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 .
Information Disclosure Statement
The information disclosure statement(s) filed on 02/09/2023 and 01/29/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Claims
This office action is in response to the preliminary amendment filed on 02/09/2023. As directed by the preliminary amendments, claims 6, 8, and 14 have been amended. It should be further noted claim 11 stated it is currently amended, but no amendments were made. As such, claims 1-16 are being examined in this application.
Claim Objections
Claim(s) 16 objected to because of the following informalities:
Claim 16, line 3, recites “... a plurality off first pipes…” but should recite “...a plurality of
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Becker (US 20080149101 A1).
Regarding claim 1, Becker teaches a respiratory machine (humidifier 100, see Fig. 1) comprising:
a heat chamber (heater 6 and vaporizer chamber 7, see Fig. 1) comprising an insulating container (vaporizer chamber 7, see Fig. 1; vaporizer chamber is insulated as it is a chamber capable of keeping heat in as seen in Fig. 1) and a heating element (heater 6, see Fig. 1);
a first pipe (inlet 11, see Fig. 1) with an inlet for connecting to a source of at least one gas (inhalation gas comes from inlet 11 as seen in Fig. 1 and [0029]), wherein some of the first pipe forms a heat exchanger inside the insulating container of the heat chamber, such that when the heating element is actuated the heat exchanger is heated and heats said at least one gas when flowing through the heat exchanger (the end of inlet 11 near path 9 forms a heat exchanger as it is within vaporizer chamber 7 with heater 6 as seen in Fig. 1, and therefore the end of inlet 11 is partially heated by the heater 6 and heats the inhalation gas flowing within the end of inlet 11 as seen in Fig. 1);
a humidifier for mixing said at least one gas with vapor to obtain a mixture of humidified heated at least one gas (The specification recites “Pipe 111 eventually emerges from within heating chamber and is linked to a humidifier, e.g., Venturi eductor 129… (see [0045])” and further recites “However, instead of using a Venturi eductor, the mixing of gas with vapor is achieved by directing the heated gas flowing in tube 111 through a diffuser 162. As such, the humidifier can be a diffuser. Becker teaches water vapor to be conducted along the path 9, and is redirected by a shield 8 such that the water vapor mixes with the inhalation gas to the patient as seen in Fig. 1 and [0029]. Therefore, Becker teaches a diffuser for mixing water vapor with the inhalation gas); and
a second pipe (outlet 10, see Fig. 1) for delivering the mixture to a breathing port for assisting breathing of a patient (“The water vapor is conducted along the path 9 into the outlet 10 and, from there, mixes with the inhalation gas to the patient which comes from the inlet 11.” See [0029]).
Regarding claim 2, Becker teaches the machine of claim 1, and further teaches wherein the heat exchanger is designed to be immersed in liquid within the insulating container (the end of inlet 11 is capable of being immersed in liquid within vaporizer chamber 7, especially as water vapor path 9 is proximate to the end of inlet 11 as seen in Fig. 1).
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) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Becker (US 20080149101 A1) in view of Winski (US 20150306335 A1).
Regarding claim 3, Becker teaches the machine of claim 2, and further teaches a pressure equalization which acts as a water level controller as seen in [0029] but does not teach wherein the heating chamber includes a liquid level sensor for detecting changes in a liquid level of the liquid within the insulating container, maintaining free space over the liquid level of the liquid, to facilitate generation of vapor of the liquid in the free space when the liquid is heated.
However, Winski teaches wherein the heating chamber (humidification chamber 32) includes a liquid level sensor (liquid level sensors 19, see Fig. 1 and [0028]-[0029]) for detecting changes in a liquid level of the liquid within the container, maintaining free space over the liquid level of the liquid, to facilitate generation of vapor of the liquid in the free space when the liquid is heated (liquid level sensors 19 output signals conveying information related to a current liquid level as seen in [0028]. The liquid level module 44 can determine liquid level 23 including the height at which the liquid surface sits at from the signals outputted by liquid level sensors 19 as seen in [0042] which can help determine the liquid usage rate as seen in [0043]. As such, the liquid level sensor 19 and liquid level module 44 can detect changes in liquid levels within chamber 32 to help maintain the free space over the liquid).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by Becker to include the liquid level sensor and liquid level module as taught by Winski to gauge the liquid level to determine usage rate to prevent the liquid from getting low or being too high (see [0042]-[0043]).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Becker (US 20080149101 A1) in view of Winski (US 20150306335 A1), as applied to claim 3 above, and further in view of Salter (US 20030214056 A1).
Regarding claim 5, modified Lunsford teaches the machine of claim 3, and further teaches wherein the insulating container includes an outlet for connecting to the second pipe (vaporizer chamber 7 includes an outlet for connecting to outlet 10 as seen in Fig. 1)
But does not teach wherein the first pipe is connected to a diffuser for diffusing said at least one gas with the vapor inside the free space.
However, Salter teaches a bubble humidifier 2, an oxygen inlet connected to a first end of humidifier conduit 20 and a diffuser 18 connected to the opposite second end of humidifier conduit 20 as seen in Fig. 1 and [0026]. Diffuser 18 emits oxygen out of one of the discharge passages 38 as seen in Fig. 1 and [0029].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by Becker in view of Winskin to include a diffuser at the end of the first pipe as taught by Salter to emit facilitate a greater and improved dispersion of the gas as seen in [0011]. Modified Becker teaches wherein the first pipe is connected to a diffuser for diffusing said at least one gas with the vapor inside the free space (Modified Becker teaches wherein the inlet 11 of Becker is connected to diffuser 18 of Salter for diffusing the inhalation gas into the water vapor path 9 of the free space as seen in Fig. 1 of Becker).
Claim(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Charles (US 1483620 A) in view of Chen (US 4461293 A).
Regarding claim 1, Charles teaches a respiratory machine (Fig. 1 shows an apparatus for administering temperature approximate anesthetic to a patient as seen in lines 9-20 and lines 38-39) comprising:
a heat chamber (vessel 5, see Fig. 1) comprising an insulating container (vessel 5 is insulated as it is a vessel capable of keeping heat in as seen in Fig. 1) and a heating element (Charles teaches hot water (taken as heating element) within vessel 5 as seen in Fig. 1 and lines 44-48);
a first pipe (pipe 2, coil 4 and pipe 6, see Fig. 1) with an inlet for connecting to a source of at least one gas (pipe 2 comprises an inlet connecting to valve 3 wherein air under pressure is admitted as seen in lines 44-48), wherein some of the first pipe forms a heat exchanger inside the insulating container of the heat chamber, such that when the heating element is actuated the heat exchanger is heated and heats said at least one gas when flowing through the heat exchanger (air admitted through valve 3 is heated by the passage through coil 4 in the hot water vessel 5 as seen in lines 60-63. As such, coil 4 forms a heat exchanger within vessel 5, such that the hot water heats the coil 4 to heat the gas passing through coil 4);
a second pipe (tube 11, see Fig. 1) for delivering the mixture to a breathing port (mask 12, see Fig. 1) for assisting breathing of a patient (tube 11 delivers the etherized air to mask 12 as seen in lines 53-59).
But does not teach a humidifier for mixing said at least one gas with vapor to obtain a mixture of humidified heated at least one gas.
However, Chen teaches a humidifier (venturi 70, see Fig. 3) for mixing said at least one gas with vapor to obtain a mixture of humidified heated at least one gas (venturi 70 mixes humidified gas from humidifier 62 which travels through line 64 to nozzle 68 of venturi 70 and gas from line 46 as seen in Fig. 3 and Col. 7, lines 5-19 and Col. 13, lines 44-57).
Charles teaches the gas to be charged with liquid ether within container 7 as seen in lines 48-52 and further teaches a pipe 8 to deliver the etherized air as seen in Fig. 1 and lines 53-59. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by Charles to replace container (7) with the line (64) and venturi taught by Chen for an alternative known method of mixing the gas from pipe 6 and the liquid ethyl.
Regarding claim 2, Charles in view of Chen teaches the machine of claim 1, and Charles further teaches wherein the heat exchanger is designed to be immersed in liquid within the insulating container (coil 4 is immersed in hot water within the vessel 5 as seen in Fig. 1).
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Charles (US 1483620 A) in view of Chen (US 4461293 A), as applied to claim 2 above, and further in view of Winski (US 20150306335 A1).
Regarding claim 3, Charles in view of Chen teaches the machine of claim 2, but does not teach wherein the heating chamber includes a liquid level sensor for detecting changes in a liquid level of the liquid within the insulating container, maintaining free space over the liquid level of the liquid, to facilitate generation of vapor of the liquid in the free space when the liquid is heated.
However, Winski teaches wherein the heating chamber (humidification chamber 32) includes a liquid level sensor (liquid level sensors 19, see Fig. 1 and [0028]-[0029]) for detecting changes in a liquid level of the liquid within the container, maintaining free space over the liquid level of the liquid, to facilitate generation of vapor of the liquid in the free space when the liquid is heated (liquid level sensors 19 output signals conveying information related to a current liquid level as seen in [0028]. The liquid level module 44 can determine liquid level 23 including the height at which the liquid surface sits at from the signals outputted by liquid level sensors 19 as seen in [0042] which can help determine the liquid usage rate as seen in [0043]. As such, the liquid level sensor 19 and liquid level module 44 can detect changes in liquid levels within chamber 32 to help maintain the free space over the liquid).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by Charles in view of Chen to include the liquid level sensor and liquid level module as taught by Winski to gauge the liquid level to determine usage rate to prevent the liquid from getting low or being too high (see [0042]-[0043]).
Regarding claim 4, modified Charles teaches the machine of claim 3, and further teaches wherein the first pipe extends out of the heat chamber and is connected to a Venturi eductor (pipe 6 of Charles extends out of vessel 5 of Charles and is connected to venturi 70 of Chen ), the Venturi eductor connected via an auxiliary pipe to the free space for suction of vapor into the Venturi eductor to mix with said at least one gas (the venturi 70 of Chen is connected to line 64 of Chen which is connected to the free space for suction of vapor (from the ethyl) into the venturi 70 to mix with the gas from pipe 6).
Claim(s) 1-2 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lunsford (US 4597917 A) in view of Cavallo (US 3863630 A) and Chen (US 4461293 A).
Regarding claim 1, Lunsford teaches a respiratory machine (Fig. 1 shows a portable medical gas warming system which provides treated gas for a patient as seen in Col. 2, lines 40-42 and Col. 3, lines 44-49) comprising:
a heat chamber (thermally conductive disposable container 1 and disposable container 3, see Fig. 1) comprising an insulating container (disposable container 3 comprises a heat insulative outer wall 4 as seen in Fig. 1 and Col. 2, line 61 to Col. 3, line 1) and a heating element (when plastic membrane 6 ruptures, the liquid activating chemical from compartment 7 and dry chemical from compartment 8 brings about an exothermic reaction which heats the liquid 2 as seen in Fig. 1 and Col. 3, lines 13-19 and 29-49);
a first pipe (conduit 9, see Fig. 1) with an inlet for connecting to a source of at least one gas (“Inlet conduit 9 may be connected to a source of pressurized oxygen, air, etc. (not shown) …” see Col. 3, lines 44-46); and
a second pipe (exit conduit 11, see Fig. 1) for delivering the mixture to a breathing port for assisting breathing of a patient (exit conduit 11 delivers the treated gas that has been heated and humidified to an inhalation mask for the patient for inhalation as seen in Fig. 1 and Col. 3, lines 46-49).
But does not teach wherein some of the first pipe forms a heat exchanger inside the insulating container of the heat chamber, such that when the heating element is actuated the heat exchanger is heated and heats said at least one gas when flowing through the heat exchanger;
a humidifier for mixing said at least one gas with vapor to obtain a mixture of humidified heated at least one gas.
However, Cavallo teaches pipe 18 which one part of the length is made out of metal and forms a heat exchanger with gas passing through the pipe as seen in Fig. 1 and Col. 2, lines 38-47. Cavallo further teaches a respiratory apparatus which includes a humidifier 15, which is connected to pipe 18 as seen in Fig. 1 and Col. 2, lines 36-38.
Lunsford teaches the apparatus to heat the body core of the individual and even the small amounts provided by the method is a good rewarming to the patient and provides relief as seen in Col. 1, lines 29-46. As such, Lunsford teaches container 3 to have heat insulative outer walls 4 to keep the heat within the container. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by Lunsford to have the part of the first pipe be made out of metal as taught by Cavallo to form a heat exchanger within liquid 2 to aid in keeping the gas/liquid heated and to help prevent the temperature from dropping. Furthermore, both prior arts teach a portable/transportable apparatus, as Lunsford teaches a portable apparatus (see Col. 2, lines 31-33) and Cavallo teaches a readily transportable apparatus (see Col. 1, lines 13-16). The second pipe/conduit 11 will not be modified as the modification allow heat to dissipate from the treated gas and Lunsford wants to keep the treated gas as warm as possible as seen in Col. 1, lines 29-46. Lunsford in view of Cavallo teaches wherein some of the first pipe forms a heat exchanger inside the insulating container of the heat chamber, such that when the heating element is actuated the heat exchanger is heated and heats said at least one gas when flowing through the heat exchanger (Lunsford in view of Cavallo teaches a part of conduit 9 to be made out of metal and form a heat exchanger (taught by Cavallo) within heat insulative outer wall 4, such that when the exothermic reaction heats up liquid 2, conduit 9 is heated and heats the gas flowing within as seen in Col. 3, lines 13-19 and 29-49).
However, Chen teaches a humidifier (venturi 70, see Fig. 3) for mixing said at least one gas with vapor to obtain a mixture of humidified heated at least one gas (venturi 70 mixes humidified gas from humidifier 62 which travels through line 64 to nozzle 68 of venturi 70 and gas from line 46 as seen in Fig. 3 and Col. 7, lines 5-19 and Col. 13, lines 44-57).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by Lunsford in view of Cavallo to include the venturi taught by Chen to aid in humidifying gas for the patient without the need for additional and more complicated valves (see Col. 13, lines 50-57).
Regarding claim 2, modified Lunsford teaches the machine of claim 1, and further teaches wherein the heat exchanger is designed to be immersed in liquid within the insulating container (modified Lunsford teaches conduit 9 to form a heat exchanger (taught by Cavallo) within liquid 2 as seen in Fig. 1 of Lunsford).
Regarding claim 14, modified Lunsford teaches the machine of claim 1, and Lunsford further teaches wherein the insulating container is disposable (Lunsford teaches a thermally conductive disposable container 1 and a second disposable container 3 with a heat insulative outer wall 4 as seen in Fig. 1 and Col. 2, lines 61-67).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lunsford (US 4597917 A) in view of Cavallo (US 3863630 A) and Chen (US 4461293 A), as applied to claim 2 above, and further in view of Winski (US 20150306335 A1)
Regarding claim 3, modified Lunsford teaches the machine of claim 2, but does not teach wherein the heating chamber includes a liquid level sensor for detecting changes in a liquid level of the liquid within the insulating container, maintaining free space over the liquid level of the liquid, to facilitate generation of vapor of the liquid in the free space when the liquid is heated.
However, Winski teaches wherein the heating chamber (humidification chamber 32) includes a liquid level sensor (liquid level sensors 19, see Fig. 1 and [0028]-[0029]) for detecting changes in a liquid level of the liquid within the container, maintaining free space over the liquid level of the liquid, to facilitate generation of vapor of the liquid in the free space when the liquid is heated (liquid level sensors 19 output signals conveying information related to a current liquid level as seen in [0028]. The liquid level module 44 can determine liquid level 23 including the height at which the liquid surface sits at from the signals outputted by liquid level sensors 19 as seen in [0042] which can help determine the liquid usage rate as seen in [0043]. As such, the liquid level sensor 19 and liquid level module 44 can detect changes in liquid levels within chamber 32 to help maintain the free space over the liquid).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by modified Lunsford to include the liquid level sensor and liquid level module as taught by Winski to gauge the liquid level to determine usage rate to prevent the liquid from getting low or being too high (see [0042]-[0043]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lunsford (US 4597917 A) in view of Cavallo (US 3863630 A) and Chen (US 4461293 A), as applied to claim 14 above, and further in view of Kumar (US 20030131844 A1).
Regarding claim 15, modified Lunsford teaches the machine of claim 14, but does not teach wherein the second pipe is disposable.
However, Kumar teaches expiratory conduits to be made out of disposable corrugated plastic or rubber tubings as seen in [0102].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by modified Lunsford to have the expiratory conduit made out of disposable corrugated plastic or rubber tubings as taught by Kumar as it is known in the art to have the conduits be disposable (see [0102]).
Claim(s) 1 and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lunsford (US 4597917 A) in view of Liston (US 3434471 A) and Chen (US 4461293 A).
Regarding claim 1, Lunsford teaches a respiratory machine (Fig. 1 shows a portable medical gas warming system which provides treated gas for a patient as seen in Col. 2, lines 40-42 and Col. 3, lines 44-49) comprising:
a heat chamber (thermally conductive disposable container 1 and disposable container 3, see Fig. 1) comprising an insulating container (disposable container 3 comprises a heat insulative outer wall 4 as seen in Fig. 1 and Col. 2, line 61 to Col. 3, line 1) and a heating element (when plastic membrane 6 ruptures, the liquid activating chemical from compartment 7 and dry chemical from compartment 8 brings about an exothermic reaction which heats the liquid 2 as seen in Fig. 1 and Col. 3, lines 13-19 and 29-49);
a first pipe (conduit 9, see Fig. 1) with an inlet for connecting to a source of at least one gas (“Inlet conduit 9 may be connected to a source of pressurized oxygen, air, etc. (not shown) …” see Col. 3, lines 44-46); and
a second pipe (exit conduit 11, see Fig. 1) for delivering the mixture to a breathing port for assisting breathing of a patient (exit conduit 11 delivers the treated gas that has been heated and humidified to an inhalation mask for the patient for inhalation as seen in Fig. 1 and Col. 3, lines 46-49).
But does not teach wherein some of the first pipe forms a heat exchanger inside the insulating container of the heat chamber, such that when the heating element is actuated the heat exchanger is heated and heats said at least one gas when flowing through the heat exchanger;
a humidifier for mixing said at least one gas with vapor to obtain a mixture of humidified heated at least one gas.
However, Liston teaches wherein some of the first pipe (conduit 29 and first heat exchanger 95, see Fig. 2) forms a heat exchanger inside the insulating container of the heat chamber (container 91, see Fig. 2) (conduit 29 is connected to first heat exchanger 95 which is a block of metal and includes elongated shell 97, wherein elongated shell 97 is within container 91 as seen in Fig. 2 and Col. 5, lines 4-15), such that when the heating element (heater 101, see Fig. 2) is actuated the heat exchanger is heated and heats said at least one gas when flowing through the heat exchanger (heater 101 heats the incoming fluid from conduit 29 as seen in Fig. 2 and Col. 5, lines 4-15 and therefore, also heats elongated shell 97 as it is a heat exchanger as seen in Col. 5, lines 4-15 and lines 30-32).
Lunsford teaches the apparatus to heat the body core of the individual and even the small amounts provided by the method is a good rewarming to the patient and provides relief as seen in Col. 1, lines 29-46. As such, Lunsford teaches container 3 to have heat insulative outer walls 4 to keep the heat within the container. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by Lunsford to include the heat exchanger as taught by Liston for improving heat transfer characteristics (see Col. 5, lines 4-15 and lines 30-32).
However, Chen teaches a humidifier (venturi 70, see Fig. 3) for mixing said at least one gas with vapor to obtain a mixture of humidified heated at least one gas (venturi 70 mixes humidified gas from humidifier 62 which travels through line 64 to nozzle 68 of venturi 70 and gas from line 46 as seen in Fig. 3 and Col. 7, lines 5-19 and Col. 13, lines 44-57).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by Lunsford in view of Liston to include the venturi taught by Chen for aid in humidifying gas for the patient without the need for additional and more complicated valves (see Col. 13, lines 50-57).
Regarding claim 6, modified Lunsford teaches the machine of claim 1, and further teaches wherein the heat exchanger is embedded in a heat conducting block inside the heat chamber (modified Lunsford teaches heat exchanger 95 (taught by Liston) within thermally conductive disposable container 1 as seen in Fig. 1 of Lunsford, wherein heat exchanger 95 comprises an elongated shell 27 (taken as heat conducting block)).
Regarding claim 7, modified Lunsford teaches the machine of claim 6, and further teaches wherein free space is provided over the heat conducting block inside the insulating container to facilitate generation of vapor in the free space when liquid is introduced into the free space (Liston teaches a head space 106 over elongated shell/heat exchanger 97 as seen in Fig. 2 and Col. 5, lines 19-23. As such, modified Lunsford teaches the free space (above liquid 2 of Lunsford) is provided over elongated shell/heat exchanger 97 (as taught by Liston) inside container 1 to facilitate generation of vapor in the free space).
Claim(s) 1 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dixon (US 20110277758 A1) in view of Lunsford (US 4597917 A), Cavallo (US 3863630 A) and Chen (US 4461293 A).
Regarding claim 1, Dixon teaches a respiratory machine (respiratory therapy system 10 includes a ventilator 12 and humidifier 14 as seen in Fig. 1 and [0012]) comprising:
a heat chamber comprising a container and a heating element (“Humidifier 14 heats water within a humidification chamber to form water vapor…” see [0012] and Fig. 1; humidifier 14 comprises a humidification chamber and further comprises a heating element to heat the water);
a first pipe with an inlet for connecting to a source of at least one gas (“…ventilator 12 includes an air inlet 42 and a gas inlet 44 fluidly coupled to a gas mixing and flow delivery module 46.” See [0014]; air inlet 42 and gas inlet 44 are connected to an air/gas source as seen in Fig. 1 and [0014]); and
a second pipe (inspiratory limb 22, see Fig. 1) for delivering the mixture to a breathing port for assisting breathing of a patient (“Inspiratory conduit 22 is fluidly coupled to the inspiratory port 28, so that gases from ventilator 12 are transferred from the inspiratory port 28 to the patient port 30.” See [0013]).
But does not teach a heat chamber comprising an insulated container;
wherein some of the first pipe forms a heat exchanger inside the insulating container of the heat chamber, such that when the heating element is actuated the heat exchanger is heated and heats said at least one gas when flowing through the heat exchanger;
a humidifier for mixing said at least one gas with vapor to obtain a mixture of humidified heated at least one gas.
However, Lunsford teaches a heat chamber (thermally conductive disposable container 1 and disposable container 3, see Fig. 1) comprising an insulated container (disposable container 3 comprises a heat insulative outer wall 4 as seen in Fig. 1 and Col. 2, line 61 to Col. 3, line 1); and
wherein some of the first pipe (conduit 9, see Fig. 1) is within the insulating container of the heat chamber (conduit 9 is within disposable container 3 as seen in Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by Dixon to replace the humidifier with the medical gas warming system as taught by Lunsford as it would perform the same function of humidifying the gas and furthermore, is disposable (see Col. 2, line 61 to Col. 3, line 1).
However, Cavallo teaches pipe 18 which one part of the length is made out of metal and forms a heat exchanger with gas passing through the pipe as seen in Fig. 1 and Col. 2, lines 38-47. Cavallo further teaches a respiratory apparatus which includes a humidifier 15, which is connected to pipe 18 as seen in Fig. 1 and Col. 2, lines 36-38.
Lunsford teaches the apparatus to heat the body core of the individual and even the small amounts provided by the method is a good rewarming to the patient and provides relief as seen in Col. 1, lines 29-46. As such, Lunsford teaches container 3 to have heat insulative outer walls 4 to keep the heat within the container. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by Dixon in view of Lunsford to have the part of the first pipe be made out of metal as taught by Cavallo to form a heat exchanger within liquid 2 to aid in keeping the gas/liquid heated and to help prevent the temperature from dropping. Furthermore, both prior arts teach a portable/transportable apparatus, as Lunsford teaches a portable apparatus (see Col. 2, lines 31-33) and Cavallo teaches a readily transportable apparatus (see Col. 1, lines 13-16). The second pipe/conduit 11 will not be modified as the modification allow heat to dissipate from the treated gas and Lunsford wants to keep the treated gas as warm as possible as seen in Col. 1, lines 29-46. Modified Dixon teaches wherein some of the first pipe forms a heat exchanger inside the insulating container of the heat chamber, such that when the heating element is actuated the heat exchanger is heated and heats said at least one gas when flowing through the heat exchanger (Modified Dixon teaches a part of conduit 9 to be made out of metal and form a heat exchanger (taught by Cavallo) within heat insulative outer wall 4 of Lunsford, such that when the exothermic reaction heats up liquid 2, conduit 9 is heated and heats the gas flowing within as seen in Col. 3, lines 13-19 and 29-49 of Lunsford).
However, Chen teaches a humidifier (venturi 70, see Fig. 3) for mixing said at least one gas with vapor to obtain a mixture of humidified heated at least one gas (venturi 70 mixes humidified gas from humidifier 62 which travels through line 64 to nozzle 68 of venturi 70 and gas from line 46 as seen in Fig. 3 and Col. 7, lines 5-19 and Col. 13, lines 44-57).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by modified Dixon to include the venturi taught by Chen to aid in humidifying gas for the patient without the need for additional and more complicated valves (see Col. 13, lines 50-57).
Regarding claim 11, modified Dixon teaches the machine of any of claims 1-10 (claim 1), and Dixon further teaches further comprising a controller (controller 40, see Fig. 1) for monitoring and controlling operation of the machine (“…ventilator 12 includes a controller 40 for operating the ventilator 12. For example, the controller 40 can provide several functions to monitor and control various parameters associated with respiratory therapy system 10.” See [0014]).
Regarding claim 12, modified Dixon teaches the machine of claim 11, and Dixon further teaches wherein the controller is configured to receive sensed data from a plurality of sensors (flow sensor 48, pressure sensor 50, flow sensor 56 and carbon dioxide sensor 58, see Fig. 1) monitoring operation parameters of the respiratory machine and vital signs parameters of the patient, and to adjust operation of the respiratory machine according to a predetermined algorithm (Dixon teaches a controller 40 that can provide several functions to monitor and control various parameters of respiratory therapy system 10, including carbon dioxide quantity and gas mixture percentages as seen in [0014]. Dixon further teaches flow sensor 48 and pressure sensor 50 to be coupled controller 40 so as to provide data to controller 40 for control of ventilator 12, to aid in providing a desired blend of gas as seen in [0014]. Additionally, Dixon teaches flow sensor 56 and carbon dioxide sensor 58 to be connected to controller 40 and for carbon dioxide sensor 58 to determine if patient circuit 16 is properly coupled to the patient as seen in Fig. 1 and [0015]. If the carbon dioxide exhaled by the patient is below a threshold, an alarm 64 can be operated as seen in [0015]).
Regarding claim 13, modified Dixon teaches the machine of claim 12, and Dixon further teaches wherein the controller is configured to adjust one or more work parameters of the respiratory machine selected from the group of parameters consisting of: gas mixture of said at least one gas, flow rate of said at least one gas through the second pipe and temperature of said at least one gas passing through the heat exchanger (Dixon teaches a controller 40 that can provide several functions to monitor and control various parameters of respiratory therapy system 10, including flow rate, gas temperature, carbon dioxide quantity and gas mixture percentages as seen in [0014]).
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dixon (US 20110277758 A1) in view of Lunsford (US 4597917 A), Cavallo (US 3863630 A) and Chen (US 4461293 A), as applied to claim 1 above, and further in view of Hete (US 20080295842 A1).
Regarding claim 8, modified Dixon teaches the machine of claim 1, and further teaches an air inlet 42, a gas inlet 44 and a flow delivery module 46 but does not teach wherein the first pipe includes a three way valve for connecting to two gas ports.
However, Hete teaches wherein the pipe includes a three way valve (selector valve 98, see Fig. 3 and [0043]) for connecting to two gas ports (There is a conduit including selector valve 98 which is connected to a port for oxygen container 12 and a port for nitrogen gas container 32 as seen in Fig. 3 and [0024] and [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by modified Dixon to include a three way valve as taught by Hete to aid in delivering the desired gas mixture, by selecting one gas to move forward (see [0040]).
Regarding claim 9, modified Dixon teaches the machine of claim 8, and further teaches wherein the three way valve is configured to allow adjusting a desired mixing ratio of gases from the two gas ports (Dixon teaches a controller 40 and a flow delivery module 46 to provide a desired gas mixture as seen in Fig. 1 and [0014] and Hete teaches selector valve 98 to aid in delivering the desired gas mixture by selecting one gas to move forward (see [0040]) from either the air inlet 42 or gas inlet 44 of Dixon).
Regarding claim 10, modified Dixon teaches the machine of claim 8, and Dixon further teaches wherein the two gas ports comprise an air port and an oxygen port (Dixon teaches an air inlet 42 and a gas inlet 44 which provides oxygen as seen in Fig. 1 and [0014]).
Allowable Subject Matter
Claim 16 is allowed.
The following is an examiner’s statement of reasons for allowance: Claim 16 recites “A respiratory machine comprising: a heat chamber comprising an insulating container and a heating element; a plurality off first pipes, each with an inlet for connecting to a source of at least one gas, wherein some of each of the first pipes forms a heat exchanger inside the insulating container of the heat chamber, such that when the heating element is actuated the heat exchanger is heated and heats said at least one gas when flowing through the heat exchanger; a humidifier for mixing said at least one gas with vapor to obtain a mixture of humidified heated at least one gas; a plurality of second pipes, each for delivering the mixture to a breathing port for assisting breathing of a patient.”
Regarding claim 16, Charles teaches a respiratory machine (Fig. 1 shows an apparatus for administering temperature approximate anesthetic to a patient as seen in lines 9-20 and lines 38-39) comprising:
a heat chamber (vessel 5, see Fig. 1) comprising an insulating container (vessel 5 is insulated as it is a vessel capable of keeping heat in as seen in Fig. 1) and a heating element (Charles teaches hot water (taken as heating element) within vessel 5 as seen in Fig. 1 and lines 44-48);
a first pipe (pipe 2, coil 4 and pipe 6, see Fig. 1), with an inlet for connecting to a source of at least one gas (pipe 2 comprises an inlet connecting to valve 3 wherein air under pressure is admitted as seen in lines 44-48), wherein the first pipes forms a heat exchanger inside the insulating container of the heat chamber , such that when the heating element is actuated the heat exchanger is heated and heats said at least one gas when flowing through the heat exchanger (air admitted through valve 3 is heated by the passage through coil 4 in the hot water vessel 5 as seen in lines 60-63. As such, coil 4 forms a heat exchanger within vessel 5, such that the hot water heats the coil 4 to heat the gas passing through coil 4);
a second pipe (tube 11, see Fig. 1) for delivering the mixture to a breathing port (mask 12, see Fig. 1) for assisting breathing of a patient (tube 11 delivers the etherized air to mask 12 as seen in lines 53-59)
But does not teach a plurality off first pipes, each with an inlet for connecting to a source of at least one gas, wherein some of each of the first pipes forms a heat exchanger inside the insulating container of the heat chamber;
a humidifier for mixing said at least one gas with vapor to obtain a mixture of humidified heated at least one gas;
a plurality of second pipes, each for delivering the mixture to a breathing port for assisting breathing of a patient.
However, Chen teaches a humidifier (venturi 70, see Fig. 3) for mixing said at least one gas with vapor to obtain a mixture of humidified heated at least one gas (venturi 70 mixes humidified gas from humidifier 62 which travels through line 64 to nozzle 68 of venturi 70 and gas from line 46 as seen in Fig. 3 and Col. 7, lines 5-19 and Col. 13, lines 44-57).
Charles teaches the gas to be charged with liquid ether within container 7 as seen in lines 48-52 and further teaches a pipe 8 to deliver the etherized air as seen in Fig. 1 and lines 53-59. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the machine taught by Charles to replace container (7) with the line (64) and venturi taught by Chen for an alternative known method of mixing the gas from pipe 6 and the liquid ethyl.
Berry (US 7628034 B2) teaches a collection manifold 16 which splits off into a plurality of anesthetic gas collection units 30A-30C and anesthetizing stations (15A, 15B, 15C) as seen in Fig. 2. However, even after the modification of Berry to Charles in view of Chen, the limitation of “a plurality off first pipes, each with an inlet for connecting to a source of at least one gas, wherein some of each of the first pipes forms a heat exchanger inside the insulating container of the heat chamber” have not been met. As a result, because no references of record or reasonable conclusion thereof, could be found which disclose or suggest all features of claim 16, claim 16 is allowable over prior arts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lewis (US 20070175473 A1) teaches a respiratory apparatus with a blower for air, an oxygen valve and a humidifier.
Taube (US 20080156328 A1) teaches a bi-modal solenoid comprising two input gases and an output gas.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tina Zhang whose telephone number is (571)272-6956. The examiner can normally be reached Monday - Friday 9:00AM-5:00PM.
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/TINA ZHANG/Examiner, Art Unit 3785
/VICTORIA MURPHY/Supervisory Patent Examiner, Art Unit 4100