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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/06/2026 has been entered.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Wright et al. (US 2020/0306489) in view of Tatsuo (JP H06139916) and Yun (US 2010/0214707).
Regarding Claim 1, Wright discloses a respiration aiding equipment (Figures 1-21), comprising:
a main control module (700, Figure 17),
a heating loop (comprising 750) and a heating loop protective circuit connected to the heating loop (comprising circuitry coupled to 700 and 750) and the heating loop protective circuit comprises an acquisition sub-circuit (comprising 710, 720), and a protective sub-circuit (comprising circuitry coupled to 710, 720 and 750, 700).
Wright does not disclose the heating loop protective circuit comprises a suppression sub-circuit, and a discharge sub-circuit;
the acquisition sub-circuit collects input voltage of the protective sub-circuit and sends the input voltage to the suppression sub-circuit;
the suppression sub-circuit clamps the input voltage and releases current through the discharge sub-circuit; and the protective sub-circuit performs short-circuit protection when the current is too high, and detailed structure of the discharge sub-circuit as recited.
Tatsuo discloses a protective circuit coupled to a power source and a control module for various loads (Figures 1-9, Figures 1, 5, 8 show protective circuit coupled to battery 23 and ECU, other Figures show details or different embodiments of the protective circuit) comprising:
an acquisition sub-circuit (comprising diodes labelled as D3, Figure, Figure 4), a suppression sub-circuit (for example comprising D4, Figure 4, see other Figures also), a protective sub-circuit (comprising F1,…,Fn, Figure 4) and a discharge sub-circuit comprising line connection from D4 to ground, Figure 4);
the acquisition sub-circuit collects input voltage of the protective sub-circuit and sends the input voltage to the suppression sub-circuit (forward biased diodes D3 coupled to L1, L2, .., Ln, Figure 4);
the suppression sub-circuit clamps the input voltage and releases current through the discharge sub-circuit (Zener diode D4 clamps the input volage and releases current through the discharge sub-circuit, Figure 4); and
the protective sub-circuit performs short-circuit protection when the current is too high (function fuses F1, F2, …, Fn, Figure 4).
Yun discloses a discharge control circuit (Figures 1, 3-4) including a discharging sub-circuit (part of 180, Figure 3) that comprises a discharging diode (188, Figure 3), a discharging resistance (186, Figure 3) and a discharging switch tube (184, Figure 3), wherein an input end of the discharging diode is accessed into control voltage of the main control module (input end/anode of 188 connected to terminal 190 connected to control unit 170, Figure 3, Paragraph 68, “…the terminal 190 is electrically connected to a terminal 171 provided on the control unit 170…”), an output end of the discharging diode is connected to one end of the discharging resistance and a control end of the first discharging switch tube (output end/cathode of 188 connected to one end of 186 and control end/gate of 184, Figure 3), an input end of the first discharging switch tube is connected to an input terminal of the discharge control circuit (input end/drain of184 connected to input terminal 112, Figure 3) and an output end of the first switch tube is connected to the other end of the third resistance and grounded (output end/source of 184 connected to the other end of 186 and to ground, Figure 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the respiration aiding equipment, a suppression sub-circuit, and a discharge sub-circuit as taught by Tatsuo, to provide surge protection for the heating loop and the sensitive electronics of the equipment, and to provide in the discharge sub-circuit in the combination, a discharging diode, a discharging resistance and a discharging switch tube as taught by Yun, to have a controllable discharge sub-circuit.
Regarding Claim 2, combination of Wright, Tatsuo and Yun discloses the respiration aiding equipment according to Claim 1,
wherein the acquisition sub-circuit comprises (a first diode, a second diode and a third diode in D3);
an input end of the first diode, an input end of the second diode and an input end of the third diode are connected to the protective sub-circuit, and collect first input voltage, second input voltage and third input voltage respectively (input end/anode of diodes in D3 connected to F1, F2,…, Fn); and
an output end of the first diode, an output end of the second diode and an output end of third diode are connected to the suppression sub-circuit (output end/cathode of diodes in D3 connected to D4).
Regarding Claim 3, combination of Wright, Tatsuo and Yun discloses the respiration aiding equipment according to Claim 2, wherein the protective sub-circuit comprises:
a first protective unit for performing short-circuit protection on a heating wire (Wright, comprising 730, Figure 17);
a second protective unit for performing short-circuit protection on a temperature detection module of the heating loop (Tatsuo, comprising F1,…,Fn, Figure 4);
a third protective unit for performing short-circuit protection on a discharge sub-circuit (Wright, comprising 740, Figure 17); and
one end of the first protective unit is connected to an input end of the heating wire, the other end of the first protective unit is accessed to a first power source (one end of 730 connected to 750 and the other end is connected to a power source AC, Figure 17), one end of the second protective unit is connected to the acquisition sub-circuit and accessed to input voltage (Tatsuo, one end of F1, F2, F3 coupled D3, Figure 4, node identified as Fb, P2 in Figure 6), the other end of the second protective unit is connected to the temperature detection module and an identification module of the heating loop (Tatsuo, the other end F1, F2, F3 coupled at 23, to which a temperature detection and an identification module comprisingD11, TR11, R11, R12, R4 and D12, Figure 6), one end of the third protective unit is connected to the discharge sub-circuit (other end of 740 coupled in the negative/ground path of AC source, Figure 17).
Combination of Wright, Tatsuo and Yun does not disclose a third protective unit with one end of the third protective unit is connected to the suppression sub-circuit. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a protective unit connected to the suppression sub-circuit and configure the ends connected to the suppression sub-circuit and discharge sub-circuit to open the current path to the discharge sub-circuit to increase the fault protection level.
Regarding Claim 4, combination of Wright, Tatsuo and Yun discloses the respiration aiding equipment according to Claim 2, wherein the main control module comprises a first protective unit for performing the short-circuit protection on the heating wire (Wright, Figure 17, Paragraph 116, Tatsuo, comprising protective circuit U1 in Figure 9 in the combination), one end of the first protective unit is connected to an output end of the power source, and the other end of the first protective unit is connected to an input end of the power source (one end d4 coupled to line 9 and other end coupled to ground, Figure 9).
Regarding Claim 5, combination of Wright, Tatsuo and Yun discloses the respiration aiding equipment according to Claim 4, wherein the protective sub-circuit comprises a second protective unit for performing the short-circuit protection on the temperature detection module of the heating loop (comprising F1, F2, Fn, Figure 4), and a third protective unit for performing the short-circuit protection on the discharge sub-circuit (Wright, comprising 740, Figure 17); one end of the second protective unit is connected to the acquisition sub-circuit and accessed to the input voltage (Tatsuo, one end of F1, F2, F3 coupled D3, Figure 4, node identified as Fb, P2 in Figure 6), the other end of the second protective unit is connected to the temperature detection module and the identification module of the heating loop (Tatsuo, the other end F1, F2, F3 coupled at 23, to which a temperature detection and an identification module comprising D11, TR11, R11, R12, R4 and D12, Figure 6), one end of the third protective unit is connected to the discharge sub-circuit (other end of 740 coupled in the negative/ground path of AC source, Figure 17).
Combination of Wright, Tatsuo and Yun does not disclose a third protective unit with one end of the third protective unit is connected to the suppression sub-circuit. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a protective unit connected to the suppression sub-circuit and configure the ends connected to the suppression sub-circuit and discharge sub-circuit to open the current path to the discharge sub-circuit to increase the fault protection level.
Regarding Claim 6, combination of Wright, Tatsuo and Yun discloses the respiration aiding equipment according to Claim 3, wherein the first protective unit comprises a first resistance and a first fuse (Wright, resistance of the wire/conductor coupling AC and fuse730, Figure 17); and one end of the first fuse is connected to one end of the first resistance, the other end of the first fuse is connected to the input end of the heating wire, and the other end of the first resistance is connected to an anode of a first power source (series connected fuse and resistance with one connected to heating wire 750 and the other end connected to power source AC, Figure 17).
Regarding Claim 7, combination of Wright, Tatsuo and Yun discloses the respiration aiding equipment according to Claim 4, wherein the second protective unit comprises a second resistance and a second fuse (Tatsuo, fuse 22 and the resistance of the wire/conductor between 23 and 22, Figures 1, 5, 9); and one end of the second fuse is connected to one end of the second resistance, the other end of the second fuse is connected to the output end of the power source, and the other end of the second resistance is connected to the input end of the power source (Tatsuo, resistance and fuse series connected, one end of the resistance to the input end of the power source 23 and one end of the fuse connected to the output end of the power source 23, Figures 1, 5, 9).
Regarding Claims 8, 11, combination of Wright, Tatsuo and Yun discloses the respiration aiding equipment according to Claim 3, 5 respectively,
wherein the second protective unit comprises a first protective tube, a second protective tube and a third protective tube (comprising F1, F2, Fn respectively, Figure 4); one end of the first protective tube is connected to the input end of the first diode and accessed to first input voltage (one end of F1 connected to anode of the first D3, Figure 4); the other end of the first protective tube is connected to the temperature detection module (Tatsuo, the other end F1, F2, F3 coupled at 23, to which a temperature detection and an identification module comprising D11, TR11, R11, R12, R4 and D12, Figure 6); one end of the second protective tube is connected to the input end of the second diode and accessed to second input voltage (one end of F2 connected to anode of the second D3, Figure 4); the other end of the second protective tube is connected to the temperature detection module (Tatsuo, the other end F1, F2, F3 coupled at 23, to which a temperature detection and an identification module comprising D11, TR11, R11, R12, R4 and D12, Figure 6); one end of the third protective tube is connected to the input end of third diode and accessed to third input voltage (one end of Fn connected to anode of the third D3, Figure 4); and the other end of the third protective tube is connected to the identification module (Tatsuo, the other end F1, F2, F3 coupled at 23, to which a temperature detection and an identification module comprising D11, TR11, R11, R12, R4 and D12, Figure 6).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wright et al. (US 2020/0306489) in view of Tatsuo (JP H06139916), Yun (US 2010/0214707) and Lavington et al. (US 2002/0158609).
Regarding Claims 9, 10, combination of Wright, Tatsuo and Yun does not specifically disclose the respiration aiding equipment according to Claim 3, 7 respectively, wherein the second fuse is a self-recovery fuse.
Lavington discloses a protective circuit (10, Figures 1-4) comprising a fuse and resistance coupled series with one end of the fuse coupled to an output end of a power source and one end of the resistance coupled to an input end of the power source (comprising PS1, 14 and wire resistance connected to BATIN, T1 and BATOUT, T2, Figure 1), wherein the second fuse is a self-recovery fuse (Abstract, Paragraph 18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the fuse in the protective circuit in the combination as self-recovery fuse, to provide protection from overcurrent and overtemperature and allow normal operation providing a very low resistance and associated current losses (see, Lavington, Paragraph 18).
Response to Arguments
Applicant's arguments filed on 3/06/2026 have been fully considered but they are not persuasive.
The Applicant argues, on Pages 6-7 of the Remarks that none of the diode 183, the parasite diode 185, and the diode 191 should be interpreted as a suppression sub-circuit or a voltage suppressor.
In response, examiner respectfully notes that secondary reference Yun is relied upon for the teaching of the limitations of a discharge subcircuit, not for the suppression sub-circuit, which is met by secondary reference Tatsuo. It is further respectfully noted that none of the argued upon diodes (183, 185 or 191) are relied upon in the rejection, diode 188 in Figure 3 of Yun is relied upon for the recited diode of the discharge subcircuit.
In response to applicant's argument toward the combination of Wright, Tatsuo and Yun, it is respectfully noted that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case, Yun discloses a discharge control circuit (Figures 1, 3-4) including a discharge sub- circuit (part of 180, Figure 3) that comprises a diode (188, Figure 3), a resistance (186, Figure 3) and a switch tube (184, Figure 3) and terminal connections including - wherein an input end of the discharging diode is accessed into control voltage of the main control module (input end/anode of 188 connected to terminal 190 connected to control unit 170, Figure 3, Paragraph 68, “…the terminal 190 is electrically connected to a terminal 171 provided on the control unit 170…”), an output end of the discharging diode is connected to one end of the discharging resistance and a control end of the first discharging switch tube (output end/cathode of 188 connected to one end of 186 and control end/gate of 184, Figure 3), an input end of the first discharging switch tube is connected to an input terminal of the discharge control circuit (input end/drain of184 connected to input terminal 112, Figure 3) and an output end of the first switch tube is connected to the other end of the third resistance and grounded (output end/source of 184 connected to the other end of 186 and to ground, Figure 3). Please note that the input end of the switch tube 184 is connected to the input terminal of the discharge control circuit via diode 183/charge acquisition diode and in the combination having the surge suppression circuit coupled to the diode and Yun circuit is part of a charge discharge circuit including circuitry configured such that battery pack is prevented from exploding or igniting.
Regarding Applicant’s arguments, on Page 8 of the Remarks toward the rejection dependent claims using the combination of Wright and Tatsuo directed toward the limitations of Claim 1, please see the response to arguments toward Claim 1 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen (US 2016/0334815) discloses heating loop and a heating loop protective circuit (Figures 1-5), wherein the heating loop protective circuit comprises a first protective unit for performing short-circuit protection on a heating wire (comprising F1); a second protective unit for performing short-circuit protection on a temperature detection module of the heating loop (comprising resistive elements coupled 12, Figures 3-4); a third protective unit for performing short-circuit protection on a discharge sub-circuit (comprising F2 coupled in line CAN/ground, Figures 3-4).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUCY M THOMAS whose telephone number is (571)272-6002. The examiner can normally be reached Mon-Fri 9:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Crystal L Hammond can be reached at (571)270-1682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUCY M THOMAS/Examiner, Art Unit 2838, 3/20/2026
/CRYSTAL L HAMMOND/Supervisory Primary Examiner, Art Unit 2838