fig. 16) extending through the at least one generally vertical inner wall (13 extends through at least one wall of 120 such that 120 and 13 are fluidly connected; Fig. 16; [0131]), the first opening defining the humidification compartment inlet (see Fig. 4) and an outlet for gases flow out of the liquid containment compartment (Fig. 16; [0131]); and
a second opening (see Annotated Fig. 16 below) that defines an inlet for gases flow into the liquid containment compartment from the blower (see 130 in Annotated Fig. 16 below).
Potharaju further discloses the first opening and the second opening being spatially offset in a horizontal direction (see Fig. 16), but fails to explicitly disclose the second opening spanning a vertical distance, the first opening and the second opening of the liquid containment compartment being spatially offset from each other in at least two orthogonal directions.
However, one of ordinary skill in the art would have recognized and appreciated that changing the orientation of the second opening would not change the functionality and the operation of the device of Potharaju.
Therefore, absent any showing of unexpected result/benefit or criticality, it would have been obvious to one of ordinary skill in the art, at a time before the effective filing date of the claimed invention, to modify the second opening, as taught by Potharaju, to span in a vertical direction and to be offset from the first opening, as taught by Potharaju, in an additional orthogonal direction, because this modification is taken to be well within the purview of design choice. Whether the orientation of the first opening and the second opening is as taught by Potharaju, or oriented in the manner as claimed, essentially the same predictable or expected result of allowing gases to flow from the liquid containment compartment into the humidification compartment would have been achieved. Furthermore, it has been found that rearranging parts of an invention involves only routine skill in the art (see MPEP 2144).
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Regarding claim 59, Potharaju as modified teaches the invention as set forth in claim 58, but fails to teach the first opening and the second opening of the liquid containment compartment are spatially offset from each other in two orthogonal horizontal directions and an orthogonal vertical direction.
However, one of ordinary skill in the art would have recognized and appreciated that changing the orientation of the first opening would not change the functionality and the operation of the device of Potharaju.
Therefore, absent any showing of unexpected result/benefit or criticality, it would have been obvious to one of ordinary skill in the art, at a time before the effective filing date of the claimed invention, to modify the first opening, as taught by Potharaju, to be offset from the second opening, as taught by Potharaju, in two orthogonal horizontal directions and an orthogonal vertical direction, because this modification is taken to be well within the purview of design choice. Whether the orientation of the first opening and the second opening is as taught by Potharaju, or oriented in the manner as claimed, essentially the same predictable or expected result of allowing gases to flow from the liquid containment compartment into the humidification compartment would have been achieved. Furthermore, it has been found that rearranging parts of an invention involves only routine skill in the art (see MPEP 2144).
Regarding claim 60, Potharaju as modified teaches the invention as set forth in claim 59, wherein the main body (6) further comprises an upper housing (side walls of 11; Figs. 6-7; [0107], lines 11-13) and a lower housing (external shell of blower unit, see Figs. 8-11a; [0134]), the upper housing and the lower housing being configured to be secured together (see Fig. 16), and the air inlet being located on the lower housing (see 101 in Figs. 7 and 10a).
Regarding claim 61, Potharaju as modified teaches the invention as set forth in claim 60, wherein a bottom of the lower housing of the main body is enclosed by a cover (bottom of external shell of blower unit enclosed by lower surface of 120, see Annotated Fig. 16 below and Figs. 8-11a; [0134]).
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Regarding claim 62, Potharaju as modified teaches the invention as set forth in claim 61, wherein the air inlet (101) is positioned at a side wall of the lower housing adjacent a bottom of the lower housing (Figs. 7 and 10a).
Regarding claim 63, Potharaju as modified teaches the invention as set forth in claim 60, wherein the upper housing comprises an air outlet (side walls of 11 has air outlet 14; Fig. 4), the air outlet being configured to connect to a conduit (14 is fluidly connected to 25, where 25 connects to conduit 21; [0104], lines 16-25), the conduit being in fluid communication with the humidification compartment (21 in fluid communication with 11 via 14, see Fig. 4; [0104], lines 16-25), the conduit structured to connect to a breathing mask to deliver the flow of pressurised breathing gases to the user (last sentence of [0104]).
Regarding claim 64, Potharaju as modified teaches the invention as set forth in claim 63, wherein the air outlet (14) is positioned at a side wall of the upper housing adjacent a top of the upper housing (see Fig. 14).
Regarding claim 65, Potharaju as modified teaches the invention as set forth in claim 59, wherein a lowermost portion of the second opening is vertically higher than a lowermost portion of a lower surface of the liquid containment compartment (see Annotated Fig. 16 below).
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Regarding claim 66, Potharaju as modified teaches the invention as set forth in claim 65, but fails to teach no portion of the first opening is vertically aligned with the second opening.
However, one of ordinary skill in the art would have recognized and appreciated that changing the orientation and positioning of the first opening would not change the functionality and the operation of the device of Potharaju.
Therefore, absent any showing of unexpected result/benefit or criticality, it would have been obvious to one of ordinary skill in the art, at a time before the effective filing date of the claimed invention, to modify the first opening, as taught by Potharaju, to be offset from the second opening, as taught by Potharaju, such that no portion of the first opening is vertically aligned with the second opening, because this modification is taken to be well within the purview of design choice. Whether the orientation of the first opening and the second opening is as taught by Potharaju, or oriented in the manner as claimed, essentially the same predictable or expected result of allowing gases to flow from the liquid containment compartment into the humidification compartment would have been achieved. Furthermore, it has been found that rearranging parts of an invention involves only routine skill in the art (see MPEP 2144).
Regarding claim 67, Potharaju as modified teaches the invention as set forth in claim 66, wherein no portion of the first opening is horizontally aligned with the second opening (see Annotated Fig. 16 below).
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Regarding claim 68, Potharaju as modified teaches the invention as set forth in claim 67, the main body (6) further comprising:
a ridge (see Annotated Fig. 17 below) that matches a configuration of the at least one generally vertical inner wall such that the ridge and the at least one generally vertical inner wall abut each other when the main body is assembled (see Figs. 4 and 13b, where ridge matches configuration of walls of 120; [0131], lines 9-12; [0134], line 26 to end of paragraph; [0115], lines 1-10), the ridge comprising a groove (recess 70 resides in, see Fig. 17); and
a seal being positioned between the ridge and the at least one generally vertical inner wall (ridge seals between 13 and walls of 120, where walls of 120 form opening of 13, such that air flowing through 120 and 13 before entering 12 does not escape or leak, see [0115]), the seal being configured to be provided within the groove (see 70 within groove in Annotated Fig. 17 below).
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Regarding claim 69, Potharaju as modified teaches the invention as set forth in claim 67, wherein the main body (6) further comprises a lid (32; Fig. 6), the lid being configured to close the humidification compartment (Fig. 3; [0115], lines 2-6).
Regarding claim 72, Potharaju discloses a breathing assistance apparatus (Fig. 4; [0103]) comprising
a main body (6; Fig. 4),
a humidification compartment (11; Fig. 4) defined within the main body (see Fig. 4) and adapted to receive a humidification chamber (12 received by 11, where 12 is capable of being removed from 11, see last sentence of [0115] and last sentence of [0117]; Fig. 6),
a flow generator (100; Fig. 8) positioned within the main body (Figs. 7 and 9; [0129]),
the flow generator and the humidification compartment being fluidly connected (see Fig. 16; [0131]) and
a liquid containment compartment (120; Fig. 8) being interposed within the main body between the flow generator and the humidification compartment (120 positioned between 100 and 11, see Figs. 8 and 16), the liquid containment compartment being fluidly connected to both the flow generator and the humidification compartment such that a gas flow path from the flow generator to the humidification compartment passes through the liquid containment compartment (Fig. 16; [0131]), and
wherein the liquid containment compartment comprises a first opening (13; Fig. 16) that defines an outlet for gases flow out of the liquid containment compartment to the humidification compartment (last three sentences of [0134]) and
a second opening that defines an inlet for gases flow into the liquid containment compartment from the flow generator (see Annotated Fig. 16 below),
wherein the main body (6) comprises an upper housing (side walls of 11; Figs. 6-7; [0107], lines 11-13) and a lower housing (external shell of blower unit, see Figs. 8-11a; [0134]) that are configured to be secured together (see Fig. 16), and
wherein the liquid containment compartment (120) comprises a lower surface that is part of the lower housing of the main body (see Annotated Fig. 16 below) and a vertical wall defining a side of the liquid containment compartment that is part of the upper housing of the main body (surface of side wall of 11 facing 120, see Figs. 4 and 16; [0131], lines 9-11), the lower surface not being flat (see circled portions of lower surface of 120 in Annotated Fig. 16 below),
wherein a portion of the vertical wall of the liquid containment compartment corresponds to a portion of a vertical wall that defines the humidification compartment (portion of surface of side wall of 11 facing 120 corresponds to portion of surface of side wall 11 facing interior volume of 11 and defines 11, see Figs. 4 and 16),
wherein the first opening (13) extends through the portion of the vertical wall of the liquid containment compartment that corresponds to the vertical wall that defines the humidification compartment (see Figs. 4 and 16), and
wherein the vertical wall extends from a bottom surface of the humidification compartment (portion of surface of side wall 11 facing interior volume of 11 extends from bottom surface of 11, see Figs 4 and 16; see 112b rejection of claim 72 above for interpretation of limitation).
Potharaju further discloses the first opening and the second opening being spatially offset in a horizontal direction (see Fig. 16), but fails to explicitly disclose the first opening and the second opening of the liquid containment compartment being offset from each other in at least two orthogonal spatial directions.
However, one of ordinary skill in the art would have recognized and appreciated that changing the orientation of the second opening would not change the functionality and the operation of the device of Potharaju.
Therefore, absent any showing of unexpected result/benefit or criticality, it would have been obvious to one of ordinary skill in the art, at a time before the effective filing date of the claimed invention, to modify the first opening, as taught by Potharaju, to be offset from the second opening, as taught by Potharaju, in an additional orthogonal direction, because this modification is taken to be well within the purview of design choice. Whether the orientation of the first opening and the second opening is as taught by Potharaju, or oriented in the manner as claimed, essentially the same predictable or expected result of allowing gases to flow from the liquid containment compartment into the humidification compartment would have been achieved. Furthermore, it has been found that rearranging parts of an invention involves only routine skill in the art (see MPEP 2144).
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Regarding claim 73, Potharaju as modified teaches the invention as set forth in claim 72, but fails to teach the first opening and the second opening of the liquid containment compartment are spatially offset from each other in three orthogonal directions.
However, one of ordinary skill in the art would have recognized and appreciated that changing the orientation of the first opening would not change the functionality and the operation of the device of Potharaju.
Therefore, absent any showing of unexpected result/benefit or criticality, it would have been obvious to one of ordinary skill in the art, at a time before the effective filing date of the claimed invention, to modify the first opening, as taught by Potharaju, to be offset from the second opening, as taught by Potharaju, in three orthogonal directions, because this modification is taken to be well within the purview of design choice. Whether the orientation of the first opening and the second opening is as taught by Potharaju, or oriented in the manner as claimed, essentially the same predictable or expected result of allowing gases to flow from the liquid containment compartment into the humidification compartment would have been achieved. Furthermore, it has been found that rearranging parts of an invention involves only routine skill in the art (see MPEP 2144).
Regarding claim 74, Potharaju as modified teaches the invention as set forth in claim 72, wherein the liquid containment compartment is separated from the humidification compartment by at least one generally vertical inner wall (510, walls of 120; 120 separated from 11 via walls of 120, see Fig. 16 and [0131]), the first opening (13) extending through the at least one generally vertical inner wall (13 extends through at least one wall of 120 such that 120 and 13 are fluidly connected; Fig. 16; [0131]), the main body (6) further comprising a ridge (see Annotated Fig. 17 below) that matches a configuration of the at least one generally vertical inner wall such that the ridge and the at least one generally vertical inner wall abut each other when the main body is assembled (see Figs. 4 and 13b, where ridge matches configuration of walls of 120; [0131], lines 9-12; [0134], line 26 to end of paragraph; [0115], lines 1-10), the ridge comprising a groove (recess 70 resides in, see Fig. 17), and a seal that is disposed between the ridge and the at least one generally vertical inner wall (ridge seals between 13 and walls of 120, where walls of 120 form opening of 13, such that air flowing through 120 and 13 before entering 12 does not escape or leak, see [0115]), the seal being configured to be provided within the groove (see 70 within groove in Annotated Fig. 17 below).
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Annotated Fig. 17
Response to Arguments
Applicant’s arguments with respect to claims 27, 46, 58, and 72 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.
On pages 13-19 of the Remarks (filed on 02/20/2026), Applicant argues Virr et al. (US Pat. No. 6,935,337; hereinafter “Virr”) fails to disclose “a humidification compartment defined within the main body and adapted to receive a humidification chamber”, as recited in claims 27, 46, 58, and 72, nor does Virr teach the humidification compartment is adapted to receive a removable humidification chamber”, as recited in amended claims 27, 46, and 58. Applicant’s argument is moot as Potharaju et al. (US 2010/0065051 A1; hereinafter “Potharaju”) is now relied upon to teach “a humidification compartment defined within the main body and adapted to receive a removable humification chamber”, as recited in amended claim 27, where Potharaju teaches a humidifier compartment (11) defined within a main body of an integrated unit (6, see Fig. 4), where the humidifier compartment (11) removably receives a humidifier chamber (12, see last sentence of [0115] and last sentence of [0117]).
On pages 14-19 of the Remarks, Applicant argues Virr fails to disclose “a vertical wall defining a side of the liquid containment compartment that is part of the upper housing of the main body”, as recited in claims 46, 58, and 72. Applicant’s argument is moot as Potharaju is now relied upon to teach a surface of a side wall of a humidifier compartment (11) that faces a duct (120) is a vertical wall that defines a side of the duct (120) and is part of the side walls of the humidifier compartment (11; see Figs. 4 and 6; [0131], lines 9-11).
On pages 15-16 of the Remarks, Applicant argues Virr fails to disclose “wherein the vertical wall extends from a bottom surface of the humidification compartment”, as recited in amended claim 72. While the limitation is unclear as to which vertical wall of the claimed invention is being referenced (i.e., the vertical wall of the liquid containment compartment, the vertical wall of the humidification compartment, it is best understood by the Examiner that “the vertical wall” is in reference to the vertical wall defining the humidification compartment (see 112b rejection of claim 72 above). As such, Applicant’s argument is moot as Potharaju is now relied upon to teach a portion of a surface of a side wall of the humidification compartment (11), that faces the interior volume of the humidification compartment, extends from a bottom surface of the humidification compartment (see Figs. 4 and 16).
On pages 16-19 of the Remarks, Applicant argues Virr fails to disclose “a blower positioned within the main body”, as recited in claims 46 and 58, nor does Virr disclose “a blower positioned entirely within the main body”, as recited in amended claims 46 and 58. Applicant’s argument is moot as Potharaju is now relied upon to teach a fan unit (100) that is positioned entirely within the main body of an integrated unit (6, see Figs. 7 and 9; [0129]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kenyon et al. (US 20110023877 A1): Regarding a breathable gas apparatus with a humidifier unit, a top case, a bottom case, and a fan.
Smith et al. (US 20130174843 A1): Regarding a humidifier for a respiratory apparatus with a removable tub and that is configured to connect to a flow generator.
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/ABIGAYLE DALE/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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