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 Claims
This Office Action is in response to the remarks and amendments filed on November 5th, 2025. No claims have been canceled as such claims 1-20 are pending consideration in this Office Action.
Response to Amendment
The objections to the drawings are withdrawn in light of the amendments.
The objections to the claims are withdrawn in light of the amendments.
The rejections pursuant to 112(b) with respect to claims 4-9 and 14-20 are withdrawn in light of the amendments.
Claim Objections
Claims 4, 17, and 19 are objected to because of the following informalities:
Claims 4, 17, and 19; lines 1-2, it is recommended to change “wherein the noise reducing structure comprises a second micropore plate, the second micropore plate” with “wherein the second micropore plate” as claims 1 and 10 have been amended to include “wherein the noise reducing structure comprises a second micropore plate”
Claims 4, lines 5-6, it is recommended to change “and the second micropore plate is provided with a plurality of second micro-through holes communicating” with “and the plurality of second micro-through holes of the second micropore plate communicating”
Claim 17, lines 4-5, it is recommended to change “and the second micropore plate is provided with a plurality of second micro-through holes communicate” with “and the plurality of second micro-through holes of the second micropore plate communicating”
Claim 19, lines 5-6, it is recommended to change “and the second micropore plate is provided with a plurality of second micro-through holes communicate” with “and the plurality of second micro-through holes of the second micropore plate communicating”
Appropriate correction is required.
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.
(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.
Claims 1, 6, 7, 10-12, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lathrop (US 7789194).
Regarding claim 1, Lathrop discloses
a noise reducing structure (Figs. 19-20; silencer 10; Col. 6, Lines 15-22) for a ventilation-treatment device (Figs. 19-20; blower device 12 configured as a CPAP device; Col. 6, Lines 15-22; silencer may be used in a variety of other ventilation systems),
wherein the noise reducing structure (Figs. 19-20; silencer 10; Col. 6, Lines 15-22) comprises a first micropore plate (see modified Fig. 19; perforated plate 84; Col. 6, Lines 15-22),
the first microplate (see modified Fig. 19 below; perforated plate 84; Col. 6, Lines 15-22) is provided with a first plate surface (Fig. 11 and see modified Fig. 19 below; back face 90 of plate 84; Col. 10, Lines 54-59 and Col. 16, Lines 51-59; face of the perforated plate that is facing the porous material 94) and a second plate surface (Fig. 11 and see modified Fig. 19 below; front face 88 of plate 84; Col. 10, Lines 54-59 and Col. 16, Lines 51-59; face of the perforated plate facing the flow path 34) which are opposite to each other (see modified Figs. 19 and 20 below),
PNG
media_image1.png
488
624
media_image1.png
Greyscale
the first plate surface (Fig. 11 and see modified Fig. 19 above; back face 90 of plate 84; Col. 10, Lines 54-59 and Col. 16, Lines 51-59; face of the perforated plate that is facing the porous material 94) is configured for forming a first chamber (see modified Fig. 19 above),
the second plate surface (Fig. 11 and see modified Fig. 20 below; front face 88 of plate 84; Col. 10, Lines 54-59 and Col. 16, Lines 51-59; face of the perforated plate facing the flow path 34) is for forming an air passage (see modified Fig. 20 below; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17), to allow gas inside the air passage (pressurized gas to be delivered to a patient; Col. 16, Line 37-50) to flow along the second plate surface (see modified Fig. 20 below), and
PNG
media_image2.png
459
618
media_image2.png
Greyscale
the first micropore plate (Figs. 19-20; perforated plate 84; Col. 6, Lines 15-22) is provided with a plurality of first micro-through holes (Figs. 19-20; plurality of apertures 86; Col. 10, Lines 34-49) communicate with the first chamber (see modified Figs. 19 and 20 above) and the air passage (see modified Fig. 20 above; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17);
wherein the noise reducing structure (Figs. 19-20; silencer 10; Col. 6, Lines 15-22) comprises a second micropore plate (see modified Fig. 19 (1) below; other/second perforated plate 84; Col. 6, Lines 15-22),
the second micropore plate (see modified Fig. 19 (1) below; other perforated plate 84; Col. 6, Lines 15-22) is provided with a plurality of second micro-through holes (Figs. 19-20; plurality of apertures; Col. 10, Lines 34-49) communicate with the air passage (see modified Fig. 20 (1) below; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17);
PNG
media_image3.png
442
481
media_image3.png
Greyscale
PNG
media_image4.png
349
568
media_image4.png
Greyscale
wherein the first micropore plate (see modified Fig. 19 (1) above; perforated plate 84; Col. 6, Lines 15-22) and the second micropore plate (see modified Fig. 19 (1) above; other perforated plate 84; Col. 6, Lines 15-22) are installed to cooperatively seal the air passage (see modified Fig. 20 below; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17) circumferentially (see modified Fig. 20 (1) above; the perforated plates seal the circumference of at least part of the flow path), and a gas inlet (Figs. 19-20; inlet 30; Paragraph 0050, Lines 1-9) and a gas outlet (Figs. 19-20; outlet 32; Paragraph 0081, Lines 1-8) which communicate with the air passage (see modified Fig. 20 (1) above; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17) are formed at two opposite ends (see modified Figs. 19 (1) and 20 (1) above).
Regarding claim 6, Lathrop further discloses
the noise reducing structure (silencer 10) according to claim 1,
wherein the second micropore plate (see modified Fig. 19 (1) above; other/second perforated plate 84; Col. 6, Lines 15-22) is positioned on a side of the second plate surface (Fig. 11 and see modified Fig. 20 (1) above; front face 88 of plate 84; Col. 10, Lines 54-59 and Col. 16, Lines 51-59; face of the perforated plate facing the flow path 34) of the first micropore plate (see modified Fig. 19 (1) above; perforated plate 84; Col. 6, Lines 15-22) ,
to form the air passage (see modified Fig. 20 (1) above; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17) together with the second plate surface (Fig. 11 and see modified Fig. 20 (1) above; front face 88 of plate 84; Col. 10, Lines 54-59 and Col. 16, Lines 51-59; face of the perforated plate facing the flow path 34).
Regarding claim 7, Lathrop further discloses
the noise reducing structure (silencer 10) according to claim 6,
wherein, the noise reducing structure (Figs. 19-20; silencer 10; Col. 6, Lines 15-22) comprises a second back plate (see modified Figs. 19 and 20 below),
the second back plate (see modified Figs. 19 and 20 below) is positioned on one side of the second micropore plate (Fig. 11 and see modified Fig. 19 ; back face 90 of plate 84; Col. 10, Lines 54-59 and Col. 16, Lines 51-59; back face of the other perforated plate that is facing the porous material 94) that is away from the first micropore plate (see modified Fig. 19 below; perforated plate 84; Col. 6, Lines 15-22), to form a second chamber (see modified Fig. 19 below) between the second micropore plate (see modified Fig. 19 below; other perforated plate 84; Col. 6, Lines 15-22) and the second back plate (see modified Figs. 19 and 20 below), and
the second chamber (see modified Figs. 19 and 20 below) communicates with the air passage (see modified Fig. 20 in claim 6; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17) via the second micro-through holes (Figs. 19-20; plurality of apertures 86 of the other perforated plate 84; Col. 10, Lines 34-49).
PNG
media_image5.png
560
694
media_image5.png
Greyscale
PNG
media_image6.png
579
853
media_image6.png
Greyscale
Regarding claim 10, Lathrop discloses
a ventilation-treatment device (Figs. 19-20; blower device 12 configured as a CPAP device; Col. 6, Lines 15-22; silencer may be used in a variety of other ventilation systems),
wherein the ventilation-treatment device (Figs. 19-20; blower device 12 configured as a CPAP device; Col. 6, Lines 15-22; silencer may be used in a variety of other ventilation systems) comprises the noise reducing structure (Figs. 19-20; silencer 10; Col. 6, Lines 15-22), wherein the noise reducing structure (Figs. 19-20; silencer 10; Col. 6, Lines 15-22) comprises a first micropore plate (See modified Fig. 19 below; perforated plate 84; Col. 6, Lines 15-22),
the first micropore plate (see modified Fig. 19 below; perforated plate 84; Col. 6, Lines 15-22) is provided with a first plate surface (Figs. 8-11 and see modified Fig. 19 below; back face 90 of plate 84; Col. 10, Lines 54-59 and Col. 16, Lines 51-59; face of the perforated plate that is facing the porous material 94) and a second plate surface (Figs. 8-11 and see modified Fig. 19 below; front face 88 of plate 84; Col. 10, Lines 54-59 and Col. 16, Lines 51-59; face of the perforated plate facing the flow path 34) which are opposite to each other (see modified Fig. 19 below),
PNG
media_image1.png
488
624
media_image1.png
Greyscale
the first plate surface (Figs. 8-11 and see modified Fig. 19 below; back face 90 of plate 84; Col. 10, Lines 54-59 and Col. 16, Lines 51-59; face of the perforated plate that is facing the porous material 94) is configured for forming a first chamber (see modified Fig. 19 above),
the second plate surface (Figs. 8-11 and see modified Fig. 20 below; front face 88 of plate 84; Col. 10, Lines 54-59 and Col. 16, Lines 51-59; face of the perforated plate facing the flow path 34) is for forming an air passage (see modified Fig. 20 below; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17), to allow gas inside the air passage (pressurized gas to be delivered to a patient; Col. 16, Line 37-50) to flow along the second plate surface (see modified Fig. 20 below), and
PNG
media_image2.png
459
618
media_image2.png
Greyscale
the first micropore plate (Figs. 19-20; perforated plate 84; Col. 6, Lines 15-22) is provided with a plurality of first micro-through holes (Figs. 19-20; plurality of apertures 86; Col. 10, Lines 34-49) communicate with the first chamber (see modified Figs. 19 and 20 above) and the air passage (see modified Figs. 19 and 20 above; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17);
wherein the noise reducing structure (Figs. 19-20; silencer 10; Col. 6, Lines 15-22) comprises a second micropore plate (see modified Fig. 19 (1) below; other/second perforated plate 84; Col. 6, Lines 15-22),
the second micropore plate (see modified Fig. 19 (1) below; other perforated plate 84; Col. 6, Lines 15-22) is provided with a plurality of second micro-through holes (Figs. 19-20; plurality of apertures; Col. 10, Lines 34-49) communicate with the air passage (see modified Fig. 20 (1) below; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17);
PNG
media_image3.png
442
481
media_image3.png
Greyscale
PNG
media_image4.png
349
568
media_image4.png
Greyscale
wherein the first micropore plate (see modified Fig. 19 (1) above; perforated plate 84; Col. 6, Lines 15-22) and the second micropore plate (see modified Fig. 19 (1) above; other perforated plate 84; Col. 6, Lines 15-22) are installed to cooperatively seal the air passage (see modified Fig. 20 below; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17) circumferentially (see modified Fig. 20 (1) above; the perforated plates seal the circumference of at least part of the flow path), and a gas inlet (Figs. 19-20; inlet 30; Paragraph 0050, Lines 1-9) and a gas outlet (Figs. 19-20; outlet 32; Paragraph 0081, Lines 1-8) which communicate with the air passage (see modified Fig. 20 (1) above; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17) are formed at two opposite ends (see modified Figs. 19 (1) and 20 (1) above).
Regarding claim 11, Lathrop further discloses
the ventilation-treatment device (blower device 12 configured as a CPAP device) according to claim 10,
wherein the ventilation-treatment device (Figs. 19-20; blower device 12 configured as a CPAP device; Col. 6, Lines 15-22; silencer may be used in a variety of other ventilation systems) comprises
a ventilating tube assembly (Figs. 17 and 20; reactive tubes 72; Col. 14, Lines 34-37 and Col. 15, lines 11-15; air flowing through the blower device enters the tubing) and a fan (Figs. 17-18; blower unit 14; Col. 15, Lines 60-66),
a gas-inlet port (see modified Fig. 20 below) of the ventilating tube assembly (Figs. 17 and 20; reactive tubes 72; Col. 14, Lines 34-37 and Col. 15, lines 11-15) communicates with a gas outlet of the fan (Figs. 5 and 17-18; blower outlet 20; Col. 12, Lines 1-6), and
the air passage (see modified Fig. 20 below; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17) communicates with a gas inlet of the fan (Figs. 5 and 17-18; blower inlet 18; Col. 12, Lines 18-23).
PNG
media_image7.png
586
942
media_image7.png
Greyscale
Regarding claim 12, Lathrop further discloses
the ventilation-treatment device (blower device 12 configured as a CPAP device) according to claim 11,
wherein the ventilation-treatment device (Figs. 19-20; blower device 12 configured as a CPAP device; Col. 6, Lines 15-22; silencer may be used in a variety of other ventilation systems) comprises
a housing assembly (Figs. 17-20; housing assembly 28; Col. 8, Lines 4-7 and Col. 12, Lines 1-12), the housing assembly (Figs. 17-20; housing assembly 28; Col. 8, Lines 4-7 and Col. 12, Lines 1-12) comprises
a cavity (Figs. 17-20; inlet chamber 48, acoustic chamber 50, and blower chamber 62; Col. 8, Lines 4-7; Col. 12, Lines 1-12 and Col. 14, lines 11-25), and
a gas inlet (Figs. 17-20; inlet 30; Col. 7, Lines 26-27) and a gas outlet (Figs. 17-20; outlet 32; Col. 7, Lines 26-27) that communicate with the cavity (Figs. 17-20; inlet chamber 48, acoustic chamber 50, and blower chamber 62; Col. 8, Lines 4-7; Col. 12, Lines 1-12 and Col. 14, lines 11-25),
the noise reducing structure (Figs. 19-20; silencer 10; Col. 6, Lines 15-22), the ventilating tube assembly (Figs. 17 and 20; reactive tubes 72; Col. 14, Lines 34-37 and Col. 15, lines 11-15) and the fan (Figs. 17-18; blower unit 14; Col. 15, Lines 60-66) are disposed inside the cavity (Figs. 17-20; inlet chamber 48, acoustic chamber 50, and blower chamber 62; Col. 8, Lines 4-7; Col. 12, Lines 1-12 and Col. 14, lines 11-25),
the air passage (see modified Fig. 20 below; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17) communicates with the gas inlet of the housing assembly (Figs. 17-20; inlet 30; Col. 7, Lines 26-27) and the gas inlet of the fan (Figs. 5 and 17-18; blower inlet 18; Col. 7. Lines 28-31 and Col. 12, Lines 18-23), and
a gas-outlet port (see modified Fig. 20 below) of the ventilating tube assembly (Figs. 17 and 20; reactive tubes 72; Col. 14, Lines 34-37 and Col. 15, lines 11-15) communicates with the gas outlet of the housing assembly (Figs. 17-20; outlet 32; Col. 7, Lines 26-27).
PNG
media_image8.png
584
942
media_image8.png
Greyscale
Regarding claim 17, Lathrop further discloses
the ventilation-treatment device (blower device 12 configured as a CPAP device) according to claim 10,
wherein the noise reducing structure (Figs. 19-20; silencer 10; Col. 6, Lines 15-22) comprises a second micropore plate (see modified Fig. 19 below; other perforated plate 84; Col. 6, Lines 15-22),
the second micropore plate (see modified Fig. 19 below; other perforated plate 84; Col. 6, Lines 15-22) is stacked at intervals on a side of the second plate surface (Fig. 11 and see modified Fig. 20 below; front face 88 of plate 84; Col. 10, Lines 54-59 and Col. 16, Lines 51-59; face of the perforated plate facing the flow path 34) of the first micropore plate (see modified Fig. 19 below; perforated plate 84; Col. 6, Lines 15-22) , to form the air passage (see modified Fig. 20 below; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17) together with the second plate surface (Fig. 11 and see modified Fig. 20 below; front face 88 of plate 84; Col. 10, Lines 54-59 and Col. 16, Lines 51-59; face of the perforated plate facing the flow path 34), and
the second micropore plate (see modified Fig. 19 below; other perforated plate 84; Col. 6, Lines 15-22) is provided with a plurality of second micro-through holes (Figs. 19-20; plurality of apertures; Col. 10, Lines 34-49) communicate with the air passage (see modified Fig. 20 below; flow path 34; Col. 12, Lines 1-6 and Col. 14, Lines 11-17).
PNG
media_image9.png
509
558
media_image9.png
Greyscale
Claims 1, 2, 4, 10, 16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (CN 203584917) and its translation (EspaceNet Translation Zhang).
Regarding claim 1, Zhang discloses
a noise reducing structure (Fig. 1; detachable muffler; Paragraph 0014, Line 1) for a ventilation-treatment device (Fig. 1; fan exhaust system; Paragraph 0014, Line 1),
wherein the noise reducing structure (Fig. 1; detachable muffler; Paragraph 0015, Lines 1-3) comprises a first micropore plate (Fig. 1; orifice plate 4; Paragraph 0015, Lines 1-9),
the first microplate (Figs. 1 and 4; orifice plate 4 and perforated baffle 14; Paragraph 0015, Lines 1-9) is provided with a first plate surface (see modified Figs. 1 and 4 below) and a second plate surface (see modified Fig. 1 below) which are opposite to each other (see modified Fig. 1 below),
the first plate surface (see modified Fig. 1 below) is configured for forming a first chamber (see modified Fig. 1 below; area between orifice plate 4 and shell 2),
the second plate surface (see modified Fig. 1 below) is for forming an air passage (see modified Fig. 1 below; middle passage of shell 2), to allow gas inside the air passage (see modified Fig. 1 below; Paragraph 0018, Lines 1-4; ring 18 as seen in Fig. 4 is positioned in the shell to prevent air leakage; therefore, air flows inside the passage) to flow along the second plate surface (see modified Fig. 1 below), and
the first micropore plate (Fig. 1; orifice plate 4 and perforated baffle 14; Paragraph 0015, Lines 1-9) is provided with a plurality of first micro-through holes (Figs. 1 and 4; perforated baffle 14; Paragraph 0015, Lines 1-9; perforated baffles have multiple holes/apertures) communicate with the first chamber (see modified Fig. 1 below) and the air passage (see modified Fig. 1 below).
PNG
media_image10.png
469
786
media_image10.png
Greyscale
PNG
media_image11.png
684
884
media_image11.png
Greyscale
wherein the noise reducing structure (Fig. 1; detachable muffler; Paragraph 0014, Line 1) comprises a second micropore plate (Figs. 1 and 4; orifice plate 3 and perforated baffle 20; Paragraph 0015, Lines 1-9),
the second micropore plate (Figs. 1 and 4; orifice plate 3 and perforated baffle 20; Paragraph 0015, Lines 1-9) is provided with a plurality of second micro-through holes (Figs. 1 and 4; perforated baffle 20; Paragraph 0015, Lines 1-9; perforated baffles have multiple holes/apertures) communicate with the air passage (see Figs. 1 and 4; orifice plate 3 has a perforated baffle 20 which communicates with perforated baffle 14 orifice plate 4 to communicate with air passage; Paragraph 15);
wherein the first micropore plate and the second micropore plate are installed to cooperatively seal the air passage circumferentially (see Figs. 1 and 4; orifice plates 3, 4 are annular as they connect to the annular grove of the annular fixing plates 7, 13; Paragraph 0014; see modified Fig. 1 below; the orifice plates surround the circumference of the air passage), and a gas inlet and a gas outlet which communicate with the air passage are formed at two opposite ends (see modified Fig. 1 below).
PNG
media_image12.png
372
635
media_image12.png
Greyscale
Regarding claim 2, Zhang further discloses
the noise reducing structure (detachable muffler) according to claim 1,
wherein the noise reducing structure (Fig. 1; detachable muffler; Paragraph 0014, Line 1) comprises a first back plate (see modified Fig. 1 below; shell 2; Paragraph 0014, Line 1), and
the first back plate (see modified Fig. 1 below; shell 2; Paragraph 0014, Line 1) is stacked at intervals on a side of the first plate surface (see modified Fig. 1 below) of the first micropore plate (Figs. 1 and 4; orifice plate 4 and perforated baffle 14; Paragraph 0015, Lines 1-9), to form the first chamber (see modified Fig. 1 below; area between orifice plate 4 and shell 2) together with the first plate surface (see modified Fig. 1 below).
PNG
media_image13.png
469
786
media_image13.png
Greyscale
Regarding claim 4, Zhang further discloses
the noise reducing structure (detachable muffler) according to claim 2,
wherein the noise reducing structure (Fig. 1; detachable muffler; Paragraph 0014, Line 1) comprises a second micropore plate (Figs. 1 and 4; orifice plate 3 and perforated baffle 20; Paragraph 0015, Lines 1-9),
the second micropore plate (Figs. 1 and 4; orifice plate 3 and perforated baffle 20; Paragraph 0015, Lines 1-9) is stacked at intervals between (see modified Fig. 1 below) the first micropore plate (Fig. 1; orifice plate 4 and perforated baffle 14; Paragraph 0015, Lines 1-9) and the first back plate (see modified Fig. 1 below; shell 2; Paragraph 0014, Line 1), and
partitions the first chamber (see modified Fig. 1 below; area between orifice plate 4 and shell 2) into an upper chamber (see modified Fig. 1 below; area between orifice plate 4 and orifice plate 3) close to the first micropore plate (Fig. 1; orifice plate 4 and perforated baffle 14; Paragraph 0015, Lines 1-9) and a lower chamber (see modified Fig. 1 below; area between orifice plate 3 and shell 2) close to the first back plate (see modified Fig. 1 below; shell 2; Paragraph 0014, Line 1), and
the second micropore plate (Figs. 1 and 4; orifice plate 3 and perforated baffle 20; Paragraph 0015, Lines 1-9) is provided with a plurality of second micro-through holes (Figs. 1 and 4; perforated baffle 20; Paragraph 0015, Lines 1-9; perforated baffles have multiple holes/apertures) communicating the upper chamber (see modified Fig. 1 below; area between orifice plate 4 and orifice plate 3) and the lower chamber (see modified Fig. 1 below; area between orifice plate 3 and shell 2).
PNG
media_image14.png
469
799
media_image14.png
Greyscale
Regarding claim 10, Zhang discloses
a ventilation-treatment device (Fig. 1; fan exhaust system; Paragraph 0014, Line 1),
wherein the ventilation-treatment device (Fig. 1; fan exhaust system; Paragraph 0014, Line 1) comprises the noise reducing structure (Fig. 1; detachable muffler; Paragraph 0014, Line 1), wherein the noise reducing structure (Fig. 1; detachable muffler; Paragraph 0014, Line 1) comprises a first micropore plate (Figs. 1 and 4; orifice plate 4 and perforated baffle 14; Paragraph 0015, Lines 1-9),
the first micropore plate (Figs. 1 and 4; orifice plate 4 and perforated baffle 14; Paragraph 0015, Lines 1-9) is provided with a first plate surface (see modified Figs. 1 and 4 below) and a second plate surface (see modified Figs. 1 and 4 below) which are opposite to each other(see modified Figs. 1 and 4 below),
the first plate surface (see modified Fig. 1 below) is configured for forming a first chamber (see modified Fig. 1 below; area between orifice plate 4 and shell 2),
the second plate surface (see modified Fig. 1 below) is for forming an air passage (see modified Fig. 1 below; middle passage of shell 2), to allow gas inside the air passage (see modified Fig. 1 below; Paragraph 0018, Lines 1-4; ring 18 as seen in Fig. 4 is positioned in the shell to prevent air leakage; therefore, air flows inside the passage) to flow along the second plate surface (see modified Fig. 1 below), and
the first micropore plate (Fig. 1; orifice plate 4 and perforated baffle 14; Paragraph 0015, Lines 1-9) is provided with a plurality of first micro-through holes (Figs. 1 and 4; perforated baffle 14; Paragraph 0015, Lines 1-9; perforated baffles have multiple holes/apertures) communicate with the first chamber (see modified Fig. 1 below) and the air passage (see modified Fig. 1 below).
PNG
media_image10.png
469
786
media_image10.png
Greyscale
PNG
media_image11.png
684
884
media_image11.png
Greyscale
wherein the noise reducing structure (Fig. 1; detachable muffler; Paragraph 0014, Line 1) comprises a second micropore plate (Figs. 1 and 4; orifice plate 3 and perforated baffle 20; Paragraph 0015, Lines 1-9),
the second micropore plate (Figs. 1 and 4; orifice plate 3 and perforated baffle 20; Paragraph 0015, Lines 1-9) is provided with a plurality of second micro-through holes (Figs. 1 and 4; perforated baffle 20; Paragraph 0015, Lines 1-9; perforated baffles have multiple holes/apertures) communicate with the air passage (see Figs. 1 and 4; orifice plate 3 has a perforated baffle 20 which communicates with perforated baffle 14 orifice plate 4 to communicate with air passage; Paragraph 15);
wherein the first micropore plate and the second micropore plate are installed to cooperatively seal the air passage circumferentially (see Figs. 1 and 4; orifice plates 3, 4 are annular as they connect to the annular grove of the annular fixing plates 7, 13; Paragraph 0014; see modified Fig. 1 below; the orifice plates surround the circumference of the air passage), and a gas inlet and a gas outlet which communicate with the air passage are formed at two opposite ends (see modified Fig. 1 below).
PNG
media_image12.png
372
635
media_image12.png
Greyscale
Regarding claim 16, Zhang further discloses
the ventilation-treatment device (fan exhaust system) according to claim 10,
wherein the noise reducing structure (Fig. 1; detachable muffler; Paragraph 0014, Line 1) comprises a first back plate (see modified Fig. 1 below; shell 2; Paragraph 0014, Line 1), and
the first back plate (see modified Fig. 1 below; shell 2; Paragraph 0014, Line 1) is positioned on a side of the first plate surface (see modified Fig. 1 below) of the first micropore plate (Figs. 1 and 4; orifice plate 4 and perforated baffle 14; Paragraph 0015, Lines 1-9), to form the first chamber (see modified Fig. 1 below; area between orifice plate 4 and shell 2) together with the first plate surface (see modified Fig. 1 below).
PNG
media_image13.png
469
786
media_image13.png
Greyscale
Regarding claim 19, Zhang further discloses
the ventilation-treatment device (fan exhaust system) according to claim 16,
wherein the noise reducing structure (Fig. 1; detachable muffler; Paragraph 0014, Line 1) comprises a second micropore plate (Figs. 1 and 4; orifice plate 3 and perforated baffle 20; Paragraph 0015, Lines 1-9),
the second micropore plate (Figs. 1 and 4; orifice plate 3 and perforated baffle 20; Paragraph 0015, Lines 1-9) is positioned between (see modified Fig. 1 below) the first micropore plate (Fig. 1; orifice plate 4 and perforated baffle 14; Paragraph 0015, Lines 1-9) and the first back plate (see modified Fig. 1 below; shell 2; Paragraph 0014, Line 1), and
is configured to partition the first chamber (see modified Fig. 1 below; area between orifice plate 4 and shell 2) into an upper chamber (see modified Fig. 1 below; area between orifice plate 4 and orifice plate 3) close to the first micropore plate (Fig. 1; orifice plate 4 and perforated baffle 14; Paragraph 0015, Lines 1-9) and a lower chamber (see modified Fig. 1 below; area between orifice plate 3 and shell 2) close to the first back plate (see modified Fig. 1 below; shell 2; Paragraph 0014, Line 1), and
the second micropore plate (Figs. 1 and 4; orifice plate 3 and perforated baffle 20; Paragraph 0015, Lines 1-9) is provided with a plurality of second micro-through holes (Figs. 1 and 4; perforated baffle 20; Paragraph 0015, Lines 1-9; perforated baffles have multiple holes/apertures) communicating the upper chamber (see modified Fig. 1 below; area between orifice plate 4 and orifice plate 3) and the lower chamber (see modified Fig. 1 below; area between orifice plate 3 and shell 2).
PNG
media_image14.png
469
799
media_image14.png
Greyscale
PNG
media_image15.png
684
936
media_image15.png
Greyscale
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Lathrop (US 7789194) in view of Misawa (US 6804360).
Regarding claim 8, Lathrop discloses
the noise reducing structure (silencer 10) according to claim 7,
Lathrop does not disclose wherein, the second chamber is filled with a sound absorbing cotton, and/or the noise reducing structure comprises a plurality of first partition plates, the plurality of first partition plates are disposed inside the air passage and extend in a flow direction of a gas inside the air passage, respectively, and the plurality of first partition plates are disposed at intervals to partition the air passage into a plurality of branch air passages.
Misawa discloses an air intake noise reduction apparatus
wherein, the noise reducing structure (Fig. 9; air intake noise reduction apparatus; Col. 4, Lines 21-26) comprises a plurality of first partition plates (Fig. 1; partition wall 22; Col. 5, Lines 35-47 and Col. 8, Lines 10-16; air intake passage can by any number equal to or larger than two; therefore, there can be five air intake passages with four partition walls where two partition walls are sized similar to partition wall 22),
the plurality of first partition plates (Fig. 9; partition wall 22; Col. 5, Lines 35-47 and Col. 8, Lines 10-16) are disposed inside the air passage (Fig. 9; air intake duct 11; Col. 5, Lines 35-47) and extend in a flow direction of a gas (Col. 5, Lines 1-5) inside the air passage (Fig. 9; air intake duct 11; Col. 5, Lines 35-47), respectively, and
the plurality of first partition plates (Fig. 9; partition wall 22; Col. 5, Lines 35-47 and Col. 8, Lines 10-16) are disposed at intervals to partition the air passage (Fig. 9; air intake duct 11; Col. 5, Lines 35-47) into a plurality of branch air passages (Fig. 9; air intake passages 24-26; Col. 5, Lines 35-47 and Col. 8, Lines 10-16; air intake passage can by any number equal to or larger than two; therefore, there can be five air intake passages with four partition walls),
and/or the second chamber is filled with a sound absorbing cotton.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flow path of Lathrop to have partition walls as taught in Misawa in order to effectively reduce air intake noise by forming a plurality of air intake passages with different passage lengths (Col. 8, Lines 18-26). Additionally, duplicating the partition walls 21 and 22 to have four partition walls creating five air intake passage would have been obvious as “the number of air intake passages is not limited to four or three as described in the above embodiments, and any number of air intake passages equal to or larger than two may be selected” (Col. 8, Lines 10-16). Further, it was noted that changing the number of intake passages and partition walls had no change in the operational effect (Col. 7, Lines 16-27). As such, the mere duplication of parts, without any new or unexpected results, is within the scope of one of ordinary skill in the art (see MPEP § 2144.04).
Regarding claim 9, the modified device of Lathrop further discloses
the noise reducing structure (Lathrop: silencer 10; Misawa: partition walls) according to claim 8,
wherein the noise reducing structure (Lathrop: Figs. 19-20; silencer 10; Col. 6, Lines 15-22) comprises a plurality of second partition plates (Fig. 9; partition wall 21; Col. 5, Lines 35-47 and Col. 8, Lines 10-16; air intake passage can by any number equal to or larger than two; therefore, there can be five air intake passages with four partition walls where two partition walls are sized similar to partition wall 21),
the plurality of second partition plates (Fig. 9; partition wall 21; Col. 5, Lines 35-47 and Col. 8, Lines 10-16) are disposed inside the plurality of branch air passages (see modified Fig. 9 below; air intake passages 25 and 26; Col. 5, Lines 35-47 and Col. 8, Lines 10-16; air intake passage can by any number equal to or larger than two; therefore, there can be five air intake passages with four partition walls), respectively,
the second partition plates (Fig. 9; partition wall 21; Col. 5, Lines 35-47 and Col. 8, Lines 10-16) are disposed at intervals and parallel (see modified Fig. 9 below) to the first partition plates (Fig. 9; partition wall 22; Col. 5, Lines 35-47 and Col. 8, Lines 10-16),
both of the first partition plates (Fig. 9; partition wall 22; Col. 5, Lines 35-47 and Col. 8, Lines 10-16) and the second partition plates (Fig. 9; partition wall 21; Col. 5, Lines 35-47 and Col. 8, Lines 10-16) are disposed to extend from the gas inlet (see modified Fig. 9 below) to the gas outlet (see modified Fig. 9 below), and
an extension length of the second partition plates (Fig. 9; length of partition wall 21; Col. 5, Lines 35-47 and Col. 8, Lines 10-16) is less (see modified Fig. 9 below) than an extension length of the first partition plates (Fig. 9; length of partition wall 22; Col. 5, Lines 35-47 and Col. 8, Lines 10-16).
PNG
media_image16.png
794
1071
media_image16.png
Greyscale
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Lathrop (US 7789194) in view of a second embodiment of Lathrop (US 7789194) and further in view of Bath (US 20160310691).
Regarding claim 13, Lathrop discloses
the ventilation-treatment device (blower device 12 configured as a CPAP device) according to claim 12,
Lathrop does not disclose wherein, the housing assembly comprises an middle housing and a lower housing-which are configured to form the cavity, the middle housing detachably covers a top of the lower housing, a gas-inlet end wall of the middle housing is provided with a middle-housing gas inlet communicate with the cavity, a gas-inlet end wall of the lower housing is provided with a lower-housing gas inlet communicate with the cavity, and the middle-housing gas inlet and the lower-housing gas inlet form the gas inlet of the housing assembly together; and/or the ventilation-treatment device comprises a decorating assembly, the decorating assembly encircles the housing assembly, and is provided with a gas inlet and a gas outlet that correspond to the gas inlet and the gas outlet of the housing assembly, the decorating assembly comprises a filtering member, and the filtering member is disposed at the gas inlet of the decorating assembly.
However, a second embodiment of Lathrop discloses blower device with a silencer (Figs. 1-14)
wherein, the housing assembly (Figs. 3-9; housing assembly 28; Col. 8, Lines 4-7) comprises an middle housing (Figs. 3-4; acoustic housing 52; Col. 8, Lines 60-67 and Col. 9, Lines 1-6; Col. 9, lines 20-24) and a lower housing (Figs. 3-4; lower frame 46 and intermediate frame 44 of housing 28; Col. 8, Lines 4-7) which are configured to form the cavity (Figs. 3-9; inlet chamber 48, acoustic chamber 50, and blower chamber 62; Col. 8, Lines 4-7),
the middle housing (Figs. 3-4; acoustic housing 52; Col. 8, Lines 60-67 and Col. 9, Lines 1-6; Col. 0, lines 20-24) detachably (Col. 8, Lines 60-63) covers a top of the lower housing (Figs. 3-4; lower frame 46 and intermediate frame 44 of housing 28; Col. 9, Lines 18-24; acoustic housing is mounted on top of lower frame 46),
a gas-inlet end wall (see modified Figs. 3-4 below) of the middle housing (Figs. 3-4; acoustic housing 52; Col. 8, Lines 60-67 and Col. 9, Lines 1-6; Col. 9, lines 20-24) is provided with a middle-housing gas inlet (see modified Figs. 3-4 below; inlet 30 of the acoustic housing 52) communicate with the cavity (Figs. 3-9; inlet chamber 48, acoustic chamber 50, and blower chamber 62; Col. 8, Lines 4-7),
a gas-inlet end wall (see modified Figs. 3-4 below) of the lower housing (Figs. 3-4; lower frame 46 and intermediate frame 44 of housing 28; Col. 9, Lines 18-24) is provided with a lower-housing gas inlet (see modified Figs. 3-4 below; inlet 30 of the lower frame 46) communicate with the cavity (Figs. 3-9; inlet chamber 48, acoustic chamber 50, and blower chamber 62; Col. 8, Lines 4-7), and
the middle-housing gas inlet (see modified Figs. 3-4 below; inlet 30 of the acoustic housing 52) and the lower-housing gas inlet (see modified Figs. 3-4 below; inlet 30 of the lower frame 46) form the gas inlet (Figs. 3-9; inlet 30; Col. 7, Lines 26-27) of the housing assembly (Figs. 3-9; housing assembly 28; Col. 8, Lines 4-7) together (see modified Figs. 3 and 4 below; Col. 7, Lines 23-27).
PNG
media_image17.png
659
696
media_image17.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing assembly of the first embodiment of Lathrop with the arrangement of the housing assembly of the second embodiment of Lathrop as such a modification would simply involve merely rearranging the components into separate housings and stacking them vertically instead of horizontally without changing the operation of the device, a rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04).
The modified device of Lathrop does not disclose and/or the ventilation-treatment device comprises a decorating assembly, the decorating assembly encircles the housing assembly, and is provided with a gas inlet and a gas outlet that correspond to the gas inlet and the gas outlet of the housing assembly, the decorating assembly comprises a filtering member, and the filtering member is disposed at the gas inlet of the decorating assembly.
Bath discloses a respiratory pressure treatment system that has a muffler to reduce noise where
the ventilation-treatment device (Fig. 5a; RPT device 4000; Paragraph 0272, Lines 1-3) comprises a decorating assembly (Fig. 5a; front panel 4012, side panel 4014, external housing 4010, and chassis 4016; Paragraph 0272, Lines 6-7 and Lines 15-17; Paragraph 0297, Lines 8-11), the decorating assembly (Fig. 5a; front panel 4012, side panel 4014, external housing 4010, and chassis 4016; Paragraph 0272, Lines 6-7 and Lines 15-17; Paragraph 0297, Lines 8-11) encircles the housing assembly (Fig. 5a; pneumatic block 4020; Paragraph 0272, Lines 15-20; panels, external housing, and chassis surrounds the pneumatic block), and is provided with a gas inlet (Figs. 6a-6c; RPT device inlet 4002; Paragraph 0281, Lines 1-5), and a gas outlet (Figs. 8a-8c; dock outlet 4132; Paragraph 0306, lines 8-10 and Paragraph 0308, Lines 1-10) that correspond to the gas inlet (Figs. 11a-11d; PB inlet 4020in; Paragraph 0297, Lines 1-8) and the gas outlet (Figs. 11a-11d; PB outlet 4020ou; Paragraph 0297, Lines 1-8) of the housing assembly (Fig. 5a; pneumatic block 4020; Paragraph 0297, Lines 1-13),
the decorating assembly (Fig. 5a; front panel 4012, side panel 4014, external housing 4010, and chassis 4016; Paragraph 0272, Lines 6-7 and Lines 15-17; Paragraph 0297, Lines 8-11) comprises a filtering member (Figs. 6a-6e; inlet air filter 4112; Paragraph 0277, Lines 1-7 and Paragraph 0279, Lines 1-5), and
the filtering member (Figs. 6a-6e; inlet air filter 4112; Paragraph 0277, Lines 1-7 and Paragraph 0279, Lines 1-5) is disposed at the gas inlet of the decorating assembly (Figs. 6a-6c; RPT device inlet 4002; Paragraph 0281, Lines 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cpap device of Lathrop with the panels, external housing, and chassis of Bath for added flexibility in aesthetics of the RPT device in relation to the pneumatic block and to provide antibacterial filtering in the pneumatic path (Bath: Paragraph 0297, Lines 8-11 and Paragraph 0277, Lines 1-7).
Claims 3, 5, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 203584917) and its translation (EspaceNet Translation Zhang) in view of Wang (CN 206694330) and its translation (EspaceNet Translation Wang).
Regarding claim 3, Zhang discloses
the noise reducing structure (detachable muffler) according to claim 2,
Zhang does not disclose wherein the first chamber is filled with a sound absorbing cotton.
Wang discloses a noise reduction device in a ventilation system
wherein the first chamber (Figs. 1-3; first composite board 1 and second composite board 2; Paragraph 0047, Lines 1-5 and Paragraph 0048, Lines 1-4) is filled with a sound absorbing cotton (Figs. 1-3; sound-absorbing cotton 12; Paragraph 0047, Lines 1-5 and Paragraph 0048, Lines 1-4; sound-absorbing cotton 12 is between steel damping plate 10 and the micro-perforated air intake sound-absorbing plate 14 in the first composite board and is between the two air intake sound-absorbing plates 14 in the second composite board).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the areas between the orifice plates and the orifice plate 3 and shell 2 of Zhang to have sound-absorbing cotton as taught in Wang to have layers of sound-absorbing materials to further reduce noise (Wang: Paragraph 0028, Lines 1-2).
Regarding claim 5, Zhang discloses
the noise reducing structure (detachable muffler) according to claim 4,
Zhang does not disclose wherein the upper chamber and the lower chamber are filled with a sound absorbing cotton.
Wang discloses a noise reduction device in a ventilation system
wherein the chambers (Figs. 1-3; first composite board 1 and second composite board 2; Paragraph 0047, Lines 1-5 and Paragraph 0048, Lines 1-4) are filled with a sound absorbing cotton (Figs. 1-3; sound-absorbing cotton 12; Paragraph 0047, Lines 1-5 and Paragraph 0048, Lines 1-4; sound-absorbing cotton 12 is between steel damping plate 10 and the micro-perforated air intake sound-absorbing plate 14 in the first composite board and is between the two air intake sound-absorbing plates 14 in the second composite board).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the areas between the orifice plates and the orifice plate 3 and shell 2 of Zhang to have sound-absorbing cotton as taught in Wang to have layers of sound-absorbing materials to further reduce noise (Wang: Paragraph 0028, Lines 1-2).
It directly follows that the resultant areas between the orifice plates and shell of Zhang combined with the sound-absorbing cotton of Wang would meet the claimed structural limitations since:
Zhang and Wang combined disclose
wherein the upper chamber (Zhang: see modified Fig. 1 below; area between orifice plate 4 and orifice plate 3) and the lower chamber (Zhang: see modified Fig. 1 below; area between orifice plate 3 and shell 2) are filled with a sound absorbing cotton (Wang: Figs. 1-3; sound-absorbing cotton 12; Paragraph 0047, Lines 1-5 and Paragraph 0048, Lines 1-4).
PNG
media_image18.png
469
799
media_image18.png
Greyscale
Regarding claim 18, Zhang discloses
the ventilation-treatment device (fan exhaust system) according to claim 16,
Zhang does not disclose wherein the first chamber is filled with a sound absorbing cotton.
Wang discloses a noise reduction device in a ventilation system
wherein the first chamber (Figs. 1-3; first composite board 1 and second composite board 2; Paragraph 0047, Lines 1-5 and Paragraph 0048, Lines 1-4) is filled with a sound absorbing cotton (Figs. 1-3; sound-absorbing cotton 12; Paragraph 0047, Lines 1-5 and Paragraph 0048, Lines 1-4; sound-absorbing cotton 12 is between steel damping plate 10 and the micro-perforated air intake sound-absorbing plate 14 in the first composite board and is between the two air intake sound-absorbing plates 14 in the second composite board).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the areas between the orifice plates and the orifice plate 3 and shell 2 of Zhang to have sound-absorbing cotton as taught in Wang to have layers of sound-absorbing materials to further reduce noise (Wang: Paragraph 0028, Lines 1-2).
Regarding claim 20, Zhang discloses
the ventilation-treatment device (fan exhaust system) according to claim 19,
Zhang does not disclose wherein the upper chamber and the lower chamber are filled with a sound absorbing cotton.
Wang discloses a noise reduction device in a ventilation system
wherein the chambers (Figs. 1-3; first composite board 1 and second composite board 2; Paragraph 0047, Lines 1-5 and Paragraph 0048, Lines 1-4) are filled with a sound absorbing cotton (Figs. 1-3; sound-absorbing cotton 12; Paragraph 0047, Lines 1-5 and Paragraph 0048, Lines 1-4; sound-absorbing cotton 12 is between steel damping plate 10 and the micro-perforated air intake sound-absorbing plate 14 in the first composite board and is between the two air intake sound-absorbing plates 14 in the second composite board).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the areas between the orifice plates and the orifice plate 3 and shell 2 of Zhang to have sound-absorbing cotton as taught in Wang to have layers of sound-absorbing materials to further reduce noise (Wang: Paragraph 0028, Lines 1-2).
It directly follows that the resultant areas between the orifice plates and shell of Zhang combined with the sound-absorbing cotton of Wang would meet the claimed structural limitations since:
Zhang and Wang combined disclose
wherein the upper chamber (Zhang: see modified Fig. 1 below; area between orifice plate 4 and orifice plate 3) and the lower chamber (Zhang: see modified Fig. 1 below; area between orifice plate 3 and shell 2) are filled with a sound absorbing cotton (Wang: Figs. 1-3; sound-absorbing cotton 12; Paragraph 0047, Lines 1-5 and Paragraph 0048, Lines 1-4).
PNG
media_image18.png
469
799
media_image18.png
Greyscale
Response to Arguments
Applicant's arguments filed November 5th, 2025 have been fully considered but they are not persuasive.
On page 13 of the remarks, Applicant adds newly amended claim 1 to include parts of claim 6 and claim 7. This amendment would necessitate a new grounds of rejection due to adding the and/or statement from claim 7 into claim 1 without the “or” further narrowing the claim.
On pages 13-15 of the remarks, Applicant argues that the underlined amendments of claim 1 would overcome the 102 rejection using Lathrop as Lathrop does not form cooperative installation of two perforated plates 84, nor is it circumferentially sealed. However, as shown in new rejection above, reactive tube 72 (which contains part of the flow path 34) is preferably bounded on opposing longitudinal sides by a pair of perforated plates 84, see col. 14, lines 34-37. In other words, at least a part of the perforated plates may install to cooperatively seal a portion of the flow path.
On pages 13-15 of the remarks, Applicant further argues that the inlet 30 and outlet 32 of Lathrop are part of the housing itself, they are not formed under the condition of the cooperative installation of the perforated plates. However, the claim language states “wherein the first micropore plate and the second micropore plate are installed to cooperatively seal the air passage circumferentially, and a gas inlet and a gas outlet which communicate with air passage are formed at two opposite ends”, therefore, the broadest interpretation of a “a gas inlet” and “a gas outlet” in this context is to be formed at two opposite ends and communicate with the air passage. Therefore, the Examiner maintains the rejection of using the gas inlet 30 and gas outlet 32 of the housing to communicate and be at opposite ends of the flow path 34 (see figs. 19 and 20).
On pages 13-15 of the remarks, Applicant argues that rejection of claim 10 should be withdrawn due to similar arguments (see reasonings above).
Regardless, it is noted that Zhang which was used in the Non-Final Rejection filed on 08/08/2025 to reject both claim 1 and 10 also discloses all of the amended limitation noted in the remarks (see rejection above). As such, the rejections of claim 1-13 and 16-20 are still maintained.
Allowable Subject Matter
Claims 14 and 15 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.
Regarding claim 14, the closest prior art of record is Lathrop (US 7789194) in view of a second embodiment of Lathrop (US 7789194) and further in view of Bath (US 20160310691).
In particular the modified device of Lathrop discloses
the ventilation-treatment device (Lathrop: blower device 12 configured as a CPAP device; Bath: front panel 4012, side panel 4014, external housing 4010, and chassis 4016) according to claim 13,
wherein a chamber (Bath: Figs. 5a, 6a-6c, and11a-11d; space between RPT device inlet 4002 and PB inlet 4020in) is formed between the gas-inlet end wall of the middle housing (Lathrop: Figs. 3-4; wall of acoustic housing 52 that has the inlet 30; Col. 8, Lines 60-67 and Col. 9, Lines 1-6; Col. 9, lines 20-24) and the gas-inlet end wall of the lower housing (Lathrop: Figs. 3-4; wall of lower frame 46 of housing 28 that has the inlet 30; Col. 9, Lines 18-24) and the filtering member (Bath: Figs. 6a-6e; inlet air filter 4112; Paragraph 0277, Lines 1-7 and Paragraph 0279, Lines 1-5),
However, Lathrop fails to teach, disclose, or render obvious a dividing plate assembly is disposed inside the chamber, the dividing plate assembly partitions the chamber into at least two areas, the gas-inlet end wall of the middle housing that is located in each of the areas is disposed with the middle-housing gas inlet and the gas-inlet end wall of the lower housing that is located in the at least two areas of the chamber is disposed with the lower-housing gas inlet.
Claim 15 is rejected due to its dependency on claim 14 and would also be allowable due to its dependency on claim 14 if rewritten to overcome the rejection.
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 SYDNEY REYES RUSSELL whose telephone number is (703)756-4567. The examiner can normally be reached M-F 730am -5pm.
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, Brandy Lee can be reached at (571) 270-7410. 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.
/S.R.R./Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785