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
Claim 58 objected to because of the following informalities: it appears that the second line should recite “…a reservoir…” instead of “…s reservoir….” Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 and 5-59 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miller et al. (US 10,449,320), hereinafter (“Miller”).
Re claims 1-3 and 5-50, Miller discloses an apparatus for treatment of a respiratory condition, the apparatus comprising: a pressure generator (Fig 1, 102) configured to generate a flow of breathable gas; an intermediate component (Fig 2B, 200) pneumatically connected to an air delivery tube (112), the intermediate component comprising a port (212) configured to facilitate propagation of sound outside of the intermediate component; a sensor (Fig 2C, 300) positioned adjacent the port of the intermediate component, the sensor configured to sense sound propagated through the port (c. 4, l. 10+; see also c. 10, l. 38+); a chassis (Fig 3) including a chassis opening (312); and a controller (111) configured to: receive a sound signal generated by the sensor as a result of sensing sound during operation of the apparatus, analyze the received sound signal, and effect a response based at least in part on the analyzing (c. 4, l. 10+; see also c. 10, l. 38+), wherein the port in the intermediate component is located on a first side of the chassis opening and the sensor is positioned on a second side of the chassis opening (Figs 2A-2C).
Re claim 51, Miller discloses an apparatus for treatment of a respiratory condition, the apparatus comprising: a pressure generator (102) configured to generate a flow of breathable gas; an intermediate component (Fig 2B, 200) pneumatically connected to an air delivery tube, the intermediate component comprising a port (212) configured to facilitate propagation of sound outside of the intermediate component, the intermediate component including a port seal (see c. 5, l. 42+ discussing seals for port 212) configured to surround the port; the port seal including a peripheral sealing formation including a lip configured to abut a surface of a chassis (Fig 3, 300) around an opening in the chassis when the intermediate component is coupled to a humidifier; a sensor (300) positioned adjacent the port of the intermediate component, the sensor configured to sense sound propagated through the port; and a controller (111) configured to: receive a sound signal generated by the sensor as a result of sensing sound during operation of the apparatus, analyse the received sound signal, and effect a response based at least in part on the analysing (c. 4, l. 10+; see also c. 10, l. 38+).
Re claim 52, Miller discloses the apparatus according to claim 51, wherein the lip extends from perimeter of the port at an angle above the port and toward a central axis of the port (this is considered an inherent and/or, in the alternative, an obvious modification).
Re claim 53, Miller (Fig 1) discloses the apparatus according to claim 51, wherein the intermediate component is configured to pneumatically connect an air delivery tube to the pressure generator.
Re claim 54, Miller discloses the apparatus according to claim 51, where the response comprises 1) recording a result of the analysing; 2) displaying a result of the analysing; 3) forwarding a result of the analysing; and/or 4) controlling operation of the pressure generator based at least in part on the analysing.
Re claim 55, Miller discloses an apparatus for treatment of a respiratory condition, the apparatus comprising: a pressure generator (102) configured to generate a flow of breathable gas; an intermediate component (Fig 2B, 200) pneumatically connected to an air delivery tube, the intermediate component comprising a port (212) configured to facilitate propagation of sound outside of the intermediate component; a sensor (Fig 2C) positioned adjacent the port of the intermediate component, the sensor configured to sense sound propagated through the port; and a controller configured to: receive a sound signal generated by the sensor as a result of sensing sound during operation of the apparatus, analyse the received sound signal, and effect a response based at least in part on the analysing, wherein 1) the intermediate component is configured to pneumatically connect the air delivery tube to a water reservoir, and to mechanically connect the air delivery tube to a water reservoir dock; and/or 2) the air delivery tube is configured to form mechanical and electrical connections (see Fig 1). simultaneously when the air delivery tube is connected to the intermediate component.
Re claim 56, Miller (Fig 1) discloses the apparatus according to claim 55, wherein the intermediate component is configured to pneumatically connect an air delivery tube to the pressure generator.
Re claim 57, Miller discloses the apparatus according to claim 55, where the response comprises 1) recording a result of the analysing; 2) displaying a result of the analysing; 3) forwarding a result of the analysing; and/or 4) controlling operation of the pressure generator based at least in part on the analysing (c. 4, l. 10+; see also c. 10, l. 38+).
Re claim 58, Miller discloses an apparatus for treatment of a respiratory condition, the apparatus comprising: a pressure generator (102) configured to generate a flow of breathable gas; a reservoir dock (Fig 1, 106) including a dock opening; an intermediate component (Fig 2B, 200) configured to be removably inserted into the dock opening such that when the intermediate component is fully inserted into the dock opening the intermediate component is arranged to receive the flow of breathable gas, the intermediate component being adapted to pneumatically connect to a patient air delivery tube, the intermediate component comprising a port (212) configured to facilitate propagation of sound from an area inside of the intermediate component to an area outside of the intermediate component; and a sensor (Fig 2C) disposed at a fixed position and arranged to be aligned with the port when the intermediate component is fully inserted into the dock opening, the sensor being spaced a pre-determined distance from the port and configured to sense sound propagated from the port when the intermediate component is fully inserted into the dock opening.
Re claim 59, Miller discloses the apparatus according to claim 58, further comprising a chassis (Fig 3, 300), a portion of the chassis being positioned between the sensor and the intermediate component (Fig 2A), an opening (Fig 3, 312) formed in the chassis and aligned with both the sensor and the port, the opening arranged to, in use, allow the sound to propagate from the port through the opening and to the sensor.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 REGINALD S TILLMAN, JR whose telephone number is (571)270-7010. The examiner can normally be reached M-F 830-530.
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/REGINALD S TILLMAN, JR/Primary Examiner, Art Unit 3641