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 .
Response to Amendment
Examiner acknowledges the reply filed on 10/07/2025 in which claims 1, 2, 4-8, 10-17, 20-22, 24-26, 30, 32, 34, and 35 have been amended and claim 3 has been canceled. Currently, claims 1-2 and 4-35 are pending for examination in this application.
Response to Arguments
Applicant has resolved the claim rejections under 35 U.S.C. § 112(b).
Applicant’s arguments, see remarks pg. 8-9, filed 10/07/2025, with respect to the rejection(s) of independent claim(s) 1 under 35 U.S.C § 102(a)(1) and (a)(2) over Genger have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bao (US20210220600A1).
Claim Objections
Claim 24 is objected to because of the following informalities:
Claim 24, line 2, insert “an” before “exit”.
Appropriate correction is required.
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.
Claim(s) 1-2, 4-9, 13-26, 32-33, and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Genger et al. (US20080245365A1) and Bao (US20210220600A1).
Regarding claim 1, Genger discloses an apparatus for providing a humidified flow of pressurized breathable gas to be delivered to a patient (Evaporator 21; fig. 3-4; see [0002]), the apparatus comprising:
a humidification chamber (outer tub 28; fig. 3-4) comprising a base surface with a heating element (heater 27; fig. 3-4. [0011] The heater is thermally coupled to the outer tub; see fig. 4, bottom surface of outer tub 28) and at least one chamber side wall extending from the base surface (annular side wall of outer tub 28; fig. 3-4);
a humidification tub configured to contain a supply of water (inner tub 30 containing water 36; fig. 3-4), the humidification tub comprising a thermally conductive base (see fig. 4, bottom surface of inner tub 30. [0020] heat is transported by the gas flow through the aperture and transferred from the bottom of the outer tub to the bottom of the inner tub. Examiner notes that for heat to be transferred from the bottom of the outer tub to the bottom of the inner tub, the bottom of the inner tub must be thermally conductive), at least one tub side wall extending from the thermally conductive base (annular side wall of inner tub 30; fig. 3-4),and an inlet configured to receive a flow of pressurized breathable gas ([0039] After the gas has flown nearly once around the inner tub 30 it flows through the aperture 31 into the evaporating space 22 inside the inner tub 30; fig. 3-4), the humidification tub being removably positionable at least partially within the humidification chamber ([0015] A removable inner tub, which serves as a storage tank for the liquid, facilitates the refilling of liquid and the cleaning of the evaporator) so that the thermally conductive base comes into contact with the base surface (see fig. 4) surface when the humidification tub is received by the humidification chamber ([0020] heat is transported by the gas flow through the aperture and transferred from the bottom of the outer tub to the bottom of the inner tub), the humidification tub being configured to receive the flow of pressurized breathable gas and output the flow of pressurized breathable gas with increased humidity ([0039] the gas is blown through an inlet 24 into an annular heating space 23 between the circumferential surfaces of the inner and the outer tub. After the gas has flown nearly once around the inner tub 30 it flows through the aperture 31 into the evaporating space 22 inside the inner tub 30, where it sweeps over the surface of a liquid, e.g. water 36. The gas, humidified or accumulated with liquid molecules or atoms, is then conducted out of the center of both tubs through the outlet channel 33 toward the outlet 25. Examiner notes the incoming “gas” is pressurized as it comes from respirator as disclosed in [0002-0003]); and
a sealing arrangement that forms a flow path for the flow of pressurized breathable gas between the humidification tube and the at least one chamber side wall and is configured to so that heat from the heating element in the base surface pre-heats the pressurized breathable gas before the pressurized breathable gas enters the humidification tub ([0039] the gas is blown through an inlet 24 into an annular heating space 23 between the circumferential surfaces of the inner and the outer tub. After the gas has flown nearly once around the inner tub 30 it flows through the aperture 31 into the evaporating space 22 inside the inner tub 30, where it sweeps over the surface of a liquid, e.g. water 36. The gas, humidified or accumulated with liquid molecules or atoms, is then conducted out of the center of both tubs through the outlet channel 33 toward the outlet 25; fig. 3-4)
Genger is silent as to wherein the flow path formed by the sealing arrangement comprises a first portion configured to direct the flow of pressurized breathable gas downward toward the base surface of the humidification chamber upon entering the humidification chamber, a second portion configured to guide the pressurized breathable gas around at least a portion of a perimeter of the humidification tub and prevent the pressurized breathable gas from flowing upward, and a third portion that directs the flow of pressurized breathable gas upward toward the inlet of the humidification tub.
However, Bao teaches a humidifier (title) comprising an outer wall forming a humidification chamber (outer side wall 123; fig. 12), an inner wall forming a humidifier tub (inner wall 124; fig. 12), and a sealing arrangement that forms a flow path for the flow of pressurized breathable gas between the humidification tub and at least one chamber side wall ([0063] insulating channel 132 and pathway from first outlet 133 to fluid reservoir inlet 129; fig. 12), wherein the flow path formed by the sealing arrangement comprises a first portion configured to direct the flow of pressurized breathable gas downward toward the base surface of the humidification chamber upon entering the humidification chamber (see [0063-0064] and fig. 12, first portion of insulating channel 132 after exiting inlet 126 circling around and downward. [0064] air enters through the chamber inlet(s) 126, near the top of the insulated humidification chamber), a second portion configured to guide the pressurized breathable gas around at least a portion of a perimeter of the humidification tub and prevent the pressurized breathable gas from flowing upward (see [0063-0064] and fig. 12, second portion of insulating channel 132 in the bottom half of the chamber. [0064] passes through the helical insulating channel 132 towards the first, lower chamber outlet 133. gas is blocked from flowing upward by the guide walls 131, see [0054], that form the helical/spiral path), and a third portion that directs the flow of pressurized breathable gas upward toward the inlet of the humidification tub (see [0063-0064] and fig. 12, third portion from chamber outlet 133 to fluid reservoir inlet 129. [0064] The warm air passes through the flow generator inlet 134 and is blown through the flow generator 135, where more heat is added by the energy and heat dissipation from the flow generator motor. The warm air exits the flow generator 135 through the generator outlet 136 and is blown into the fluid reservoir 125 of the insulated humidification chamber by passing through the fluid reservoir inlet(s) 129; fig. 12).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the annular heating space of Genger to implement a helical/spiral channel for controlling the gases flow down and around the heating space and including a flow generator to blow the heated air upward into humidification tub, in order to increase the retention time of air within the heating space which can increase the heat transferred to the incoming air from the water reservoir that would ordinarily be wasted and therefore reduces the energy required to heat air within the fluid reservoir, as taught by Bao [0066].
Regarding claim 2, modified Genger teaches the apparatus of claim 1, wherein a portion of the flow path is located in a lower portion of the humidification chamber and in the proximity of the base surface (Genger: see fig. 3-4, annular heating space 23 is formed around the entire outer perimeter of inner tub 30 and inner perimeter of outer tub 28, including a lower portion of both tubs, and in proximity to heater 27. The modification of Bao includes a portion of the flow path located in the lower portion of the humidification chamber and in proximity to the base surface).
Regarding claim 4, modified Genger teaches the apparatus of claim 1, wherein the flow path is formed between the at least one chamber side wall and the at least one tub side wall (Genger: [0039] an annular heating space 23 between the circumferential surfaces of the inner and the outer tub; fig. 3-4).
Regarding claim 5, modified Genger teaches the apparatus of claim 4, wherein the sealing arrangement is configured to direct the flow of pressurized breathable gas through the flow path along at least a portion of the perimeter of at least a lower portion of the humidification tub (Genger: [0039] the gas is blown through an inlet 24 into an annular heating space 23 between the circumferential surfaces of the inner and the outer tub. After the gas has flown nearly once around the inner tub 30 it flows through the aperture 31 into the evaporating space 22 inside the inner tub 30. see fig. 3-4, annular heating space 23 is formed around the entire outer perimeter of inner tub 30 and inner perimeter of outer tub 28, including a lower portion of both tubs. Examiner notes that as gas is introduced to the annular heating space 23, given the characteristics of gas, the gas will flow throughout the pathway, including the lower portion of the inner tub 30).
Regarding claim 6, modified Genger teaches the apparatus of claim 5, wherein an entrance of the flow path (Genger: entrance at inlet 24; fig. 3) is disposed at least 180° around the perimeter of the humidification tub from an exit of the flow path (Genger: exit at aperture 31 leading to evaporating space 22 pathway formed by spiral shaped internal parts 32; fig. 3) (entrance at inlet 24 is disposed greater than 180° around the perimeter of inner tub 30 from exit at aperture 31; fig. 3).
Regarding claim 7, modified Genger teaches the apparatus of claim 6, wherein the entrance of the flow path is disposed approximately 360° around the perimeter of the humidification tub from the exit of the flow path (Genger: entrance at inlet 24 is disposed approximately 360° around the perimeter of inner tub 30 from exit at aperture 31; fig. 3).
Regarding claim 8, modified Genger teaches the apparatus of claim 2, but is silent as to wherein the sealing arrangement comprises a first pathway seal (Bao: guiding system 130/131 (not labeled) of insulating channel 132; fig. 12. see [0054], helical/spiral path is formed by guide walls 131 and gas is blocked from flowing upward by the guide walls 131 as indicated in modification above. [0054] the wall cavity 128 may comprise a guiding system 130 that guides the air to follow a circuitous or tortuous path through the wall cavity 128. In one form, the guiding system 130 may be in the form of a guide 131 extending from the one or more inner side wall(s) 124 to the one or more outer side wall(s) 123 across the wall cavity 128. In one form, the guide 131 may be in the form of a guide wall 131; fig. 6-8, 12, and 17) configured to form a seal with at least portions of the at least one chamber side wall and the at least one tub side wall (Bao: [0054] the guiding system 130 may be in the form of a guide 131 extending from the one or more inner side wall(s) 124 to the one or more outer side wall(s) 123 across the wall cavity 128. In one form, the guide 131 may be in the form of a guide wall 131. The guide system 130 may extend horizontally across the wall cavity 128. The guide system 130 may be oriented at an angle to the chamber base 121. The guide system 130 may therefore extend around a perimeter of the inner side wall(s) 124 to define a helical or spiral path through the wall cavity. In other words, the guide system 130, and therefore the guide 131 may be a helical structure extending between the inner side wall(s) 124 and the outer side wall(s) 123, and extending upwards from or from near to the base 121 towards the top wall 122; fig. 7-8, 12, and 17).
Regarding claim 9, modified Genger teaches the apparatus of claim 8, wherein the first pathway seal is a face seal (Applicant defines a face seal in [0330] to be: the sealing surface may be substantially perpendicular to the direction of engagement) (Bao: [0054] the guiding system 130 may be in the form of a guide 131 extending from the one or more inner side wall(s) 124 to the one or more outer side wall(s) 123 across the wall cavity 128. In one form, the guide 131 may be in the form of a guide wall 131. The guide system 130 may extend horizontally across the wall cavity 128; fig. 6-8. Examiner notes that the sealing surface of guide 131 is facing up and down and is therefore substantially perpendicular to the horizontal direction of engagement to the outer/inner wall).
Regarding claim 13, modified Genger teaches the apparatus of claim 8, wherein the first pathway seal forms a superior boundary of the flow path (Bao: see [0054], helical/spiral path is formed by guide walls 131 and gas is blocked from flowing upward by the guide walls 131 as indicated in modification above; fig. 12).
Regarding claim 14, modified Genger teaches the apparatus of claim 8, wherein the humidifier chamber comprises an opening configured to receive the flow of pressurized gas (Genger: inlet 24; fig. 3-4), and wherein the first pathway seal is located inferior to the chamber opening (Bao: the guide walls 131 are located inferior to the chamber inlet 126; fig. 12).
Modified Genger is silent as to a flow generator providing the flow of pressurized gas.
Genger teaches [0039] gas is blown through an inlet 24 into an annular heating space 23.
Bao teaches [0041] Gas may be drawn into the flow generator 101 through the gas inlet 102 due to the rotation of an impeller of the motor of the blower 106. The gas may then be propelled out of the gas outlet 104 and along the first conduit 110. The gas may enter the gas humidifier 112 through the humidifier inlet 116; fig. 1.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Genger to implement a flow generator to supply gas to the inlet of the humidifier as taught Bao in order to provide a reliable source of gas flow.
Regarding claim 15, modified Genger teaches the apparatus of claim 8, wherein the first pathway seal is configured to direct the flow of pressurized breathable gas along the flow path (Bao: [0054] the guide system 130, and therefore the guide 131 may be a helical structure extending between the inner side wall(s) 124 and the outer side wall(s) 123, and extending upwards from or from near to the base 121 towards the top wall 122. see fig. 7-8, 12, and 17, guiding system 130 directs gas flow towards the fluid reservoir inlets 129) toward the inlet of the humidification tub (As per the modification above, the guide system of Bao would direct the flow of gas along the annular heating space 23 toward the aperture 31 (fig. 3-4) in a similar fashion as stated in Bao [0054] and shown in fig. 12).
Regarding claim 16, modified Genger teaches the apparatus of claim 8, further comprising a second pathway seal spaced apart from the first pathway seal (Genger: bottom surface of annular heating space 23 forms a lower seal of pathway (fig. 4) and is spaced apart from modified guide system of Bao) and configured to seal with the at least one chamber side wall and the at least one tub side wall(Genger: bottom surface of annular heating space 23 contacts annular side wall of outer tub 28 and annular side wall of inner tub 30 forming a seal).
Regarding claim 17, modified Genger teaches the apparatus of claim 16, wherein the second pathway seal forms an inferior boundary of the pathway in use (Genger: bottom surface of annular heating space 23 forms a lower seal of pathway).
Regarding claim 18, modified Genger teaches the apparatus of claim 16, wherein the second pathway seal is a face seal (Applicant defines a face seal in [0330] to be: the sealing surface may be substantially perpendicular to the direction of engagement) (Genger: Examiner notes that the sealing surface of bottom surface of annular heating space 23 is facing up and is therefore substantially perpendicular to the horizontal direction of engagement to the outer wall 28/inner wall 30).
Regarding claim 19, modified Genger teaches the apparatus of claim 16, wherein the second pathway seal is integrally formed on the at least one chamber side wall (Genger: bottom surface of annular heating space 23 is integrally formed with annular side wall of outer tub 28; fig. 4), and is configured to contact a chamfered edge of the at least one tub side wall when the humidification tub is positioned within the humidification chamber (Genger: bottom surface of annular heating space 23 contacts a chamfered edge of the inner side wall 30 (curved edge where the bottom surface of inner tub 30 transitions into annular side wall of inner tub 30) when inner tub 30 is positioned into outer tub 28; fig. 4).
Regarding claim 20, modified Genger teaches the apparatus of claim 16, wherein the second pathway seal contacts the base surface, in use (Genger: bottom surface of annular heating space 23 contacts heater 27 at bottom surface of outer tub 28).
Regarding claim 21, Genger discloses the apparatus of claim 4, but is silent as to further comprising a bypass seal disposed proximate to an entrance of the flow path (Bao: see [0054], guiding system 130/guide walls 131 proximate to inlet 126; fig. 12), and configured to form a portion of the flow path in which the flow of pressurized breathable gas is directed in a downward direction (see fig. 12, air flow arrows).
Regarding claim 22, Genger discloses the apparatus of claim 4, but is silent as to wherein a first width between the at least one chamber side wall and the at least one tub side wall at an entrance of the flow path (entrance at inlet 24) is less than a second width between the at least one chamber side wall and the at least one tub side wall at an exit of the flow path(exit at aperture 31).
However, Bao teaches a humidifier (title) comprising an outer wall forming a humidification chamber (outer side wall 123; fig. 6-10), an inner wall forming a humidifier tub (inner wall 124; fig. 6-10), and a pathway (wall cavity 128; fig. 6-10) wherein a first width between the at least one chamber side wall and the at least one tub side wall at an entrance of the flow path(entrance at inlet 126; fig. 7-8) is less than a second width between the at least one chamber side wall and the at least one tub side wall at an exit of the flow path (exit at reservoir inlet 129; fig. 7-8) (width between outer side wall 123 and inner side wall 124 at entrance at 126 is less than width between outer side wall 123 and inner side wall 124 at exit 129 is due to curvature towards the top of side walls; see fig. 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the width between the outer tub side wall and inner side wall to be increase due to a curvature towards a top of the sidewalls, as taught by Bao, as doing so would provide a smoother transition for the gas flow to enter the humidification tub, as opposed to the sharper corner taught by fig. 4 of Genger.
Regarding claim 23, Genger discloses the apparatus of claim 4, but is silent as to wherein the humidification chamber further includes a chamber lid (lid 29; fig. 4) hingedly attached to the at least one chamber side wall and pivotably movable between an open position and a closed position.
However, another embodiment of humidifier of Genger (fig. 1-2) includes wherein the humidification chamber (outer tub 8; fig) further includes a chamber lid (lid 9; fig. 1-2) hingedly attached to the at least one chamber side wall and pivotably movable between an open position and a closed position ([0031] In FIG. 1, only a part of the lid 9 is shown, namely in an opened position. The lid 9 may be attached to the outer tub 8 by means of hinges 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the embodiment of fig. 3-4 of Genger to implement hinges attached to the side wall of the outer tub in order to easily open and close the humidification chamber, as taught by Genger [0031].
Regarding claim 24, modified Genger teaches the apparatus of claim 23, but is silent as to wherein the chamber lid includes an entry opening configured to cooperate with exit of the flow path (exit at aperture 31 leading to evaporating space 22 pathway formed by spiral shaped internal parts 32; fig. 3) when the chamber lid is in the closed position.
However, Bao teaches a humidifier (title) comprising a chamber lid ([0047] the top wall 122. In one form, the top wall 122 may comprise an openable lid. The lid may be configured to hinge from the chamber 120. The lid may be configured to disengage from or detach from the chamber 120 to be completely removed from the chamber 120; fig. 2-14) including an entry opening configured to cooperate with exit of the flow path (exit at fluid reservoir inlet 129 leading to humidification zone within humidification chamber 120; fig. 6-8) when the chamber lid is in the closed position ([0061] After breathing gas/air is blown into the inlet 126 of the humidification chamber 120, the air passes along the gas flow path through the helical insulating channel 132. The air is then directed to the fluid reservoir 125, through one or more fluid reservoir inlets 129, where the air is humidified before passing through the delivery outlet 127. In one form, as shown in FIGS. 6 to 8, an outlet baffle 137 prevents air directed into the water reservoir from directly passing through the outlet 127. The obstruction caused by the outlet baffle 137 keeps the air circulating within the fluid reservoir 125 for longer by reducing its ability to flow directly from the fluid reservoir inlets 129 to the delivery outlet 127; fig. 6-8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include an entry opening in the form of the delivery outlet at the chamber lid, as taught by Bao, as it would have been obvious substitution of one known element for another, using the delivery outlet on the lid as taught by Bao in place of the outlet of Genger, and would provide predictable results, directing the flow of humidified air from the humidification tub to external of the humidification chamber, as taught by Bao [0061], thereby cooperating with an exit at aperture 31 leading to evaporating space 22 pathway formed by spiral shaped internal parts 32.
Regarding claim 25, modified Genger teaches the apparatus of claim 24, wherein the entry opening (Bao: delivery outlet 127; fig. 6-8) includes a substantially vertical portion (Bao: outlet baffle 137; fig. 6-8) and a substantially horizontal portion (Bao: horizontal plane between delivery outlet 127 and outlet baffle 137; fig. 6-8), the substantially vertical portion configured to extend into the exit of the flow path (As per the modification above, the lid of Genger includes the outlet baffle 137 of Bao which extends into the inner tub 30 and into the evaporating space 22 pathway, which in conjunction with aperture 31 forms the pathway exit), and the substantially horizontal portion extending at least partially over a tub opening configured to provide communication to an interior of the humidification tub (Bao: horizontal plane between delivery outlet 127 and outlet baffle 137 partially covers a central portion of the tub opening and communicates to an interior of the tub as gas is drawn from the interior of the tub to an exterior of the chamber; fig. 6-8. As per the modification above, horizontal plane portion between delivery outlet 127 and outlet baffle 137 would provide the same function in modified Genger).
Regarding claim 26, modified Genger teaches the apparatus of claim 24, wherein in an operational configuration the entry opening is located superior to the flow path(As per the modification above, the delivery outlet is disposed on a lid of the inner and outer tub which is located superior to the annular heating space 22).
Regarding claim 32, Genger discloses the apparatus of claim 1, but is silent as to further comprising:
a flow generator having a flow generator outlet, and being configured to supply the flow of pressurized breathable gas,
wherein:
the flow generator outlet is disposed upstream from the humidification chamber, and the flow of pressurized breathable gas is configured to flow from the flow generator outlet to the humidification chamber, and
the flow path is configured so that a temperature of the flow of pressurized breathable gas entering the humidification tub is higher than the temperature of the flow of pressurized breathable gas exiting the flow generator outlet, in use.
However, Bao teaches respiratory therapy system (100; fig 1) comprising a flow generator having a flow generator outlet ([0039] The flow generator 101 may comprise a gas inlet 102 and a gas outlet 104; fig. 1), and being configured to supply the flow of pressurized breathable gas ([0039]The flow generator 101 may comprise a blower 106. The blower 106 may comprise a motor. The motor may comprise a stator and a rotor. The rotor may comprise a shaft. An impeller may be linked to the shaft. In use, the impeller may rotate concurrently with the shaft to draw in gas from the gas inlet 102. The flow generator 101 may pass gas through the gas outlet 104 to a first conduit 110. The first conduit 110 may pass the gas to a gas humidifier 112; fig. 1),
wherein:
the flow generator outlet is disposed upstream from the humidification chamber (see [0039] and fig. 1), and the flow of pressurized breathable gas is configured to flow from the flow generator outlet to the humidification chamber ([0039]The flow generator 101 may pass gas through the gas outlet 104 to a first conduit 110. The first conduit 110 may pass the gas to a gas humidifier 112; fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Genger to implement a flow generator to supply gas to the inlet of the humidifier as taught Bao in order to provide a reliable source of gas flow.
Modified Genger teaches the flow path is configured so that a temperature of the flow of pressurized breathable gas entering the humidification tub is higher than the temperature of the flow of pressurized breathable gas exiting the flow generator outlet, in use (Genger: [0010] A gas is heated in a heating space positioned between an inner tub and an outer tub. ([0039] the gas is blown through an inlet 24 into an annular heating space 23 between the circumferential surfaces of the inner and the outer tub. After the gas has flown nearly once around the inner tub 30 it flows through the aperture 31 into the evaporating space 22 inside the inner tub 30, where it sweeps over the surface of a liquid, e.g. water 36. The gas, humidified or accumulated with liquid molecules or atoms, is then conducted out of the center of both tubs through the outlet channel 33 toward the outlet 25. Examiner notes that gas is heated in the annular heating space thereby making the gas entering the inner tub is at a higher temperature than a gas entering the outer tub).
Regarding claim 33, modified Genger teaches the apparatus of claim 32, but is silent as to wherein the flow generator is integrally coupled to the humidification chamber.
However, Bao teaches [0043] In some configurations, the flow generator 101 and the gas humidifier 112 may be integrated or may share a housing. In some configurations, the first conduit 110 may not be present. In some such configurations, the flow generator 101 may, for example, directly communicate gases to the gas humidifier 112.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of modified Genger to implement the flow generator and humidifier to be integrated or share a housing in order to directly communicate gases to the gas humidifier, as taught by Bao [0043].
Regarding claim 35, modified Genger teaches the apparatus of claim 32, wherein the flow path is at least partially defined by a first pathway seal (Bao: guiding system 130/131 (not labeled) of insulating channel 132; fig. 12), the first pathway seal contacting at least portions of the at least one chamber sidewall and the at least one tub side wall in a sealing arrangement in use (Bao: [0054] the guiding system 130 may be in the form of a guide 131 extending from the one or more inner side wall(s) 124 to the one or more outer side wall(s) 123 across the wall cavity 128. In one form, the guide 131 may be in the form of a guide wall 131. The guide system 130 may extend horizontally across the wall cavity 128; see fig. 12), and wherein in an operational configuration the flow generator outlet (Bao: inlet 126 of humidifier 120 is connected to the flow generator outlet (not shown); fig. 12) is located superior to the first pathway seal (Bao: guiding system 130/131 (not labeled) of insulating channel 132; fig. 12), in use (Bao: see fig. 12).
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Genger et al. (US20080245365A1) and Bao (US20210220600A1) as applied to claim 8 above, and further in view of Voegele et al. (DE10016005A1).
Regarding claim 10, modified Genger teaches the apparatus of claim 8, but does not explicitly disclose wherein the first pathway seal is integrally formed on the at least one chamber side wall and is configured to contact the at least one tub side wall when the humidification tub is positioned within the humidification chamber.
Bao teaches [0054] the guiding system 130 may be in the form of a guide 131 extending from the one or more inner side wall(s) 124 to the one or more outer side wall(s) 123 across the wall cavity 128. See fig. 7-8, 12, and 17, the guiding system is integrally formed with both the inner side wall 124 and outer side wall 123.
However, Voegele teaches a humidifier (fig. 1-4) comprising a guiding system integrally formed on the chamber side wall ([0031] Fig. 4 shows a simplified plan view of a receiving part 1 which has a plurality of centering ribs 25, via which a humidifying water pot can be held positioned inside the receiving part 1. In the interior of the receiving part 1, a line device 27 is formed by corresponding further webs 26, via which breathing gas can flow from the connecting piece 4 into the humidification water pot (not shown)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the guiding system of modified Genger to be integrally formed on the chamber side wall in order to define a helical/spiral path through the annular heating space when the inner tub is positioned in the outer tub while allowing for the inner tub to be removed from the outer tub for cleaning or maintenance, as taught by Voegele [0009].
Regarding claim 11, modified Genger teaches the apparatus of claim 10, wherein each of the at least one chamber side wall and the at least one tub side wall is a side wall or a face wall (Genger: both annular side wall of outer tub 28 and annular side wall of inner tub 30 are side walls and face walls (i.e. they form a face of the tub)).
Regarding claim 12, modified Genger teaches the apparatus of claim 11, wherein at least a portion of the at least one chamber side wall is perpendicular to the base surface (Genger: annular side wall of outer tub 28 is perpendicular to bottom surface of outer tub 28; fig. 4) and at least a portion of the at least one tub side wall is perpendicular to the thermally conductive base (Genger: annular side wall of inner tub 30 is perpendicular to bottom surface of inner tub 30; fig. 3-4), and wherein the portion of the at least one chamber side wall and the portion of the at least one tub side wall are configured to be vertically oriented in use (see fig. 4).
Claim(s) 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Genger et al. (US20080245365A1) and Bao (US20210220600A1) as applied to claim 23 above, and further in view of Virr et al. (US20110155132A1).
Regarding claim 27, modified Genger teaches the apparatus of claim 23, but is silent as to further comprising a lid closure assembly to selectively lock the chamber lid to the at least one chamber side wall.
However, Virr teaches a humidifier (14; fig. 1-3) comprising a lid closure assembly to selectively lock the chamber lid to the at least one chamber side wall ([0110] the humidifier cradle 32 supports a lid closure member 42 that is movable between an open position and a closed position. The lid opening member 28 is provided at an end of the lid closure member 42 as shown in FIG. 6. The lid closure member 42 comprises latches 44 that are configured to engage catches 15 of the lid 18 and retain the lid 18 in the closed position. The lid closure member 42 comprises a rod, or post, 48 that supports a spring 46 that biases the lid closure member 42 into the closed position. To open the lid 18, the opening member 28 is pushed by the user against the bias of the spring 46, to the right in FIG. 5, to move the latches 44, and the lid closure member 42, to the open position. When the user releases the lid opening member 28, the bias of the spring 46 returns the lid closure member 42 and the latches 44 to the closed position; fig. 5-6. See catches15 of lid 18 in fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of Genger to implement a lid closure member on the outer tub side wall configured to engage catches on the lid in order to move the lid between an open position and a closed position retaining the lid, as taught by Virr [0110].
Regarding claim 28, modified Genger teaches the apparatus of claim 27, wherein the lid closure assembly includes a lid opening member (Virr: [0110] lid opening member 28; fig. 5-6), a spring (Virr: [0110] spring 46; fig. 5-6), and a latch (Virr: [0110] latches 44; fig. 5-6).
Regarding claim 29, modified Genger teaches the apparatus of claim 28, wherein the lid opening member is slidably coupled to the at least one chamber side wall to move the latch between a locked position and an unlocked position (Virr: [0110] To open the lid 18, the opening member 28 is pushed by the user against the bias of the spring 46, to the right in FIG. 5, to move the latches 44, and the lid closure member 42, to the open position. When the user releases the lid opening member 28, the bias of the spring 46 returns the lid closure member 42 and the latches 44 to the closed position; fig. 5-6), the latch being configured to mechanically engage a catch of the chamber lid in the locked position in order to retain the chamber lid in the closed position (Virr: [0110] The lid closure member 42 comprises latches 44 that are configured to engage catches 15 of the lid 18 and retain the lid 18 in the closed position; fig. 5-6. See catches15 of lid 18 in fig. 3), the spring biasing the latch into the locked position (Virr: [0110] The lid closure member 42 comprises a rod, or post, 48 that supports a spring 46 that biases the lid closure member 42 into the closed position. When the user releases the lid opening member 28, the bias of the spring 46 returns the lid closure member 42 and the latches 44 to the closed position; fig. 5-6).
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Genger et al. (US20080245365A1) and Bao (US20210220600A1) as applied to claim 1 above, and further in view of Bayer et al. (US20150030317A1).
Regarding claim 30, Genger discloses the apparatus of claim 1, but is silent as to further comprising a chamber wall seal, wherein the chamber comprises an opening configured to receive the flow of pressurized breathable gas (Genger: inlet 24; fig. 3-4), and wherein the chamber wall seal surrounds the chamber opening (Genger: inlet 24; fig. 3-4).
Modified Genger is silent as to a flow generator providing the flow of pressurized gas.
Genger teaches [0039] gas is blown through an inlet 24 into an annular heating space 23.
Bao teaches [0041] Gas may be drawn into the flow generator 101 through the gas inlet 102 due to the rotation of an impeller of the motor of the blower 106. The gas may then be propelled out of the gas outlet 104 and along the first conduit 110. The gas may enter the gas humidifier 112 through the humidifier inlet 116; fig. 1.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Genger to implement a flow generator to supply gas to the inlet of the humidifier as taught Bao in order to provide a reliable source of gas flow.
Additionally, Bayer teaches a humidifier (1; fig. 1-3) comprising a chamber wall seal surrounds the chamber opening ([0034] The humidifier inlet 8 preferably comprises an adapter having a sealing lip 10; fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the inlet of Genger to implement a sealing lip in order to provide sealing, as taught by Bayer [0018], for a connected element.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Genger et al. (US20080245365A1) and Bao (US20210220600A1) as applied to claim 1 above, and further in view of Letton (US20190134343A1).
Regarding claim 31, Genger discloses the apparatus of claim 1, but is silent as to wherein the thermally conductive base (see fig. 4, bottom surface of inner tub 30) includes a metal surface.
However, Letton teaches a thermally conductive base for a humidifier tub includes a metal surface (When the humidification chamber 50 is inserted into a complimentary humidification compartment in the respiratory device, the protruding contact surface 94 of the water tub 54 rests upon or abuts a heater base or pad within the compartment, which may be of a complimentary size and shape, although this is not essential. The heat from the heater base is then transferred through the thermally conductive (e.g. metal) contact surface 94 to the volume of water within the water tub via conduction as will be appreciated; fig. 5-6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the thermally conductive base of Genger to implement a metal contact surface for the transfer of heat from the heater to the water tub via conduction, as taught by Letton [0159].
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Genger et al. (US20080245365A1) and Bao (US20210220600A1) as applied to claim 1 above, and further in view of Bayer et al. (US20150030317A1).
Regarding claim 34, modified Genger teaches the apparatus of claim 32, wherein the humidification chamber comprises an opening configured to receive the flow of pressurized breathable gas from the flow generator (Genger: inlet 24; fig. 3-4), but is silent as to comprising a chamber wall seal surrounding the humidification chamber opening, and wherein the flow generator outlet contacts the chamber wall seal in a sealing arrangement.
However, Bayer teaches a humidifier inlet (8; fig. 1-3) comprising a chamber wall seal ([0034] The humidifier inlet 8 preferably comprises an adapter having a sealing lip 10; fig. 3).
Additionally, Bao teaches [0039] The flow generator 101 may comprise a gas inlet 102 and a gas outlet 104. [0043] In some configurations, the flow generator 101 and the gas humidifier 112 may be integrated or may share a housing. In some configurations, the first conduit 110 may not be present. In some such configurations, the flow generator 101 may, for example, directly communicate gases to the gas humidifier 112.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of modified Genger to implement a sealing lip in order to provide sealing, as taught by Bayer [0018], for a connected element, such as the flow generator outlet connected to the humidifier inlet, as taught by Bao [0043].
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.
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/M.I.A./Examiner, Art Unit 3785
/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785