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 .
Response to Amendments
This office action is responsive to the amendment filed on 12/09/2025. As directed by the amendment: claims 1 and 2-15 have been amended, claim 2 has been canceled, and no new claims have been added. Thus, claims 1 an 3-15 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, 3-6, and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (WO 2021216262 A1) in view of Luterstein (US 6511098 B1).
Regarding claim 1, Johnson discloses a venturi device (FIG. 1A-1D) for delivering oxygen or an air/oxygen mixture (Set forth in [0004]) comprising:
a main body (FIG. 1B Second piece 130 as set forth in [0015]) comprising an inner compartment (FIG. 1B The inner portion of second piece 130) and a Venturi nozzle (FIG. 1A-1B A Venturi-type pump, made up of the mixing section 150 and diffuser section 160, that uses the pressure energy of the high-pressure oxygen flow to raise the pressure of the air flow input from ambient, where In the mixing section 150, the primary oxygen flow transfers momentum to the entrained air flow, after which the combined flow passes through diffuser section 160 with a divergent shape where the kinetic energy of the combined flow is converted to static pressure as set forth in [0017]) arranged in said inner compartment (Shown in FIG. 1B),
a rear member (FIG. 1B First piece 120 as set forth in [0015]) comprising an oxygen inlet for providing oxygen (FIG. 1B Oxygen inlet 101 as set forth in [0015]) and at least one air inlet for providing air (FIG. 1C Slits 121 as set forth in [0016]), and a mixing chamber (FIG. 1B Mixing chamber 103 as set forth in [0015], formed partially by a wall of the inner portion of first piece 120) for mixing therein oxygen and air provided by said oxygen inlet and said at least one air inlet (FIG. 1A-C The mixing chamber configured to receive the first fluid through the nozzle end, the mixing chamber comprising holes arranged on a wall of the mixing chamber, the mixing chamber further configured to receive a second fluid through the holes, the first fluid and the second fluid are blended in the mixing chamber as set forth in [0005]), said rear member being mobile with respect to the main body according to rotational motion (Figs. 1A-1D, the first and second pieces 120, 130 are configured and disposed such that, during an operative condition, first piece 120 can be rotated, manually or by a way of a controllable actuator system, relative to second piece 130 as set forth in [0016]) between at least:
a closed position wherein the rear member provides oxygen to the Venturi nozzle (FIG. 1B-1C First piece 120 comprises two slits 121 located adjacent to a respective hole 105 in the side wall of the mixing chamber 103, as the first piece 120 is rotated, an increasing area of each hole 105 in the side wall of the mixing chamber 103 is opened to the second fluid around the outside of the assembly, increasing or decreasing amount of outside air to be entrained with the oxygen as the oxygen flows through mixing chamber 103 and to the mixture outlet 104 as set forth in [0016]; while closed, no area of holes 105 would be exposed by slits 121 for air to enter the system, meaning only oxygen is being provided to the venturi nozzle),
and an open position wherein the rear member provides an air/oxygen mixture to the Venturi nozzle, said air/oxygen mixture being obtained in the mixing chamber (FIG. 1B-1C First piece 120 comprises two slits 121 located adjacent to a respective hole 105 in the side wall of the mixing chamber 103, as the first piece 120 is rotated, an increasing area of each hole 105 in the side wall of the mixing chamber 103 is opened to the second fluid around the outside of the assembly, increasing or decreasing amount of outside air to be entrained with the oxygen as the oxygen flows through mixing chamber 103 and to the mixture outlet 104 as set forth in [0016]),
characterized in that the rear member is mobile at least in rotation with respect to the main body for allowing a user to manually select a desired open or closed position (As set forth from [0016]-[0017]).
While Johnson discloses the venturi device, characterized in that the rear member is mobile with respect to the main body according to a rotational motion (As set forth from [0016]-[0017]), Johnson fails to explicitly disclose the transverse motion involved in helicoidal motion.
However, Luterstein teaches a member (Luterstein: FIG. 1-2 Coupling ring 16 as set forth in col. 3 lines 28-36) is mobile with respect to the main body (Luterstein: FIG. 1-2 Connector shell 12 as set forth in col. 3 lines 28-36) according to a helicoidal motion (Luterstein: Set forth in col. 3 lines 38-46).
Johnson and Luterstein are both considered to be analogous to the claimed invention because they are in the same field of rotational couplings between elements. 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 rotational coupling of Johnson to incorporate the coupling and teaching of Luterstein and include wherein a member (Luterstein: FIG. 1-2 Coupling ring 16 as set forth in col. 3 lines 28-36) is mobile with respect to the main body (Luterstein: FIG. 1-2 Connector shell 12 as set forth in col. 3 lines 28-36) according to a helicoidal motion (Luterstein: Set forth in col. 3 lines 38-46). Doing so would enable a more rigid configuration providing increased resistance to deformation from lateral forces (Luterstein: As set forth in the Abstract). The peripheral wall of the main body (FIG. 1B Second piece 130 as set forth in [0015]) will comprise the elongated grooves (Luterstein: FIG. 1-2 Three helical grooves 13 as set forth in col. 2 lines 28-36) to receive the guiding members (Luterstein: FIG. 1 Locking pins 18 as set forth in col. 2 lines 28-36) of the outer surface of the rear member (FIG. 1B First piece 120 as set forth in [0015]), and the flange outer part (Luterstein: 112) could be modified to allow for the transverse aspect of the helicoidal coupling while still being able to function as a retaining plate to axially hold together the nozzle (Luterstein: 102) and mixing chamber (Luterstein: 103) since the walls of first piece (Luterstein: 120) and second piece (Luterstein: 130) would still be engaged to form the enclosed chamber.
Regarding claim 3, Johnson as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Johnson as modified by Luterstein further teaches the venturi device, characterized in that the main body comprises at least a first elongated groove (Luterstein: FIG. 1-2 Three helical grooves 13 as set forth in col. 2 lines 28-36)) and the rear member comprises at least a first guiding member (Luterstein: FIG. 1 Locking pins 18 as set forth in col. 2 lines 28-36), said first guiding member being inserted into said first one elongated groove so as to cooperate with said first elongated groove for guiding the motion of the rear member with respect to the main body, while the rear member is actuated by a user (Luterstein: The two parts are able to rotate relative to each other as the bayonet-type coupling engages or disengages, in the case of Johnson as modified, the FIG. 1B First piece 120 as set forth in [0015], where the first and second pieces 120, 130 are configured and disposed such that, during an operative condition, first piece 120 can be rotated manually relative to second piece 130 as set forth in [0016]).
Regarding claim 4, Johnson as modified discloses the claimed invention substantially as claimed as set forth for claim 3 above.
Johnson as modified fails to explicitly disclose the venturi device according, characterized in that the main body comprises at least a second elongated groove and the rear member comprises at least a second guiding member, or vice versa.
However, Luterstein teaches a member (Luterstein: FIG. 1-2 Coupling ring 16 as set forth in col. 2 lines 28-36) is mobile with respect to the main body (Luterstein: FIG. 1-2 Connector shell 12 as set forth in col. 2 lines 28-36) according to a helicoidal motion (Luterstein: Set forth in col. 2 lines 38-46), where the main body comprises a second elongated groove (Luterstein: FIG. 1-2 Three helical grooves 13 as set forth in col. 2 lines 28-36) and the rear member comprises at least a second guiding member (Luterstein: FIG. 1 Locking pins 18 as set forth in col. 2 lines 28-36)
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 rotational coupling of Johnson to incorporate the coupling and teaching of Luterstein and include wherein a member (Luterstein: FIG. 1-2 Coupling ring 16 as set forth in col. 2 lines 28-36) is mobile with respect to the main body (Luterstein: FIG. 1-2 Connector shell 12 as set forth in col. 2 lines 28-36) according to a helicoidal motion (Luterstein: Set forth in col. 2 lines 38-46), where the main body comprises a second elongated groove (Luterstein: FIG. 1-2 Three helical grooves 13 as set forth in col. 2 lines 28-36) and the rear member comprises at least a second guiding member (Luterstein: FIG. 1 Locking pins 18 as set forth in col. 2 lines 28-36). Doing so would enable a more rigid configuration providing increased resistance to deformation from lateral forces (Luterstein: As set forth in the Abstract).
Regarding claim 5, Johnson as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Johnson further discloses the venturi device, characterized in that the inner compartment (FIG. 1B The inner portion of second piece 130) of the main body (FIG. 1B Second piece 130 as set forth in [0015]) comprises an inlet chamber (FIG. 1A Suction Chamber as shown in the figure) and a gas outlet (FIG. 1A-1B Mixture outlet 104), the inlet chamber of the main body being in fluid communication with the mixing chamber of the rear member (Shown in FIG. 1A), and a front portion (FIG. 1A-1B Nozzle 102 as set forth in [0016]) of the rear member is inserted into at least a part of the inlet chamber of the main body (FIG. 1A-1B Nozzle 102 of first piece 120 is inserted into the inner portion of second piece 130).
Regarding claim 6, Johnson as modified discloses the claimed invention substantially as claimed as set forth for claim 3 above.
Johnson as modified by Luterstein further teaches the venturi device, characterized in that:
the at least one elongated groove (Luterstein: FIG. 1-2 Three helical grooves 13 as set forth in col. 2 lines 28-36) is a slot arranged in the peripheral wall (‘A’ in the annotated figure below) of the main body (FIG. 1B Second piece 130 as set forth in [0015]), and the at least one guiding member comprises a protrusion (Luterstein: FIG. 1 Locking pins 18 as set forth in col. 2 lines 28-36) arranged on the outer surface (‘B’ in the annotated figure below; the outer surface being the walls surrounding the mixing chamber and second piece, the inner surface being the walls forming the oxygen inlet and nozzle) of the rear member (FIG. 1B First piece 120 as set forth in [0015]).
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Regarding claim 10, Johnson discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Johnson further discloses the venturi device, characterized in that the rear member comprises an inner conduct element (“C” in the annotated FIG. 1B below) comprising a proximal portion (Bottom portion of “C”) comprising an oxygen delivery port (FIG. 1A-1B Nozzle 102 as set forth in [0016]) and projecting into the mixing chamber of the rear member (FIG. 1A-1B Nozzle 102 of first piece 120 is inserted into Mixing chamber 103 as set forth in [0015]).
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Regarding claim 11, Johnson discloses the claimed invention substantially as claimed as set forth for claim 10 above.
Johnson further discloses the venturi device, characterized in that, in the closed position, the proximal portion of the inner conduct element of the rear member (Bottom portion of “C” of the annotated figure below) is directly fluidly connected (Shown by the arrow in the annotated figure below, regardless of the opened or closed configuration) to the inner nozzle channel of the Venturi nozzle (FIG. 1A-1B A Venturi-type pump that uses the pressure energy of the high-pressure oxygen flow to raise the pressure of the air flow input from ambient, where In the mixing section 150, the primary oxygen flow transfers momentum to the entrained flow, after which the combined flow passes through diffuser section 160 with a divergent shape where the kinetic energy of the combined flow is converted to static pressure as set forth in [0017], if in the closed position, only oxygen is being delivered) for providing oxygen thereto.
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Regarding claim 12, Johnson discloses the claimed invention substantially as claimed as set forth for claim 10 above.
Johnson further discloses the venturi device, characterized in that, in the open position, the proximal portion of the inner conduct element of the rear member (Bottom portion of “C” of the annotated figure below) opens into the mixing chamber of the rear member (FIG. 1A-1B Nozzle 102 of first piece 120 is inserted and opens into Mixing chamber 103 as set forth in [0015], shown in the annotated figure below) for providing oxygen therein and obtaining an air/oxygen mixture that is subsequently fed to the inner nozzle channel of the Venturi nozzle (FIG. 1A-1B A Venturi-type pump that uses the pressure energy of the high-pressure oxygen flow to raise the pressure of the air flow input from ambient, where In the mixing section 150, the primary oxygen flow transfers momentum to the entrained air flow, after which the combined flow passes through diffuser section 160 with a divergent shape where the kinetic energy of the combined flow is converted to static pressure as set forth in [0017], the airflow containing both air and oxygen in the open configuration).
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Regarding claim 13, Johnson as modified discloses the claimed invention substantially as claimed as set forth for claim 4 above.
Johnson as modified by Luterstein further teaches the venturi device, characterized in that the guiding members and the elongated grooves are configured so that each guiding member travels into one corresponding elongated groove (Luterstein: FIG. 1-2 Three helical grooves 13 and pins 18 as set forth in col. 2 lines 28-36), when the rear member is actuated, clockwise or counterclockwise, with respect to the main body by a user (Luterstein: The two parts are able to rotate relative to each other as the bayonet-type coupling engages or disengages, in the case of Johnson as modified, the FIG. 1B First piece 120 as set forth in [0015], where the first and second pieces 120, 130 are configured and disposed such that, during an operative condition, first piece 120 can be rotated manually relative to second piece 130 as set forth in [0016]).
Claims 7-9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (WO 2021216262 A1) in view of Luterstein (US 6511098 B1) as applied to claim 6, in further view of Sheffer (US 9283344 B2).
Regarding claim 7, Johnson as modified discloses the claimed invention substantially as claimed as set forth for claim 6 above.
Johnson as modified by Luterstein further teaches that each elongated groove (Luterstein: FIG. 1-2 Three helical grooves 13 as set forth in col. 2 lines 28-36), in particular each slot, comprises a curved linear portion (Luterstein: FIG. 1-2 The linear path of the helical grooves 13, curved around the end of the cylindrical connector shell 12) terminated by an end lodging (Luterstein: FIG. 2 Recessed portion 15 as set forth in col. 2 lines 37-46) configured for lodging a guiding member in a designated position (Luterstein: Set forth in claim 19, and it would mean that when the guide members, pins 18, travel along the grooves, helical grooves 13, that at the terminal end of the groove, the members could no longer continue their helical movement, lodging the main body and member in place at a designated position, in the case of Johnson as modified, in an open or closed position).
Johnson as modified by Luterstein fails to explicitly disclose an end lodging for lodging the guiding member in a second designated position.
However, Sheffer teaches a plurality of lodgings for lodging a guide member in a variety of positions (Sheffer: FIG. 9 The cam 134 includes a plurality of steps or ratchets 138 that each individually engage the cam follower 136 through a plurality of discrete steps as set forth in col. 9 lines 9-29).
Johnson as modified and Sheffer are both considered to be analogous to the claimed invention because they are in the same field of rotational couplings between elements for holding a member in a designated position relative to a main body. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the other end of the elongated grooves of the engagement part of the main body of Johnson as modified by Luterstein to incorporate the teaching of Sheffer and include an end lodging for lodging the guiding member in a second designated position (Sheffer: FIG. 9 The cam 134 includes a plurality of steps or ratchets 138 that each individually engage the cam follower 136 through a plurality of discrete steps as set forth in col. 9 lines 9-29), in the case of Johnson as modified in an open or closed position, since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art and one of ordinary skill in the art would have had reasonable expectation of success. See MPEP 2144.04 St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 8, Johnson as modified discloses the claimed invention substantially as claimed as set forth for claim 7 above.
Johnson as modified by Luterstein further teaches the venturi device, characterized in that the curved linear portion of each elongated groove is diagonally-arranged in the peripheral wall of the main body (Luterstein: Shown in FIG. 1-2, the helical grooves 13, diagonally arranged, and would be arranged on the peripheral wall of the main body as set forth in the modification for claims 1 and 6).
Regarding claim 9, Johnson as modified discloses the claimed invention substantially as claimed as set forth for claim 7 above.
Johnson as modified fails to explicitly disclose that each end lodging comprises an abutment.
However, Sheffer teaches a plurality of lodgings where each lodging comprises an abutment (Sheffer: FIG. 9 The cam 134 includes a plurality of steps or ratchets 138 that each individually engage the cam follower 136 through a plurality of discrete steps as set forth in col. 9 lines 9-29, the shape up the ratches 138 comprising abutments in between each ratchet).
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 each end lodging of Johnson as modified to incorporate the teaching of Sheffer and include an abutment (Sheffer: FIG. 9 The cam 134 includes a plurality of steps or ratchets 138 that each individually engage the cam follower 136 through a plurality of discrete steps as set forth in col. 9 lines 9-29, the shape up the ratches 138 comprising abutments in between each ratchet). Doing so would provide improved engagement between the grooves and guide members, allowing for the engagement between the elements at designated positions (Sheffer: steps as set forth in col. 9 lines 9-29).
Regarding claim 14, Johnson as modified discloses the claimed invention substantially as claimed as set forth for claim 9 above.
Johnson as modified by Luterstein fails to explicitly disclose wherein abutments are configured for maintaining the guiding members in the end lodgings, in the open or closed positions.
However, Sheffer teaches a plurality of lodgings where each lodging comprises an abutment for maintaining the guiding member in the lodgings, and therefore a designated position (Sheffer: FIG. 9 The cam 134 includes a plurality of steps or ratchets 138 that each individually engage the cam follower 136 through a plurality of discrete steps as set forth in col. 9 lines 9-29, the shape up the ratches 138 comprising abutments in between each ratchet).
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 each end lodging of Johnson as modified to incorporate the teaching of Sheffer and include an abutment for maintaining the guiding member in the lodgings, and therefore a designated position (Sheffer: FIG. 9 The cam 134 includes a plurality of steps or ratchets 138 that each individually engage the cam follower 136 through a plurality of discrete steps as set forth in col. 9 lines 9-29, the shape up the ratches 138 comprising abutments in between each ratchet). Doing so would provide improved engagement between the grooves and guide members, allowing for the engagement between the elements at designated positions (Sheffer: steps as set forth in col. 9 lines 9-29), in the case of Johnson as modified, the designated positions being the open and close configuration.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson (WO 2021216262 A1) in view of Luterstein (US 6511098 B1) as applied to claim 1, in view of Dhuper (US 9289568 B2).
Regarding claim 15, Johnson discloses an installation for providing oxygen or an air/oxygen mixture to a patient (As set forth in [0004]) comprising a gas source (Indicated by FIG. 1A High-pressure oxygen flow and oxygen inlet 101), a Venturi device according to Claim 1 (See Rejection for claim 1 above).
Johnson fails to explicitly disclose that the gas source is a reservoir, the presence of a flexible hose, a respiratory interface, and hollow body, and wherein the gas reservoir and the flexible hose are fluidly connected to the connecting hollow body, and the respiratory interface being fluidly connected to the flexible hose, the venturi device further fluidly connected to the connecting hollow body.
However, Dhuper teaches a gas source as the reservoir (Dhuper: Dhuper: As set forth in the “Summary”), the presence of a flexible hose (Dhuper: FIG. 8 Conduit 420 which is expandable/retractable, and therefore flexible, as set forth in col. 10 lines 37-60), a respiratory interface (Dhuper: Facemask shown in FIG. 8), and hollow body (Dhuper: FIG. 8 Gas entrainment valve member 500, formed of a generally hollow body as set forth in col. 13 lines 5-7), and wherein the gas reservoir and the hose are fluidly connected to the connecting hollow body (Dhuper: FIG. 8 Gas reservoir connects to ports of the venturi device 450 as set forth in col. 11 lines 24-25, which is fluidly connected to the hollow body, the hollow body then is further fluidly connected to conduit 420 as see in the figure), and the respiratory interface being fluidly connected to the hose (Dhuper: FIG. 8 An elongated conduit member 420 is connected to the main port 412 and to the venturi assembly 400 for delivering the gas from the venturi assembly 400 to the interface member 410 as set forth in col. 10 lines 50-53), the venturi device further fluidly connected to the connecting hollow body (Dhuper: FIG. 8 Venturi member 450 connects to gas entrainment valve member 500 as set forth in col. 13 lines 5-9).
Johnson and Dhuper are both considered to be analogous to the claimed invention because they are in the same field of venturi assemblies providing a gas mixture to a user. 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 Johnson to incorporate the teaching of Dhuper and include a gas source as the reservoir (Dhuper: As set forth in the “Summary”), the presence of a flexible hose (Dhuper: FIG. 8 Conduit 420 which is expandable/retractable, and therefore flexible, as set forth in col. 10 lines 37-60), a respiratory interface (Dhuper: Facemask shown in FIG. 8), and hollow body (Dhuper: FIG. 8 Gas entrainment valve member 500, formed of a generally hollow body as set forth in col. 13 lines 5-7), and wherein the gas reservoir and the hose are fluidly connected to the connecting hollow body (Dhuper: FIG. 8 Gas reservoir connects to ports of the venturi device 450 as set forth in col. 11 lines 24-25, which is fluidly connected to the hollow body, the hollow body then is further fluidly connected to conduit 420 as see in the figure), and the respiratory interface being fluidly connected to the hose (Dhuper: FIG. 8 An elongated conduit member 420 is connected to the main port 412 and to the venturi assembly 400 for delivering the gas from the venturi assembly 400 to the interface member 410 as set forth in col. 10 lines 50-53), the venturi device further fluidly connected to the connecting hollow body (Dhuper: FIG. 8 Venturi member 450 connects to gas entrainment valve member 500 as set forth in col. 13 lines 5-9). Doing so would provide a well-known configuration for supplying an air/oxygen gas mixture to a patient though the use of a venturi device (Dhuper: As set forth in the Abstract).
Response to Arguments
The objections to claims 1-15 due to minor informalities have been withdrawn based on Applicant’s amendments.
The rejections under 35 U.S.C. 112(b) regarding claims 4, 6-9, and 11-15 have been withdrawn based on Applicant’s amendments.
The rejections under 35 U.S.C. 102(a)(1) regarding claims 1, 3, 5-6, and 10-12 have been withdrawn based on Applicant’s amendments to claim 1.
New grounds of rejection have been made above to address the amendments to claims 1 and 2-15.
Applicant's arguments filed 12/09/2025 have been fully considered but they are not persuasive.
Applicant argues with respect to claims 2, 4, and 13 that the proposed modification of Johnson based on Luterstein would not result in the claimed subject matter since adding a coupling ring (16) from Luterstein to Johnson would cause the rear member (FIG. 1B First piece 120 of Johnson) to slide translationally in response to screwing and unscrewing the coupling ring, which would change the principal operation of Johnson, based on reverse engineering the prior art from the pending claims.
However, Examiner notes that the specific coupling ring (16) of Luterstein is not the part of the device that is being used to modify the device of Johnson. As stated in the office action, the coupling and teaching of Luterstein is being used to modify the rotational coupling of Johnson to be one of helicoidal motion, given that a coupling involving helicoidal motion would enable a more rigid configuration providing increased resistance to deformation from lateral forces, or in other words, prevent unwanted actuation/rotation of the device. So instead of the first piece 120 of Johnson (rear member) simply rotating about the second piece 130 (main member), the device would be modified to allow for the transverse motion of Luterstein, the combination of the rotational and transverse motion being helicoidal motion. The motivation for doing so would be the increased resistance to deformation. The principal operation of Johnson, the first piece (120) able to be rotated relative to second piece (130), where the first piece comprises two slits (121) with expanding widths on its perimeter, each located adjacent to a respective hole (105) in the side wall of the mixing chamber (103), whereas the first piece (120) is rotated relative to mixing chamber (103), an increasing area of each hole (105) in the side wall of the mixing chamber (103) is opened to the second fluid around the outside of the assembly to allow for a controllable increasing or decreasing amount of outside air to be entrained with the oxygen as the oxygen flows through mixing chamber (103) and to the mixture outlet (104), would still remain present given the modification by Luterstein to modify the type of coupling to increased resistance to deformation to prevent unwanted actuation/rotation of the device. Additionally, the flange outer part (112) would still be able to function as a retaining plate to axially hold together nozzle (102) and mixing chamber (103) since the walls of first piece (120) and second piece (130) would still be engaged to form the chamber, another possible aspect of the principal operation of Johnson that would still remain present given the modification by Luterstein.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEIRA EILEEN CALLISON/ Examiner, Art Unit 3785
/PAIGE KATHLEEN BUGG/ Primary Examiner, Art Unit 3785