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 10, 18, and 25 are objected to because of the following informalities:
Claim 10, line 2, “a hydrogen gas generating device further comprising:” should read “a hydrogen gas generating device comprising”
Claim 18, line 2, “a hydrogen gas generating device further comprising:” should read “a hydrogen gas generating device comprising”
Claim 25, line 2, “a hydrogen gas generating device further comprising:” should read “a hydrogen gas generating device comprising”
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 18-20, 22, 24-27, 29, and 30 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 18 recites the limitation "a breathing tube coupled to the oxygen gas generator configured to receive a first oxygen a first oxygen gas generated by an oxygen generating device" in lines 15-16. There is insufficient antecedent basis for the oxygen gas generator in this limitation in the claim. Additionally, it is unclear if “the oxygen generator” is the same as “an oxygen generating device” or if they are two different oxygen generating devices, therefore, rendering the claim indefinite. For purposes of examination, the limitation is being read as “a breathing tube coupled to an oxygen gas generator and configured to receive a first oxygen gas generated by the oxygen gas generator”.
Claims 19, 20, 22, and 24 are also rejected due to being dependent on claim 18.
Claim 25 recites the limitation "a breathing tube coupled to the oxygen gas generator configured to receive a first oxygen a first oxygen gas generated by an oxygen generating device" in lines 15-16. There is insufficient antecedent basis for the oxygen gas generator in this limitation in the claim. Additionally, it is unclear if “the oxygen generator” is the same as “an oxygen generating device” or if they are two different oxygen generating devices, therefore, rendering the claim indefinite. For purposes of examination, the limitation is being read as “a breathing tube coupled to an oxygen gas generator and configured to receive a first oxygen gas generated by the oxygen gas generator”.
Claims 26, 27, 29, and 30 are also rejected due to being dependent on claim 25.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 10, 11, 13, 14, and 25-27 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 20190062934) in view of Lin (2) (US 20180002824) and further in view of Yamamori (CN 107810027) and its translation (EspaceNet Yamamori).
Regarding claim 10, Lin discloses
A mixed gas generating system (fig. 1c; water electrolysis device 1 with electrolyzer, air supplying tube, and air pump; abstract and [0060]), comprising:
a hydrogen gas generating device (see fig. 1a-1b), further comprising:
an electrolytic cell configured to generate a hydrogen gas when electrolyzing water (see figs. 2a-2b; ion-exchange membrane electrolyzer 12 is configured for electrolyzing water to generate hydrogen gas; [0043]);
an integrated flow channel device coupled to the electrolytic cell (see figs. 6 and 11; flow path channel is created from electrolyzer 12 to gas separation tank 30 to filter 60 to gas tube 11 to atomization tank 16);
a filter (fig. 11; filter 60 with filter core 602; [0060] engaged with the integrated flow channel device (see figs. 6 and 11; flow path channel is created from electrolyzer 12 to gas separation tank to filter 60 to gas tube 11 to atomization tank 16) and configured to filter the hydrogen gas generated by the electrolytic cell (fig. 11; “the filter 60 filters the impurities in the hydrogen gas”; [0060]); and
a gas generator configured to generate a first gas (figs. 6 and 11; air pump 13 delivers air through air duct 132 into air supplying interface 112; [0060]);
wherein the hydrogen gas and the first gas are mixed to each other to form a mixed gas (fig. 11; “The air in the duct 132 and the air supplying interface 112 may be guided into the air supplying tube 11 by the design of the lead angle A to dilute the hydrogen gas in the air supplying tube 11; [0060]).
Lin does not explicitly disclose a condensing filter; a humidification cup engaged with the integrated flow channel device and configured to humidify the hydrogen gas; an oxygen gas generator configured to generate a first oxygen gas; wherein the hydrogen gas and the first oxygen gas are mixed to each other to form a mixed gas.
Lin (2) discloses a gas generator with
an integrated flow channel device (figs. 2-6; gas pathway 141; [0020] and [0024]-[0027]) coupled to the electrolytic cell (figs. 2-6; the gas with hydrogen from electrolytic gas connecting channel 1831 of electrolytic cell 12 enters the gas pathway 141 through inlet 144; [0023]-[0025]);
a condensing filter engaged with the integrated flow channel device (figs. 2-6; condensing filter 14 has inlet 144 and cent 145 which are connected to gas pathway 141 respectively; [0025]) and configured to filter the hydrogen gas generated by the electrolytic cell (figs. 2-6; The filter 142 of condensing filter 14, filters out impurities in the gas with hydrogen to generate a filtered gas with hydrogen; [0025]); and
a humidification cup engaged with the integrated flow channel device (figs. 2-6; humidification device 18 with humidification tank 183 is connected to condensing filter 14 which comprises the gas pathway 141; [0024]-[0028]; therefore, the humidification device 18 engages the gas pathway 141) and configured to humidify the hydrogen gas (figs. 2-6; wherein the humidification device 18 is used for further moisturizing (humidifying) the filtered gas with hydrogen; [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolysis device of Lin with the gas pathway, condensing filter, and humidification cup of Lin (2) to further filter out impurities in the gas with hydrogen to provide a more suitable healthy gas for humans to breathe (Lin (2); [0030]).
The modified device of Lin does not disclose an oxygen gas generator configured to generate a first oxygen gas; and wherein the hydrogen gas and the first oxygen gas are mixed to each other to form a mixed gas.
Yamamori discloses an apparatus for supplying therapeutic gases
an oxygen gas generator configured to generate a first oxygen gas (fig. 1; gas supply port 11 which contains air (21% oxygen) and gas supply port 12 which contains pure oxygen (100%); [0034]-[0035]);
wherein the hydrogen gas (therapeutic gas hydrogen from therapeutic gas generating unit 10; [0036]) and the first oxygen gas are mixed to each other to form a mixed gas (see fig. 1; Hydrogen (output of mass flow controller 141) and oxygen (output of mass flow controller 142) are mixed together in tube 143; [0047], [0044]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air pump and air supplying tube of the modified device of Lin with the gas supply ports and mass flow controllers of Yamamori to mix oxygen and hydrogen providing a greater therapeutic effect of hydrogen on patients (Yamamori: [0046]).
Regarding claim 11, the modified device of Lin further discloses
the mixed gas generating system (Lin: water electrolysis device 1; Lin (2): condensing filter and humidification cup; Yamamori: oxygen supply and mass controllers) of claim 10,
wherein the oxygen gas generator is configured outside of the hydrogen gas generating device (Yamamori: see fig. 1; gas supply ports 11 and 12 are positioned outside of therapeutic gas generating unit 10; [0034]-[0036]),
the oxygen gas generator (Yamamori: see fig. 1; gas supply ports 11 and 12; [0034]-[0036]) comprises an oxygen gas conduit coupled to the hydrogen gas generating device (Lin: figs. 6 and 11; air through air duct 132 into air supplying interface 112; [0060]) to input the first oxygen gas into the hydrogen gas generating device, so as to mix the hydrogen gas and the first oxygen gas to form the mixed gas (Lin: see fig. 11; “The air in the duct 132 and the air supplying interface 112 may be guided into the air supplying tube 11 to dilute the hydrogen gas in the air supplying tube 11; [0060]; Yamamori: see fig. 1; hydrogen and oxygen are mixed together in tube 143; [0047]).
Regarding claim 13, the modified device of Lin further discloses
the mixed gas generating system (Lin: water electrolysis device 1; Lin (2): condensing filter and humidification cup; Yamamori: oxygen supply and mass controllers) of claim 10, further comprising
a gas mixing tube (Lin: fig. 11; air supplying tube 11) coupled to the hydrogen gas generating device (Lin: fig. 2C, 6, and 11; electrolyzer 12 which generates hydrogen gas) and the oxygen gas generator (Lin: figs. 6 and 11; air pump 13; Yamamori: see fig. 1; gas supply ports 11 and 12; [0034]-[0036]) to receive the hydrogen gas and the first oxygen gas, so as to mix the hydrogen gas and the first oxygen gas to form the mixed gas (Lin; see fig. 11; The air in the duct 132 and the air supplying interface 112 may be guided into the air supplying tube 11 by the design of the lead angle A to dilute the hydrogen gas in the air supplying tube 11; [0060]; Yamamori: see fig. 1; gas supply ports 11 and 12; [0034]-[0036]).
Regarding claim 14, the modified device of Lin further discloses
the mixed gas generating system (Lin: water electrolysis device 1; Lin (2): condensing filter and humidification cup; Yamamori: oxygen supply and mass controllers) of claim 13,
wherein the gas mixing tube is integrated in the integrated flow channel module of the hydrogen gas generating device (Lin: see fig. 11 which shows the water electrolysis device/hydrogen gas generating device; air supplying tube 11 is part of flow path channel created from electrolyzer 12 to gas separation tank to filter 60 to gas tube 11 to atomization tank 16; Lin (2): see figs. 2-6; gas pathway 141 creates a flow channel for hydrogen gas to flow; [0020] and [0024]-[0027]) or configured outside of the hydrogen gas generating device (alternatively in Yamamori: see fig. 1, tube 143 where hydrogen and oxygen are mixed is placed outside of hydrogen gas generating device; [0047]),
the oxygen gas generator is configured outside of the hydrogen gas generating device (Yamamori: see fig. 1; gas supply ports 11 and 12 are positioned outside of therapeutic gas generating unit 10; [0034]-[0036]).
Regarding claim 25, Lin discloses
a mixed gas generating system (fig. 1c; water electrolysis device 1 with electrolyzer, air supplying tube, and air pump; abstract and [0060]), comprising:
a hydrogen gas generated device (see fig. 1a-1b; electrolyzer 12 generates hydrogen gas), further comprising:
an electrolytic cell configured to generate a hydrogen gas when electrolyzing water (see figs. 2a-2b; ion-exchange membrane electrolyzer 12 is configured for electrolyzing water to generate hydrogen gas; [0043]);
an integrated flow channel device coupled to the electrolytic cell (see figs. 6 and 11; flow path channel is created from electrolyzer 12 to gas separation tank 30 to filter 60 to gas tube 11 to atomization tank 16);
a filter (fig. 11; filter 60 with filter core 602; [0060] engaged with the integrated flow channel device (see figs. 6 and 11; flow path channel is created from electrolyzer 12 to gas separation tank to filter 60 to gas tube 11 to atomization tank 16) and configured to filter the hydrogen gas generated by the electrolytic cell (fig. 11; “the filter 60 filters the impurities in the hydrogen gas”; [0060]); and
a breathing tube to the gas generator and configured to receive the first gas (means for user to inhale the filtered and diluted hydrogen or the health gas includes the user inhaling via a conduit and a mask; [0061]).
wherein the hydrogen gas and the first gas are mixed to each other to form a mixed gas (fig. 11; “The air in the duct 132 and the air supplying interface 112 may be guided into the air supplying tube 11 by the design of the lead angle A to dilute the hydrogen gas in the air supplying tube 11; [0060]).
Lin does not explicitly disclose a condensing filter; a humidification cup engaged with the integrated flow channel device and configured to humidify the hydrogen gas; a breathing tube coupled to the oxygen gas generator and configured to receive a first oxygen gas generated by an oxygen generating device configured outside of the hydrogen generating device; wherein the hydrogen gas and the first oxygen gas are mixed to each other to form a mixed gas.
Lin (2) discloses a gas generator with
an integrated flow channel device (figs. 2-6; gas pathway 141; [0020] and [0024]-[0027]) coupled to the electrolytic cell (figs. 2-6; the gas with hydrogen from electrolytic gas connecting channel 1831 of electrolytic cell 12 enters the gas pathway 141 through inlet 144; [0023]-[0025]);
a condensing filter engaged with the integrated flow channel device (figs. 2-6; condensing filter 14 has inlet 144 and cent 145 which are connected to gas pathway 141 respectively; [0025]) and configured to filter the hydrogen gas generated by the electrolytic cell (figs. 2-6; The filter 142 of condensing filter 14, filters out impurities in the gas with hydrogen to generate a filtered gas with hydrogen; [0025]); and
a humidification cup engaged with the integrated flow channel device (figs. 2-6; humidification device 18 with humidification tank 183 is connected to condensing filter 14 which comprises the gas pathway 141; [0024]-[0028]; therefore, the humidification device 18 engages the gas pathway 141) and configured to humidify the hydrogen gas (figs. 2-6; wherein the humidification device 18 is used for further moisturizing (humidifying) the filtered gas with hydrogen; [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolysis device of Lin with the gas pathway, condensing filter, and humidification cup of Lin (2) to further filter out impurities in the gas with hydrogen to provide a more suitable healthy gas for humans to breathe (Lin (2); [0030]).
The modified device of Lin does not explicitly disclose a breathing tube coupled to the oxygen gas generator and configured to receive a first oxygen gas generated by an oxygen generating device configured outside of the hydrogen generating device; wherein the hydrogen gas and the first oxygen gas are mixed to each other to form a mixed gas.
Yamamori discloses an apparatus for supplying therapeutic gases
a breathing tube (gas from gas supply ports and therapeutic gas generating unit is delivered to a pipe (tube) to the mask fixed near the patient's mouth and nose; [0051]) coupled to the oxygen gas generator (fig. 1; gas supply port 11 which contains air (21% oxygen) and gas supply port 12 which contains pure oxygen (100%); [0034]-[0035]) and configured to receive a first oxygen gas generated by an oxygen generating device configured outside of the hydrogen generating device (Yamamori: see fig. 1; gas supply ports 11 and 12 are positioned outside of therapeutic gas generating unit 10; [0034]-[0036]);
wherein the hydrogen gas (therapeutic gas hydrogen from therapeutic gas generating unit 10; [0036]) and the first oxygen gas are mixed to each other to form a mixed gas (see fig. 1; Hydrogen (output of mass flow controller 141) and oxygen (output of mass flow controller 142) are mixed together in tube 143; [0047], [0044]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air pump and air supplying tube of the modified device of Lin with the pure oxygen gas supply port and mass flow controllers of Yamamori to mix oxygen and hydrogen providing a greater therapeutic effect of hydrogen on patients (Yamamori: [0046]).
Regarding claim 26, the modified device of Lin further discloses
the mixed gas generating system 9 Lin: water electrolysis device 1; Lin (2): condensing filter and humidification cup; Yamamori: oxygen supply and mass controllers) claim 25, further comprising
a gas mixing tube (Lin: fig. 11; air supplying tube 11) coupled to the hydrogen gas generating device (Lin: fig. 2C, 6, and 11; electrolyzer 12 which generates hydrogen gas) and the oxygen gas generator (Lin: figs. 6 and 11; air pump 13; Yamamori: see fig. 1; gas supply ports 11 and 12; [0034]-[0036]) to receive the hydrogen gas and the first oxygen gas, so as to mix the hydrogen gas and the first oxygen gas to form the mixed gas (Lin; see fig. 11; The air in the duct 132 and the air supplying interface 112 may be guided into the air supplying tube 11 by the design of the lead angle A to dilute the hydrogen gas in the air supplying tube 11; [0060]; Yamamori: see fig. 1; gas supply ports 11 and 12; [0034]-[0036]).
Regarding claim 27, the modified device of Lin further discloses
the mixed gas generating system (Lin: water electrolysis device 1; Lin (2): condensing filter and humidification cup; Yamamori: oxygen supply and mass controllers) claim 25,
wherein the gas mixing tube is integrated in the integrated flow channel module of the hydrogen gas generating device (Lin: see fig. 11 which shows the water electrolysis device/hydrogen gas generating device; air supplying tube 11 is part of flow path channel created from electrolyzer 12 to gas separation tank to filter 60 to gas tube 11 to atomization tank 16; Lin (2): see figs. 2-6; gas pathway 141 creates a flow channel for hydrogen gas to flow; [0020] and [0024]-[0027]) or configured outside of the hydrogen gas generating device (alternatively in Yamamori: see fig. 1, tube 143 where hydrogen and oxygen are mixed is placed outside of hydrogen gas generating device; [0047]).
Claims 16 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 20190062934) in view of Lin (2) (US 20180002824) and further in view of Yamamori (CN 107810027) and its translation (EspaceNet Yamamori) and Lin (3) (US 20180028774).
Regarding claim 16, the modified device of Lin discloses
the mixed gas generating system (Lin: water electrolysis device 1; Lin (2): condensing filter and humidification cup; Yamamori: oxygen supply and mass controllers) of claim 13, further comprising
The modified device of Lin does not disclose a backfire preventer configured between the oxygen gas generator and the gas mixing tube.
However, Lin (3) discloses a healthy gas generating system with
a backfire preventer (figs. 1-5; backfire barrier 14; [0036]-[0037]) configured between the oxygen gas generator and the gas mixing tube (the backfire barrier 14 may be disposed at other locations on the gas passage; [0037]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air supplying interface (between the oxygen supplying means and air supplying tube) of the modified device of Lin with the backfire barrier of Lin (3) to prevent the gases (such as hydrogen) from flowing backwards and further preventing damage to the system in the event of an accident, system instability of explosion (Lin (3): [0007]-[0008], [0036]-[0037], and [0040]).
Regarding claim 29, the modified device of Lin discloses
the mixed gas generating system (Lin: water electrolysis device 1; Lin (2): condensing filter and humidification cup; Yamamori: oxygen supply and mass controllers) claim 26 further comprising
The modified device of Lin does not disclose a backfire preventer configured between the oxygen gas generator and the gas mixing tube.
However, Lin (3) discloses a healthy gas generating system with
a backfire preventer (figs. 1-5; backfire barrier 14; [0036]-[0037]) configured between the oxygen gas generator and the gas mixing tube (the backfire barrier 14 may be disposed at other locations on the gas passage; [0037]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air supplying interface (between the oxygen supplying means and air supplying tube) of the modified device of Lin with the backfire barrier of Lin (3) to prevent the gases (such as hydrogen) from flowing backwards and further preventing damage to the system in the event of an accident, system instability of explosion (Lin (3): [0007]-[0008], [0036]-[0037], and [0040]).
Claims 17 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 20190062934) in view of Lin (2) (US 20180002824) and further in view of Yamamori (CN 107810027) and its translation (EspaceNet Yamamori), Shigeta (JP 2015217116) and its translation (Shigeta (EspaceNet Shigeta), and Lin (4) (US 20180251904).
Regarding claim 17, the modified device of Lin discloses
the mixed gas generating system (Lin: water electrolysis device 1; Lin (2): condensing filter and humidification cup; Yamamori: oxygen supply and mass controllers) of claim 10,
wherein the hydrogen gas generating device (see claim 10 above) further comprises
an atomization/volatile gas mixing tank (Lin: fig. 6 and 11; the atomization/volatile gas mixing tank 16; [0061]),
the atomization/volatile gas mixing tank is coupled to the integrated flow channel module (Lin: see figs. 6 and 11; flow path channel is created from electrolyzer 12 to gas separation tank to filter 60 to gas tube 11 to atomization tank 16) to receive the hydrogen gas from the integrated flow channel module (Lin: figs. 6 and 11; The atomizing/volatile gas mixing tank 16 is connected with the air supplying tube 11 to receive the filtered and diluted hydrogen gas; [0061]),
the atomization/volatile gas mixing tank selectively generates an atomized gas to be mixed with the hydrogen gas (Lin: fig. 6 and 11; the atomization/volatile gas mixing tank 16 generate an atomizing gas and mix it with the hydrogen gas to form a health gas; [0061]),
wherein the atomized gas is one or a combination selected from a group consisting of a water vapor, anatomized drops, and an essential oils (Lin: fig. 6; wherein the atomizing gas is selected from one or a combination from a group consisting of water vapor, atomizing potions (drops) and volatile essential oil; [0061]).
The modified device of Lin does not disclose a hydrogen water cup, the hydrogen water cup is engaged with the integrated flow channel device and configured to accommodate water and selectively receive the hydrogen gas, the hydrogen gas flows into the hydrogen water cup to be mixed with the water contained in the hydrogen water cup to form a hydrogen water (); and a flame arrester, the flame arrester is coupled to an entrance of the atomization/volatile gas mixing tank
Shigeta discloses a method and apparatus for generating hydrogen using electrolysis and delivering hydrogen to a patient (inhaling and ingesting hydrogen; [0003]-[0004]) with
a hydrogen water cup (figs. 1-3; water cup 15 and 18; [0036]-[0037]),
the hydrogen water cup is engaged with the integrated flow channel device and configured to accommodate water and selectively receive the hydrogen gas (water cup 15 and 18 contains water 19 and engages with the hydrogen gas generating vessel 3 to received hydrogen gas through hydrogen gas tube 22; [0021]-[0022] and [0036]-[0037]),
the hydrogen gas flows into the hydrogen water cup to be mixed with the water contained in the hydrogen water cup to form a hydrogen water (hydrogen gas flows into water cups to mix with water 19 in order to dissolve hydrogen gas into water 19 making a hydrogen water; [0002]-[0003], [0022], and [0037]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolyzer, water tank, and gas pathway of the modified device of Lin with the water cups with water and hydrogen gas tube of Shigeta to provide and dissolve hydrogen gas from the hydrogen generating vessel (electrolyzer) into the water in order to create system which allows a user to inhale the hydrogen gas or provide an easy-to-drink hydrogen water that is delivered to the user through ingestion (Shigeta: [0002]-[0004], [0037]).
The modified device of Lin does not disclose a flame arrester, the flame arrester is coupled to an entrance of the atomization/volatile gas mixing tank.
However, Lin (4) discloses a gas generator with
a flame arrester (fig. 3; flame arrester 19; [0058])
the flame arrester is coupled to an entrance of the atomization/volatile gas mixing tank (fig. 3; “The flame arrester 19 can be configured at the inlet of the mixing reaction chamber 14”; [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the atomization tank of the modified device of Lin with the flame arrester of Lin (4) in order to avoid electrostatic igniting the atomized gas, the gas with hydrogen, or healthy gas resulting in the chain of ignition or even gas explosion preventing excessive damage (Lin (4): [0058]).
Regarding claim 30, the modified device of Lin discloses
the mixed gas generating system (Lin: water electrolysis device 1; Lin (2): condensing filter and humidification cup; Yamamori: oxygen supply and mass controllers) claim 25,
wherein the hydrogen gas generating device (see claim 10 above) further comprises
an atomization/volatile gas mixing tank (Lin: fig. 6 and 11; the atomization/volatile gas mixing tank 16; [0061]),
the atomization/volatile gas mixing tank is coupled to the integrated flow channel module (Lin: see figs. 6 and 11; flow path channel is created from electrolyzer 12 to gas separation tank to filter 60 to gas tube 11 to atomization tank 16) to receive the hydrogen gas from the integrated flow channel module (Lin: figs. 6 and 11; The atomizing/volatile gas mixing tank 16 is connected with the air supplying tube 11 to receive the filtered and diluted hydrogen gas; [0061]),
the atomization/volatile gas mixing tank selectively generates an atomized gas to be mixed with the hydrogen gas (Lin: fig. 6 and 11; the atomization/volatile gas mixing tank 16 generates an atomizing gas and mix it with the hydrogen gas to form a health gas; [0061]),
wherein the atomized gas is one or a combination selected from a group consisting of a water vapor, anatomized drops, and an essential oils (Lin: fig. 6; wherein the atomizing gas is selected from one or a combination from a group consisting of water vapor, atomizing potions (drops) and volatile essential oil; [0061]).
The modified device of Lin does not disclose a hydrogen water cup, the hydrogen water cup is engaged with the integrated flow channel device and configured to accommodate water and selectively receive the hydrogen gas, the hydrogen gas flows into the hydrogen water cup to be mixed with the water contained in the hydrogen water cup to form a hydrogen water (); and a flame arrester, the flame arrester is coupled to an entrance of the atomization/volatile gas mixing tank
Shigeta discloses a method and apparatus for generating hydrogen using electrolysis and delivering hydrogen to a patient (inhaling and ingesting hydrogen; [0003]-[0004]) with
a hydrogen water cup (figs. 1-3; water cup 15 and 18; [0036]-[0037]),
the hydrogen water cup is engaged with the integrated flow channel device and configured to accommodate water and selectively receive the hydrogen gas (water cup 15 and 18 contains water 19 and engages with the hydrogen gas generating vessel 3 to received hydrogen gas through hydrogen gas tube 22; [0021]-[0022] and [0036]-[0037]),
the hydrogen gas flows into the hydrogen water cup to be mixed with the water contained in the hydrogen water cup to form a hydrogen water (hydrogen gas flows into water cups to mix with water 19 in order to dissolve hydrogen gas into water 19 making a hydrogen water; [0002]-[0003], [0022], and [0037]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolyzer, water tank, and gas pathway of the modified device of Lin with the water cups with water and hydrogen gas tube of Shigeta to provide and dissolve hydrogen gas from the hydrogen generating vessel (electrolyzer) into the water in order to create system which allows a user to inhale the hydrogen gas or provide an easy-to-drink hydrogen water that is delivered to the user through ingestion (Shigeta: [0002]-[0004], [0037]).
The modified device of Lin does not disclose a flame arrester, the flame arrester is coupled to an entrance of the atomization/volatile gas mixing tank.
Lin (4) discloses a gas generator with
a flame arrester (fig. 3; flame arrester 19; [0058])
the flame arrester is coupled to an entrance of the atomization/volatile gas mixing tank (fig. 3; “The flame arrester 19 can be configured at the inlet of the mixing reaction chamber 14”; [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the atomization tank of the modified device of Lin with the flame arrester of Lin (4) in order to avoid electrostatic igniting the atomized gas, the gas with hydrogen, or healthy gas resulting in the chain of ignition or even gas explosion preventing excessive damage (Lin (4): [0058]).
Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 20190062934) in view of Lin (2) (US 20180002824) and further in view of McClain (US 20090211448)
Regarding claim 10, Lin discloses
a mixed gas generating system (fig. 1c; water electrolysis device 1 with electrolyzer, air supplying tube, and air pump; abstract and [0060]), comprising:
a hydrogen gas generating device (see fig. 1a-1b), further comprising:
an electrolytic cell configured to generate a hydrogen gas when electrolyzing water (see figs. 2a-2b; ion-exchange membrane electrolyzer 12 is configured for electrolyzing water to generate hydrogen gas; [0043]);
an integrated flow channel device coupled to the electrolytic cell (see figs. 6 and 11; flow path channel is created from electrolyzer 12 to gas separation tank 30 to filter 60 to gas tube 11 to atomization tank 16);
a filter (fig. 11; filter 60 with filter core 602; [0060] engaged with the integrated flow channel device (see figs. 6 and 11; flow path channel is created from electrolyzer 12 to gas separation tank to filter 60 to gas tube 11 to atomization tank 16) and configured to filter the hydrogen gas generated by the electrolytic cell (fig. 11; “the filter 60 filters the impurities in the hydrogen gas”; [0060]); and
a gas generator configured to generate a first gas (figs. 6 and 11; air pump 13 delivers air through air duct 132 into air supplying interface 112; [0060]);
wherein the hydrogen gas and the first gas are mixed to each other to form a mixed gas (fig. 11; “The air in the duct 132 and the air supplying interface 112 may be guided into the air supplying tube 11 by the design of the lead angle A to dilute the hydrogen gas in the air supplying tube 11; [0060]).
Lin does not explicitly disclose a condensing filter; a humidification cup engaged with the integrated flow channel device and configured to humidify the hydrogen gas; an oxygen gas generator configured to generate a first oxygen gas; wherein the hydrogen gas and the first oxygen gas are mixed to each other to form a mixed gas.
Lin (2) discloses a hydrogen/oxygen gas generator with
an integrated flow channel device (figs. 2-6; gas pathway 141; [0020] and [0024]-[0027]) coupled to the electrolytic cell (figs. 2-6; the gas with hydrogen from electrolytic gas connecting channel 1831 of electrolytic cell 12 enters the gas pathway 141 through inlet 144; [0023]-[0025]);
a condensing filter engaged with the integrated flow channel device (figs. 2-6; condensing filter 14 has inlet 144 and cent 145 which are connected to gas pathway 141 respectively; [0025]) and configured to filter the hydrogen gas generated by the electrolytic cell (figs. 2-6; The filter 142 of condensing filter 14, filters out impurities in the gas with hydrogen to generate a filtered gas with hydrogen; [0025]); and
a humidification cup engaged with the integrated flow channel device (figs. 2-6; humidification device 18 with humidification tank 183 is connected to condensing filter 14 which comprises the gas pathway 141; [0024]-[0028]; therefore, the humidification device 18 engages the gas pathway 141) and configured to humidify the hydrogen gas (figs. 2-6; wherein the humidification device 18 is used for further moisturizing (humidifying) the filtered gas with hydrogen; [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolysis device of Lin with the gas pathway, condensing filter, and humidification cup of Lin (2) to further filter out impurities in the gas with hydrogen to provide a more suitable healthy gas for humans to breathe (Lin (2); [0030]).
The modified device of Lin does not disclose the gas generator being an oxygen gas generator first oxygen gas are mixed to each other to form a mixed gas.
McClain discloses a respiratory system comprising an
an oxygen gas generator configured to generate a first oxygen gas (McClain: fig. 2; oxygen concentrator 100 includes molecular sieve filter bed 140 removes nitrogen and other impurities from intake air to create concentrated oxygen gas; [0027]-[0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air pump of the modified device of Lin with the molecular sieve filter bed of McClain to remove nitrogen and other impurities from the air creating a concentrated oxygen gas that can be beneficial and oftentimes required prescription to help the patients live normal and productive lines (McClain: [0002] and [0027]-[0028]).
It directly follows that the resultant air pump of the modified device of Lin combined with the molecular sieve filter bed of McClain would meet the claimed structural limitations since:
The modified device of Lin and McClain combined discloses
wherein the hydrogen gas and the first oxygen gas are mixed to each other to form a mixed gas (Lin: fig. 11; “The air in the duct 132 and the air supplying interface 112 may be guided into the air supplying tube 11 by the design of the lead angle A to dilute the hydrogen gas in the air supplying tube 11; [0060]; McClain: fig. 2; molecular sieve filter bed 140 removes nitrogen and other impurities from intake air to create concentrated oxygen gas; [0027]-[0028]).
Regarding claim 12, the modified device of Lin further discloses
the mixed gas generating system (Lin: water electrolysis device 1; Lin (2): condensing filter and humidification cup; McClain: molecular sieve filter) of claim 10,
The modified device of Lin does not disclose wherein the oxygen gas generator comprises a molecular sieve filtering unit configured to filter an air to generate the first oxygen gas.
However, Taylor discloses an assembly for a portable oxygen concentrator
wherein the oxygen gas generator (Lin: figs. 6 and 11; air pump 13 delivers air through air duct 132 into air supplying interface 112; [0060]) comprises a molecular sieve filtering unit configured to filter an air to generate the first oxygen gas (McClain: fig. 2; oxygen concentrator 100 includes molecular sieve filter bed 140 removes nitrogen and other impurities from intake air to create concentrated oxygen gas; [0027]-[0028]).
Claims 18-20 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 20190062934) in view of Yamamori (CN 107810027) and its translation (EspaceNet Yamamori).
Regarding claim 18, Lin discloses
a mixed gas generating system (fig. 1c; water electrolysis device 1 with electrolyzer, air supplying tube, and air pump; abstract and [0060]), comprising:
a hydrogen gas generating device (see fig. 1a-1b; electrolyzer 12 generates hydrogen gas), further comprising:
an electrolytic cell configured to generate a hydrogen gas (see figs. 2a-2c; ion-exchange membrane electrolyzer 12 is configured for electrolyzing water to generate hydrogen gas; [0043]) and a second oxygen gas when electrolyzing water (see figs. 2a-2c; while the ion-exchange membrane electrolyzer 12 electrolyzes water, the anode 124 generates oxygen gas; [0045]); and
an integrated water tank module (see fig. 11 which shows integrated water tank module) comprising a hydrogen gas port (see fig. 6; The hydrogen output tube 21 of the ion-exchange membrane electrolyzer 12 is connected and communicated with the gas-water separation tank 30 via a hydrogen interface 211; [0057]), an oxygen gas port (see fig. 6; the oxygen output tube 22 is connected and communicated with the water tank 10 via the oxygen interface 222; [0057]) and a water port coupled to the electrolytic cell (see fig. 6; water supply pipe 24 directly communicates the water tank 10 via the water interface 242; [0057]; [00450 and [0050]), the integrated water tank module being configured to receive the hydrogen gas (fig. 6; The hydrogen output tube 21 communicates with gas-water separation tank 30 (receives hydrogen gas); [0057]-[0058]) and the second oxygen gas from the electrolytic cell (fig. 6; “The oxygen gas generated by the electrolysis is directly discharged to the water tank 10 via the oxygen output tube 22 and the oxygen interface 222”; [0059]) and supply water to the electrolytic cell (fig. 6; “water supply pipe 24 directly communicates the water tank 10 via the water interface 242 to replenish the water of electrolyzing of the ion-exchange membrane electrolyzer 12”; [0057]);
wherein the hydrogen gas and a first gas are mixed to each other to form a mixed gas (fig. 11; “The air in the duct 132 and the air supplying interface 112 may be guided into the air supplying tube 11 by the design of the lead angle A to dilute the hydrogen gas in the air supplying tube 11; [0060]); and
a breathing tube to the gas generator and configured to receive the first gas (means for user to inhale the filtered and diluted hydrogen or the health gas includes the user inhaling via a conduit and a mask; [0061]).
Lin does not explicitly disclose a breathing tube coupled to the oxygen gas generator and configured to receive a first oxygen gas generated by an oxygen generating device configured outside of the hydrogen generating device; wherein the hydrogen gas and the first oxygen gas are mixed to each other to form a mixed gas.
Yamamori discloses an apparatus for supplying therapeutic gases
a breathing tube (gas from gas supply ports and therapeutic gas generating unit is delivered to a pipe (tube) to the mask fixed near the patient's mouth and nose; [0051]) coupled to the oxygen gas generator (fig. 1; gas supply port 11 which contains air (21% oxygen) and gas supply port 12 which contains pure oxygen (100%); [0034]-[0035]) and configured to receive a first oxygen gas generated by an oxygen generating device configured outside of the hydrogen generating device (Yamamori: see fig. 1; gas supply ports 11 and 12 are positioned outside of therapeutic gas generating unit 10; [0034]-[0036]);
wherein the hydrogen gas (therapeutic gas hydrogen from therapeutic gas generating unit 10; [0036]) and the first oxygen gas are mixed to each other to form a mixed gas (see fig. 1; Hydrogen (output of mass flow controller 141) and oxygen (output of mass flow controller 142) are mixed together in tube 143; [0047], [0044]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air pump and air supplying tube of the modified device of Lin with the pure oxygen gas supply port and mass flow controllers of Yamamori to mix oxygen and hydrogen providing a greater therapeutic effect of hydrogen on patients (Yamamori: [0046]).
Regarding claim 19, the modified device of Lin further discloses
the mixed gas generating system (Lin: water electrolysis device 1; Yamamori: oxygen supply and mass controllers) of claim 18, further comprising
a gas mixing tube coupled to the breathing tube to mix the hydrogen gas and the first oxygen gas to form the mixed gas (Lin: see fig. 11; means for user to inhale the filtered and diluted hydrogen (from air supplying tube 11) or the health gas (from atomization tank 16) includes the user inhaling via a conduit and a mask; [0061]; Yamamori: fig. 1; gas supply port 11 which contains air (21% oxygen) and gas supply port 12 which contains pure oxygen (100%); [0034]-[0035]).
Regarding claim 20, the modified device of Lin further discloses
the mixed gas generating system (Lin: water electrolysis device 1; Yamamori: oxygen supply and mass controllers) of claim 19,
wherein the gas mixing tube is integrated in the integrated water tank module of the hydrogen gas generating device (Lin: see fig. 11 which shows integrated water tank module, air supplying tube 11 is part of flow path channel created in integrated water tank module) or configured outside of the hydrogen gas generating device (alternatively in Yamamori: tube 143 where hydrogen and oxygen are mixed is placed outside of hydrogen gas generating device).
Regarding claim 24, Lin further discloses
the mixed gas generating system (Lin: water electrolysis device 1; Yamamori: oxygen supply and mass controllers) of claim 18,
wherein the electrolytic cell further comprises a cathode chamber, a hydrogen gas output duct, an anode chamber, an oxygen gas output duct, a water input duct and an ion membrane (see fig. 2C; The ion-exchange membrane electrolyzer 12 substantially includes an ion-exchange membrane 120, a cathode 123, an anode 124, a first side S1, a second side S2, a hydrogen output tube 21 and an oxygen output tube 22; electrolyzer 12 also includes a cathode chamber 1201, anode chamber 1202, and water supplying pipe 24; [0045] and [0050]),
the cathode chamber is located on a first side of the electrolytic cell (see fig. 2C; “The area where the first side S1 and the cathode 123 are located is referred as a cathode chamber 1201”; [0045]),
the anode chamber is located on a second side of the electrolytic cell (see fig. 2C; “the area where the second side S2 and the anode 124 are located is referred as an anode chamber 1202”; [0045]), and
the ion membrane is disposed between the anode chamber and the cathode chamber (see fig. 2C; “The ion-exchange membrane 120 is configured between the anode chamber 1202 and the cathode chamber 1201”; [0048]),
the oxygen gas output duct is coupled to the oxygen gas port (see figs. 2C and 6; “The oxygen output tube 22 is connected and communicated with the water tank 10 via the oxygen interface 222”; [0057]),
the hydrogen gas output duct is coupled to the hydrogen gas port (see figs. 2C and 6; “The hydrogen output tube 21 of the ion-exchange membrane electrolyzer 12 is connected and communicated with the gas-water separation tank 30 via a hydrogen interface 211”; [0057]), and
the water input duct is coupled to the water port (see figs. 2C and 6; “The water supply pipe 24 directly communicates with the side near the sterilizer 50 of the water tank 10 via the water interface 242”; [0057]),
the anode chamber generates the second oxygen gas (see fig. 2C; “The oxygen output tube 22 is configured for outputting oxygen gas generated from the anode chamber 1202”; [0050]) and the cathode chamber generates the hydrogen gas (see fig. 2C; the cathode output tube 21 is configured for outputting the hydrogen gas generated from the cathode chamber 1201; [0050]) when the electrolytic cell electrolyzes water (see fig. 2C; while the ion-exchange membrane electrolyzer 12 electrolyzes water; [0048]),
the oxygen gas output duct is coupled with the anode chamber (see fig. 2C; “oxygen output tube 22 is configured for outputting oxygen gas generated from the anode chamber 1202, and passes through the anode 124 and the anode external plate 122,”; [0050]) and penetrates the second side to output the second oxygen gas at the second side (see fig. 2C; “The oxygen output tube 22 extends from the position between the ion-exchange membrane 120 and the first side S1 to the second side S2 and passes through the second side S2; [0045]-[0046]),
the hydrogen gas output duct is coupled with the cathode chamber (see fig. 2C; the cathode output tube 21 is configured for outputting the hydrogen gas generated from the cathode chamber 1201 and passes through the cathode sealing plate 125; [0050]; and extends toward the second side and penetrates the second side to output the hydrogen gas at the second side (see fig. 2C; The hydrogen output tube 21 extends from the position between the ion-exchange membrane 120 and the second side S2 to the second side S2 and passes through the second side S2; [0045]-[0046]),
so as to cause the hydrogen gas and the second oxygen gas to be outputted at the same side of the electrolytic cell (see fig. 2C; “Both of the oxygen output tube 21 and the hydrogen output tube 22 are configured on the same side of the ion-exchange membrane electrolyzer 12”; [0050]).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 20190062934) in view of Yamamori (CN 107810027) and its translation (EspaceNet Yamamori) and further in view of Wiles (US 2774351).
Regarding claim 22, the modified device of Lin discloses
the mixed gas generating system (Lin: water electrolysis device 1; Yamamori: oxygen supply and mass controllers) of claim 18, further comprising
The modified device of Lin does not disclose a backfire preventer configured in the breathing tube.
Wiles discloses a respiration system for anesthesia with
a backfire preventer configured in the breathing tube (figs. 1-6; flame arrester included in a line for administering anesthetic gas; col. 1, lines 26-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conduits/flow paths of the modified device of Lin to include a flame arrester in the breathing line as taught in Wiles to quench the passage of flames through the equipment in the event of an explosion of gases used in operation (Wiles: col. 1, lines 18-22).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takao (JP 6029044) – A hydrogen mixed gas breathing system with the oxygen supply means connected to the air flow path/breathing tube
Lin (US 20150190604) – A gas generating system for health use which connects a hydrogen/oxygen generator and atomized gas generator using a third pipe, fourth pipe, and mixed kit, see figs. 2 and 5
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYDNEY REYES RUSSELL whose telephone number is (703)756-4567. The examiner can normally be reached M-F 730am -5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.R.R./Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785