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 .
Status of the Claims
This office action is responsive to the amendment filed on 04/22/2026. As directed by the amendment: claim 30 has been amended, no claims have been canceled, and no new claims have been added. Thus, claims 30-49 are presently pending in the application.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 30-32, 34-37, 39, 41-42, and 44 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kenyon (US 20110017212 A1).
Regarding claim 30, Kenyon discloses a system for providing respiratory therapy (As set forth in the Abstract), the system comprising: an apparatus for supplying a flow of breathable gas at a positive pressure for respiratory therapy (FIG. 1 and 30 Flow generator 50 as set forth in [0121] and the abstract); a first removable connectivity module (FIG. 29 Closure element 1116b provided with a DB type data socket as set forth in [0235]); and a second removable connectivity module (FIG. 32 Removable closure element module 1116c carrying a standard universal serial bus (USB) port 1084 on its surface as set forth in [0241], and further, other forms of element 1116 can be provided to enable the connection of devices such as memory cards, pre-programmed devices, or a wide range of devices to be integrated with the apparatus in modular fashion, for example a clock display which may utilise the system clock contained in the flow generator controller, a voice activation unit, oximetry, ECG and other diagnostic aids, a sound recorder, or a light as set forth in [0236], in which a plurality of interchangeable connection modules fit to one or more fixed, standard connectors on the PCB, the cost and size of the flow generator unit may be reduced as the unit may be provided with only those connectors which are needed by that patient, and additional connector modules supplied only if the need arises. Furthermore, the arrangement facilitates upgrade of the data connection arrangement of the flow generator to keep up with technological advances or changes in global data connection standards as set forth in [0242]), wherein the apparatus comprises: a pressure generator for generating the flow of breathable gas (FIG. 1 and 30 Flow generator 50 as set forth in [0121] and the abstract) and supplying the flow to an outlet (FIG. 2 Air connector 53 for the delivery of air from the fan to the humidifier container as set forth in [0121]); a housing which contains at least the pressure generator (FIG. 2 The flow generator 50 has an external case of rigid plastics material molded in two parts, a top case 60 and a bottom case 61 as set forth in [0124]); and at least one electrical connector (As shown in FIG. 9, supported on the top of the chassis 64, in the space formed between the chassis and the top of the top case 60, is a printed circuit board 81, and at the rear of the board an edge connector 1082 and a sliding connector 1082A may be accessible from a connector aperture in the rear of the case 60, providing for modular connector arrangements in FIGS. 25 to 34 as set forth in [0138], and connectors 1082, 1082A to provide ports on the PCB for communications as set forth in [0140]), wherein the housing comprises a cavity configured to interchangeably receive the first removable connectivity module and the second removable connectivity module (FIG. 25 Recess 1115 for the closure elements to fit in the as set forth in [0231]), and wherein the at least one electrical connector is configured to interchangeably connect to the first removable connectivity module and the second removable connectivity module in use (As set forth in [0138]), wherein each of the first removable connectivity module and the second removable connectivity module comprises: a housing (The outer surfaces of the closure elements 1116b and 116c or the other forms of element 1116 as set forth in [0236] or any other plurality of interchangeable connection modules as set forth in [0242]) which comprises a front side and a rear side (The rear side being the side of the closure elements that interface with the connectors 1082, 1082A and the front side being the side that contains a DB type data socket on the closure element 1116b as set forth in [0235] and the standard universal serial bus (USB) port 1084 on 1116c as set forth in [0241], or any other electrical connection as set forth in [0236]); and at least one electrical connector on the front side (FIG. 29 and 32 The front side contains a DB type data socket on the closure element 1116b as set forth in [0235] and the standard universal serial bus (USB) port 1084 on 1116c as set forth in [0241], or any other electrical connection as set forth in [0236]), and at least one electrical connector on the rear side (The electrical connector where the closure elements interface with the connectors 1082, 1082A; for example, FIG. 29A illustrates the connection between the internal connector 1086 of the element 1116b and the edge connector 1082 of the PCB as set forth in [0235]); wherein the housing is configured to be at least partially inserted into the cavity of the apparatus in use (FIG. 25 The slot 83 is provided in the wall of a rectangular recess 1115 and an arcuate depression 1123 is provided in the upper surface of the unit above the recess 1115 to facilitate removal of closure elements from the depression as set forth in [0231], the recess being the cavity in which the closure elements are inserted), and wherein the at least one electrical connector on the rear side is configured to connect to the at least one electrical connector of the apparatus (The electrical connector where the closure elements interface with the connectors 1082, 1082A; for example, FIG. 29A illustrates the connection between the internal connector 1086 of the element 1116b and the edge connector 1082 of the PCB as set forth in [0235]), wherein the front side of the first removable connectivity module comprises a first set of electrical connectors (FIG. 29 Closure element 1116b provided with a DB type data socket that’s an external DB9 connector as set forth in [0235]; the external DB9 connector would comprise a set of pins, electrical connectors, which is well-known to one of ordinary skill in the art) and the front side of the second removable connectivity module comprises a second set of electrical connectors (FIG. 32 Removable closure element module 1116c carrying a standard universal serial bus (USB) port 1084 on its surface as set forth in [0241], the standard USB port would have a set of puns, electrical connectors, which is well-known to one of ordinary skill in the art), wherein at least one electrical connector of the first set of electrical connectors is configured to be compatible with an external mating connector that is incompatible with any electrical connector of the second set of electrical connectors, thereby defining different external connectivity functionality of the system depending on whether the first or second connectivity module is received in the cavity (FIG. 29 The closure element 1116b provided with a DB type data socket that’s an external DB9 connector would be compatible with the opposing DB9 connector; FIG. 32 Removable closure element module 1116c carrying a standard universal serial bus (USB) port 1084 on its surface would be compatible with the opposing USB).
Regarding claim 31, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon further discloses, wherein the cavity is located in a rear of the housing of the apparatus (FIGS. 25 to 32 are rear views of the flow generator, showing various forms of modular data connections where the recess 1115 is as set forth in [0230]-[0231]).
Regarding claim 32, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon further discloses, wherein the cavity comprises one or more indexing features to ensure that each connectivity module can only be inserted into the cavity in a single orientation (FIG. 25 The slot 83 is provided in the wall of a rectangular recess 1115. An arcuate depression 1123 is provided in the upper surface of the unit above the recess 1115 to facilitate removal of closure elements from the depression as set forth in [0231], FIG. 25 also shows depressions such as 1122 in the walls of the recess 1115 as set forth in [0233], which the closure element would fit in order to conform to the coutours of the surrounding surface of the unit. While discussed in reference to FIG. 27, the same would be true of the figures discussing other interchangeable closure elements. Paragraph [0234] also states that complementarily shaped closure elements can be provided for the reception of different kinds of data devices, and FIG. 29A, illustrates the connection between the internal connector 1086 of the element 1116b and the edge connector 1082 of the PCB, the “rectangular” shape of the recess as well as the slot 83 being the indexing features to ensure the correct orientation).
Regarding claim 34, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon further discloses the system, further comprising at least one attachment mechanism configured to selectively secure each connectivity module at least partially within the cavity, and wherein the attachment mechanism comprises protrusions (FIG. 25 The slot 83 is provided in the wall of a rectangular recess 1115. An arcuate depression 1123 is provided in the upper surface of the unit above the recess 1115 to facilitate removal of closure elements from the depression as set forth in [0231], FIG. 25 also shows depressions such as 1122 in the walls of the recess 1115 as set forth in [0233], which the closure element would fit in order to conform to the contours of the surrounding surface of the unit. While discussed in reference to FIG. 27, the same would be true of the figures discussing other interchangeable closure elements. Paragraph [0234] also states that complementarily shaped closure elements can be provided for the reception of different kinds of data devices, and FIG. 29A, illustrates the connection between the internal connector 1086 of the element 1116b and the edge connector 1082 of the PCB).
Regarding claim 35, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon further discloses the system, further comprising a connector assembly, wherein each connectivity module is configured to interchangeably connect, in use, to the connector assembly, wherein the connector assembly is fixed to the housing, and wherein the cavity is provided in the connector assembly (FIG. 25 The recessed portion of the rear of the flow generator housing including the slot 83 is provided in the wall of a rectangular recess 1115, edge connector 1082, and a sliding connector 1082A; (FIG. 25, 29-29A, 30, and 32 The recess 1115 facilitates removal of closure elements from the depression as set forth in [0231]).
Regarding claim 36, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 35 above.
Kenyon further discloses, wherein the connector assembly comprises at least one power connector (FIG. 30 shows the slot 83 open, exposing the edge connector 1082 and sliding connector at the rear of the flow generator PCB 81. The connectors 1082, 1082A comprise a plurality of electrical contacts for carrying data and/or power between the PCB and an external device as set forth in [0239]).
Regarding claim 37, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon further discloses, wherein the cavity comprises a slot configured to receive the at least one electrical connector on the rear side, so that the at least one electrical connector on the rear side passes through the slot and connects to the at least one electrical connector of the apparatus (FIGS. 25 to 32 are rear views of the flow generator, showing various forms of modular data connections foreshadowed earlier, utilizing the slot 83 in the rear of the flow generator housing as set forth in [0230], the slot 83 is provided in the wall of a rectangular recess 1115 as set forth in [0231], and an edge connector 1082 and a sliding connector 1082A are aligned with and accessible through the connector slot 83 providing for the modular connector arrangements as set forth in [0232]; The electrical connector where the closure elements interface with the connectors 1082, 1082A; for example, FIG. 29A illustrates the connection between the internal connector 1086 of the element 1116b and the edge connector 1082 of the PCB as set forth in [0235], being the electrical connectors on the rear side of the closure elements; FIG. 30 shows the slot 83 open, exposing the edge connector 1082 and sliding connector at the rear of the flow generator PCB 81. The connectors 1082, 1082A comprise a plurality of electrical contacts for carrying data and/or power between the PCB and an external device. As set forth in [0239]).
Regarding claim 39, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon further discloses, wherein the apparatus comprises a protective cover configured to cover the at least one electrical connector of the apparatus in use (FIG. 31 shows the arrangement where no data connection is required, with the slot covered by a blank closure element 132 generally as described with reference to FIGS. 25 to 27 as set forth in [0240])
Regarding claim 41, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon further discloses, wherein the at least one electrical connector of the apparatus comprises at least one power connector to facilitate the transfer of power to or from the apparatus (FIG. 30 shows the slot 83 open, exposing the edge connector 1082 and sliding connector at the rear of the flow generator PCB 81. The connectors 1082, 1082A comprise a plurality of electrical contacts for carrying data and/or power between the PCB and an external device as set forth in [0239]).
Regarding claim 42, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon further discloses, wherein the at least one electrical connector on the front side of one or more of the first removable connectivity module and the second removably connectivity module comprises at least one of: a USB connector, a d- subminiature connector (FIG. 29 and 32 The front side contains a DB type data socket on the closure element 1116b as set forth in [0235] and the standard universal serial bus (USB) port 1084 on 1116c as set forth in [0241], or any other electrical connection as set forth in [0236]).
Regarding claim 44, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon further discloses, wherein the housing of each connectivity module comprises a shell and a backplate (The shell being the exterior portion of the closure elements, shown for example in the annotated figure below, and the backplate being the surface that contacts the apparatus within the cavity as shown in the figure below).
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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.
Claims 33, 38, and 49 are rejected under 35 U.S.C. 103 as being unpatentable over Kenyon (US 20110017212 A1) as applied to claim 30.
Regarding claim 33, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 32 above.
Kenyon fails to explicitly disclose, wherein the one or more indexing features comprises a chamfered corner of the cavity.
However, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make the indexing feature a certain shape, in this case, wherein the one or more indexing features comprises a chamfered corner of the cavity in the Kenyon device because Applicant has not disclosed that the specific shape corresponding to the indexing feature of the cavity provides an advantage, is used for a particular purpose, or solves a stated problem. The one or more indexing features comprising a chamfered corner of the cavity, has no effect on any functions shown in the specification. One of ordinary skill in the art, furthermore, would have expected the indexing feature of Kenyon, and the indexing feature of the Applicant, to perform equally well because both features perform the same function of ensuring that each connectivity module can only be inserted into the cavity in a single orientation.
Therefore, it would have been prima facie obvious to modify Bertinetti to obtain the invention as specified in claim 33 because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve a desired shape of the indexing feature and thus fails to patentably distinguish over the prior art of Kenyon.
Regarding claim 38, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon is silent as to the dimensions of the cavity and fails to explicitly disclose, wherein the cavity has one or more of: a depth of between approximately 15mm and approximately 35mm, a height of between approximately 50mm and approximately 80mm, and a width of between approximately 75mm and approximately 100mm.
However, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make the cavity a certain set of dimensions, in this case, wherein the cavity has one or more of: a depth of between approximately 15mm and approximately 35mm, a height of between approximately 50mm and approximately 80mm, and a width of between approximately 75mm and approximately 100mm in the Kenyon device because Applicant has not disclosed that the specific dimensions corresponding to the cavity provides an advantage, is used for a particular purpose, or solves a stated problem. The cavity having one or more of: a depth of between approximately 15mm and approximately 35mm, a height of between approximately 50mm and approximately 80mm, and a width of between approximately 75mm and approximately 100mm, has no effect on any functions shown in the specification. One of ordinary skill in the art, furthermore, would have expected the cavity dimensions of Jenyon, and the cavity dimensions of the Applicant, to perform equally well because both features perform the same function of ensuring that each connectivity module can be properly fit and inserted into the cavity of the device.
Therefore, it would have been prima facie obvious to modify Bertinetti to obtain the invention as specified in claim 38 because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve desired cavity dimensions and a connection between the modules thus fails to patentably distinguish over the prior art of Kenyon.
Regarding claim 49, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon fails to explicitly disclose, wherein each of the modules has one or more of: a thickness of between approximately 15mm and approximately 35mm, a height of between approximately 50mm and approximately 80mm, and a width of between approximately 75mm and approximately 100mm.
However, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make the module a certain set of dimensions, in this case, wherein each of the modules has one or more of: a thickness of between approximately 15mm and approximately 35mm, a height of between approximately 50mm and approximately 80mm, and a width of between approximately 75mm and approximately 100mm in the Kenyon device because Applicant has not disclosed that the specific dimensions corresponding to the module provides an advantage, is used for a particular purpose, or solves a stated problem. The modules having one or more of: a thickness of between approximately 15mm and approximately 35mm, a height of between approximately 50mm and approximately 80mm, and a width of between approximately 75mm and approximately 100mm, has no effect on any functions shown in the specification. One of ordinary skill in the art, furthermore, would have expected the module dimensions of Kenyon, and the module dimensions of the Applicant, to perform equally well because both features perform the same function of ensuring that each connectivity module can be properly fit and inserted into the cavity of the device.
Therefore, it would have been prima facie obvious to modify Kenyon to obtain the invention as specified in claim 49 because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve a desired module dimension and a connection between the modules thus fails to patentably distinguish over the prior art of Kenyon
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Kenyon (US 20110017212 A1) as applied to claim 30, in view of Martin (US 20180236191 A1).
Regarding claim 40, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon further discloses, wherein the at least one electrical connector of the apparatus comprises at least one communication connector to facilitate the transfer of information to or from the apparatus (FIG. 30 shows the slot 83 open, exposing the edge connector 1082 and sliding connector at the rear of the flow generator PCB 81. The connectors 1082, 1082A comprise a plurality of electrical contacts for carrying data and/or power between the PCB and an external device as set forth in [0239]).
Kenyon is silent as to what type of connectors 1082, 1082A are, and therefore fails to explicitly disclose, wherein the at least one communication connector is selected from the group consisting of: D-subminiature connector; USB connector; and ethernet connector.
However, Martin teaches wherein the at least one electrical connector of the apparatus comprises at least one communication connector (Martin: FIG. 4C data connections 4047 set forth in [0176]) to facilitate the transfer of information to or from the apparatus (Martin: Set forth in [0176]), and wherein the at least one communication connector comprises any one or more communication connectors selected from the group consisting of: D-subminiature connector; USB connector; and ethernet connector (Martin: FIG. 4H Data communication interface 4280 may use wired communication via ethernet).
Kenyon and Martin are both considered to be analogous to the claimed invention because they are in the same field of Breathing assistance apparatuses. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kenyon to incorporate the teaching of Martin and include wherein the at least one electrical connector of the apparatus comprises at least one communication connector (Martin: FIG. 4C data connections 4047 set forth in [0176]) to facilitate the transfer of information to or from the apparatus (Martin: Set forth in [0176]), and wherein the at least one communication connector comprises an ethernet connector (Martin: FIG. 4H Data communication interface 4280 may use wired communication via ethernet). Doing so provides a communication connector, known in the art for the transfer of information, in the form of an ethernet connector, which allow for communications with digital devices such as computer networks, alarm systems, a pulse oximeter and digital recording media (Martin: Set forth in [0176]).
Alternatively, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make specific communication connector selected from the group consisting of: D-subminiature connector, USB connector, and ethernet connector in the device of Kenyon because Applicant has not disclosed that the specific communication connector provides an advantage, is used for a particular purpose, or solves a stated problem. Specifically, the specification states in paragraphs [0238]-[0239], “In forms of the technology where the RPT device 4000 includes communication connectors, it should be appreciated that these may consist of any suitable connector known in the art. For example, the communication connectors may comprise one or more electrical connector such as a D-subminiature connector (such as DB-9 or DE-9, etc.), a USB connector (such as USB type A, B or C connectors), an ethernet connector (such as an RJ-45 connector), or any suitable communication connector. It should be appreciated that the communication connectors may facilitate the transfer of information to or from the RPT device 4000 using any suitable communications protocol. For example information transfer may be achieved over RS-232, RS-485, SPI, IC, USB, CAN bus, ethernet, or any other suitable communications protocol, including proprietary protocols ”. One of ordinary skill in the art, furthermore, would have expected the communication connector of Kenyon, and Applicant' s communication connector, to perform equally well because both mechanisms perform the same function of facilitating the transfer of information to or from the RPT device.
Therefore, it would have been prima facie obvious to further modify Kenyon to obtain the invention as specified in claim 40, because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the desired transfer of information and thus fails to patentably distinguish over the prior art of Kenyon.
Claim 43 is rejected under 35 U.S.C. 103 as being unpatentable over Kenyon (US 20110017212 A1) as applied to claim 30, in view of Chen (US 20170049606 A1).
Regarding claim 43, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon fails to explicitly disclose the system, further comprising a protective cover configured to selectively cover the at least one electrical connector on the front side of each connectivity module.
However, Chen teaches a system, further comprising a protective cover (Chen: FIG. 1A Protective cover 600) configured to selectively cover the at least one electrical connector on the front side of each connectivity module (if the cover is properly covering the electrical connect, it is obvious that is would be on the front side of each module, where the electrical connector would be exposed).
Bertinetti and Chen are both considered to be analogous to the claimed invention because they are in the same field of Breathing assistance apparatuses. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bertinetti to incorporate the teaching of Chen and include a system, further comprising a protective cover (Chen: FIG. 1A Protective cover 600) configured to selectively cover the at least one electrical connector on the front side of each connectivity module (if the cover is properly covering the electrical connect, it is obvious that is would be on the front side of each module, where the electrical connector would be exposed). Doing so would protect the components within the protective cover (Chen : Set forth in [0049]).
Claim 45 is rejected under 35 U.S.C. 103 as being unpatentable over Kenyon (US 20110017212 A1) as applied to claim 44, in view of Chow (US 20190262568 A1).
Regarding claim 45, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 44 above.
Kenyon fails to explicitly disclose, wherein the shell is ultrasonically welded to the backplate.
However, Chow teaches wherein the shell (Chow: FIG. 4B-4D Housing 3208 set forth in [0186]) is ultrasonically welded (Chow: Set forth in [0186]) to the backplate (Chow: FIG. 4B-4D Wall 3404 set forth in [0186]).
Kenyon and Chow are both considered to be analogous to the claimed invention because they are in the same field of respiratory medical equipment. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kenyon to incorporate the teaching of Chow and include wherein the shell (Chow: FIG. 4B-4D Housing 3208 set forth in [0186]) is ultrasonically welded (Chow: Set forth in [0186]) to the backplate (Chow: FIG. 4B-4D Wall 3404 set forth in [0186]). Doing so would provide the non-releasable attachment of the two components (Chow: Set forth in [0186]).
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over Kenyon (US 20110017212 A1) as applied to claim 30, in view of Xiang (US 8371860 B2).
Regarding claim 45, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon discloses, wherein the at least one connector on the rear side of the second connectivity module comprises edge contacts (The element 1116c incorporates an electrical/data pathway to an electrical connector 1090 at its forward, inner surface (FIGS. 33 and 34) adapted to connect with all or selected ones of the contacts of the PCB connector 1082 for electrical and/or data transmission as set forth in [0241], the edge contacts can be seen in FIG. 33).
Kenyon is silent as to the inner surface of the first connectivity module and is silent as to what type of connector is between the apparatus and rear side connectors.
However, Xiang teaches a connector comprising edge contacts (Xiang: FIG. 2 Golden fingers 103 and 101).
Kenyon and Xiang are both considered to be analogous to the claimed invention because they are in the same field of electrical connectors. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kenyon to incorporate the teaching of Xiang and include, wherein the at least one connector on the rear side of each connectivity module comprises edge contacts (Xiang: FIG. 2 Golden fingers 103 and 101). Doing so would increase abrasion resistance and stability of the connector (Xiang: Set forth in column 1 lines 30-34).
Claims 47-48 are rejected under 35 U.S.C. 103 as being unpatentable over Kenyon (US 20110017212 A1) as applied to claim 30, in view of Bertinetti (US 20130239960 A1).
Regarding claim 47, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 30 above.
Kenyon is silent as to the internal composition of the closure elements and fails to explicitly disclose, wherein each of the connectivity modules further comprises an electronic printed circuit board (PCB).
However, Bertinetti teaches a removeable connectivity module with its own electronic printed circuit board and other various electronic components (Bertinetti: FIG. 7 Microcontroller 778, such as a processor, may also be included in the alarm module, set forth as a PCB in [0048], wherein in use, while a module including only the first PCB has the capability of providing certain therapies, the module will not do so, or will only permit a subset of such therapies, unless a second module containing the second PCB is in data communication with the first module, for example, by detecting the alarm module, different pressure treatment regimens that may be associated with a need for the alarm module may be activated by a controller of the flow generator, and The microcontroller 778 may also be coupled to a bus 782 for the system as previously discussed via a bus interface 784 for communication with other modules such as sending messages and receiving messages to the other modules, such as the flow generator module, concerning status of alarm conditions or status of the alarm module. Optionally, the microcontroller 778 may monitor power with a power detector 786 coupled with the bus 782. In the event that power supplied from the bus, such as from a power source associated with the flow generator module 104 is not sufficient as detected by the power detector 786, the components of the module may be supplied with power from an optional back power source 788 such as one or more rechargeable batteries or supercapacitors as set forth in [0067]).
Kenyon and Bertinetti are both considered to be analogous to the claimed invention because they are in the same field of electrical connectors. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the various removable closure element modules and the control of Kenyon via the PCB to incorporate the teaching of Bertinetti and include, wherein a removeable connectivity module has its own electronic printed circuit board and other various electronic components (Bertinetti: FIG. 7 Microcontroller 778, such as a processor, may also be included in the alarm module, set forth as a PCB in [0048], wherein in use, while a module including only the first PCB has the capability of providing certain therapies, the module will not do so, or will only permit a subset of such therapies, unless a second module containing the second PCB is in data communication with the first module, for example, by detecting the alarm module, different pressure treatment regimens that may be associated with a need for the alarm module may be activated by a controller of the flow generator, and the microcontroller 778 may also be coupled to a bus 782 for the system as previously discussed via a bus interface 784 for communication with other modules such as sending messages and receiving messages to the other modules, such as the flow generator module, concerning status of alarm conditions or status of the alarm module. Optionally, the microcontroller 778 may monitor power with a power detector 786 coupled with the bus 782. In the event that power supplied from the bus, such as from a power source associated with the flow generator module 104 is not sufficient as detected by the power detector 786, the components of the module may be supplied with power from an optional back power source 788 such as one or more rechargeable batteries or supercapacitors as set forth in [0067]). Doing so would allow for the connectivity modules to monitor the power supplied to the flow generator to ensure sufficient power is being supplied, as well as enable communication between the module and the flow generator (Bertinetti: As set forth in [0068])
Regarding claim 48, Kenyon discloses the claimed invention substantially as claimed as set forth for claim 47 above.
Kenyon as modified by Bertinetti further teaches, wherein the electronic PCB comprises one or more identification components which enable the apparatus to detect the respective connectivity module (Bertinetti: As set forth in [0051]).
Response to Arguments
Applicant’s arguments with respect to independent claim 30 and dependents claims 31-49 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. This is due to the amendments made to claim 30 that required further search and consideration of the new limitations, resulting in new prior art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEIRA EILEEN CALLISON whose telephone number is (571)272-0745. The examiner can normally be reached Monday-Friday 7:30-4:30.
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, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEIRA EILEEN CALLISON/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785
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