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 .
Status of the Claims
This office action is responsive to the amendment filed on 02/04/2026. As directed by the amendment: claims 1-5, 7-8, and 13-18 have been amended, claims 6 and 9-12 have been canceled, and new claims 12-21 have been added. Thus, claims 1-5, 7-8, and 13-21 are presently pending in the application.
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.
Claims 1-5, 13, 16-19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Warkander (US 6618687 B2) in view of Brown (WO 2019038566 A1).
Regarding claim 1, Warkander discloses a filter arrangement for filtering out a gas from a gas mixture (Set forth in the Abstract; Column 2 line 65 – column 3 line 8; FIG. 1), the filter arrangement comprising: a filter unit (FIG. 1 CO2 absorber 100 as set forth in Column 2 line 65 – column 3 line 8) comprising an inlet (FIG. 1 Inlet 100A as set forth in column 3 lines 24-33) and an outlet (FIG. 1 Outlet 100B as set forth in column 3 lines 24-33), wherein the filter unit is configured to filter gas out of the gas mixture with the gas mixture flowing through the filter unit (As set forth in column 2 line 65 – column 3 line 8), the filter unit is configured to take up the gas (as set forth in Column 2 line 65 – column 3 line 8), wherein the filter unit heats up as a consequence of taking up the gas (FIG. 1 The exothermic reaction takes place close to inlet 100A of the absorber 100 which produces a high temperature in that region, and as the warm gas travels downstream, it heats up the rest of the absorber as set forth in column 4 lines 7-11), wherein the filter arrangement is configured such that the gas mixture flows through the inlet into the filter unit, flows at least once through the filter unit and flows through the outlet out of the filter unit (FIG. 1 CO2 absorber 100 receives exhaust gas (i.e., exhaled breath) and exothermically reacts with same along a flow path depicted by dashed lines 102, and outputs a reaction gas that is mostly free of CO2), a sensor arrangement comprising a filter temperature sensor configured to measure at least once an indicator of a temperature in a measuring area (FIG. 1 Location in the flow path 102 corresponding with temperature sensors 12-16) inside the filter unit (FIG. 1 Temperature sensor 12 as set forth in column 3 line 24-33), wherein the filter arrangement is configured: to generate a message depending on the measured temperature; and to output the message or cause that message to be output in a form that is perceptible by a human being, and wherein the message comprises information about a current state of the filter unit (FIG. 1 Temperature sensors 10-18 have their outputs coupled to a processor 20 where the corresponding measured temperatures are processed to continually provide an estimate of the remaining absorptive capacity of CO2 absorber 100; where the estimate can be displayed visually by means of a display 22 coupled to processor 20 as set forth in column 3 lines 34-55).
Warkander fails to explicitly disclose, wherein the filter unit comprises a filter mount and a filter; wherein the filter is inserted or insertable into the filter mount; wherein the filter arrangement is configured such that, with the filter inserted into the filter mount, the gas mixture flows into the filter mount, through the inlet, through the filter, out of the outlet and out of the filter mount, wherein the filter temperature sensor is inserted into a wall of the filter mount and is spaced from the inserted filter.
However, Brown teaches, wherein the filter unit comprises a filter mount (Brown: FIG. 2-3 Inlet 204, outlet 211, the inlet and outlet fittings, as well as insulation casing 212 as set forth on page 19 lines 23-26 ) and a filter (Brown: Cannister containing filter material 210 as set forth on page 19 lines 23-26); wherein the filter is inserted or insertable into the filter mount (Brown: Another canister can then be placed into the insulated housing and connected to the inlet and outlet fittings as set forth on page 19 lines 23-26); wherein the filter arrangement is configured such that, with the filter inserted into the filter mount, the gas mixture flows into the filter mount and out of the filter mount (Brown: The mixture of gases passes through the canister 208, the anesthetic agent is absorbed onto the filter material 210 and the remaining gases exit the canister through the exit pipe 211 as set forth on page 19 lines 23-26), wherein the filter temperature sensor is inserted into a wall of the filter mount and is spaced from the inserted filter (Brown: FIG. 3 Thermistor or thermocouple 303 in the exit pipe 311 as set forth on page 20 lines 22-28).
Warkander and Brown are both considered to be analogous to the claimed invention because they are in the same field of capture systems suitable for a medical facility, the systems comprising filter material for capturing a gas from a gas mixture flow. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure of Warkander between the inlet and an outlet of the filter unit to incorporate the teaching of Brown and include a filter mount (Brown: FIG. 2-3 Inlet 204, outlet 211, the inlet and outlet fittings, as well as insulation casing 212 as set forth on page 19 lines 23-26 ) and a filter (Brown: Cannister containing filter material 210 as set forth on page 19 lines 23-26); wherein the filter is inserted or insertable into the filter mount (Brown: Another canister can then be placed into the insulated housing and connected to the inlet and outlet fittings as set forth on page 19 lines 23-26); wherein the filter arrangement is configured such that, with the filter inserted into the filter mount, the gas mixture flows into the filter mount, through the inlet, through the filter, out of the outlet and out of the filter mount (Brown: The mixture of gases passes through the canister 208, the anesthetic agent is absorbed onto the filter material 210 and the remaining gases exit the canister through the exit pipe 211 as set forth on page 19 lines 23-26), wherein the filter temperature sensor is inserted into a wall of the filter mount and is spaced from the inserted filter (Brown: FIG. 3 Thermistor or thermocouple 303 in the exit pipe 311 as set forth on page 20 lines 22-28). In the case of Warkander as modified by brown, the gas mixture flows through inlet Inlet 100A of Warkander, through the filter mount (Brown: FIG. 2-3 Inlet 204, outlet 211, the inlet and outlet fittings, as well as insulation casing 212 as set forth on page 19 lines 23-26 ) and filter (Brown: Cannister containing filter material 210 as set forth on page 19 lines 23-26) of Brown, and then through the outlet 100B of Warkander. Doing so would provide a means of replacing the filter material when the captured gas is no longer being absorbed by the filter (Brown: As set forth on page 11 lines 15-20 and page 19 lines 23-26), as well as providing a location for a temperature sensor, wherein the location doesn’t affect the exchangeability of the filter.
Regarding claim 2, Warkander discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Warkander as modified further discloses a filter arrangement, further comprising a signal-processing evaluation unit (FIG. 1 Processor 20 as set forth in column 3 lines 34-38) configured: to decide, using a signal from the filter temperature sensor (FIG. 1 Temperature sensors 12-16; As set forth in column 3 lines 34-55), whether a predetermined criterion is met, wherein the predetermined criterion depends on at least one value of the temperature in the measuring area; and to generate the message with the information about the state of the filter unit if the criterion is met (The normalized temperature differences are compared to a predetermined experimentally-based calibration curve or function to determine the remaining absorptive capacity of CO2 absorber 100; The calibration curve or function could be represented by a plot, for example, of the percentage of remaining absorptive capacity versus relative or normalized temperatures as set forth in column 4 lines 44-53; which is then represented visually on a display as set forth in column 2 lines 34-38).
Regarding claim 3, Warkander discloses the claimed invention substantially as claimed as set forth for claim 2 above.
Warkander as modified further discloses the filter arrangement, wherein: the filter temperature sensor is configured to measure the indicator of the temperature in the measuring area at a plurality of successive sampling times; the signal-processing evaluation unit is configured to determine a time course of the temperature in the measuring area using a signal from the filter temperature sensor, and the criterion for which the message is generated when the criterion is met depends on the time course of the temperature in the measuring area (The predetermined calibration curve or function can be developed by actually testing the particular gas absorber design; That is, in the test or calibration determination mode, the gas absorber would be used continuously until there was zero absorptive capacity; During the test process, temperatures would be recorded at the various sensor positions at predetermined time intervals to yield a temperature distribution; A calibration function can then be derived from this distribution as would be well understood by one of ordinary skill in the art as set forth in column 4 lines 44-60; The calibration curve/function is then used to determine the absorptive capacity, which is used to determine the display output).
Regarding claim 4, Warkander discloses the claimed invention substantially as claimed as set forth for claim 2 above.
Warkander as modified further discloses the filter arrangement, wherein: the filter temperature sensor is a first filter temperature sensor and the measuring area is a first measuring area (FIG. 1 Temperature sensor 12 as set forth in column 3 lines 24-33; the measuring area being the location in the flow path 102 corresponding with temperature sensors 12-16); the sensor arrangement further comprises a second filter temperature sensor configured to measure at least once an indicator of a temperature in a second measuring area inside the filter unit (FIG.1 Temperature sensor 10 positioned to sense the temperature of the gas in an inlet 100A as set forth in column 3 lines 24-33); the first measuring area, with respect to a direction in which the gas mixture flows through the filter unit, is arranged downstream of the second measuring area (FIG. 1 The location in the flow path 102 corresponding with temperature sensors 12-16 located downstream of the gas inlet 100A); the signal-processing evaluation unit is configured to use a signal from the first filter temperature sensor and a signal from the second filter temperature sensor to determine a spatial course at a time point of the temperature along a distance from the inlet to the outlet of the filter unit (FIG. 1 a set of temperature differences are generated where each temperature difference is defined as the temperature difference between the temperature at inlet 100A, measured by sensor 10, and one of the subsequent sensors (i.e., sensors 12-18) distributed along flow path 102 as set forth in column 4 lines 14-20); and the predetermined criterion for which the message is generated depends on the determined spatial course of the temperature along the distance (The temperature differences compare to the predetermined calibration curve or function developed by, recording temperatures at the various sensor positions at predetermined time intervals to yield a temperature distribution as set forth in column 4 lines 44-60; The calibration curve/function is then used to determine the absorptive capacity, which is used to determine the display output).
Regarding claim 5, Warkander discloses the claimed invention substantially as claimed as set forth for claim 2 above.
Warkander as modified fails to explicitly disclose the filter arrangement, wherein the sensor arrangement comprises an ambient temperature sensor configured to measure an indicator of a temperature in the environment of the filter arrangement as a measured ambient temperature or is adapted to receive a signal containing a measured ambient temperature from an ambient temperature sensor, and wherein the evaluation unit is configured to calculate a difference between a filter temperature measured by the filter temperature sensor and the measured ambient temperature, wherein the criterion depends on the difference between the measured filter temperature and the measured ambient temperature.
However, Warkander does teach that in while the approach of the invention at hand is nearly independent of ambient conditions, a variety of operating environments can be accommodated merely by providing the relevant calibration curves/functions. Warkander also teaches that experimental data confirmed the belief that ambient temperature increases in CO2 absorber vary in complex ways depending on ambient temperature and that further refinements may be gained by measuring the current ambient temperature. Further, it may be necessary to combine a number of experimentally determined calibration curves/functions from varying ambient temperatures to yield some average function which, in the average usage, will provide the user with a "safe" indication of remaining absorptive capacity (As set forth in column 4 line 61 – column 5 line 30).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Warkander to incorporate the teaching that ambient temperature increases in CO2 absorber vary in complex ways depending on ambient temperature and that further refinements may be gained by measuring the current ambient temperature, using an ambient temperature sensor, to combine a number of experimentally determined calibration curves/functions from varying ambient temperatures to yield some average function. Doing so would provide the user with a "safe" indication of remaining absorptive capacity (As set forth in column 4 line 61 – column 5 line 30), wherein the ambient temperature and its effect on the absorptive capacity of the filter is being considered while using the calibration curves and average functions, which further involves a difference between the filter temperature and a threshold representative of an ambient temperature.
Regarding claim 13, Warkander as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Warkander as modified fails to explicitly disclose wherein the filter unit is configured to filter out anesthetic from the gas mixture.
However, Brown teaches wherein the filter unit is configured to filter out anesthetic from the gas mixture (Brown: An anesthetic agent capture system comprising filter material for capturing volatile anesthetic agents from a gas flow as set forth in the abstract).
Warkander further teaches that the present invention can be used in conjunction with any gas absorber that absorbs a gas during an exothermic or endothermic reaction in order to estimate the remaining absorptive capacity of the gas absorber (Column 3 lines 9-15 and Column 5 lines 22-24), and that while the reaction gas is could be available for use by the re-breathing system, it is to be understood that the particular use of the reaction gas is not a limitation of the present invention.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Warkander to incorporate the teaching of Brown and include wherein the filter unit is configured to filter out anesthetic from the gas mixture (Brown: An anesthetic agent capture system comprising filter material for capturing volatile anesthetic agents from a gas flow as set forth in the abstract). Doing so would enable the device to capture anesthetic agents for possible recovery in order to reduce the significant cost of their extensive use in modern healthcare and reduce the amount of potent greenhouse gases produced (Brown: As set forth on page 1 lines 18-24).
Regarding claim 16, Warkander discloses a process for filtering a gas from a gas mixture using a filter arrangement (Set forth in the Abstract; Column 2 line 65 – column 3 line 8; FIG. 1) which comprises a filter unit (FIG. 1 CO2 absorber 100 as set forth in Column 2 line 65 – column 3 line 8) and a sensor arrangement with a filter temperature sensor (FIG. 1 Temperature sensor 12 as set forth in column 3 line 24-33), wherein the filter unit comprises an inlet (FIG. 1 Inlet 100A as set forth in column 3 lines 24-33) and an outlet (FIG. 1 Outlet 100B as set forth in column 3 lines 24-33), the process comprising the steps of: providing a gas mixture such that the gas mixture flows through the inlet into the filter unit with the gas mixture flowing through the filter unit at least once and flows through the outlet out of the filter unit; with the filter unit, filtering gas out of the gas mixture while the gas mixture flows through the filter unit (FIG. 1 CO2 absorber 100 receives exhaust gas (i.e., exhaled breath) and exothermically reacts with same along a flow path depicted by dashed lines 102, and outputs a reaction gas that is mostly free of CO2); taking up the filtered-out gas with the filter unit heating up as a result of taking up of the gas (FIG. 1 The exothermic reaction takes place close to inlet 100A of the absorber 100 which produces a high temperature in that region, and as the warm gas travels downstream, it heats up the rest of the absorber as set forth in column 4 lines 7-11); with the filter temperature sensor (FIG. 1 Temperature sensor 12 as set forth in column 3 line 24-33), measuring an indicator of a temperature in a measuring area inside the filter unit (FIG. 1 Location in the flow path 102 corresponding with temperature sensors 12-16); generating a message depending on the measured temperature; and outputting the generated message or causing the generated message to be output in a form that can be perceived by a human being, said message comprising information about a current state of the filter unit (FIG. 1 Temperature sensors 10-18 have their outputs coupled to a processor 20 where the corresponding measured temperatures are processed to continually provide an estimate of the remaining absorptive capacity of CO2 absorber 100; where the estimate can be displayed visually by means of a display 22 coupled to processor 20 as set forth in column 3 lines 34-55).
Warkander fails to explicitly disclose, wherein the filter unit comprises a filter mount and a filter; wherein the filter is inserted or insertable into the filter mount; wherein the filter arrangement is configured such that, with the filter inserted into the filter mount, the gas mixture flows into the filter mount and out of the filter mount, wherein the filter temperature sensor is inserted into a wall of the filter mount and is spaced from the inserted filter.
However, Brown teaches, wherein the filter unit comprises a filter mount (Brown: FIG. 2-3 Inlet 204, outlet 211, the inlet and outlet fittings, as well as insulation casing 212 as set forth on page 19 lines 23-26 ) and a filter (Brown: Cannister containing filter material 210 as set forth on page 19 lines 23-26); wherein the filter is inserted or insertable into the filter mount (Brown: Another canister can then be placed into the insulated housing and connected to the inlet and outlet fittings as set forth on page 19 lines 23-26); wherein the filter arrangement is configured such that, with the filter inserted into the filter mount, the gas mixture flows into the filter mount and out of the filter mount (Brown: The mixture of gases passes through the canister 208, the anesthetic agent is absorbed onto the filter material 210 and the remaining gases exit the canister through the exit pipe 211 as set forth on page 19 lines 23-26), wherein the filter temperature sensor is inserted into a wall of the filter mount and is spaced from the inserted filter (Brown: FIG. 3 Thermistor or thermocouple 303 in the exit pipe 311 as set forth on page 20 lines 22-28).
Warkander and Brown are both considered to be analogous to the claimed invention because they are in the same field of capture systems suitable for a medical facility, the systems comprising filter material for capturing a gas from a gas mixture flow. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure of Warkander between the inlet and an outlet of the filter unit to incorporate the teaching of Brown and include a filter mount (Brown: FIG. 2-3 Inlet 204, outlet 211, the inlet and outlet fittings, as well as insulation casing 212 as set forth on page 19 lines 23-26 ) and a filter (Brown: Cannister containing filter material 210 as set forth on page 19 lines 23-26); wherein the filter is inserted or insertable into the filter mount (Brown: Another canister can then be placed into the insulated housing and connected to the inlet and outlet fittings as set forth on page 19 lines 23-26); wherein the filter arrangement is configured such that, with the filter inserted into the filter mount, the gas mixture flows into the filter mount, through the inlet, through the filter, out of the outlet and out of the filter mount (Brown: The mixture of gases passes through the canister 208, the anesthetic agent is absorbed onto the filter material 210 and the remaining gases exit the canister through the exit pipe 211 as set forth on page 19 lines 23-26), wherein the filter temperature sensor is inserted into a wall of the filter mount and is spaced from the inserted filter (Brown: FIG. 3 Thermistor or thermocouple 303 in the exit pipe 311 as set forth on page 20 lines 22-28). In the case of Warkander as modified by brown, the gas mixture flows through inlet 100A of Warkander, through the filter mount (Brown: FIG. 2-3 Inlet 204, outlet 211, the inlet and outlet fittings, as well as insulation casing 212 as set forth on page 19 lines 23-26 ) and filter (Brown: Cannister containing filter material 210 as set forth on page 19 lines 23-26) of Brown, and then through the outlet 100B of Warkander. Doing so would provide a means of replacing the filter material when the captured gas is no longer being absorbed by the filter (Brown: As set forth on page 11 lines 15-20 and page 19 lines 23-26), as well as providing a location for a temperature sensor, wherein the location doesn’t affect the exchangeability of the filter.
Regarding claim 17, Warkander discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Warkander further discloses the process, wherein the process further comprises: deciding whether a predetermined criterion is fulfilled, the criterion depending on the temperature in the measuring area; and if the predetermined criterion is fulfilled, generating and outputting the message with the information about the state of the filter unit ( FIG. 1 Temperature sensors 12-16, including specifically temperature sensor 12 from a location in the flow path 102 corresponding with temperature sensors 12-16, is used to determine temperature difference where they are then compared to a predetermined experimentally-based calibration curve or function to determine the remaining absorptive capacity of CO2 absorber 100; The calibration curve or function could be represented by a plot, for example, of the percentage of remaining absorptive capacity versus relative or normalized temperatures as set forth in column 4 lines 44-53; which is then represented visually on a display as set forth in column 2 lines 34-38).
Regarding claim 18, Warkander discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Warkander further discloses the process, wherein the process comprises the further steps of: with the filter temperature sensor, measuring the indicator of temperature in the measuring area at a plurality of successive sampling times; determining a time course of the measured temperature in the measuring area; and providing the criterion for generating the message so that the criterion depends on the time course of the temperature in the measuring area (The predetermined calibration curve or function can be developed by actually testing the particular gas absorber design; That is, in the test or calibration determination mode, the gas absorber would be used continuously until there was zero absorptive capacity; During the test process, temperatures would be recorded at the various sensor positions at predetermined time intervals to yield a temperature distribution; A calibration function can then be derived from this distribution as would be well understood by one of ordinary skill in the art as set forth in column 4 lines 44-60; The calibration curve/function is then used to determine the absorptive capacity, which is used to determine the display output).
Regarding claim 19, Warkander discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Warkander as modified by Brown further teaches, wherein a portion of the filter temperature sensor is in a contact with the wall (Brown: FIG. 3 Thermistor or thermocouple 303 in the exit pipe 311 as set forth on page 20 lines 22-28; the thermistor 303 being in contact with the wall of the exit pipe of the filter mount).
Regarding claim 21, Warkander discloses the claimed invention substantially as claimed as set forth for claim 16 above.
Warkander as modified by Brown further teaches, wherein a portion of the filter temperature sensor is in a contact with the wall (Brown: FIG. 3 Thermistor or thermocouple 303 in the exit pipe 311 as set forth on page 20 lines 22-28; the thermistor 303 being in contact with the wall of the exit pipe of the filter mount).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Warkander (US 6618687 B2) in view of Brown (WO 2019038566 A1) as applied to claim 1, in further view of Koch (US 8182144 B2).
Regarding claim 7, Warkander as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Warkander as modified is silent as to the type of temperature sensor used and fails to explicitly disclose, wherein the filter temperature sensor comprises an infrared sensor configured to measure an indicator of an amount or of an intensity of infrared radiation emitted by the filter, as the indicator of temperature.
However, Koch teaches wherein a temperature sensor comprises an infrared sensor configured to measure an indicator of an amount or of an indicator of an intensity of infrared radiation, as the indicator of the temperature (Koch: FIG. 3 Hollow body 1, which is closed towards the flow channel 2, 6, extends into the flow channel for assuming the temperature in the flow channel; and an infrared detector 3, 7 is directed toward the inner surface of the hollow body extending into the flow channel for the contactless detection of the temperature of the hollow body as set forth in the abstract; measuring an indicator of an amount of infrared radiation being the inherent function of an infrared detector).
Warkander and Koch are both considered to be analogous to the claimed invention because they are in the same field of temperature-measuring devices for a flow channel for breathing gas. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature sensors of Warkander for measuring the temperature of the gas designated by the heat produced via the filter during the absorption of gas to incorporate the teaching of Koch and include wherein a temperature sensor comprises an infrared sensor configured to measure an indicator of an amount or of an intensity of infrared radiation, as the indicator of temperature (Koch: FIG. 3 Hollow body 1, which is closed towards the flow channel 2, 6, extends into the flow channel for assuming the temperature in the flow channel; and an infrared detector 3, 7 is directed toward the inner surface of the hollow body extending into the flow channel for the contactless detection of the temperature of the hollow body as set forth in the abstract; measuring an indicator of an amount of infrared radiation being the inherent function of an infrared detector). Doing so would provide a means for contactless detection of temperature, useful when uncoupling between the temperature sensor and the temperature measurement site is required (Koch: As set forth in column 1 lines 62-67).
Regarding claim 8, Warkander as modified discloses the claimed invention substantially as claimed as set forth for claim 7 above.
Warkander as modified by Koch further teaches, wherein the infrared sensor comprises several thermo-piles (Koch: As set forth in column 2 lines 13-14 and column 4 lines 4-7)
Claims 14 -15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Summers (US 20160310690 A1) in view of Warkander (US 6618687 B2) and Brown (WO 2019038566 A1).
Regarding claim 14, Summers discloses a ventilation system for ventilation of a patient (FIG. 1 Anesthesia gas delivery system or machine 100 as set forth in [0037]), the ventilation system comprising: a ventilator (FIG. 1 Ventilator piston unit 106 set forth in [0037]); a fluid guide unit (FIG. 1 The pathway directing gas flow to and from the patient as shown in the figure and denoted by the arrows); a fluid guide unit (FIG. 1 The pathway directing gas flow to and from the patient as shown in the figure and denoted by the arrows) comprising an inspiration portion (FIG. 1 The pathway directing gas flow to the patient comprising the inspiration valve 110 set forth in [0037] as shown in the figure), the fluid guide unit being configured to at least temporarily establish a fluid connection between the ventilator and a patient-side coupling unit (FIG. 1 Ventilator piston and breathing apparatus 114 connected through the fluid guide unit as shown in the figure), wherein the patient-side coupling unit is connected or connectable to a patient (FIG. 1 Breathing apparatus 114 attaches to patient 101 to facilitate patient inhalation as set forth in [0037]), wherein the ventilator is configured to deliver a gas mixture comprising oxygen (FIG.1 The breathing circuit includes an oxygen, air, N2O gas supply 102 and anesthesia gas vaporizers 104 as set forth in [0037]) through the inspiration portion to the patient-side coupling unit
Summers fails to explicitly disclose a filter arrangement configured to be at least temporarily in a fluid communication connection with the fluid guide unit and configured to filter out gas from a further gas mixture, the filter arrangement comprising: a filter unit comprising an inlet and an outlet, wherein the filter unit is configured to take up the gas, wherein the filter unit heats up as a consequence of taking up the gas, wherein the filter arrangement is configured such that the further gas mixture flows through the inlet into the filter unit, flows at least once through the filter unit and flows through the outlet out of the filter unit, a sensor arrangement comprising a filter temperature sensor configured to measure at least once an indicator of temperature in a measuring area inside the filter unit, wherein the filter arrangement is configured: to generate a message depending on the measured temperature; and to output the message or to cause that message to be output in a form that is perceptible by a human being, and wherein the message comprises information about a current state of the filter unit.
However, Warkander teaches a filter arrangement (Warkander: Set forth in the Abstract; Column 2 line 65 – column 3 line 8; FIG. 1) configured to filter out gas from a further gas mixture (Warkander: Set forth in the Abstract; Column 2 line 65 – column 3 line 8; FIG. 1), the filter arrangement comprising: a filter unit (Warkander: FIG. 1 CO2 absorber 100 as set forth in Column 2 line 65 – column 3 line 8) comprising an inlet (Warkander: FIG. 1 Inlet 100A as set forth in column 3 lines 24-33) and an outlet (Warkander: FIG. 1 Outlet 100B as set forth in column 3 lines 24-33), wherein the filter unit is configured to filter gas out of the gas mixture with the gas mixture flowing through the filter unit (Warkander: As set forth in column 2 line 65 – column 3 line 8), the filter unit is configured to take up the gas (Warkander: As set forth in Column 2 line 65 – column 3 line 8), wherein the filter unit heats up as a consequence of taking up the gas (Warkander: FIG. 1 The exothermic reaction takes place close to inlet 100A of the absorber 100 which produces a high temperature in that region, and as the warm gas travels downstream, it heats up the rest of the absorber as set forth in column 4 lines 7-11), wherein the filter arrangement is configured such that the gas mixture flows through the inlet into the filter unit, flows at least once through the filter unit and flows through the outlet out of the filter unit (Warkander: FIG. 1 CO2 absorber 100 receives exhaust gas (i.e., exhaled breath) and exothermically reacts with same along a flow path depicted by dashed lines 102, and outputs a reaction gas that is mostly free of CO2); a sensor arrangement comprising a filter temperature sensor configured to measure at least once an indicator of a temperature in a measuring area (Warkander: FIG. 1 Location in the flow path 102 corresponding with temperature sensors 12-16) inside the filter unit (Warkander: FIG. 1 Temperature sensor 12 as set forth in column 3 line 24-33), wherein the filter arrangement is configured: to generate a message depending on the measured temperature; and to output the message or cause that message to be output in a form that is perceptible by a human being, and wherein the message comprises information about a current state of the filter unit (Warkander: FIG. 1 Temperature sensors 10-18 have their outputs coupled to a processor 20 where the corresponding measured temperatures are processed to continually provide an estimate of the remaining absorptive capacity of CO2 absorber 100; where the estimate can be displayed visually by means of a display 22 coupled to processor 20 as set forth in column 3 lines 34-55).
Summers and Warkander are both considered to be analogous to the claimed invention because they are in the same field of systems capable of providing gas to a re-breathing system. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fluid guide unit of Summers, in a location downstream from the ventilator, before the gas is recirculated, to incorporate the teaching of Warkander and include a filter arrangement for filtering out a gas from a gas mixture (Warkander: Set forth in the Abstract; Column 2 line 65 – column 3 line 8; FIG. 1), the filter arrangement comprising: a filter unit (Warkander: FIG. 1 CO2 absorber 100 as set forth in Column 2 line 65 – column 3 line 8) comprising an inlet (Warkander: FIG. 1 Inlet 100A as set forth in column 3 lines 24-33) and an outlet (Warkander: FIG. 1 Outlet 100B as set forth in column 3 lines 24-33), wherein the filter unit is configured to filter gas out of the gas mixture with the gas mixture flowing through the filter unit (Warkander: As set forth in column 2 line 65 – column 3 line 8), the filter unit is configured to take up the gas (Warkander: As set forth in Column 2 line 65 – column 3 line 8), wherein the filter unit heats up as a consequence of taking up the gas (Warkander: FIG. 1 The exothermic reaction takes place close to inlet 100A of the absorber 100 which produces a high temperature in that region, and as the warm gas travels downstream, it heats up the rest of the absorber as set forth in column 4 lines 7-11), wherein the filter arrangement is configured such that the gas mixture flows through the inlet into the filter unit, flows at least once through the filter unit and flows through the outlet out of the filter unit (Warkander: FIG. 1 CO2 absorber 100 receives exhaust gas (i.e., exhaled breath) and exothermically reacts with same along a flow path depicted by dashed lines 102, and outputs a reaction gas that is mostly free of CO2); a sensor arrangement comprising a filter temperature sensor configured to measure at least once an indicator of a temperature in a measuring area (Warkander: FIG. 1 Location in the flow path 102 corresponding with temperature sensors 12-16) inside the filter unit (Warkander: FIG. 1 Temperature sensor 12 as set forth in column 3 line 24-33), wherein the filter arrangement is configured: to generate a message depending on the measured temperature; and to output the message or cause that message to be output in a form that is perceptible by a human being, and wherein the message comprises information about a current state of the filter unit (Warkander: FIG. 1 Temperature sensors 10-18 have their outputs coupled to a processor 20 where the corresponding measured temperatures are processed to continually provide an estimate of the remaining absorptive capacity of CO2 absorber 100; where the estimate can be displayed visually by means of a display 22 coupled to processor 20 as set forth in column 3 lines 34-55). Doing so would enable for the capture of gas not meant for re-breathing, in order to supply only the desired gas mixture to the patient (Warkander: As set forth in column 2 line 65 - column 3 line 7).
Summers as modifed by Warkander fails to explicitly disclose, wherein the filter unit comprises a filter mount and a filter; wherein the filter is inserted or insertable into the filter mount; wherein the filter arrangement is configured such that, with the filter inserted into the filter mount, the gas mixture flows into the filter mount and out of the filter mount, wherein the filter temperature sensor is inserted into a wall of the filter mount and is spaced from the inserted filter.
However, Brown teaches, wherein the filter unit comprises a filter mount (Brown: FIG. 2-3 Inlet 204, outlet 211, the inlet and outlet fittings, as well as insulation casing 212 as set forth on page 19 lines 23-26 ) and a filter (Brown: Cannister containing filter material 210 as set forth on page 19 lines 23-26); wherein the filter is inserted or insertable into the filter mount (Brown: Another canister can then be placed into the insulated housing and connected to the inlet and outlet fittings as set forth on page 19 lines 23-26); wherein the filter arrangement is configured such that, with the filter inserted into the filter mount, the gas mixture flows into the filter mount and out of the filter mount (Brown: The mixture of gases passes through the canister 208, the anesthetic agent is absorbed onto the filter material 210 and the remaining gases exit the canister through the exit pipe 211 as set forth on page 19 lines 23-26), wherein the filter temperature sensor is inserted into a wall of the filter mount and is spaced from the inserted filter (Brown: FIG. 3 Thermistor or thermocouple 303 in the exit pipe 311 as set forth on page 20 lines 22-28).
Warkander and Brown are both considered to be analogous to the claimed invention because they are in the same field of capture systems suitable for a medical facility, the systems comprising filter material for capturing a gas from a gas mixture flow. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure of Warkander between the inlet and an outlet of the filter unit to incorporate the teaching of Brown and include a filter mount (Brown: FIG. 2-3 Inlet 204, outlet 211, the inlet and outlet fittings, as well as insulation casing 212 as set forth on page 19 lines 23-26 ) and a filter (Brown: Cannister containing filter material 210 as set forth on page 19 lines 23-26); wherein the filter is inserted or insertable into the filter mount (Brown: Another canister can then be placed into the insulated housing and connected to the inlet and outlet fittings as set forth on page 19 lines 23-26); wherein the filter arrangement is configured such that, with the filter inserted into the filter mount, the gas mixture flows into the filter mount, through the inlet, through the filter, out of the outlet and out of the filter mount (Brown: The mixture of gases passes through the canister 208, the anesthetic agent is absorbed onto the filter material 210 and the remaining gases exit the canister through the exit pipe 211 as set forth on page 19 lines 23-26), wherein the filter temperature sensor is inserted into a wall of the filter mount and is spaced from the inserted filter (Brown: FIG. 3 Thermistor or thermocouple 303 in the exit pipe 311 as set forth on page 20 lines 22-28). In the case of Warkander as modified by brown, the gas mixture flows through inlet Inlet 100A of Warkander, through the filter mount (Brown: FIG. 2-3 Inlet 204, outlet 211, the inlet and outlet fittings, as well as insulation casing 212 as set forth on page 19 lines 23-26 ) and filter (Brown: Cannister containing filter material 210 as set forth on page 19 lines 23-26) of Brown, and then through the outlet 100B of Warkander. Doing so would provide a means of replacing the filter material when the captured gas is no longer being absorbed by the filter (Brown: As set forth on page 11 lines 15-20 and page 19 lines 23-26), as well as providing a location for a temperature sensor, wherein the location doesn’t affect the exchangeability of the filter.
Regarding claim 15, Summers as modified discloses the claimed invention substantially as claimed as set forth for claim 14 above.
Summers as modified further discloses, wherein: the ventilator is configured as an anesthesia machine (FIG. 1 Anesthesia gas delivery system or machine 100 as set forth in [0037]); and the fluid guide unit (FIG. 1 The pathway directing gas flow to the patient as shown in the figure and denoted by the arrows) comprises an expiration portion (FIG. 1 The pathway directing gas flow from the patient comprising the expiration valve 112 set forth in [0037] as shown in the figure, as well as the pathway comprising the ventilator piston unit) and is configured to establish a ventilation circuit between the anesthesia machine and the patient-side coupling unit (As shown in the figure), the anesthesia machine is configured to convey a gas mixture comprising oxygen, further comprising at least one anesthetic to the patient-side coupling unit through the inspiration portion (FIG.1 The breathing circuit includes an oxygen, air, N2O gas supply 102 and anesthesia gas vaporizers 104 as set forth in [0037]), and wherein the filter arrangement is at least temporarily in a fluid connection with the expiration portion (The filter arrangement is in a location downstream from the ventilator, before the gas is recirculated as set forth in the modification above; which is in the expiration portion)
Summers as modified fails to explicitly disclose wherein the filter is adapted to filter out the anesthetic from the gas mixture which is passed through the filter unit of the filter arrangement.
However, Brown teaches wherein the filter unit is configured to filter out anesthetic from the gas mixture (Brown: An anesthetic agent capture system comprising filter material for capturing volatile anesthetic agents from a gas flow as set forth in the abstract).
Warkander further teaches that the present invention can be used in conjunction with any gas absorber that absorbs a gas during an exothermic or endothermic reaction in order to estimate the remaining absorptive capacity of the gas absorber (Warkander: Column 3 lines 9-15 and Column 5 lines 22-24), and that while the reaction gas is could be available for use by the re-breathing system, it is to be understood that the particular use of the reaction gas is not a limitation of the present invention.
Summers and Brown are both considered to be analogous to the claimed invention because they are in the same field of breathing circuit supplying a supply of anesthetic agent mixed with oxygen/air/nitrous oxide to the patient. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Summers as modified by Warkander to incorporate the teaching of Brown and include wherein the filter unit is configured to filter out anesthetic from the gas mixture (Brown: An anesthetic agent capture system comprising filter material for capturing volatile anesthetic agents from a gas flow as set forth in the abstract). Doing so would enable the device to capture anesthetic agents for possible recovery in order to reduce the significant cost of their extensive use in modern healthcare and reduce the amount of potent greenhouse gases produced (Brown: As set forth on page 1 lines 18-24).
Regarding claim 20, Summers as modified discloses the claimed invention substantially as claimed as set forth for claim 14 above.
Summers as modified by Warkander as modified by Brown further teaches, wherein a portion of the filter temperature sensor is in a contact with the wall (Brown: FIG. 3 Thermistor or thermocouple 303 in the exit pipe 311 as set forth on page 20 lines 22-28; the thermistor 303 being in contact with the wall of the exit pipe of the filter mount).
Response to Arguments
The objections made for claims 2-13, 15, 17, and 18 have been withdrawn based on the amendments to the claims.
Applicant's arguments filed 02/04/2026 have been fully considered but they are not persuasive.
New grounds of rejection are made above to address the amendments to claims 1-5, 7-8, and 13-18.
Applicant argues that Warkander does not teach or suggest an evaluation unit that calculates a difference between a filter temperature measured by a filter temperature sensor and a measured ambient temperature as claimed and that Warkander merely discloses that the temperature increases in a carbon dioxide absorber vary in complex ways and that that would be an observation and not a technical teaching. Applicant further argues that Warkander does not disclose using the measured ambient temperature for a purpose.
However, as stated in the previous Office Action, Warkander specifically teaches combining a number of experimentally determined calibration curves/functions from varying ambient temperatures to yield some average function which, in the average usage, will provide the user with a "safe" indication of remaining absorptive capacity (As set forth in column 4 line 61 – column 5 line 30), which is a technical teaching and is more than a mere disclosure of the complex ways that the temperature increases in an absorber. In regards to the argument that Warkander does not teach that it calculates a difference between a filter temperature and ambient temperature, it is noted that the determination of calibration curves and average functions yielded is based on the ambient temperature's relationship to the filter temperature, the difference in the filter temperature and ambient temperature at various different ambient temperature is being taken into consideration when comparing the measured to the calibration curve and determining the average function itself. Ultimately, the ambient temperature and its effect on the absorptive capacity of the filter is being considered while using the calibration curves and average functions, which further involves a difference between the filter temperature and a threshold representative of an ambient temperature.
Applicant argues in reference to the claims reciting limitations drawn to the filter mount, that Brown does not disclose that the temperature of the filter unit is measured, merely that the temperature of the gas is measured after the gas has passed the filter unit and that Brown does not show the temperature sensor in the filter mount. Applicant further argues that no motivation can be obtained from Brown to place a temperature sensor in the insulation 209 or housing 212 and that the temperature would be that of the cold air in the gap between the canister 218 and insulation. Additionally, Applicant argues that Brown does not disclose any temperature sensor that replaces or is provided in addition to the temperature sensor 303. Applicant also argues that Brown does not disclose a temperature sensor that measures the temperature within a filter unit and that Brown already provides a solution for determining the state of the filter material.
However, Examiner would like to note the Brown is being used to modify the structure of Warkander, including that of a sensor location given that Warkander is silent as to the structural configuration of the filter. As stated in the office action, the filter mount includes the entire filter assembly of Brown, including the Inlet 204, outlet 211, the inlet and outlet fittings, as well as insulation casing 212, meaning that the temperature sensor of Brown would be, as claimed, inserted into a wall of the filter mount and spaced from the inserted filter. The temper sensor would not be in the insulation 209 or housing 212 and the temperature would not be that of the cold air in the gap between the canister 218 and insulation. Warkander discloses a filter temperature sensor configured to measure at least once an indicator of a temperature in a measuring area (FIG. 1 Location in the flow path 102 corresponding with temperature sensors 12-16) inside the filter unit (FIG. 1 Temperature sensor 12 as set forth in column 3 line 24-33) and Brown is used to teach a filter mount filter temperature sensor is inserted into a wall of the filter mount and is spaced from the inserted filter, the motivation being to provide a means of replacing the filter material when the captured gas is no longer being absorbed by the filter (Brown: As set forth on page 11 lines 15-20 and page 19 lines 23-26), as well as providing a location for a temperature sensor, wherein the location doesn’t affect the exchangeability of the filter. Additionally, in response to the assertion that Brown already provides a solution for determining the state of the filter material, Examiner would like to note once more that Brown is being used to modify the structure of Warkander, including that of a sensor location, specifically, wherein the filter temperature sensor is inserted into a wall of the filter mount and is spaced from the inserted filter. Brown's solution for determining the state of the filter material in this instance is unrelated.
Applicant argues in reference to claim 7 that Koch is related to filter material of a filter and not to a following gas and that Koch is silent about the positioning of the IR sensor. Applicant further argues that Warkander, Brown, and Koch provide no suggestion or teaching for a filter unit that comprises a filter mount and filter that is insertable into the filter mount, wherein the filter arrangement is configured such that a gas mixture flows into the filter mount, through an inlet, and out of an outlet of the filter mount, with the filter temperature sensor inserted into a wall of the filter mount space from the filter.
However, Koch is simply used to teach wherein the temperature sensor is an infrared sensor, not positioning within the device, in order to provide a means for contactless detection of temperature, useful when uncoupling between the temperature sensor and the temperature measurement site is required (Koch: As set forth in column 1 lines 62-67), and analogous to the claimed invention because they are in the same field of temperature-measuring devices.
Applicant argues in reference to claim 12 that Cipriano does not disclose the filter mount structure as claimed.
Examiner would like to note that Cipriano was used simply to teach a chemical indicator element to provide a visual indication of the temperature of the object in which the sensor is attached to.
Applicant argues in reference to claim 14 that Summers does not disclose the filter mount structure as claimed.
Examiner would like to note that summers discloses a ventilation system, and Warkander and Brown are used to teach the filter mount structure as claimed.
Applicant also adds, regarding claim 9, that some of the passages of Brown mentioned in the Office action are incorrectly referred to.
Examiner would like to note that this was an error regarding the proper citation of a reference used in the rejection to claim 9. Claim 9 should have been rejected under 35 U.S.C. 103 as being unpatentable over Warkander in view of Brown as applied to claim 6, in further view of Bottom (US 20060225735 A1). The citations found in the Office Action are incorrectly labeled “Brown”, when the citations are actually found in “Bottom”. Due to the cancellation of claim 9 and removal of the relevant subject matter, any argument drawn to claim 9 is rendered moot.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEIRA EILEEN CALLISON whose telephone number is (571)272-0745. The examiner can normally be reached Monday-Friday 7:30-4:30.
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/KEIRA EILEEN CALLISON/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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