DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/24/2026 has been entered.
Response to Arguments
This office action is in response to the Request for Continued Examination filed on 08/24/2026. The amendments are: claims 1- 20 are pending, claims 1 – 6 & 9 – 16 are amended, claim 22 has been added and claim 21 has been cancelled.
Applicant's arguments filed 08/24/2026 have been fully considered but they are not persuasive. The applicant argues the claim limitation “a straight virtual line segment farthest from the rotation axis does not intersect the fan unit, however, based on the broadest reasonable interpretation the examiner considers Hoffman does disclose this claim limitation. Because various line segments can exist between the two support members, it can be broadly interpreted multiple lines can connect to be between said two support members. Based on this, the office action goes more into detail about what that would look like. Claims 2 -20 would maintain the rejection based on the dependency on claim 1.
Applicant's arguments filed 08/24/2026 have been fully considered but they are not persuasive. The applicant argues the claim limitation in claim 22 “the straight virtual line segment farthest from the rotation axis does not intersect an outer periphery of the fan unit, and the first and second support members are attached to the outer periphery of the fan unit”, however, the same broadest reasonable interpretation from claim 1 is used in this case making the rejection be maintained.
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 – 20 and 22 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),
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Figure 5: Annotated figure 5 from App. US 8427020 B2
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) between the fan unit 12 and the delivery tube 22 relative to the rotation axis (Figure 5),
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Figure 5.2: Annotated Figure 5 from App. US 8427020 B2
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 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 third support member and the second support member 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.
Modified Hoffman discloses wherein in the view from the rotation axis (see annotated Figure 5) direction of the fan 56, of straight virtual line segments allowed to be drawn between the first support member 108 and the second support member 108 (Note: the examiner considers this to mean there can be many virtual lines that are between the first and second support members), a straight virtual line segment farthest from the rotation axis does not intersect the fan unit 12 (see annotated Figure 5).
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Figure 5.1: 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 the 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 12 (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, the straight virtual line segment farthest from the rotation axis does not intersect the fan 56 (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 the view from the rotation axis (see annotated Figure 5) direction of the fan 56, of the straight 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 straight 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 the view from the rotation axis (see annotated Figure 5) direction of the fan 56, of the straight 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 straight virtual line segment equally distanced from a straight virtual line segment closest to the rotation axis and the straight virtual line segment farthest from the rotation axis among the straight 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).
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Figure 5.4: Annotated Figure 5 from App. US 8427020 B2
Regarding claim 6, 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 (see annotated Figure 5) 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).
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Figure 5.3: Annotated Figure 5 from App. US 8427020 B2
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 5.3) and the rotation axis. (see annotated Figure 5.3)
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 12 in the 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 the view from the rotation axis direction of the fan 56 (see annotated Figure 5), the straight 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 the view from the rotation axis direction of the fan 56 (see annotated Figure 5), of the straight 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 12, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 3.
Modified Hoffman discloses wherein in the view from the rotation axis direction of the fan 56 (see annotated Figure 5), of the straight 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 13, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 2.
Modified Hoffman discloses wherein in the 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 the 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 the 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 the 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 5.3)
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 5.3)
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 5.3)
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 5.3)
Regarding claim 22, Modified Hoffman discloses the continuous positive airway pressure device as claimed in claim 1.
Modified Hoffman discloses wherein the straight virtual line segment farthest from the rotation axis does not intersect an outer periphery of the fan unit 12 (see annotated Figure 5.1), and the first and second support members 108 (see annotated Figure 5) are attached to the outer periphery of the fan unit 12. (Figure 5)
Conclusion
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
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