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 .
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/03/2026 has been entered.
Response to Amendment
3. This office action is responsive to the amendment filed on 09/03/26. As directed by the amendment: claims 1, 3-34 have been amended, claim 2 has been cancelled, and no claims have been added. Thus, claims 1 and 3-36 are presently pending in this application.
Specification
4. The disclosure is objected to because of the following informalities: “pneumatic block assembly” in the specification does not have an attached reference numeral and is therefore unclear in what structures the pneumatic block assembly encompasses: is it only the pneumatic block or the pneumatic block in addition to other structures?
Appropriate correction is required.
Claim Rejections - 35 USC § 112
5. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
6. Claims 1 and 3-36 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1 and 34, the limitation “removably secured by its pneumatic couplings to the pneumatic block assembly” in lines 10-11 of claim 1 and lines 11-12 of claim 34 are not described in the specification. Figure 4E shows multiple pneumatic couplings (fig. 4E, main seal 4406, sensor seal 4408, and block coupling seal 4410), however, only the block coupling seal 4410 is connected to the pneumatic block assembly (being interpreted as the pneumatic block 4333). This limitation is being interpreted as –removably secured by its pneumatic coupling to the pneumatic block assembly--.
Any remaining claims are rejected as being dependent upon a rejected based claim.
Claim Rejections - 35 USC § 102
7. 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.
8. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
9. Claim(s) 1, 3-4, 6-10, 12, 16-18, 20, 31-32, and 34-36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taylor et al. (US 2018/0344963).
Regarding claim 1, Taylor discloses a respiratory therapy apparatus (fig. 2, portable oxygen concentrator 100) that includes a pneumatic block assembly (fig. 1, portable oxygen concentrator 100 includes a compressor); and a sensor module assembly comprising (fig. 3A, sensor block 300):
a flow manifold (fig. 3C, the air passages within 300) comprising an inlet (fig. 3C, oxygen sensor port 365) positioned at a first end of the sensor module assembly and configured to seal against the pneumatic block assembly (fig. 3A, receives oxygen via a connection to valve manifold 310), an outlet positioned at a second end of the sensor module assembly opposite the first end (fig. 3C, cannula output connection 380), and a main pneumatic path between the inlet and the outlet (fig. 3C, the air passage between 365 and 380, see fig. 3A, the air flows from 360 to 395); and
a sensor module comprising a plurality of sensors on a printed circuit board ([0037] states that the oxygen sensor 360 and other sensors mate directly to the circuit board), wherein the sensor module assembly is removably secured by its pneumatic couplings to the pneumatic block assembly (fig. 3A, shows the sensor block receiving oxygen from manifold 310 which receives oxygen from adsorbent beds, see [0032], which receive air from compressor 2, see fig. 1. Further, paragraph [0046] states that figs. 6A-6E shows gas connectors between a manifold and sensor assembly, fig. 6A, compliant common member 620 is defined as a pneumatic coupling that is removable according to figs. 6A-6B which shows it being attached an detached, thereby making the sensor block removably coupled to a pneumatic block assembly via the manifold and adsorbent beds, see fig. 6D).
Regarding claim 3, Taylor discloses the apparatus of claim 1 and further discloses the inlet of the flow manifold is configured for removable coupling with an outlet of the pneumatic block assembly (fig. 6C, compliant common member 620 is used to couple the sensor block assembly 300 to the product valve manifold, see [0051], which receives air from the compressor, see fig. 1) and wherein the outlet of the flow manifold is configured for removable coupling with a pneumatic path (fig. 3C, output connection 380 feeds into a cannula) associated with a housing structure of the respiratory therapy apparatus (fig. 2, oxygen output 14 emerges from housing 101), the pneumatic path being adapted for supplying breathable gas to a patient interface ([0036] states that the gas flowing through the cannula output connection 380 feeds to the patient).
Regarding claim 4, Taylor discloses the apparatus of claim 1 and further discloses the inlet of the flow manifold is configured for removable coupling with an outlet of the pneumatic block assembly (fig. 1, compressor feeds air to the product valve manifold 10, fig. 3A shows the inlet of the sensor block assembly 300 connected to the valve manifold to receive air from the compressor) and wherein the outlet of the flow manifold is configured for removable coupling with a pneumatic path of a housing cover panel of the respiratory therapy apparatus (fig. 1, shows oxygen output 14 coupled to oxygen concentrator 100 and poking out of the housing 101), the pneumatic path being adapted for supplying breathable gas to a patient interface ([0036] states that the gas flowing through the cannula output connection 380 feeds to the patient).
Regarding claim 6, Taylor discloses the apparatus of claim 1 and further discloses the flow manifold further comprises a plurality of gas ports (fig. 3C, the sensors 340, 360, and 370 emerge from the manifold within the sensor block 300), the plurality of gas ports being pneumatically coupled to the main pneumatic path (fig. 3A, each of the sensors are pneumatically coupled with the oxygen sensor and eventually the cannula output).
Regarding claim 7, Taylor discloses the apparatus of claim 6 and further discloses that each of the plurality of gas ports are cylindrical (fig. 3C, the openings to each port 340, 370, and 360 are cylindrical), and wherein each cylindrical gas port has a central axis (see annotated fig. 3C below).
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Regarding claim 8, Taylor discloses the apparatus of claim 7 and further discloses the central axes of the plurality of cylindrical gas ports are substantially parallel (see annotated fig. 3C above, the central axes of sensors 340, 370, and 380 are substantially parallel).
Regarding claim 9, Taylor discloses the apparatus of claim 7 and further discloses the central axes of the plurality of cylindrical gas ports are generally perpendicular to the central axis of the cylinder of the flow manifold (see annotated fig. 3C above which shows the sensor central axes are perpendicular to the cylinder defined as between inlet 365 and the entrance to output connection 380).
Regarding claim 10, Taylor discloses the apparatus of claim 6 and further discloses the flow manifold further comprises a support plate (fig. 3C, the housing of sensor block assembly 300), the support plate configured as a shelf at a side of the flow manifold and integrated with a set of the plurality of gas ports (see annotated fig. 3C above, the housing of 300 extends sideways from the central axis of the cylinder defined between 365 and 380 and is integrated with gas ports 340, 370, 380, and 360).
Regarding claim 12, Taylor discloses the apparatus of claim 1 and further discloses the flow manifold comprising a plurality of mounting posts (see annotated fig. 3C below, the screws enter the mounting posts).
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Regarding claim 16, Taylor discloses the apparatus of claim 12 and further discloses the plurality of mounting posts (see annotated fig. 3C above) comprises at least one fixing post configured for receiving a fastener of the sensor module for fixedly coupling the sensor module to the flow manifold (see annotated fig. 3C above, screws are shown entering each of the mounting posts to fix circuit board 335 to the sensor block assembly 300).
Regarding claim 17, Taylor discloses the apparatus of claim 12 and further discloses each of the plurality of mounting posts has a central axis, wherein the central axes of the plurality of mounting pasts are substantially parallel (see annotated fig. 3C above, each of the mounting posts has a central axis that aligns with the screw connecting lines which shows them to be parallel)
Regarding claim 18, Taylor discloses the apparatus of claim 17 and further discloses the flow manifold further comprises a plurality of gas ports, the plurality of gas ports being pneumatically coupled to the main pneumatic path (fig. 3C, sensors 340 and 370), and wherein the central axes of the plurality of mounting posts are generally parallel to the central axes of the plurality of gas ports (see annotated fig. 3C below).
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Regarding claim 20, Taylor discloses the apparatus of claim 1 and further discloses the inlet of the flow manifold comprises a male coupling (figs. 6A-6E, the inlets of sensor block 300 are shown to be smaller than the outlets of the other component 610 for insertion into the larger coupling via compliant member 620) and the outlet of the pneumatic block assembly comprises a female coupling (fig. 3A, valve manifold 310 is defined as the outlet of the pneumatic block assembly and connected to sensor block 300, fig. 6D shows sensor block assembly having a smaller port which inserts into the larger port of component 610 via member 620 thereby making the outlet of the pneumatic block assembly a female coupling).
Regarding claim 31, Taylor discloses the apparatus of claim 1 and further discloses the plurality of sensors includes a pressure sensor (fig. 3C, pressure sensor 340) and a flow sensor (fig. 3C, breath detection sensor 370 which is measures breathing rate and onset of inhalation to control oxygen delivery, see [0032]).
Regarding claim 32, Taylor discloses the apparatus of claim 31 and further discloses the plurality of sensors further includes a temperature sensor ([0035] states that oxygen gas temperature sensor 390 is mounted on circuit board 335).
Regarding claim 34, the apparatus of Taylor discloses a respiratory therapy apparatus (fig. 2, portable oxygen concentrator 100) for providing a breathable gas to a patient interface for a respiratory therapy ([0002] states that gas is delivered for therapeutic purposes, and [0029] states oxygen is delivered with patient inhalation which constitutes respiratory therapy), the respiratory therapy apparatus comprising:
a pneumatic block assembly (fig. 1, portable oxygen concentrator 100 includes a compressor 2); and
a sensor module assembly (fig. 3A, sensor block assembly 300) that includes a pneumatic block assembly (fig. 1, portable oxygen concentrator 100 includes a compressor), the sensor module assembly comprising:
a flow manifold (fig. 3C, the air passages within 300) comprising an inlet (fig. 3C, oxygen sensor port 365) positioned at a first end of the sensor module assembly and configured to seal against the pneumatic block assembly (fig. 3A, receives oxygen via a connection to valve manifold 310), an outlet at a second end of the sensor module assembly opposite the first end (fig. 3C, cannula output connection), and a main pneumatic path between the inlet and the outlet (fig. 3C, the air passage between 365 and 380, see fig. 3A, the air flows from 360 to 395); and
a sensor module comprising a plurality of sensors on a printed circuit board ([0037] states that the oxygen sensor 360 and other sensors mate directly to the circuit board), wherein the sensor module assembly is removably secured by its pneumatic couplings to the pneumatic block assembly (fig. 3A, shows the sensor block receiving oxygen from manifold 310 which receives oxygen from adsorbent beds, see [0032], which receive air from compressor 2, see fig. 1. Further, paragraph [0046] states that figs. 6A-6E shows gas connectors between a manifold and sensor assembly, fig. 6A, compliant common member 620 is defined as a pneumatic coupling that is removable according to figs. 6A-6B which shows it being attached and detached, thereby making the sensor block removably coupled to a pneumatic block assembly via the manifold and adsorbent beds, see fig. 6D); and
an external housing to receive the sensor module assembly and the pneumatic block assembly (fig. 2, housing 101 contains the sensor assembly and compressor 2).
Regarding claim 35, Taylor discloses the apparatus of claim 34 and further discloses the inlet of the flow manifold is configured for removable coupling (see figs. 6D and 6E, sensor assembly 300 can be removably coupled via compliant common member 620) with an outlet of the pneumatic block assembly (fig. 3A, valve manifold 310 is defined as an outlet associated with the pneumatic block assembly because it receives oxygen from compressor, see fig. 1, where compressor feeds oxygen to valve manifold 10) and wherein the outlet of the flow manifold is configured for removable coupling with a pneumatic path associated with the external housing of the respiratory therapy apparatus (fig. 2, sensor block 300 is contained within housing 101 which allows oxygen to escape via coupling to oxygen output 14), the pneumatic path being adapted for supplying breathable gas to a patient interface (fig. 3A, is part of the pneumatic path where the oxygen eventually is provided to the patient via cannula, see [0032]), wherein the external housing comprises a housing cover panel (fig. 2, housing 101 includes panels on the top and side of the portable oxygen concentrator 100 where the panel which includes the opening for oxygen output 14 can be considered a housing cover panel).
Regarding claim 36, Taylor discloses the apparatus of claim 34 and further discloses the sensor modules assembly (fig. 3A, 300) is configured for seal-based securement (figs. 6D and 6E, 300 is secured to another component 610 via a common compliant member 620) within the external housing (fig. 2, the sensor block 300 is contained within housing 101).
Claim Rejections - 35 USC § 103
10. 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.
11. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taylor in view of Scampoli (US 2009/0062673).
Regarding claim 5, Taylor discloses the apparatus of claim 1 and further discloses the flow manifold comprises a cylinder (see annotated fig. 3C, the pneumatic path between inlet 365 and the cannula output connection 380 where inlet 365 is shown to be a cylinder), but does expressly discloses that the cylinder defines the main pneumatic path extending along a central axis of the cylinder from the inlet to the outlet of the flow manifold.
However, Scampoli teaches of an electro-pneumatic assembly for use in respiratory measurement system that uses an airway adapter (fig. 1, 20) that connects to tubing (fig. 1, 30). The airway adapter has an inlet side (fig. 1, the side of 20 closer to gas source end 14) and an outlet side (fig. 1, the side of 20 closer to patient interface end 12) and is depicted as a cylinder from the inlet to outlet sides.
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the unknown interior shape of the sensor block of Taylor with the cylinder shaped body as taught by Scampoli as a simple substitution of one known element for another to obtain a predictable result of allowing fluid to pass through the device while measuring various parameters (Scampoli [0024]-[0026] states respiratory monitor 50 includes electro-pneumatic assembly 100 for flow and pressure measurement, and Taylor fig. 3C, includes various openings for a pressure sensor 340, oxygen sensor 360, and a breath detection sensor 370) and communicate oxygen through the device (Scampoli fig. 1, gas passes through source end 14 through adapter 20 to interface end 12 and Taylor fig. 3A, oxygen passes through manifold 310 and sensor block assembly 300 to a cannula output which [0036] states is fig. 3C, 380).
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12. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taylor in view of Zhang et al. (US 2017/0292864).
Regarding claim 11, Taylor discloses the apparatus of claim 10 and further discloses a breath detection sensor (fig. 3A, 370) which is input into a microcontroller for maintaining required flow rates ([0032]), but Taylor does not expressly state that the set of gas ports comprises a first and second port for sensing a flow rate within the flow manifold.
However, Zhang teaches of a flow sensor which measures flow rate using a differential pressure (abstract) between a first and second port (fig. 1, 32 and 34).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the breath detection sensor of the assembly of Taylor with the flow sensor as taught by Zhang as a simple substitution of one known element for another to obtain a predictable result of being able to detect breathing rate.
13. Claim(s) 13-15, 19, 21-22, and 24-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taylor.
Regarding claim 13, Taylor discloses the apparatus of claim 12 and further discloses a plurality of the mounting posts and a plurality of gas ports (see annotated fig. 3C below), but does not expressly disclose that a plurality of mounting posts are on a first side of the main pneumatic path and a plurality of gas ports are on an opposing side of the main pneumatic path.
However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to swap the positions of the inlet and the breath detection sensor (see annotated fig. 3C below) of the assembly of Taylor because there is no criticality regarding the position of the mounting posts and gas ports. Further, it appears the assembly of Taylor would perform equally well with the gas ports and mounting posts one opposing sides of the main pneumatic path.
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Regarding claim 14, the modified apparatus of Taylor reads on the limitations of claim 13 and further reads on the mounting posts and gas ports are configured to support the sensor module (fig. 3C, gas ports and mounting posts increase friction to secure circuit board 335 to the housing of sensor block assembly 300).
Regarding claim 15, the modified apparatus of Taylor reads on the limitations of claim 14 and further reads on the plurality of mounting posts are configured to support the printed circuit board (figs. 3B and 3C show the mounting posts screwing into the circuit board 335) and the plurality of gas ports are configured to support a sensor of the plurality of sensors ([0035] states the sensors are mounted on the circuit board where the gas ports contact to support the sensors).
Regarding claim 19, Taylor discloses the apparatus of claim 1, and further discloses the sensor block as having a male coupling and the outlet of the pneumatic block as having a female coupling (figs. 6A-6E).
However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to swap the positions of the male and female couplings as an obvious design choice because there is no criticality regarding the which side is a male or female coupling. Further, it appears the assembly of Taylor would perform equally well with the swapped coupling in providing airflow through the main pneumatic path.
Regarding claim 21, the modified apparatus of Taylor reads on the limitations of claim 19 and further reads on a tubular seal (fig. 6D, compliant common member 620 can form a tube), the tubular seal configured for mating between the male coupling and the female coupling (see figs. 6D-6E), the tubular seal providing a pneumatic seal between the inlet of the flow manifold and the outlet of the pneumatic block assembly (see figs. 6A-6E, member 620 assists in coupling the male and female couplings to create a pneumatic seal).
Regarding claim 22, the modified apparatus of Taylor reads on the limitations of claim 19 and further reads on a face seal (fig. 6D, compliant common member 620 seals the face of the female coupling, see fig. 6B), the face seal configured for mating between the male coupling and the female coupling (see figs. 6D-6E), the face seal providing a pneumatic seal between the inlet of the flow manifold and the outlet of the pneumatic block assembly (see figs. 6A-6E, member 620 assists in coupling the male and female couplings to create a pneumatic seal).
Regarding claim 24, the modified apparatus of Taylor reads on the limitations of claim 21 and further reads on a gas connector system that can be employed in other internal gas connections ([0046]), but does not expressly disclose a multiport seal unit configured to pneumatically seal the plurality of gas ports of the flow manifold with the plurality of sensors of the sensor module.
However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the gas connector system including the compliant common member (fig. 6C, 620) to connect the plurality of gas ports with the plurality of sensors so as to provide a compliant connection that minimizes transmission of noise and vibration between elements ([0048]).
Regarding claim 25, the modified apparatus of Taylor reads on the limitations of claim 24, but is silent on if the manufacturing process of the gas connector system includes overmoulding the tubular seal and multiport seal to the flow manifold. However, "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)
Regarding claim 26, Taylor discloses the apparatus of claim 4 and further reads on a gas connector system that can be employed in other internal gas connections ([0046]), but does not expressly disclose a main seal, the main seal configured for sealing coupling of the outlet of the flow manifold (fig. 3C, cannula output connection 380) with the pneumatic path of the housing cover panel (fig. 2, oxygen output 14).
However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the gas connector system including the compliant common member (fig. 6C, 620) to connect the cannula filter assembly (fig. 3A, 320) with the cannula output to patient (fig. 3A, 395) so as to provide a compliant connection that minimizes transmission of noise and vibration between elements ([0048]).
Regarding claim 27, the modified apparatus of Taylor as presented in claim 24 reads on the limitations of claim 4 and further reads on a multiport seal unit, the multiport seal unit configured to (1) pneumatically seal the plurality of gas ports of the flow manifold with the plurality of sensors of the sensor module (see the rejection to claim 24 above), and (2) pneumatically seal the outlet of the flow manifold with the pneumatic path of a housing cover of the respiratory therapy apparatus (see the rejection to claim 26 above).
Regarding claim 28, the modified apparatus of Tayler reads on the limitations of claim 27 and further reads on the multiport seal (fig. 6C, compliant common member 620 includes areas for two different connections) comprises a flow sensor seal and a pressure sensor seal separated by a first seal spacing extension (see annotated fig. 6A below).
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Regarding claim 29, the modified apparatus of Taylor reads on the limitations of claim 28, but is silent on the multiport seal comprising a main seal separated from the flow sensor seal and the pressure sensor seal by a second seal spacing extension, the main seal configured for sealing coupling of the outlet of the flow manifold with the pneumatic path of the housing cover panel.
However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to connect the main seal and multiport seal with another seal spacing extension (see annotated fig. 3C below) as an obvious design choice because there is no criticality regarding the connection of the seals. Further, it appears modified assembly of Taylor would perform equally well with a second seal spacing extension for sealing the pneumatic paths.
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14. Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taylor in view of Decker (US 2017/0241581).
Regarding claim 23, the modified apparatus of Taylor reads on the limitations of claim 21, but is silent on the tubular seal being configured for (1) insertion within the female coupling and (2) receiving the male coupling within the tubular seal.
However, Decker teaches of a seal (fig. 1, 113) outside of male insert (fig. 1, 110) and configured to attach inside the bore (fig. 1, 103) of the female coupling body (fig. 1, 102).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the tubular seal of Taylor with the seal as taught by Decker as a simple substitution of one known element for another to obtain a predictable result of sealing the pneumatic path.
15. Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taylor in view of Bloch et al. (US 5,549,105).
Regarding claim 30, Taylor discloses the apparatus of claim 1, but is silent on the manufacturing process and material of the manifold.
However, Bloch teaches of a manifold which is formed of a molded thermoplastic material (col. 4, lines 16-17).
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 manifold of Taylor with the thermoplastic material as taught by Bloch as a simple substitution of one known element for another to obtain a predictable result of forming a pneumatic path.
16. Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taylor in view of Fleming et al. (US 2017/0363096).
Regarding claim 33, Taylor discloses the apparatus of claim 1, but is silent on the pneumatic block assembly (fig. 1, compressor 2) comprising a housing that includes a volute with a motor and impeller configured to produce air at a positive pressure at the outlet of the pneumatic block.
However, Fleming teaches of a pneumatic block (fig. 2A, motor 4144, volute 2052, and impeller 2050) which generates a flow of gas ([0056]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the compressor of Taylor with the motor, volute, and pneumatic block as taught by Fleming as a simple substitution of one known element for another to obtain a predictable result of generating a flow of gas (Fleming [0056]).
Response to Arguments
17. Applicant's arguments filed 09/03/2026 have been fully considered but they are not persuasive.
Applicant argues, see “remarks” page 10 paragraph 3 through page 11 paragraph 3, that Taylor does not disclose a sensor module assembly is removably secured by its pneumatic couplings to the pneumatic block assembly. However, Taylor discloses a compliant common member 620 that connects sensor block assembly 300 to a product valve manifold (fig. 6D) where the sensor block assembly is connected to the compressor via the manifold and adsorbent beds (see [0032] states that oxygen flows from the adsorbent beds into the manifold 310, which is connected to the compressor 2, see fig. 1). See the rejections to claims 1 and 34 above.
18. Applicant’s argument with respect to claim(s) 5 has been considered but is 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.
Conclusion
19. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhi et al. (US 2023/0233780) discloses a noise reduction structure for a ventilation treatment device that uses a sealing connector for communication between branch tubes and a PCBA plate where the PCBA plate extends into the openings of the sealing connector.
20. 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.
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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.
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/THOMAS Z CHANG/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
