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 Arguments
This office action is responsive to Request for Reconsideration files on . As directed by the amendment: claims 1 – 20 are pending, no claims were cancelled, claim 21 has been added & claims 1 – 20 have been amended.
Applicant’s arguments, see Page 10, filed 02/06/2026, with respect to claim objections have been fully considered and are persuasive. The objections of the claims have been withdrawn.
Applicant's arguments filed 02/06/2026 have been fully considered but they are not persuasive. The amendment added to claim 1 “a distance between the third support member and the first support member and a distance between the first support member and the second support member are both longer than a distance between the first support member and the second support member” was not considered at the time of the rejection. However, Howard provided permission for the support members to be provided in any configuration. (Column 11, lines 45 – 58) Because the art provided permission, it would be well in the skill in the art to move them at different distances to provide support and it does teach it can move them for the needs of the device.
Applicant's arguments filed 02/06/2026 have been fully considered but they are not persuasive. Applicant argues Howard does not expressly disclose the limitation and it relies on a broad teaching with encompasses, but does not specifically disclose the claimed embodiment. However, Howard provides permission for the support members to be added in any configuration (Column 11, lines 45 – 58) and it would be well in the skill in the art to move the support members at different distances to provide support as it teaches it can move them for the needs of the device.
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.
Claim(s) 1 – 21 are rejected under 35 U.S.C. 103 as being unpatentable by Hoffman et al. US 8427020 B2.
Regarding claim 1, A continuous positive airway pressure device, comprising:
a main body case 120 (Column 5, last paragraph);
a blower 10 housed inside the main body case 120 (Column 5, last paragraph); and
three or more support members 108 interposed between the main body case 120 and the blower 10, and configured to support the blower 10 inside the main body case 120 (Column 6, First Paragraph),
wherein the blower 10 includes a fan unit housing 12 a fan 56 configured to send air by being rotated (Column 8, Paragraph 3, lines 32 – 34), and a delivery tube 22 through which the air sent from the fan 56 passes (Column 6, lines 52 – 54), and
in a view from a direction of a rotation axis of the fan 56 (see annotated Figure 5),
first and second support members 108 (see annotated Figure 5) of the support members 108 are disposed to pinch the blower 10 on a side of a connection point (see annotated Figure 5.2 / Note: the examiner considers the connection point to be found between the fan unit and the delivery tube) to be between the fan unit 56 and the delivery tube 22 relative to the rotation axis (Figure 5), and
a third support member 108 (see annotated Figure 5) different from the first and second support members (see annotated Figure 5) of the support members 108 is disposed on a side opposite to the connection point relative to the rotation axis Figure 5).
Modified Hoffman does not expressly disclose a distance between the third support member and the first support member and a distance between the third support member and the second support member are both longer than a distance between the first support member and the second support member.
However, it does disclose the support members 108 can be provided in any configuration. (Column 11, lines 45 – 58)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filling date to further modify Hoffman to have the support members 108 be provided in any configuration in order to effectively support the blower assembly while attenuating or dampening vibrations such as radial and/or axial vibration generated by the rotation of the fan. (Column 11, lines 45 – 58) It would be well in the skill in the art to move the support members at different distances to provide support as it teaches it can move them for the needs of the device.
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Figure 5: Annotated figure 5 from App. US 8427020 B2
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Figure 5.1: Annotated Figure 5 from App. US 8427020 B2
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Figure 5.2: Annotated Figure 5 from App. US 8427020 B2
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Figure 5.3: Annotated Figure 5 from App. US 8427020 B2
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Figure 5.4: Annotated Figure 5 from App. US 8427020 B2
Regarding claim 2, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 1.
Modified Hoffman discloses wherein in a view from the rotation axis (see annotated Figure 5) direction of the fan 56, the first support member (see annotated Figure 5) and the second support member (see annotated Figure 5) are disposed to pinch the fan unit 56 (Figure 5 / Note: the examiner considers 108 of Hoffman to be holding/pinching the fan in place), and the support members 108 are not disposed between the delivery tube and the main body case (Figure 5 & 9 - 10).
Regarding claim 3, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 1.
Modified Hoffman discloses wherein in a view from the rotation axis direction of the fan 56, of virtual line segments allowed to be drawn between the first support member (see annotated Figure 5) and the second support member (see annotated Figure 5), a virtual line segment farthest from the rotation axis does not intersect the fan (see annotated Figure 5.1).
Regarding claim 4, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 1.
Modified Hoffman discloses wherein in a view from the rotation axis (see annotated Figure 5.2) direction of the fan 56, of the virtual line segments (see annotated Figure 5.1) allowed to be drawn between the first support member (see annotated Figure 5) and the second support member (see annotated Figure 5), at least some of the virtual line segments do not intersect any of the fan 56 and the delivery tube 22 (see annotated Figure 5.1).
Regarding claim 5, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 4.
Modified Hoffman discloses wherein in a view from the rotation axis (see annotated Figure 5.2) direction of the fan 56, of the virtual line segments (see annotated Figure 5.1) allowed to be drawn between the first support member (see annotated Figure 5) and the second support member (see annotated Figure 5), an intermediate virtual line segment equally distanced from a virtual line segment closest to the rotation axis and a virtual line segment farthest from the rotation axis among the virtual line segments orthogonal to a direction in which a straight line passing through the rotation axis and the connection point extends does not intersect any of the fan and the delivery tube (see annotated Figure 5.4).
Regarding claim 6, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 1.
Modified Hoffman discloses wherein in a view from the rotation axis (see annotated Figure 5.2) direction of the fan 56, in a case that the blower 10 is divided into a first region (see annotated Figure 5.3) on the connection point side and a second region (see annotated Figure 5.3) on a side opposite to the connection point (see annotated Figure 5.3) by a boundary being a straight line (see annotated Figure 5.3) passing through the rotation axis and orthogonal to another straight line (see annotated Figure 5.3) passing through the rotation axis and the connection point (see annotated Figure 5.3), the first support member (see annotated Figure 5) and the second support member (see annotated Figure 5) support the blower 10 in the first region (see annotated Figure 5.3), the third support member (see annotated Figure 5) supports the blower 10 in the second region (see annotated Figure 5.3).
Regarding claim 7, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 1.
Modified Hoffman discloses wherein the third support member (see annotated Figure 5) is disposed on the other straight line passing through the connection point (see annotated Figure 5) and the rotation axis. (see annotated Figure 5.2)
Regarding claim 8, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 7.
Modified Hoffman does not expressly disclose a distance between the third support member and the first support member and a distance between the third support member and the second support member are both longer than a distance between the first support member and the second support member.
However, it does disclose the support members 108 can be provided in any configuration. (Column 11, lines 45 – 58)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filling date to further modify Hoffman have the support members 108 be provided in any configuration in order to effectively support the blower assembly while attenuating or dampening vibrations such as radial and/or axial vibration generated by the rotation of the fan. (Column 11, lines 45 – 58)
Regarding claim 9, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 1.
Modified Hoffman discloses wherein all of the support members 108 are disposed at outer side portions of the fan unit 56 in a view from the rotation axis (see annotated Figure 5) direction of the fan 56. (Figure 5)
Regarding claim 10, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 2.
Modified Hoffman discloses wherein in a view from the rotation axis direction of the fan 56 (see annotated Figure 5), of virtual line segments (see annotated Figure 5.1) allowed to be drawn between the first support member (see annotated Figure 5) and the second support member (see annotated Figure 5), a virtual line segment (see annotated Figure 5.1) farthest from the rotation axis (see annotated Figure 5) does not intersect the fan 56. (see annotated Figure 5.1)
Regarding claim 11, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 2.
Modified Hoffman discloses wherein in a view from the rotation axis direction of the fan 56 (see annotated Figure 5), of virtual line segments (see annotated Figure 5.1) allowed to be drawn between the first support member (see annotated Figure 5) and the second support member (see annotated Figure 5), at least some of the virtual line segments do not intersect any of the fan 56 and the delivery tube 22.
Regarding claim 12, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 3.
Modified Hoffman discloses wherein in a view from the rotation axis direction of the fan 56 (see annotated Figure 5), of virtual line segments (see annotated Figure 5.1) allowed to be drawn between the first support member (see annotated Figure 5) and the second support member (see annotated Figure 5), at least some of the virtual line segments do not intersect any of the fan 56 and the delivery tube 22.
Regarding claim 13, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 2.
Modified Hoffman discloses wherein in a view from the rotation axis (see annotated Figure 5.2) direction of the fan 56, in a case that the blower 10 is divided into a first region (see annotated Figure 5.3) on a side of the connection point side and a second region (see annotated Figure 5.3) on a side opposite to the connection point (see annotated Figure 5.3) by a boundary being a straight line (see annotated Figure 5.3) passing through the rotation axis and orthogonal to another straight line (see annotated Figure 5.3) passing through the rotation axis and the connection point (see annotated Figure 5.3),
the first support member (see annotated Figure 5) and the second support member (see annotated Figure 5) support the blower 10 in the first region (see annotated Figure 5.3),
the third support member (see annotated Figure 5) supports the blower 10 in the second region (see annotated Figure 5.3),
Hoffman does not expressly disclose a distance between the third support member and the first support member and a distance between the third support member and the second support member are both longer than a distance between the first support member and the second support member.
However, it does disclose the support members 108 can be provided in any configuration. (Column 11, lines 45 – 58)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filling date to further modify Hoffman to have the support members 108 be provided in any configuration in order to effectively support the blower assembly while attenuating or dampening vibrations such as radial and/or axial vibration generated by the rotation of the fan. (Column 11, lines 45 – 58)
Regarding claim 14, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 3.
Modified Hoffman discloses wherein in a view from the rotation axis (see annotated Figure 5.2) direction of the fan 56, in a case that the blower 10 is divided into a first region (see annotated Figure 5.3) on the connection point side and a second region (see annotated Figure 5.3) on a side opposite to the connection point (see annotated Figure 5.3) by a boundary being a straight line (see annotated Figure 5.3) passing through the rotation axis and orthogonal to another straight line (see annotated Figure 5.3) passing through the rotation axis and the connection point (see annotated Figure 5.3), the first support member (see annotated Figure 5) and the second support member (see annotated Figure 5) support the blower 10 in the first region (see annotated Figure 5.3), the third support member (see annotated Figure 5) supports the blower 10 in the second region (see annotated Figure 5.3),
Modified Hoffman does not expressly disclose a distance between the third support member and the first support member and a distance between the third support member and the second support member are both longer than a distance between the first support member and the second support member.
However, it does disclose the support members 108 can be provided in any configuration. (Column 11, lines 45 – 58)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filling date to further Hoffman to have the support members 108 be provided in any configuration in order to effectively support the blower assembly while attenuating or dampening vibrations such as radial and/or axial vibration generated by the rotation of the fan. (Column 11, lines 45 – 58)
Regarding claim 15, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 4.
Modified Hoffman discloses wherein in a view from the rotation axis (see annotated Figure 5.2) direction of the fan 56, in a case that the blower 10 is divided into a first region (see annotated Figure 5.3) on the connection point side and a second region (see annotated Figure 5.3) on a side opposite to the connection point (see annotated Figure 5.3) by a boundary being a straight line (see annotated Figure 5.3) passing through the rotation axis and orthogonal to another straight line (see annotated Figure 5.3) passing through the rotation axis and the connection point (see annotated Figure 5.3), the first support member (see annotated Figure 5) and the second support member (see annotated Figure 5) support the blower 10 in the first region (see annotated Figure 5.3), the third support member (see annotated Figure 5) supports the blower 10 in the second region (see annotated Figure 5.3),
Modified Hoffman does not expressly disclose a distance between the third support member and the first support member and a distance between the third support member and the second support member are both longer than a distance between the first support member and the second support member.
However, it does disclose the support members 108 can be provided in any configuration. (Column 11, lines 45 – 58)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filling date to further modify Hoffman to have the support members 108 be provided in any configuration in order to effectively support the blower assembly while attenuating or dampening vibrations such as radial and/or axial vibration generated by the rotation of the fan. (Column 11, lines 45 – 58)
Regarding claim 16, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 5.
Modified Hoffman discloses wherein in a view from the rotation axis (see annotated Figure 5.2) direction of the fan 56, in a case that the blower 10 is divided into a first region (see annotated Figure 5.3) on the connection point side and a second region (see annotated Figure 5.3) on a side opposite to the connection point (see annotated Figure 5.3) by a boundary being a straight line (see annotated Figure 5.3) passing through the rotation axis and orthogonal to another straight line (see annotated Figure 5.3) passing through the rotation axis and the connection point (see annotated Figure 5.3), the first support member (see annotated Figure 5) and the second support member (see annotated Figure 5) support the blower 10 in the first region (see annotated Figure 5.3), the third support member (see annotated Figure 5) supports the blower 10 in the second region (see annotated Figure 5.3),
Modified Hoffman does not expressly disclose a distance between the third support member and the first support member and a distance between the third support member and the second support member are both longer than a distance between the first support member and the second support member.
However, it does disclose the support members 108 can be provided in any configuration. (Column 11, lines 45 – 58)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filling date to further modify Hoffman to have the support members 108 be provided in any configuration in order to effectively support the blower assembly while attenuating or dampening vibrations such as radial and/or axial vibration generated by the rotation of the fan. (Column 11, lines 45 – 58)
Regarding claim 17, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 2.
Modified Hoffman discloses wherein the third support member (see annotated Figure 5) is disposed on the other straight line passing through the connection point (see annotated Figure 5) and the rotation axis. (see annotated Figure 5.2)
Regarding claim 18, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 3.
Modified Hoffman discloses wherein the third support member (see annotated Figure 5) is disposed on the other straight line passing through the connection point (see annotated Figure 5) and the rotation axis. (see annotated Figure 5.2)
Regarding claim 19, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 4.
Modified Hoffman discloses wherein the third support member (see annotated Figure 5) is disposed on the other straight line passing through the connection point (see annotated Figure 5) and the rotation axis. (see annotated Figure 5.2)
Regarding claim 20, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 5.
Modified Hoffman discloses wherein the third support member (see annotated Figure 5) is disposed on the other straight line passing through the connection point (see annotated Figure 5) and the rotation axis. (see annotated Figure 5.2)
Regarding claim 21, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 1.
Modified Hoffman discloses wherein in the view from the rotation axis direction of the fan 56 (see annotated Figure 5), of virtual line segments allowed to be drawn between the first support member (see annotated Figure 5.5) and the second support member (see annotated Figure 5.5), a virtual line segment farthest from the rotation axis does not intersect the fan unit 56 (see annotated Figure 5.5).
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Figure 5.5: Annotated Figure 5 from App. US 8427020 B2
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 GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRACIELA NATALIA LEBRON DE JESUS/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785