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 .
Examiner’s Comments
The current 35 U.S.C 103 rejection is originally included in the Letter Restarting Period for Response dated Dec. 13, 2024. The applicant was notified on Dec. 09, 2024 that a supplementary office action was on the way to replace the original Non-Final dated Dec. 09, 2024. A interview summary recording the communication is provided on Dec. 13, 2024. Due to the fact that Letter Restarting Period for Response dated Dec. 13, 2024 is not correctly coded as a “Non-Final Rejection,” the examiner hereby issues a non-final to give the applicant a chance to respond to the rejection in view of McCombs et al.
Multiple US patents and US patent application publications have been listed by applicant on 1449 of June 22, 2022 as “exhibits” rather than under the sections US Patents and US Patent Application Publications. The examiner encourages the applicant to submit a new 1449 to include all of those US Patents and US Patent Application Publications for the examiner to properly consider them. Currently, all of the NPLs are strike through because the applicant fails to provide PDF copies of them.
Drawings
The drawings are objected to because the oxygen input port 52 is labeled as “55” in applicant’s Fig. 1.
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 Rejections - 35 USC § 102(a)(1)
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.
The claims are rejected as follows:
Claims 43–45 and 48–49 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McCombs et al., US 2006/0117957 A1 (“McCombs”).
Regarding claim 43:
McCombs discloses that a portable oxygen concentrator 20 for concentrating oxygen from ambient air. McCombs Fig. 1, [0019]. McCombs discloses that the portable oxygen concentrator 19 comprising a manifold (see annotated Fig. 1 below) having a manifold passageway (pipe structures that accommodate valves 40, 42, 44 and 46), a first connection (pipe structure that feed into inlet 30a) and a second connection (pipe structure that feed into inlet 32a). McCombs annotated Fig. 1, [0022].
McCombs also discloses a removable (as shown in McCombs’s Fig. 7) sieve module 30, 32 including a first cartridge 30 having a first feed end (proximate inlet 30a) and a first product end (proximate outlet 30b) and a product end block (see annotated Fig. 1 below) connected to the first cartridge 30 at the first product end proximate outlet 30b. McCombs annotated Fig. 1, [0022]. McCombs discloses that the first cartridge 30 having a first input port 30a at the first feed end and a first gas flow orifice at the first product end (opening of outlet 30b). McCombs Fig. 1, [0022]. McCombs discloses that a first adsorbent bed of molecular sieve material positioned in the first cartridge (McCombs discloses as zeolite, which allow oxygen to pass and adsorbs nitrogen). McCombs Fig. 1, [0021]. McCombs discloses that the first input port 30a configured for receiving incoming air flow into the first cartridge 30 and defining a first input port axis (see annotated Fig. 1 below). McCombs annotated Fig. 1, [0021]. McCombs discloses that the product end block having a first gas flow orifice (opening of McCombs’s outlet 30b), an end block passageway (pipe structure of product end block that accommodates valves 24, 36) and an oxygen input port (proximate label 50 in annotated Fig. 1). McCombs annotated Fig. 1. McCombs discloses that the oxygen input port (proximate label 50 in annotated Fig. 1) spaced from the first gas flow orifice (opening of outlet 30b), the gas flow orifice fluidly connected to the oxygen input port by the end block passageway (as shown in annotated Fig. 1). McCombs annotated Fig. 1. McCombs discloses that the oxygen input port (proximate label 50) defining an oxygen port axis (see annotated Fig. 1 below). McCombs annotated Fig. 1. McCombs discloses that the first input port axis and the oxygen input port axis oriented substantially parallel (as shown in annotated Fig. 1). Id. McCombs discloses that the first input port 30a automatically in fluid communication with the first connection and the oxygen input port proximate label 50 automatically in fluid communication with the second connection that feeds into McCombs’s inlet 32a when the removable sieve module 30 is inserted into the portable oxygen concentrator 20 (as shown in annotated Fig. 1 below, additionally, all the components of McCombs oxygen conserving device 20 has to be in fluid communication for the device to function properly). McCombs Fig. 1.
PNG
media_image1.png
676
723
media_image1.png
Greyscale
Regarding claim 44:
McCombs discloses that the portable oxygen concentrator of claim 43, wherein the removable sieve module 30 includes an oxygen product tube (vertical portion of pipe structure between label 50 and manifold 48). McCombs Fig. 1 McCombs discloses that the oxygen product tube connected to the product end block (as shown in annotated Fig. 1 in claim 43) and being in fluid communication with the oxygen input port proximate 50. McCombs annotated Fig. 1.
Regarding claim 45:
McCombs discloses that the portable oxygen concentrator of claim 44, wherein the oxygen product tube includes an oxygen output port (where manifold 48 connects to delivery control assembly 60), the oxygen output port automatically in fluid communication with the second connection when the removable sieve module is inserted into the portable oxygen concentrator (for oxygen product to flow through and reach delivery control assembly 60). McCombs Fig. 1, [0029].
Regarding claim 48:
Modified McCombs discloses that the portable oxygen concentrator of claim 43, wherein the removable sieve module includes a second cartridge 32 having a second feed end proximate inlet 32a and a second product end proximate outlet 32b. McCombs Fig. 1, [0022]. McCombs discloses that a second input port 32a at the second feed end and a second gas flow orifice (opening of outlet 32b) at the second product end. McCombs Fig. 1, [0022]. McCombs discloses that a second adsorbent bed of molecular sieve material (McCombs synthetic zeolite or other known adsorbent materials) positioned in the second cartridge 32. McCombs Fig. 1, [0021]. McCombs also discloses that the second input port 32a is configured for receiving incoming airflow into the second cartridge 32 and defining a second input port axis (see annotated Fig. 1 below), the first input port axis, the second input port axis and the oxygen port axis oriented substantially parallel (see annotated Fig. 1 below). McCombs annotated Fig. 1, [0022].
PNG
media_image2.png
678
959
media_image2.png
Greyscale
Regarding claim 49:
McCombs discloses that the portable oxygen concentrator of claim 43, wherein the product end block includes a second gas flow orifice (opening of outlet 32b), the second gas flow orifice spaced from the first gas flow orifice (opening of outlet 30b) and the oxygen input port (opening of 50). McCombs Fig. 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The claims are rejected as follows:
Claims 34–40, 42 are rejected under 35 U.S.C. 103 as being unpatentable over McCombs in view of Jagger et al., US 2006/0174874 A1 (“Jagger”).
Regarding claim 34:
It is noted that the limitation of “removable sieve module” is interpreted as “a unit comprised of one or more assembled components that is releasably connectible to one or more other components.” This construction is consistent with the claim language and decision institution of Inter Partes Review 37 C.F.R sec 42.108. (“Decision”) p. 8, 2nd para. from bottom.
McCombs discloses that a removable sieve module (McCombs’s adsorber beds 30, 32) for removal from and replacement into a portable oxygen concentrator module (McCombs’s oxygen conserving device 20 is portable and compact). McCombs Fig. 1, claim 1 and [0020]. McCombs discloses that the removable module 30, 32 comprises a first cartridge 30 having a first feed end (proximate McCombs’s inlet 30a) and a first product end (proximate McCombs outlet 30B). McCombs Fig. 1, [0021]. McCombs discloses a first input port 30a at the first feed end and a first gas flow orifice (opening of McCombs’s outlet 30b) at the first product end. McCombs Fig. 1, [0022]. McCombs discloses a first adsorbent bed of molecular sieve material positioned in the first cartridge (McCombs discloses adsorbent material beds could be used to separate nitrogen, which means it is a molecular sieve). McCombs Fig. 1, [0021]. McCombs also discloses that the first input port 30a configured for receiving incoming air flow into the first cartridge 30 and defining a first input port axis (overlapping a straight line passing through point 30a and 30b). McCombs Fig. 1, [0021].
McCombs discloses a product end block (see annotated Fig. 1) having a first gas flow orifice (McCombs’s outlet 30b). McCombs Fig. 1, [0022]. McCombs discloses an end block passageway (McCombs’s pipe structure accommodating check valve 34 and 36) and an oxygen input port (opening upstream of product manifold 48). McCombs Fig. 1, [0022]. McCombs discloses that the oxygen input port spaced from the first input port axis and the first cartridge (see annotated Fig. 1 below). McCombs annotated Fig. 1. McCombs discloses that the gas flow orifice 30b fluidly connected to the oxygen input port by the end block passageway (as shown in annotated Fig. 1). McCombs annotated Fig. 1. McCombs discloses that the oxygen input port defining an oxygen port axis (see annotated Fig. 1 below). McCombs annotated Fig. 1. McCombs discloses that the first input port axis and the oxygen port axis oriented substantially parallel (as shown in annotated Fig. 1) for automatic fluid connection with the portable oxygen concentrator when the removable sieve bed is inserted into the portable oxygen concentrator 20. McCombs annotated Fig. 1.
PNG
media_image3.png
692
1084
media_image3.png
Greyscale
McCombs does not explicitly disclose that the removable sieve module could be removed with little physical strength or dexterity by a user.
Similar to McCombs, Jagger discloses an adsorbent cartridge for oxygen concentrator 100. Jagger Fig. 1, [0035]. Jagger also discloses a removable adsorbent cartridge 206. Jagger Fig. 7, [0083]. Jagger discloses its adsorbent cartridge 206 can be easily removable to facilitate replacement. Jagger Fig. 7, [0083]. It would have been obvious for McCombs’s removable sieve module 30 to be easily removable to facilitate replacement as disclosed by Jagger. The examiner is interpreting “easily removable” as requiring little physical strength or dexterity by a user. Such interpretation is reasonable under the broadest reasonable interpretation.
Regarding claim 35:
Modified McCombs discloses that the removable sieve module of claim 34, wherein the product end block includes a second gas flow orifice (McCombs’s outlet 32b). McCombs Fig. 1, [0022]. McCombs also discloses that the second gas flow orifice 32b spaced from the first gas flow orifice 30b and the oxygen input port (as shown in annotated Fig. 1 in claim 34). McCombs annotated Fig. 1 in claim 34, [0022].
Regarding claim 36:
Modified McCombs discloses that the removable sieve module of claim 34, further comprising a second cartridge (McCombs’s adsorbers 32) having a second feed end (proximate McCombs’s inlet 32a) and a second product end (proximate McCombs’s outlet 32b). McCombs Fig. 1, [0022]. Modified McCombs disloses a second input port 32a at the second feed end and a second gas flow orifice 32b at the second product end. McCombs Fig. 1, [0022]. McCombs discloses that a second adsorbent bed of molecular sieve material (McCombs discloses its adsorbent bed 32 is a sieve material because it selectively allows oxygen to passthrough) positioned in the second cartridge 32. McCombs Fig. 1, [0022] and [0028]. McCombs also discloses that the second input port 32a is configured for receiving incoming airflow into the second cartridge 32a and defining a second input port axis (see annotated Fig. 1 in claim 34). McCombs annotated Fig. 1 in claim 34, [0022]. McCombs discloses that the first input port axis, the second input port axis and the oxygen port axis oriented substantially parallel (as shown in annotated Fig. 1 in claim 34).
Regarding claim 37:
Modified McCombs discloses that the removable sieve module of claim 34, further comprising oxygen product tube (McCombs’s oxygen input tube 48) connected to the product end block such that the oxygen input port is in fluid communication with the oxygen product tube (as shown in annotated Fig. 1 in claim 34, oxygen input port and oxygen product tube and product end block are connected to each other). McCombs annotated Fig. 1, [0022].
Regarding claim 38:
Modified McCombs discloses that the removable sieve module of claim 37, wherein the oxygen product tube 48 includes an oxygen output port (McCombs’s apparatus outlet 68). McCombs Fig. 2, [0029].
McCombs discloses does not explicitly disclose that the oxygen output port is positioned on the oxygen port axis.
However, McCombs’s Fig. 7 shown an exploded view of its apparatus, where the outlet port 68 is located in the middle line of the apparatus (also shown in McCombs’s Fig. 4), which overlaps the middle line between McCombs’s cartridge 30 and 32. McCombs Figs. 4 and 7. Additionally, as annotated in Fig.1 in claim 34, McCombs’s oxygen port axis overlaps with the middle line between McCombs’s cartridges 30 and 32. McCombs annotated Fig. 1, Figs. 4 and 7. It is therefore concluded that McCombs’s oxygen output port is positioned on the oxygen port axis.
Further noted here that since the instant disclosure does not disclose the relative location of the oxygen output port and the oxygen port axis is critical to the operation of the invention. It would have been a routine engineering choice to decide an optimal location of the oxygen output port, based on factors such as compactness of the device.
Regarding claim 39:
Modified McCombs discloses that the removable sieve module of claim 34, where in the first input port 30a is configured to permit compressed fresh air (McCombs shows “AIR” passes via compressor 24 to enter the feed end into the first cartridge 30 during operation. McCombs Fig. 2, [0030].
Modified McCombs also discloses that the removable sieve module of claim 34, wherein the first cartridge 30 includes a first feed end plug (see annotated Fig. 9 of McCombs below) at the first feed end, the first input port 32 positioned in the first feed end plug. McCombs Fig. 2 and annotated Fig. 9.
PNG
media_image4.png
828
865
media_image4.png
Greyscale
Regarding Claim 40:
Modified McCombs discloses the removable sieve module of claim 34, wherein the first cartridge 30 of McCombs includes a first product end plug (see annotated Fig. 9 in claim 39) at the first product end 30b, the first product end plug including the first gas flow orifice (while McCombs does not explicitly discloses this feature, McCombs first product end plug is configured as a connecting piece and it would have been obvious for the product end plug to include the first gas flow orifice for gas to flow out). McCombs annotated Fig. 9 in claim 39.
Regarding claim 42:
Modified McCombs discloses that the removable sieve module of claim 34, wherein the product end block passageway is oriented generally perpendicular relative to the first input port axis and the oxygen port axis (as shown in annotated Fig. 1 in claim 34, the product end block passageway is horizontal, and the first input axis and oxygen port axis is vertical, and therefore, they are perpendicular to each other). McCombs annotated Fig. 1 in claim 34.
Claim 41 is rejected under 35 U.S.C. 103 as being unpatentable over McCombs in view of Jagger and in further view of Yousif, US 2007/0007229 A1 (“Yousif”).
Regarding claim 41:
Modified McCombs does not disclose that the removable sieve module of claim 34, wherein the first cartridge 30 includes a first rupture plate, the first rupture plate covering the first input port and configured to seal the first adsorbent bed and prevent contamination during storage prior to use.
However, McCombs discloses its first cartridge 30 comprises adsorbent materials of synthetic zeolite or other adsorber material that are configured to separate nitrogen from ambient area, i.e., in other words, McCombs’s zeolite adsorber absorbs nitrogen. McCombs, Fig. 1, [0021]. A person of ordinary skill in the art would therefore understand the need to preventing the zeolite material being directly exposed to air before use. It would therefore have been obvious for a person of ordinary skill in the art to seek for proper sealing material to cover McCombs first cartridge 30 before use.
Yousif discloses a container seal 157 that are suitable for sealing a container. Yousif Fig. 5, [0055]. Yousif discloses its container 152 that could contain any contents. Yousif Fig. 6, [0056]. Additionally, Yousif discloses its seal 157 is frangible along spot-welds 164a. Yousif Fig. 6, [0056]. Yousif discloses its seal is adhesive free and particularly suited for use with container contents that are prone to contamination with adhesive residues. Yousif Fig. 5, [0056]. Yousif also discloses that it is common practice to seal a container with sheet material, and the use of such seals, has been imposed on the packaging industry by FDA regulations, as a protection against product tampering and such seal provide evidence of product tampering. Yousif Fig. 5, [0008]. It would have been obvious for modified McCombs to further comprises a frangible sheet seal as disclosed by Yousif to protect contamination of modified McCombs medical device of oxygen concentrator. Modified McCombs would appreciate such frangible sheet seal to provide evidence of product tampering because modified McCombs’s device is related with user’s health.
Claims 46–47, 50, 53 are rejected under 35 U.S.C. 103 as being unpatentable over McCombs in view of Whitney et al., US 2007/0137487 A1 (“Whitney”).
Regarding claim 46:
McCombs discloses that the portable oxygen concentrator of claim 43, further comprising a compressor 24 in fluid communication with the manifold passageway (as annotated in Fig. 1 in claim 43) for transporting the ambient air to the manifold passageway (as indicated in Fig. 1, ai passes through compressor 24 and then enter manifold passage). McCombs annotated Fig. 1, [0028]. McCombs discloses a rechargeable battery pack module (McCombs’s internal battery 98, which can be charged by McCombs’s external power supply). McCombs Fig. 7, [0044].
McCombs does not disclose that a moisture control unit in fluid communication with the compressor and the manifold.
Similar to McCombs, Whitney discloses a portable medical oxygen concentrator. Whitney Fig. 1, [0077]. Whitney discloses a similar configuration with compressor 17, adsorbent cartridges 25 and 27. Whitney Fig. 4, [0086]. Additionally, Whitney discloses a humidifier (the claimed moisture control unit) that is adapted to humidify oxygen product gas from outlet 79. Whitney Fig. 5, [0094]. It would have been obvious for McCombs to include a moisture control unit (humidifier) as disclosed by Whitney because such design is known in the art as being suitable for portable medical oxygen concentrator. A person of ordinary skill in the art would be motivated in include a humidifier at the product end to deliver an oxygen product with a desired humidity value.
Regarding claim 47:
Modified McCombs discloses that the portable oxygen concentrator of claim 46, further comprising an oxygen sensor 72 in fluid communication with the moisture control unit (Whitney’s humidifier, and all the components of the oxygen concentrator has to be in fluid concentration to ensure proper functioning of the device), the oxygen sensor 72 is configured for measuring oxygen purity of concentrated oxygen flowing out of the removable sieve module (intended use, and an oxygen sensor is capable of measuring oxygen purity). McCombs Fig. 1, [0023].
Regarding claim 50:
McCombs discloses that a portable oxygen concentrator 20 for concentrating oxygen from ambient air (intended use, McCombs’s portable oxygen concentrator 20 is capable of performing such function). McCombs Figs. 1 and 7, [0014] and [0021]. McCombs discloses that the portable oxygen concentrator 20 comprising a portable oxygen concentrator module (as shown in Fig. 7) having a concentrator body (outer casing). McCombs Fig. 7, [0028]. McCombs discloses that the concentrator body including an oxygen concentrator handle 109. McCombs Fig. 7, [0025]. McCombs discloses that a compressor 24 mounted within the portable oxygen concentrator module. McCombs Fig. 1, [0028]. McCombs discloses that a battery pack module 98 electrically connected to the compressor 24 (McCombs discloses its battery 98 powers the apparatus 20, and since compressor 24 is part of the apparatus 20 and therefore, battery 98 is electrically connected to the compressor 24). McCombs Fig. 1, [0044].
McCombs discloses a manifold (pipe structure accommodating valves 40, 42, 44, 46) mounted within the portable oxygen concentrator module 20 and including a manifold passageway (since the pipe structure has multiple outlets connects inlet 30a and 32a, it is a manifold). McCombs Fig. 1, [0021]. McCombs discloses that the manifold passageway being in fluid communication with the compressor 24 as shown in Fig. 1. McCombs Fig. 1.
McCombs discloses that a cartridge 30 having a feed end proximate inlet 30a and a product end proximate outlet 30b. McCombs Fig. 1, [0022]. McCombs discloses a molecular sieve material therein (McCombs discloses as a synthetic zeolite that separate nitrogen from oxygen). McCombs Fig. 1, [0021]. McCombs discloses that the cartridge receiving ambient air from the compressor 24 through an input port (inlet 30a) at the feed end. McCombs Fig. 1, [0021].
McCombs also discloses in an alternative embodiment where an inlet particulate filter positioned to filter the ambient air prior to entry into the feed end of the cartridge (McCombs’s inlet filter is capable of filtering particulates that entry into the feed end of the cartridge because it is an inlet filter). McCombs Fig. 1, [0032].
McCombs discloses in an alternative embodiment an oxygen sensor in fluid communication with the manifold and configured for measuring oxygen purity of purified oxygen produced by the cartridge (intended use, and McCombs’s oxygen sensor is capable of measure oxygen purity and McCombs’s oxygen sensor is connected to the oxygen concentrator and therefore connected to the manifold). McCombs Fig. 1, [0044].
McCombs also discloses a cannula that provides the purified oxygen to a patient. McCombs [0006].
McCombs does not disclose a conserver in fluid communication with the oxygen sensor. McCombs also does not disclose a moisture control unit in fluid communication with the product end of the cartridge.
Similar to McCombs, Whitney discloses a portable medical oxygen concentrator. Whitney Fig. 1, [0077]. Whitney discloses a similar configuration with compressor 17, adsorbent cartridges 25 and 27. Whitney Fig. 4, [0086]. Additionally, Whitney discloses a humidifier (the claimed moisture control unit) that is adapted to humidify oxygen product gas from outlet 79. Whitney Fig. 5, [0094]. Whitney further discloses a conserver. Whitney Fig. 1, [0094]. It would have been obvious for McCombs to include a moisture control unit (humidifier) and conserver as disclosed by Whitney because such design is known in the art as being suitable for portable medical oxygen concentrator.
Regarding claim 53:
Modified McCombs discloses that the portable oxygen concentrator of claim 50, wherein the cartridge is comprised of a first cartridge 30 and a second cartridge 32. McCombs Fig. 1, [0022]. McCombs discloses that the first cartridge 30 is connected to the second cartridge 32 by a product end block 122. McCombs Fig. 8, [0028]. McCombs discloses that the first and second cartridges 30, 32 and the product end block 122 removable and replaceable by a user from the portable oxygen concentrator module (McCombs’s Fig. 7 shows a disassemble figure and therefore, it is understood that McCombs’s cartridges 30, 32 are removable and replaceable). McCombs Fig. 7. Additionally, Whitney discloses its cartridge are detachable and easily replaced. Whitney [0077]. The limitation of removable and replaceable is therefore not patentable distinguiable.
Claim 51 is rejected under 35 U.S.C. 103 as being unpatentable over McCombs in view of Whitney, and in further view of Takeda et al., US 2007/0246049 A1 (“Takeda”).
Regarding claim 51:
Modified McCombs does not disclose that the portable oxygen concentrator of claim 50, wherein the moisture control unit includes an outer chamber and an inner chamber, the outer chamber receiving the ambient air from the compressor, the inner chamber receiving purified oxygen from the cartridge, a relative humidity difference between the ambient air and the purified oxygen resulting in driving moisture from the ambient air into the purified oxygen across a water permeable material between the outer and inner chamber.
Similar to modified McCombs, Takeda discloses a humidifying device for an oxygen concentrating system 100. Takeda Fig. 1, [0016]. Similar to modified McCombs, Takeda’s humidifying device is located at user end (Takeda discloses as a nose cannular NP). Takeda Fig. 1, [0016]. Additionally, Takeda discloses that the moisture control unit 10 includes an outer chamber (where Takeda’s label 17 points) and an inner chamber (interior of hollow fiber bundle 14). Takeda Fig. 2, [020]. Takeda discloses the outer chamber 17 receives ambient air from a compressor (via Takeda’s air inlet 12c) and Takeda’s humifying device 170 is connected to a compressor 114 as shown by dotted line in Fig. 1. Takeda Fig. 1, [0016]. Takeda also discloses that the inner chamber of hollow fiber bundle 14 is connected to purified oxygen from pipe 180 from the cartridge 112 (which is Takeda’s adsorption column 112). Takeda Fig. 1, [0016]. Takeda also discloses its hollow fiber membrane 14a are moisture permeable hollow fibers. Takeda Fig. 2, [0022]. Therefore, it is understood that the Takeda’s humidifier is capable of drying moisture from the ambient air into purified oxygen across the moisture permeable hollow fibers between the outer and inner chamber when there is a relative humidity difference. Takeda discloses its moisture control device 170 provide a humidifying device capable of humidifying a gas to be humidified and, in particular, a dry medical gas, to the same degree as the atmospheric air, without using liquid water. Takeda [0005]. It would have been obvious for modified McCombs to include Takeda’s moisture control device 170 for the benefits disclosed.
Claim 52 is rejected under 35 U.S.C. 103 as being unpatentable over McCombs in view of Whitney, and in further view of Aylsworth et al., US 2007/0214955 A1 (“Aylsworth”).
Regarding claim 52:
Modified McCombs does not disclose that the portable oxygen concentrator of claim 50, wherein the oxygen sensor is comprised of a zirconium-based oxygen sensor.
Similar to McCombs, Aylsworth discloses an oxygen concentrator comprising molecular sieve materials. Aylsworth Fig. 1, [0017]. Aylsworth also discloses an oxygen sensor 74. Aylsworth [0026]. Aylsworth discloses its sensor could base on zirconium oxide. Aylsworth [0026]. It would have been obvious for modified McCombs’s oxygen sensor to be composed of zirconium-based oxygen sensor because zirconium-based oxygen sensor is recognized in the art as being suitable for oxygen sensor for portable oxygen concentrator.
Response to Arguments
Claim Rejections - 35 USC § 112(b)
The examiner drops the current rejection because the applicant amends the claims to overcome the current rejection.
Claim Rejections - 35 USC § 102(a)(1)
The examiner withdraws the current rejection in view of the submitted priority documents.
Double Patenting
The examiner drops the current rejection because the applicant filed terminal disclaimer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIANPING HE whose telephone nµmber is (571)272-8385. The examiner can normally be reached on 7:30-5:00 M-F.
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, Jennifer Dieterle can be reached on (571) 270-7872. The fax phone nµmber for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Qianping He/Examiner, Art Unit 1776