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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 8/27/2025 is acknowledged.
Priority
Acknowledgement is made to Applicant's claim to priority to PCT/AU2020/051417 filed 12/23/2020 and AU2019904930 filed 12/24/2019.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the chamber inlet port sealing portion and air inlet port sealing portion must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim 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.
Claim(s) 1-4, 24-25, 36-37, 40-41, 47, 69-71 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barclay et al. (US 20110100363 A1), hereafter Barclay.
Regarding claim 1, Barclay discloses an apparatus to change the absolute humidity of a flow of air for delivery to an entrance of the airways of a patient, the change being compared to the absolute humidity of ambient air (humidifier used in breathing systems to humidify gas being provided to a patient; par. 0001), the apparatus comprising: a reservoir configured to hold a volume of liquid (reservoir 410; Fig. 4-5, par. 0023); a heating element to create vapour from the liquid (heater 700 to facilitate evaporation; Fig. 1, par. 0030); a chamber to mix the flow of air with the vapour (humidification chamber 400; Fig. 1-8, par. 0018); a body (lower portion of the housing of the humidification chamber 400; Fig. 2-6), the body comprising a first wall structure (walls of the housing of the humidification chamber 400; Fig. 2-6), the first wall structure comprising an upright body wall (walls of the housing of the humidification chamber are upright as seen in Fig. 6), wherein the upright body wall is in a substantially upright orientation when the apparatus is in an intended working orientation (Fig. 6 shows the system in an intended working orientation, as opposed to the upside-down orientation in Fig. 7), the upright body wall comprising a chamber inlet port (humidification chamber fluid inlet 420; Fig. 4-6, par. 0023); a closure element (liquid trap 200; Fig. 1-5, 7-8) comprising an air inlet port (fluid outlet 230) for pneumatically connecting to a source of the flow of air (fluid outlet 230 connects to PAP machine’s gas outlet 30 via inlet 220 of liquid trap 200; Fig. 1, par. 0028); wherein the closure element is secured to the body to provide a sealed gas flow path between the air inlet port and the chamber inlet port (liquid trap 200 is secured to humidification chamber 400 in fluid communication; Fig. 2-7, par. 0026), and a liquid trap in the gas flow path (liquid trap’s chamber 210; Fig. 3-5, 7-8), wherein the upright body wall forms part of the sealed gas flow path (walls of the housing form humidification chamber fluid inlet 420 which forms part of the sealed gas flow path; Fig. 4-5).
Regarding claim 2, Barclay discloses the apparatus of claim 1 (shown above), wherein the first wall structure comprises a chamber inlet port sealing portion surrounding the chamber inlet port and extending towards the closure element (mating end of fluid inlet 420 of humidification chamber 400 extends toward liquid trap 200; Fig. 5, par. 0026).
Regarding claim 3, Barclay discloses the apparatus of claim 2 (shown above), wherein the chamber inlet port sealing portion comprises a first peripheral wall (mating end of fluid inlet 420 has a peripheral wall; Fig. 4-6).
Regarding claim 4, Barclay discloses the apparatus of claim 1 (shown above), wherein the closure element comprises an air inlet port sealing portion surrounding the air inlet port and extending towards the first wall structure (mating end of fluid outlet 230 extends towards wall of humidification chamber 400; Fig. 5, par. 0026).
Regarding claim 24, Barclay discloses the apparatus of claim 1 (shown above), wherein the first wall structure and the closure element are generally upright when the apparatus is in the intended working orientation (Figs. 4-6, and 8 show wall of humidification chamber 400 and liquid trap 200 are upright when the apparatus is in intended working orientation as opposed to the upside-down orientation shown in Fig. 7).
Regarding claim 25, Barclay discloses the apparatus of claim 1 (shown above), wherein when the apparatus is in an intended working orientation, a lowest point of the chamber inlet port is one or more of: inferior to a lowest point of the air inlet port, and superior to an intended liquid fill level of the chamber (lowest point of humidification chamber fluid inlet 420 is superior to an intended liquid fill level 450 of the chamber to prevent overfilling; Fig. 6, par. 0032).
Regarding claim 36, Barclay discloses the apparatus of claim 1 (shown above), wherein the liquid trap comprises a lateral portion (left-side portion of liquid trap chamber 210 as seen in Fig. 5).
Regarding claim 37, Barclay discloses the apparatus of claim 36 (shown above), wherein a height of the lateral portion is less than a greatest height of the liquid trap (height of the left-side portion of the liquid trap chamber 210 is less than the greatest height which is at the right side of the liquid trap chamber 210 as seen in Fig. 5).
Regarding claim 40, Barclay discloses the apparatus of claim 1 (shown above), comprising an inverted receptacle provided to a superior portion of the chamber inlet port when the apparatus is in an intended working orientation (upper portion of the housing of the humidification chamber 400 forms an inverted receptacle superior to the chamber inlet port 420; Fig. 4-6).
Regarding claim 41, Barclay discloses the apparatus of claim 40 (shown above), wherein the inverted receptacle extends from the body towards the closure element (upper portion of the housing of the humidification chamber 400 extends from the lower portion of the housing of the humidification chamber 400 towards the closure element 200; Fig. 4-5).
Regarding claim 47, Barclay discloses the apparatus of claim 1 (shown above), comprising an interior trap wall (Fig. B, annotated below) extending from the closure element (liquid trap 200) towards the chamber inlet port (420) and surrounding the air inlet port (230).
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Fig. B, adapted from Fig. 4 of Barclay
Regarding claim 69, Barclay discloses the apparatus of claim 1 (shown above), wherein the closure element (200) is configured to interact with a secondary closure element to provide the liquid trap (liquid trap 200 interacts with tubing 60; Fig. 1, par. 0015).
Regarding claim 70, Barclay discloses the apparatus of claim 69 (shown above), wherein the secondary closure element comprises at least the air inlet port for pneumatically connecting to a source of the flow of air (tubing 60 connected to fluid inlet 40/220; Fig. 1, par. 0015).
Regarding claim 71, Barclay discloses the apparatus of claim 69 (shown above), wherein the secondary closure element (60) is one or more of: a component of a device configured to provide the source of the flow of air; a component of a Positive Airway Pressure generator configured to be connected to the apparatus; and configured to act as an interface between the apparatus and a device configured to provide the source of the flow of air (tubing 60 connects to flow generator 20; Fig. 1, par. 0015).
Claim(s) 1-3, 24-25, 36-37, 40-41, 69-71, and 78 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by an alternative interpretation of Barclay, hereafter Barclay2.
Regarding claim 1, Barclay2 discloses an apparatus to change the absolute humidity of a flow of air for delivery to an entrance of the airways of a patient, the change being compared to the absolute humidity of ambient air (humidifier used in breathing systems to humidify gas being provided to a patient; par. 0001), the apparatus comprising: a reservoir configured to hold a volume of liquid (reservoir 410; Fig. 4-5, par. 0023); a heating element to create vapour from the liquid (heater 700 to facilitate evaporation; Fig. 1, par. 0030); a chamber to mix the flow of air with the vapour (humidification chamber 400; Fig. 1-8, par. 0018); a body (lower portion of the housing of the humidification chamber 400; Fig. 2-6), the body comprising a first wall structure (walls of the housing of the humidification chamber 400; Fig. 2-6), the first wall structure comprising an upright body wall (walls of the housing of the humidification chamber are upright as seen in Fig. 6), wherein the upright body wall is in a substantially upright orientation when the apparatus is in an intended working orientation (Fig. 6 shows the system in an intended working orientation, as opposed to the upside-down orientation in Fig. 7), the upright body wall comprising a chamber inlet port (humidification chamber fluid inlet 420; Fig. 4-6, par. 0023); a closure element (liquid trap 200; Fig. 1-5, 7-8) comprising an air inlet port (fluid inlet 220) for pneumatically connecting to a source of the flow of air (fluid inlet 220 connects to PAP machine’s gas outlet 30; Fig. 1, par. 0028); wherein the closure element is secured to the body to provide a sealed gas flow path between the air inlet port and the chamber inlet port (liquid trap 200 is secured to humidification chamber 400 in fluid communication; Fig. 2-7, par. 0026), and a liquid trap in the gas flow path (liquid trap’s chamber 210; Fig. 3-5, 7-8), wherein the upright body wall forms part of the sealed gas flow path (walls of the housing form humidification chamber fluid inlet 420 which forms part of the sealed gas flow path; Fig. 4-5).
Regarding claim 2, Barclay2 discloses the apparatus of claim 1 (shown above), wherein the first wall structure comprises a chamber inlet port sealing portion surrounding the chamber inlet port and extending towards the closure element (mating end of fluid inlet 420 of humidification chamber 400 extends toward liquid trap 200; Fig. 5, par. 0026).
Regarding claim 3, Barclay2 discloses the apparatus of claim 2 (shown above), wherein the chamber inlet port sealing portion comprises a first peripheral wall (mating end of fluid inlet 420 has a peripheral wall; Fig. 4-6).
Regarding claim 24, Barclay2 discloses the apparatus of claim 1 (shown above), wherein the first wall structure and the closure element are generally upright when the apparatus is in the intended working orientation (Figs. 4-6, and 8 show wall of humidification chamber 400 and liquid trap 200 are upright when the apparatus is in intended working orientation as opposed to the upside-down orientation shown in Fig. 7).
Regarding claim 25, Barclay2 discloses the apparatus of claim 1 (shown above), wherein when the apparatus is in an intended working orientation, a lowest point of the chamber inlet port is one or more of: inferior to a lowest point of the air inlet port, and superior to an intended liquid fill level of the chamber (lowest point of humidification chamber fluid inlet 420 is superior to an intended liquid fill level 450 of the chamber to prevent overfilling; Fig. 6, par. 0032).
Regarding claim 36, Barclay2 discloses the apparatus of claim 1 (shown above), wherein the liquid trap comprises a lateral portion (left-side portion of liquid trap chamber 210 as seen in Fig. 5).
Regarding claim 37, Barclay2 discloses the apparatus of claim 36 (shown above), wherein a height of the lateral portion is less than a greatest height of the liquid trap (height of the left-side portion of the liquid trap chamber 210 is less than the greatest height which is at the right side of the liquid trap chamber 210 as seen in Fig. 5).
Regarding claim 40, Barclay2 discloses the apparatus of claim 1 (shown above), comprising an inverted receptacle provided to a superior portion of the chamber inlet port when the apparatus is in an intended working orientation (upper portion of the housing of the humidification chamber 400 forms an inverted receptacle superior to the chamber inlet port 420; Fig. 4-6).
Regarding claim 41, Barclay2 discloses the apparatus of claim 40 (shown above), wherein the inverted receptacle extends from the body towards the closure element (upper portion of the housing of the humidification chamber 400 extends from the lower portion of the housing of the humidification chamber 400 towards the closure element 200; Fig. 4-5).
Regarding claim 69, Barclay2 discloses the apparatus of claim 1 (shown above), wherein the closure element (200) is configured to interact with a secondary closure element to provide the liquid trap (liquid trap 200 interacts with tubing 60; Fig. 1, par. 0015).
Regarding claim 70, Barclay2 discloses the apparatus of claim 69 (shown above), wherein the secondary closure element comprises at least the air inlet port for pneumatically connecting to a source of the flow of air (tubing 60 connected to fluid inlet 40/220; Fig. 1, par. 0015).
Regarding claim 71, Barclay2 discloses the apparatus of claim 69 (shown above), wherein the secondary closure element (60) is one or more of: a component of a device configured to provide the source of the flow of air; a component of a Positive Airway Pressure generator configured to be connected to the apparatus; and configured to act as an interface between the apparatus and a device configured to provide the source of the flow of air (tubing 60 connects to flow generator 20; Fig. 1, par. 0015).
Regarding claim 78, Barclay2 discloses the apparatus of claim 1 (shown above), wherein a centre of the chamber inlet port is at least one of: laterally offset from a centre of the air inlet port (center of chamber inlet port 420 and air inlet port 220 are laterally offset; Fig. 8), and inferior to a centre of the air inlet port.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barclay in view of Bath et al. (WO 2015089582 A1), hereafter Bath.
Regarding claim 10, Barclay discloses the apparatus of claim 2 (shown above), comprising a seal (mating portions of fluid outlet 230 and fluid inlet 420 provide a seal; par. 0026), wherein the closure element comprises an air inlet port sealing portion surrounding the air inlet port and extending towards the first wall structure (mating end of fluid outlet 230 extends towards wall of humidification chamber 400; Fig. 5, par. 0026), and wherein the seal comprises a liquid trap portion positioned between the chamber inlet port sealing portion and the air inlet port sealing portion (Fig. A, annotated below shows a liquid trap portion; the undulations illustrated on the liquid trap portion would be fully capable of holding/trapping water).
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Fig. A, adapted from Fig. 4 of Barclay
Barclay does not disclose that the seal is a resilient seal.
Bath teaches a seal between inlets that is a resilient seal (resilient inlet insert 4020ii located between inlet 4020in and inlet 4002; Fig. 11h, par. 0298) for the purpose of resiliently conforming to allow for axial or radial misalignment between the inlets while reducing mechanical load or stress (par. 0298).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the seal of Barclay to be resilient as taught by Bath for the purpose of resiliently conforming to allow for axial or radial misalignment between the inlets while reducing mechanical load or stress (Bath par. 0298).
Regarding claim 12, Barclay discloses the apparatus of claim 2 (shown above), comprising a seal (mating portion of fluid outlet 230 and fluid inlet 420 provide a seal; par. 0026), wherein the closure element comprises an air inlet port sealing portion surrounding the air inlet port and extending towards the first wall structure (mating end of fluid outlet 230 extends towards wall of humidification chamber 400; Fig. 5, par. 0026), and wherein the seal comprises a liquid trap portion provided on a rim of the air inlet port sealing portion (Fig. A, annotated above shows a liquid trap portion; the undulations illustrated on the liquid trap portion would be fully capable of holding/trapping water) and configured to seal against the chamber inlet port sealing portion (mating portions provide at least a partial seal between liquid trap 200 and humidification chamber 400 at fluid inlet 420; par. 0026).
Barclay does not disclose that the seal is a resilient seal.
Bath teaches a seal between inlets that is a resilient seal (resilient inlet insert 4020ii located between inlet 4020in and inlet 4002; Fig. 11h, par. 0298) for the purpose of resiliently conforming to allow for axial or radial misalignment between the inlets while reducing mechanical load or stress (par. 0298).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the seal of Barclay to be resilient as taught by Bath for the purpose of resiliently conforming to allow for axial or radial misalignment between the inlets while reducing mechanical load or stress (Bath par. 0298).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barclay in view of Wang et al. (US 20160206847 A1), hereafter Wang.
Regarding claim 29, Barclay discloses the apparatus of claim 1 (shown above), wherein the liquid trap is configured to trap a volume of liquid at least 1/20, 1/10, 1/8, 1/5, 1/4, 1/3. 1/2, 2/3, and/or 3/4 as large as the liquid capacity of the humidification chamber to ensure that the liquid trap can trap all of the liquid entering it (par. 0036).
Barclay does not explicitly disclose a volume of liquid of one of: between about 5 ml to about 100 ml, between about 10 ml to about 80 ml, between about 30 ml to about 80 ml, and about 60 ml.
Wang teaches a respirator with humidifier (par. 0002) having a liquid trap (backflow tank 54; Fig. 9) configured to trap a volume of liquid of 35 mL (par. 0038). Wang teaches that a volume of 35 mL can be sufficient to ensure the liquid trap can completely accommodate water spilled from the humidifier chamber (par. 0038).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the liquid trap of Barclay to have a volume of 35 mL as taught by Wang for the purpose of completely accommodating water spilled from the humidifier chamber (Wang par. 0038).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barclay2 in view of Wang.
Regarding claim 29, Barclay2 discloses the apparatus of claim 1 (shown above), wherein the liquid trap is configured to trap a volume of liquid at least 1/20, 1/10, 1/8, 1/5, 1/4, 1/3. 1/2, 2/3, and/or 3/4 as large as the liquid capacity of the humidification chamber to ensure that the liquid trap can trap all of the liquid entering it (par. 0036).
Barclay2 does not explicitly disclose a volume of liquid of one of: between about 5 ml to about 100 ml, between about 10 ml to about 80 ml, between about 30 ml to about 80 ml, and about 60 ml.
Wang teaches a respirator with humidifier (par. 0002) having a liquid trap (backflow tank 54; Fig. 9) configured to trap a volume of liquid of 35 mL (par. 0038). Wang teaches that a volume of 35 mL can be sufficient to ensure the liquid trap can completely accommodate water spilled from the humidifier chamber (par. 0038).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the liquid trap of Barclay2 to have a volume of 35 mL as taught by Wang for the purpose of completely accommodating water spilled from the humidifier chamber (Wang par. 0038).
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barclay in view of Higginbotham (US 20170049987 A1).
Regarding claim 38, Barclay discloses the apparatus of claim 36 (shown above).
Barclay does not disclose wherein the lateral portion of the liquid trap is configured such that liquid drains from the lateral portion into an inferior portion of the liquid trap.
Higginbotham discloses a liquid trap assembly for a respiratory device (par. 0002) wherein the liquid trap is configured such that liquid drains from a lateral portion into an inferior portion of the liquid trap (walls 114 are slanted to encourage accumulated water to flow towards receptacle 120 for draining; Fig. 1A, 2B) for the purpose of draining the liquid in the liquid trap to properly maintain function of the breathing system and prevent microbial contamination (par. 0005).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Barclay such that liquid drains from the lateral portion to an inferior portion of the liquid trap as taught by Higginbotham for the purpose of draining the liquid in the liquid trap to properly maintain function of the breathing system and prevent microbial contamination (Higginbotham par. 0005).
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barclay2 in view of Higginbotham.
Regarding claim 38, Barclay2 discloses the apparatus of claim 36 (shown above).
Barclay2 does not disclose wherein the lateral portion of the liquid trap is configured such that liquid drains from the lateral portion into an inferior portion of the liquid trap.
Higginbotham discloses a liquid trap assembly for a respiratory device (par. 0002) wherein the liquid trap is configured such that liquid drains from a lateral portion into an inferior portion of the liquid trap (walls 114 are slanted to encourage accumulated water to flow towards receptacle 120 for draining; Fig. 1A, 2B) for the purpose of draining the liquid in the liquid trap to properly maintain function of the breathing system and prevent microbial contamination (par. 0005).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Barclay2 such that liquid drains from the lateral portion to an inferior portion of the liquid trap as taught by Higginbotham for the purpose of draining the liquid in the liquid trap to properly maintain function of the breathing system and prevent microbial contamination (Higginbotham par. 0005).
Claim(s) 51-52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barclay in view of Lebatteur (FR 3081713 A1, machine translation accessed 12/29/2025 relied upon herein).
Regarding claim 51, Barclay discloses the apparatus of claim 1 (shown above).
Barclay does not disclose a baffle portion positioned between the air inlet port and the chamber inlet port.
Lebatteur teaches a ventilator humidifier assembly (par. 0001, ln 1-3) comprising a baffle portion (water deflector wall 9; Fig. 1) positioned between an air inlet port (gas duct 2; Fig. 1) and the chamber inlet port (gas circuit 10 which enters chamber 4; Fig. 1) for the purpose of dissipating the energy of splashing water as a first obstacle to prevent it from spreading into the electronic components of the fan (pg. 4 ln 25-pg. 5 ln 3, pg. 5 ln 17-26).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Barclay to comprise a baffle portion as taught by Lebatteur for the purpose of dissipating the energy of splashing water as a first obstacle to prevent it from spreading into the electronic components of the fan (Lebatteur pg. 4 ln 25-pg. 5 ln 3, pg. 5 ln 17-26).
Regarding claim 52, the modified Barclay discloses the apparatus of claim 51 (shown above), wherein the baffle portion is configured to direct liquid flowing from the chamber inlet port in a radial direction (water from the tank 4 breaks on the deflector wall 9; pg. 4 ln 34-pg. 5 ln 3).
Claim(s) 59 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barclay in view of Smith (US 20130174843 A1).
Regarding claim 59, Barclay discloses the apparatus of claim 1 (shown above).
Barclay does not disclose at least one liquid trap partition providing a plurality of liquid trap catchments within the liquid trap.
Smith discloses a humidifier (par. 0006) with at least one liquid trap partition (grid pattern 128; Fig. 22-27) providing a plurality of liquid trap catchments (grids 130; Fig. 27) for the purpose of providing tolerance to tipping by locally containing water within a grid (par. 0131).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Barclay to comprising liquid trap partitions as taught by Smith for the purpose of providing increased tolerance to tipping (Smith par. 0131).
Claim(s) 59 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barclay2 in view of Smith.
Regarding claim 59, Barclay2 discloses the apparatus of claim 1 (shown above).
Barclay2 does not disclose at least one liquid trap partition providing a plurality of liquid trap catchments within the liquid trap.
Smith discloses a humidifier (par. 0006) with at least one liquid trap partition (grid pattern 128; Fig. 22-27) providing a plurality of liquid trap catchments (grids 130; Fig. 27) for the purpose of providing tolerance to tipping by locally containing water within a grid (par. 0131).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Barclay2 to comprising liquid trap partitions as taught by Smith for the purpose of providing increased tolerance to tipping (Smith par. 0131).
Allowable Subject Matter
Claims 33-34, 60, and 64 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 33, and dependent claim 34, the subject matter that was not found was the liquid trap comprising a superior portion provided above the chamber. Lebatteur discloses a liquid trap located above a chamber (water retention chamber 8 located above water tank 4; Fig. 1). However, it would not have been obvious to modify the apparatus of Barclay to located the liquid trap superior to the chamber since the chamber inlet port of Barclay is located in an upright body wall.
Regarding claim 60, and dependent claim 64, the subject matter that was not found was a second liquid trap catchment inferior to a first liquid trap catchment when the apparatus is in an inverted from intended working orientation. Barclay teaches a first liquid trap catchment inferior to the chamber inlet port in an inverted from intended working orientation (liquid trap catchment at 260; Fig. 7), but does not teach a second liquid trap catchment inferior to the first. There was no teaching or motivation found in the prior art to make this modification.
Conclusion
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/K.R./Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785