DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 21, 2025 has been entered.
Priority
Acknowledgement is made to Applicant’s claim to priority to Non-Provisional App. No. 14/909,622 filed February 2, 2016 now Patent No. 11,517,689; and to PCT NZ2014/000159 filed August 5, 2014 and to Provisional Applicant No. 61/862,391 filed August 5, 2013.
Status of Claims
This Office Action is responsive to the amendment filed on November 21, 2025. As directed by the amendment: claims 2 and 10 have been amended. Thus, claims 2-16 are presently pending in this application.
Claim(s) 2-5, 8-12, and 14-16 were previously rejected under 35 U.S.C. 103 as being unpatentable over Davenport et al. (U.S. Pub. No. 2008/0051674) in view of Chan et al. (WO 2013/043847 A1) in view of Bullock et al. (U.S. Pub. No. 2014/031535). Claim(s) 6-7 were previously rejected under 35 U.S.C. 103 as being unpatentable further in view of Kamen et al. (U.S. Pub. No. 2013/0184676). Claim(s) 13 was previously rejected under 35 U.S.C. 103 as being unpatentable further in view of Smith et al. (U.S. Pub. No. 2013/0310163).
Applicant's amendments necessitated the application of new grounds of rejection in light of prior art, shown below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-5, 8-12, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Davenport et al. (U.S. Pub. No. 2008/0051674; hereinafter: “Davenport”) in view of Chan et al. (WO 2013/043847 A1; hereinafter: “Chan”) in view of Bullock et al. (U.S. Pub. No. 2014/031535, filed April 24, 2013; hereinafter: “Bullock”).
Regarding Claim 2, Davenport discloses a system for providing respiratory therapy to a patient in an environment comprising: a respiratory device (40; Fig. 6-8) located in the environment, the respiratory device being configured to provide a heated and humidified flow of gases to the patient in accordance with a respiratory therapy (¶¶ 0072-0080; Fig. 6-8), the respiratory device comprising: a blower (44; Fig. 6-8) configured to generate the flow of gases (¶¶ 0072, 0075, 0079); a humidifier (48, 50; Fig. 6-8) configured to heat and humidity the flow of gases (¶¶ 0073, 0075-0079); a first communications module (¶¶ 0076-0079, 0111); a controller (56; Fig. 6-8); and the system is configured to
Davenport does not specifically disclose the system for providing respiratory therapy comprising a mobile computing device comprising: a processor; a memory; a user interface; and a second communications module, wherein the mobile computing device is configured to receive data from and/or transmit data to the respiratory device via the first and second communications modules through at least one communications network, and wherein the mobile computing device is further configured to prompt, on a display screen, the user to adjust at least one operation parameter of the humidifier of the respiratory device in response to the determined local environment data; in response to receiving input from the user, transmit a signal to the respiratory device to adjust the at least one operation parameter of the humidifier
Chan teaches system comprising respiratory device (¶¶ 0011-0014) having a first communications module and controller (¶¶ 0011-0014, 0044-0051, Claim 1) configurable to communicate with a mobile device (202, 208, 402; Fig. 2, 4A; ¶¶ 0011-0014, 0084-0093; Claim 1); wherein the mobile computing device comprising: a processor (164; Fig. 1C); a memory (166, 168; Fig. 1C); a user interface (A, B; Fig. A annotated below); and a second communications module (¶¶ 0044-0053), wherein the mobile computing device is configured to receive data from and/or transmit data to the respiratory device via the first and second communications modules through at least one communications network (“communication networked environment”; Abstract; ¶¶ 0013, 0017, 0018, 0036, 0042-0053; Fig. 1B, 1C, 2), and wherein the mobile computing device is further configured to access or determine local environment data indicative of climate
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Figure A, Adapted from Figure 2 of Chan.
Bullock teaches a system comprising a breathing device (60, 160; Fig. 2, 4) having a first communications module and controller (¶¶ 0081, 082, 0089; Fig. 4) and a the mobile computing device (“cellular phone, a tablet computer, or a smart device”; ¶¶ 0028, 0041, 0089) being further configured to prompt, on a display screen (screen of a computer or mobile device; ¶¶ 0089-0092), the user to adjust at least one operation parameter a respiratory device (¶¶ 0086, 0089-0092; Fig. 7; Examiner notes: Bullock discloses sending wireless alert as an email or text message to the user so that the user can make adjustments to the settings of the components of the breathing device including a humidifier (122; Fig 3A). These alerts are in response to a determined value outside a threshold.]; in response to receiving input from the user, transmit a signal to the respiratory device to adjust the at least one operation parameter of the humidifier alerting the caregiver when an undesirable signal or level is detected such that the caregiver may then adjust the breathing device based on the signal or undesirable levels (¶¶ 0041, 0042, 0089, 0092, 0093).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Davenport to include the mobile computing device comprising: the processor; the memory; the user interface; and the second communications module, wherein the mobile computing device is configured to receive data from and/or transmit data to the respiratory device via the first and second communications modules through at least one communications network, and wherein the mobile computing device is configured to receive data from and/or transmit data to the respiratory device via the first and second communications modules through at least one communications network, and wherein the mobile computing device is further configured to determine local environment data indicative of climate or weather conditions of the environment, prompt, on a display screen, the user to adjust at least one operation parameter of the humidifier of the respiratory device in response to the determined local environment data; in response to receiving input from the user, transmit a signal to the respiratory device to adjust the at least one operation parameter of the humidifier, as taught by Chan and Bullock for the purpose of identifying environmental factors impacting respiratory function based on known or historical data that would lead to a respiratory episode (See Chan: ¶¶ 0084-0093; Examples 2-6: ¶¶ 002-009) and alerting the caregiver when an undesirable signal or level is detected such that the caregiver may then adjust the breathing device based on the signal or undesirable levels (See Bullock: ¶¶ 0041, 0042, 0089, 0092, 0093), respectively.
Regarding Claim 3, the modified device of Davenport discloses the system wherein the mobile computing device or the respiratory device is GPS capable such that the mobile computing device is configured to access the local environment data using internet
Regarding Claim 4, the modified device of Davenport discloses the system wherein the mobile computing device is configured to estimate the local environment data based on data indicative of location, the mobile computing device or the respiratory device being GPS capable such that the data indicative of the location is accessed using internet
Regarding Claim 5, the modified device of Davenport discloses the system wherein the mobile computing device is configured to synchronize the data indicative of the time, date, location
Regarding Claim 8, the modified device of Davenport discloses the system wherein the local environment data comprises data indicative of one or more ambient conditions of the environment (See Davenport: ¶¶ 0078, 0079, See Chan: ¶¶ 0014-0021, 0084, 0089; Examples 2-6: ¶¶ 002-009).
Regarding Claim 9, the modified device of Davenport discloses the system wherein the data indicative of one or more ambient conditions comprises data indicative of any one or more of: local temperature or local humidity (See Davenport: ¶¶ 0078, 0079. See Chan: ¶¶ 0014-0021, 0084, 0089; Examples 2-6: ¶¶ 002-009).
Regarding Claim 10, the modified device of Davenport discloses the system wherein the mobile computing device is further configured to perform automatically adjusting or prompting on the display screen of the mobile computing device to adjust power applied to a heater plate of the humidifier of or connected to the respiratory device in response to the determined local environment data indicative of local temperature or local humidity (See Davenport: ¶¶ 0078, 0079, See Chan: ¶¶ 0014-0021, 0084, 0089; Examples 2-6: ¶¶ 002-009).
Regarding Claim 11, the modified device of Davenport discloses the system wherein the mobile computing device is configured to facilitate control of the respiratory device based on the local environment data in response to the local environment data matching one or more parameters of the environment the respiratory device is located in, wherein the one or more parameters include one or more of: temperature, humidity,
Regarding Claim 12, the modified device of Davenport discloses the system wherein the mobile computing device or the respiratory device is configured to adjust one or more humidity settings of the humidifier according to a patient interface (See Bullock: 20; Fig 1) of or connected to the respiratory device (See Davenport: ¶¶ 0076, 0077, See Bullock: ¶¶ 0048, 0052, 0080, 0081, 0093; Claim 13).
Regarding Claim 14, the modified device of Davenport discloses the system wherein the mobile computing device comprises a cellular phone (See Chan: 208; Fig. 2) with a touch-sensitive display screen (A, Fig. A annotated above), the touch-sensitive display screen comprising a graphical user interface (B, Fig. A annotated above), and wherein the respiratory device is a continuous positive airway pressure (CPAP) device (See Davenport: ¶¶ 0064, 0100) or a high-flow oxygen therapy device (See Davenport: ¶¶ 0013, 0067-0069, 0071, 0072).
Regarding Claim 15, the modified device of Davenport discloses the system wherein the mobile computing device is configured to communicate through the at least one communications network with, or comprises, at least one sensor, the at least one sensor comprising one or more of: at least one environment sensor configured to generate data representing a condition of an environment about the mobile computing device
Regarding Claim 16, the modified device of Davenport discloses the system wherein the mobile computing device is configured to perform one or more of: prompting, via the user interface, the patient or other user, based on data generated by the at least one sensor (See Davenport: 66, 68; Fig. 6-8), to change the at least one operation parameter of the respiratory device (See Bullock: ¶¶ 0041, 0042, 0089-0093); or
indicating, based on data generated by the at least one sensor, an adverse operating condition of the respiratory device, (See Bullock: ¶¶ 0041, 0042, 0089-0093).
Claim(s) 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Davenport in view of Chan in view of Bullock as applied to claim 4 above, and further in view of Kamen et al. (U.S. Pub. No. 2013/0184676.
Regarding Claim 6, the modified device of Davenport discloses the system, shown above.
The modified device of Davenport does not specifically disclose the system wherein the mobile computing device or the respiratory device is configured to adjust a brightness of a display of the respiratory device based on the data indicative of the time, date, location
Kamen teaches an apparatus configured to adjust a brightness of a display (screen; ¶ 0433) of a medical device (1; Fig. 1) based on the data indicative of the time (¶ 0433) for the purpose of matching the brightness of the screen to the time of day (¶ 0433).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the modified device of Davenport to include the mobile computing device or the respiratory device is configured to adjust a brightness of a display of the respiratory device based on the data indicative of the time as taught by Kamen for the purpose of matching the brightness of the screen to the time of day (See Kamen: ¶ 0433).
Regarding Claim 7, the modified device of Davenport discloses the system wherein the mobile computing device or the respiratory device is configured to perform one or more of: automatically increasing the brightness of the display of the respiratory device in night based on the data indicative of time (See Kamen: ¶ 0433); automatically decreasing the brightness of the display of the respiratory device daylight based on the data indicative of time (See Kamen: ¶ 0433); or automatically adjusting a default brightness of the display of the respiratory device based on the data indicative of the time (See Kamen: ¶ 0433).
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Davenport in view of Chan in view of Bullock as applied to claim 2 above, and further in view of Smith et al. (U.S. Pub. No. 2013/0310163; hereinafter: “Smith”).
Regarding Claim 13, the modified device of Davenport discloses the system, shown above.
The modified device of Davenport does not specifically disclose the system wherein the mobile computing device is configured to automatically set the mobile computing device to a silent or sleep mode when connected to control the respiratory device such that sounds from the mobile computing device are silenced to avoid the sounds interrupting a user during a respiratory therapy session.
Smith teaches a mobile computing device configured to automatically set the mobile computing device to a silent or sleep mode during a session (¶ 0082) such that sounds from the mobile computing device are silenced to avoid the sounds interrupting a user during the session (¶ 0082) for the purpose of ensuring that the mobile computing device does not interrupt the user during the session (¶ 0082).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the modified device of Davenport to include the mobile computing device being configured to automatically set the mobile computing device to the silent or sleep mode when connected to control the respiratory device such that sounds from the mobile computing device are silenced to avoid the sounds interrupting a user during a respiratory therapy session as taught by Smith for the purpose of ensuring that the mobile computing device does not interrupt the user during the session (See Smith: ¶ 0082).
Response to Arguments
Applicant's arguments filed November 21, 2025 have been fully considered but they are not persuasive. Applicant asserts that prior art of record Davenport in view of Chan and Bullock fail to disclose “prompt, on a display screen, the user to adjust at least one operation parameter of the humidifier of the respiratory device in response to the determined local environment data; in response to receiving input from the user, transmit a signal to the respiratory device to adjust the at least one operation parameter of the humidifier.” as recited in independent claim 1.
Specifically, Chan teaches sending "an alert to the potential of a respiratory episode, suggestions for preparing for a change in environment, historical information about reactions to current or predicted future conditions in a specific geography" or "provid[ing] additional data, alerts, or reports to the user's healthcare provider to enable the healthcare provider to monitor conditions and propose changes in treatment protocol." See Chan, [0088]. While Bullock teaches emit an audible alarm or send a message to a caregiver, as described above and in [0041] of Bullock. However, sending an alert/message, even if displayed on a screen of a computing device, is not the same as prompting a user to adjust at least one operation parameter of the humidifier of the respiratory device, Pg. 6-7.
Examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Specifically, Applicant’s assertion outline how the individually the prior art of record Davenport, Chan, and Bullock fail to disclose a limitation but do not address the combinations of references. Davenport discloses controlling at least one operation parameter of the respiratory device based on the local environment data determined by the mobile computing device (¶¶ 0078, 0079). Chan teaches the mobile computing device configured to access or determine local environment data indicative of climate or weather conditions of the environment (¶¶ 0084-0093; Examples 2-6: ¶¶ 002-009). And lastly, Bullock teaches a system comprising a breathing device (60, 70, 122, 160, 180; Fig. 2, 4) that includes a humidification device (122; Fig. 3A). The breathing device of Bullock sends wireless alert as an email or text message to the user. Thereby prompting the user on a display thereof so the user can make adjustments to the settings of the components of the breathing device including the humidifier (¶¶ 0081-0093).
Applicant asserts that prior art of record Davenport in view of Chan and Bullock fail to disclose “the mobile computing device being further configured to directly control at least one operation parameter of the respiratory device based on the local environment data”, Pg. 7-8
Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the mobile computing device being further configured to directly control) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Specifically, in the amendment filed November 21, 2025, the limitation “directly control” has been removed from independent claim 2. As such, the prior art is not required to disclose the limitation at issue.
Therefore, arguments filed November 21, 2025 have been fully considered but they are not persuasive.
Conclusion
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/ELLIOT S RUDDIE/Primary Patent Examiner, Art Unit 3785