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 .
Claim Objections
Claims 1 and 29 are objected to because of the following informalities:
Both claims 1 and 29 recite “…at least one cannister, each cannister…”. Due to the presence of the term “at least one cannister”, the limitation could be met with just a single cannister. However, the subsequent term of “each cannister” in the same line implies there is more than one cannister. The Examiner recommends amending with language to clarify whether one or more than more cannisters are required by the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "the sealing mechanism" in line 2, however no sealing mechanism has been introduced in claim 2, in which claim 10 depends upon. Thus, there is insufficient antecedent basis for this limitation in the claim. Furthermore, it is unclear from the claim language if the “sealing mechanism” recited in claim 10 is intended to be the same mechanism as the “connection mechanism” used in claim 2, or if is intended to be a distinct and separate mechanism. Claims 11-13 are similarly rejected based on their dependency to claim 10.
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.
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.
Claim(s) 1-2, 8, 15, 18, 21, 24, 27, 29-30, 36, and 52 rejected under 35 U.S.C. 103 as being unpatentable over Pelletier et al. (US 8,388,745 B1) in view of Gannon (2,593,132).
Regarding claim 1, Pelletier discloses a sieve bed assembly for a portable oxygen concentrator (sieve bed modules 12 for portable oxygen concentrator 10, Figure 1 and Col. 4 lines 1-5), the sieve bed assembly including at least one canister (two sieve bed modules 12, Figure 1), each canister of the sieve bed assembly comprising: an inlet (sieve module inlet port 38 supplying gas to sieve module 12 such that the supplied gas travels through tube 82 and into a diffuser 84, Figures 4-5 and Col. 4 lines 44-45 and Col. 6 lines 5-10); an outlet (sieve module outlet port 40, Figures 4-5); and a housing defining an internal chamber between the inlet and the outlet (housing 50 defining internal chamber 58, Figure 3), the internal chamber comprising a first section disposed adjacent to the inlet (a diffuser section 84 is positioned within the housing 50 at the second end 56 of the housing such that the gas traveling through the tube 82 first enters said diffuser section 84, Col. 6 lines 16-37 and annotated Figure 3 below), the first section including a receptacle containing a desiccant (diffuser section 84 may comprise a filler material 88 such as a desiccant material, such as silica gel, in order to reduce moisture in the gas before reaching the adsorptive media bed 90, Col. 6 lines 30-31 and Figure 3), the internal chamber further comprising a second section disposed adjacent to the outlet (housing 50 comprises a second section comprising an adsorptive media bed 90 that is bounded by the diffuser 84 and the material 92, annotated Figure 3 and Col. 6 lines 52-60), the second section including a gas separation adsorbent (adsorptive bed 90 includes a zeolite material for separating nitrogen from ambient air, Figure 4 and Col. 6 lines 60-64), wherein the inlet and the outlet are in fluid communication with the internal chamber (annotated Figure 3), and wherein the receptacle is disposed between the inlet and the gas separation adsorbent to remove water from fluid entering the internal chamber via the inlet (diffuser section 84 containing desiccant material 88 is disposed between the inlet region and the adsorptive bed 90 such that moisture is removed in the gas prior to reaching the adsorptive bed 90, annotated Figure 3 and Col. 6 lines 30-35).
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Annotated Figure 3
Although Pelletier teaches a receptacle within the cannister housing in which the desiccant is held (diffuser section 84 comprising desiccant material 88 of housing 50, Figure 3), further teaching the sieve modules 12 to be user-replaceable (Figure 1 and Abstract), Pelletier doesn’t explicitly state the first section containing the desiccant to be user-replaceable.
However, Gannon teaches a cannister (cannister 10, Figure 1) comprising a first section containing a desiccant (cylindrical member 34 disposed within cannister 10, member 34 contains desiccant material 40, Figure 4 and Col. 3 lines 42-45), wherein the first section containing the desiccant material is user-replaceable (see cylindrical member 34 being a distinct structure disposed within the overall cannister, when can be unscrewed from the head 15 when the desiccant material becomes well saturated, therefore user-replaceable, Figure 4 and Col. 4 lines 4-10).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Pelletier’s device such that the section of the cannister comprising the desiccant material is user-replaceable, as taught by Gannon, as providing this structure as being removable and/or replaceable allows for the user to remove and replace the desiccant material easily after the desiccant becomes well saturated (Col. 4 lines 4-10 of Gannon).
Regarding claim 2, Pelletier in view of Gannon teach the sieve bed assembly of claim 1, with Gannon further teaching a connection mechanism for coupling the user-replaceable receptacle to the canister, wherein the connection mechanism is operable between an unconnected position and a connected position (the member 34 comprising the desiccant material 40 is screwed and/or unscrewed to the overall cannister body 10 via the screwing action of the head 15 and a coil spring 29, Figure 4 and Col. 4 lines 30-35).
Regarding claim 8, Gannon further teaches wherein the connection mechanism includes a push-in port with an O-ring to seal the coupling of the user-replaceable receptacle to the canister (connection mechanism of the member 34 is secured to a plate 31 using an annular gasket 27, Figure 4 and Col. 3 lines 25-28).
Regarding claim 15, Pelletier further teaches wherein the desiccant is in (i) a matrix form or (ii) a sintered form (see desiccant material 88 in a matrix form, Figure 3).
Regarding claim 18, Pelletier further teaches wherein the gas separation adsorbent is removable from the canister (absorptive media bed 90 may be removed from housing 50, Col. 6 lines 50-51 and Figure 3).
Regarding claim 21, Pelletier further teaches wherein the housing comprises a removable cap to allow a user to gain access to the internal chamber (housing includes a door 18 allowing access to the internal chamber, Figure 4).
Regarding claim 24, Pelletier further teaches a separator layer disposed between the user-replaceable receptacle and the gas separation adsorbent (separator wall 86 disposed between diffuser 84 containing desiccant 88 and the gas adsorbent media bed 90, Figure 3).
Regarding claim 27, Pelletier further teaches wherein the outlet of the canister (i) is on the same end as the inlet of the canister (inlet 38 of cannister disposed on same end of the outlet 40 of cannister, Figure 4).
Regarding claim 29, Pelletier teaches a portable oxygen concentrator (portable oxygen concentrator 10, Figure 1 and Col. 4 lines 4-5), comprising: a compression system including a compressor (oxygen concentrator 10 includes a compressor 24, Figure 1 and Col. 4 lines 39-41), wherein the compressor is coupled to a sieve bed assembly, the sieve bed assembly including at least one canister (two sieve bed modules 12, Figure 1), each canister of the sieve bed assembly comprising: an inlet (sieve module inlet port 38 supplying gas to sieve module 12 such that the supplied gas travels through tube 82 and into a diffuser 84, Figures 4-5 and Col. 4 lines 44-45 and Col. 6 lines 5-10); an outlet (sieve module outlet port 40, Figures 4-5); and a housing defining an internal chamber between the inlet and the outlet (housing 50 defining internal chamber 58, Figure 3), the internal chamber comprising a first section disposed adjacent to the inlet (a diffuser section 84 is positioned within the housing 50 at the second end 56 of the housing such that the gas traveling through the tube 82 first enters said diffuser section 84, Col. 6 lines 16-37 and annotated Figure 3 below), the first section including a receptacle containing a desiccant (diffuser section 84 may comprise a filler material 88 such as a desiccant material, such as silica gel, in order to reduce moisture in the gas before reaching the adsorptive media bed 90, Col. 6 lines 30-31 and Figure 3), the internal chamber further comprising a second section disposed adjacent to the outlet (housing 50 comprises a second section comprising an adsorptive media bed 90 that is bounded by the diffuser 84 and the material 92, annotated Figure 3 and Col. 6 lines 52-60), the second section including a gas separation adsorbent (adsorptive bed 90 includes a zeolite material for separating nitrogen from ambient air, Figure 4 and Col. 6 lines 60-64), wherein the inlet and the outlet are in fluid communication with the internal chamber (annotated Figure 3), and wherein the receptacle is disposed between the inlet and the gas separation adsorbent to remove water from fluid entering the internal chamber via the inlet (diffuser section 84 containing desiccant material 88 is disposed between the inlet region and the adsorptive bed 90 such that moisture is removed in the gas prior to reaching the adsorptive bed 90, annotated Figure 3 and Col. 6 lines 30-35).
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Annotated Figure 3
Although Pelletier teaches a receptacle within the cannister housing in which the desiccant is held (diffuser section 84 comprising desiccant material 88 of housing 50, Figure 3), further teaching the sieve modules 12 to be user-replaceable (Figure 1 and Abstract), Pelletier doesn’t explicitly state the first section containing the desiccant to be user-replaceable.
However, Gannon teaches a cannister (cannister 10, Figure 1) comprising a first section containing a desiccant (cylindrical member 34 disposed within cannister 10, member 34 contains desiccant material 40, Figure 4 and Col. 3 lines 42-45), wherein the first section containing the desiccant material is user-replaceable (see cylindrical member 34 being a distinct structure disposed within the overall cannister, when can be unscrewed from the head 15 when the desiccant material becomes well saturated, therefore user-replaceable, Figure 4 and Col. 4 lines 4-10).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Pelletier’s device such that the section of the cannister comprising the desiccant material is user-replaceable, as taught by Gannon, as providing this structure as being removable and/or replaceable allows for the user to remove and replace the desiccant material easily after the desiccant becomes well saturated (Col. 4 lines 4-10 of Gannon).
Regarding claim 30, Pelletier in view of Gannon teach the sieve bed assembly of claim 29, with Gannon further teaching a connection mechanism for coupling the user-replaceable receptacle to the canister, wherein the connection mechanism is operable between an unconnected position and a connected position (the member 34 comprising the desiccant material 40 is screwed and/or unscrewed to the overall cannister body 10 via the screwing action of the head 15 and a coil spring 29, Figure 4 and Col. 4 lines 30-35).
Regarding claim 36, Gannon further teaches wherein the connection mechanism includes a push-in port with an O-ring to seal the coupling of the user-replaceable receptacle to the canister (connection mechanism of the member 34 is secured to a plate 31 using an annular gasket 27, Figure 4 and Col. 3 lines 25-28).
Regarding claim 52, Pelletier teaches a receptacle for a portable oxygen concentrator comprising: a containment structure comprising an inlet and an outlet (diffuser section 84 may comprise a filler material 88 such as a desiccant material, such as silica gel, in order to reduce moisture in the gas before reaching the adsorptive media bed 90, Col. 6 lines 30-31 and Figure 3; see annotated Figure 3 below for inlet and outlet locations); a desiccant disposed within the containment structure (diffuser section 84 may comprise a filler material 88 such as a desiccant material, such as silica gel, in order to reduce moisture in the gas before reaching the adsorptive media bed 90, Col. 6 lines 30-31 and Figure 3); a gas separation adsorbent (housing 50 comprises a second section comprising an adsorptive media bed 90 that is bounded by the diffuser 84 and the material 92, annotated Figure 3 and Col. 6 lines 52-60), such that water entering the gas separation adsorbent is reduced (diffuser section 84 may comprise a filler material 88 such as a desiccant material, such as silica gel, in order to reduce moisture in the gas before reaching the adsorptive media bed 90, Col. 6 lines 30-31 and Figure 3).
Although Pelletier teaches a receptacle within the cannister housing in which the desiccant is held (diffuser section 84 comprising desiccant material 88 of housing 50, Figure 3), further teaching the sieve modules 12 to be user-replaceable (Figure 1 and Abstract), Pelletier doesn’t explicitly state the receptacle containing the desiccant to be user-replaceable, a connection mechanism for coupling the outlet, and the connection mechanism being operable between an unconnected position and a connected position such that when the connection mechanism is in the connected position.
However, Gannon teaches a cannister (cannister 10, Figure 1) comprising a first section containing a desiccant (cylindrical member 34 disposed within cannister 10, member 34 contains desiccant material 40, Figure 4 and Col. 3 lines 42-45), wherein the first section containing the desiccant material is user-replaceable (see cylindrical member 34 being a distinct structure disposed within the overall cannister, when can be unscrewed from the head 15 when the desiccant material becomes well saturated, therefore user-replaceable, Figure 4 and Col. 4 lines 4-10), further teaching a connection mechanism (connection mechanism of the member 34 is secured to a plate 31 using an annular gasket 27, Figure 4 and Col. 3 lines 25-28).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Pelletier’s device such that the section of the cannister comprising the desiccant material is user-replaceable, via action of a connection mechanism, as taught by Gannon, as providing this structure as being removable and/or replaceable allows for the user to remove and replace the desiccant material easily after the desiccant becomes well saturated (Col. 4 lines 4-10 of Gannon).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Pelletier et al. (US 8,388,745 B1) in view of Gannon (2,593,132) and in further view of Wilkinson et al. (US 2015/0231551 A1).
Regarding claim 19, Pelletier in view of Gannon teach the sieve bed assembly of claim 1, with Pelletier further teaching wherein the gas separation adsorbent is in fluid communication with a gas separation adsorbent inlet disposed between the user-replaceable receptacle and the gas separation adsorbent (see annotated Figure 3 above showing adsorptive media bed 90 in fluid communication with an inlet disposed between the diffuser 84 and the media bed 90), however is silent wherein the gas separation adsorbent inlet including another desiccant separate and distinct from the desiccant contained in the user-replaceable receptacle.
However, Wilkinson teaches a sieve bed assembly comprising at least one cannister (sieve bed assembly comprising cannisters 302, 304, Paragraph 0047 and Figure 11) wherein the cannisters comprising a gas separation adsorbent inlet (gas separation adsorbent, Paragraph 0167) wherein multiple layers of desiccant material may be used (desiccant layers may be used to remove water or other impurities, Paragraph 0168).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Pelletier’s device by including another desiccant layer separate from the desiccant contained in the diffuser section, as taught by Wilkinson, as providing multiple layers of desiccant material may further enhance the device’s water removal capabilities.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Pelletier et al. (US 8,388,745 B1) in view of Gannon (2,593,132) and in further view of Zapol et al. (US 2018/0243527 A1).
Regarding claim 20, Pelletier in view of Gannon teach the sieve bed assembly of claim 1, with Pelletier further teaching wherein the user-replaceable receptacle includes a desiccant outlet adjacent to the gas separation adsorbent (see annotated Figure 3 above showing the diffuser 84 outlet adjacent to the adsorptive media bed 90), however is silent wherein the desiccant outlet including a hydrophobic material therein.
However, Zapol teaches a respiratory gas delivery system (abstract and Figure 1) comprising a water trap intended to remove moisture from the gas (water trap used to collect moisture from gas, Paragraph 0705), wherein the water trap includes a desiccant and a hydrophobic material (drying may be achieved via a chemical desiccant, hydrophobic membrane, etc., Paragraph 0705).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Pelletier’s device by including a hydrophobic material in addition to the desiccant material, as taught by Zapol, as providing a hydrophobic material and/or membrane may further assist in the removal of moisture within the cannister.
Claim(s) 25 is rejected under 35 U.S.C. 103 as being unpatentable over Pelletier et al. (US 8,388,745 B1) in view of Gannon (2,593,132) and in further view of Dickerson (US 2006/0000223 A1).
Regarding claim 25, Pelletier in view of Gannon teach the sieve bed assembly of claim 1, however are silent on a sensor disposed within the canister to monitor water removal effectiveness of the user-replaceable receptacle.
However, Dickerson teaches a desiccant cartridge (Abstract and Figure 1) comprising a sensor disposed within the canister to monitor water removal effectiveness of the user-replaceable receptacle (desiccant cartridge can comprise an indicator that indicates the amount of moisture present in the desiccant material, the indicator can be an electronic bases moisture sensor such as a hydrometer, Paragraph 0067).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Pelletier’s device by including a sensor disposed within the cannister to monitor the water removal effectiveness of the desiccant material, as taught by Dickerson, as providing such a sensor allows for the user to determine if the desiccant material is fully saturated with moisture and needs to be replaced, or if it is performing in an effective manner.
Claim(s) 47 is rejected under 35 U.S.C. 103 as being unpatentable over Pelletier et al. (US 8,388,745 B1) in view of Gannon (2,593,132) and in further view of Wilkinson et al. (US 2015/0231551 A1).
Regarding claim 47, Pelletier in view of Gannon teach the portable oxygen concentrator of claim 29, with Pelletier further teaching wherein the gas separation adsorbent is in fluid communication with a gas separation adsorbent inlet disposed between the user-replaceable receptacle and the gas separation adsorbent (see annotated Figure 3 above showing adsorptive media bed 90 in fluid communication with an inlet disposed between the diffuser 84 and the media bed 90), however is silent wherein the gas separation adsorbent inlet including another desiccant separate and distinct from the desiccant contained in the user-replaceable receptacle.
However, Wilkinson teaches a sieve bed assembly comprising at least one cannister (sieve bed assembly comprising cannisters 302, 304, Paragraph 0047 and Figure 11) wherein the cannisters comprising a gas separation adsorbent inlet (gas separation adsorbent, Paragraph 0167) wherein multiple layers of desiccant material may be used (desiccant layers may be used to remove water or other impurities, Paragraph 0168).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Pelletier’s device by including another desiccant layer separate from the desiccant contained in the diffuser section, as taught by Wilkinson, as providing multiple layers of desiccant material may further enhance the device’s water removal capabilities.
Allowable Subject Matter
Claims 3-4, 7, 10-13, and 31-32 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 claims 3-4, 7, 10-13, and 31-32, these claims are directed towards a connecting mechanism between the user-replaceable receptacle and the second section of the chamber, wherein the connecting mechanism comprises a sealing mechanism configured to seal the second section of the chamber following removal of the user-replaceable receptacle from the chamber, wherein the mechanism includes a bayonet connector or spring-based plate, further including a protruding member configured to engage the spring-biased plate, further comprising an electronic valve structure disposed between the user-replaceable receptacle and the gas separation adsorbent. Although Gannon teaches a user-replaceable “first section” of the chamber, and a connecting mechanism between said first section of the chamber and the housing of the chamber, Gannon does not teach a connecting mechanism between said first section of the chamber and a second section of the chamber (i.e. two distinct sections within the internal chamber sealed to one another). A radical modification of both Pelletier’s and Gannon’s devices would be required in order to achieve the internal chamber structure as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785