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 Amendment
Per the amendments to the claims, the claim objections have been withdrawn.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9, 12-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, with the recitation of “the adjacent sections” it is unclear as to whether the adjacent sections are the same corresponding structure of the adjacent portions of the connector piece. Under broadest reasonable interpretation it is interpretated that the adjacent sections are the same corresponding structure as the adjacent portions that make of the two conduits ‘4172’ of Figure 8.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 4, 6, 9, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Doherty (US 20080264413 A1).
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Figure 1: annotated Figure 10b of Doherty.
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Figure 2: annotated Figure 10a of Doherty.
Regarding claim 1, Doherty discloses a connector (Figures 1-2 above; where ‘86’ is a connector shaped like a clamp around the two conduit tubes ’40,42’) configured:
a) for use in connecting a component of a respiratory therapy system and an air circuit of the respiratory therapy system (Doherty [0006]; where the connector is for use in connecting components (conduits) of a breathing apparatus (respiratory therapy system) and where the components of the breathing apparatus include a flow generator (respiratory therapy device), patient interface, and a delivery conduit (air circuit of the respiratory therapy system)) and
b) for use in connecting two adjacent sections of the air circuit, the connector comprising a hollow body comprising a first portion and a second portion, wherein the first portion is connectable to the second portion (Figure 2 above; where ‘40’ and ‘42’ are two conduit tubes (air circuit) connected by the connector ‘86’ (for use in connecting two adjacent sections of the air circuit), the connector piece ‘86’ is the hollow body on the inside because of the curvature of the first and second portions ‘86a/b’, where Figure 1 above; ‘86a’ is the first portion of the connector, and ‘86b’ is the second portion of the connector, the first portion ‘86a’ is connectable to the second portion ‘86b’ by a hinge connection ‘86c’);
the first and second portions including interior surfaces to fixedly engage and secure an end of the air circuit within the hollow body and to fixedly engage and secure ends of the two adjacent portions within the hollow body (Figure 1 above; where the first and second portions ‘86a/b’ have interior surfaces that are for fixedly engaging and securing the end of the air circuit (conduits ’40,42’ Figure 2 above) with the hollow body (the interior section of the first and second portions of the connector piece) and Figure 2 above; where the connector ‘86’ is securing the ends of the two adjacent portions ’40,42’ within the hollow body (section within the connector piece that makes the curvature of the piece) – thereby securing and fixedly engaging the two ends within the hollow body);
the interior surfaces of the first and second portions comprising means for sealing with an exterior surface of the air circuit or the adjacent sections (Doherty [0065]; where the connector (that covers the exterior surface of the air circuit conduits) may include a gasket ‘44’ (means for sealing on the interior surface of the first and second portions) provided at the end of each component (conduit tubes ’40,42’), which may be formed of rubber such that it provides a seal for the flow of breathable gas for the system – where the sealing means (gasket ‘44’) is provided within the hollow body (the connector’s inside) to fixedly engage, secure, and seal the two ends of the adjacent conduit tubes ’40,42’, [0026]; where figures 10a/b are connectors, Doherty Figure 2a-2b; where there is the gasket ‘44’, Doherty [0106]; where the flow of breathable gas may also be sealed by a seal ‘202’ that creates the friction- fit preventing the two conduit portions ’40,42’ from moving axially relative to each other and from separating by application of minimal force, see also Doherty Figure 23b; where the seal ‘202’ is provided on the conduit ‘42’ exterior to secure the two ends of the two adjacent portions of the conduit tubes ’40,42’ – thereby sealing an exterior surface of the air circuit or the adjacent sections);
the first and second portions also cooperating to form an engaging portion for connecting the end of the air circuit within the hollow body to a respiratory therapy system component (Figures 1-2 above; where the first and second portions ‘86a/b’ cooperate to form an engaging portion on the interior surface (Figure 1 above) for connecting the end of the air circuit (’40,42’ Figure 2 above) within the hollow body (portion of the inside of the connector for the conduits), to a respiratory therapy system (Doherty [0006])).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the connector of Doherty by including embodiment 23 or 1 as taught by Doherty, since, the contact between the seal and the conduit tubes creates friction that prevents the conduits from moving axially relative to each other and from separating by application of minimal force (Doherty [0106]) and since, the gasket (sealing means) is provided to seal the flow of breathable gas for the system.
Regarding claim 2, Doherty further discloses the connector of claim 1, wherein the first and second portions are connected by a hinge on a first side of the first and second portions (Figure 1 above; where there is a hinge ‘86c’ provided on one side (a first side) of the first and second portions ‘86a,b’ making the first and second portions connectable).
Regarding claim 4, Doherty further discloses the connector of claim 2, wherein the hinge is a living hinge (Doherty [0080]; where the hinge ‘86c’ (of Figure 2 above) is a living hinge).
Regarding claim 6, Doherty further discloses the connector of claim 1, wherein the first and second portions are connectable by magnets (Doherty Figure 7a; where ’76,78’ are magnets provided on a first and a second portion (’72,74’) of the connector to connect the two conduits ’40,42’, thereby making the first and second portions being connectable by magnets).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the connector of Doherty to include magnets to connect the first and second portions of a connector as taught by Doherty embodiment 6, since, the magnetic attraction between the magnets provides a connection that is difficult to disconnect by a tensile force along the axial direction of the components (Doherty [0074]).
Regarding claim 9, Doherty further discloses a method of constructing an air circuit comprising the steps of connecting two portions of air circuit with a connector as claimed in claim 1 (Doherty [0006]; where the connector is for connecting the two portions (first and second portions of Figures 1-2 above) of the air circuit (two conduits) in a breathing apparatus, by use of a hinge ‘86c’ the two portions are connectable to each other to surround the exterior of the air circuit, to deliver respiratory therapy to the patient from the system – method of constructing the air circuit by connecting the two portions of the air circuit with a connector, Figures 1-2 above; two conduits within the connector ‘86’ – connecting the connector to the conduit).
Regarding claim 13, Doherty further discloses the connector of claim 1, wherein the interior surfaces of the first and second portions along a central portion of the hollow body are configured to establish an interference fit with the air circuit (Doherty [0065]; where the connector (that covers the exterior surface of the air circuit conduits) may include a gasket ‘44’ (means for sealing on the interior surface of the first and second portions) provided at the end of each component (conduit tubes ’40,42’), which may be formed of rubber such that it provides a seal for the flow of breathable gas for the system – where the sealing means (gasket ‘44’) is provided within the hollow body (the connector’s inside) to fixedly engage, secure, and seal the two ends of the adjacent conduit tubes ’40,42’, [0026]; where figures 10a/b are connectors, Doherty Figure 2a-2b; where there is the gasket ‘44’, Doherty [0106]; where the flow of breathable gas may also be sealed by a seal ‘202’ that creates the friction- fit (interference fit) preventing the two conduit portions ’40,42’ (air circuit) from moving axially relative to each other and from separating by application of minimal force, see also Doherty Figure 23b; where the seal ‘202’ is provided on the conduit ‘42’ exterior to secure the two ends of the two adjacent portions of the conduit tubes ’40,42’).
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Figure 3: annotated Figure 10b of Doherty.
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Figure 4: annotated Figure 10a of Doherty.
Regarding claim 14, Doherty further discloses the connector of claim 1, wherein an opening of the engaging portion is collinear with the end of the air circuit (Figure 3 above; where the engaging portion is the interior surface of the connector that engages with the ends of the air circuit (Figure 1 above: two conduits within connector), that has an opening that is collinear with the end of the air circuit and Figure 4 above; where the connector ‘86’ wraps around the air circuit tubes ’40,42’ where the openings of all are collinear because the connector wraps around circumferentially the exterior of the two conduits of the air circuit making the openings of the air circuit and the connector line up).
Regarding claim 15, Doherty further discloses the connector of claim 1, wherein the first and second portions are configured to be secured to one another in a closed configuration in which the ends of the adjacent sections are collinear and facing one another, end-to-end inside the hollow body (Figures 1-4 above; where the first and second portions ‘86a,b’ are configures to be secured to each other in a closed configuration (when the connector is secured closed, Doherty [0080]), where the ends of the adjacent sections ’40,42’ are collinear because the openings line up with the connector end-to-end inside the hollow body (the inner space in which the air circuit resides of the connector)).
Regarding claim 16, Doherty further discloses the connector of claim 1, wherein the hollow body is configured to fluidly connect the engaging portion and the air circuit to one another, and to fluidly connect the adjacent ends with one another (Figures 1-4 above; where the hollow body (inner space that connects with the air circuit ’40,42’ portions) is configured to fluidly connect (Doherty [0003]) the engaging portion (the inner surface that is connected to the air circuit ’40,42’) to one another, and to fluidly connect the adjacent ends with one another (Doherty [0006] and Figures 1-4 above) where the adjacent ends are connected together to provide fluid connection between the flow generator (RPT device) and the patient interface to deliver fluid (air) to the patient for therapy – fluidly connecting the engaging portion and the air circuit together and the adjacent ends with one another).
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Doherty (US 20080264413 A1) in view of Stegman (US 20140332000 A1).
Regarding claim 3, Doherty further discloses the connector of claim 2.
Doherty is silent to wherein the body comprises a latch on a second side of the first and second portions.
Stegman discloses a connector wherein:
the body comprises a latch on a second side of the first and second portions, opposite the first sides (Stegman Figure 2; ‘162’ and ‘164’ are first and second mating surfaces respectively and Stegman Figure 3 and [0025]; ‘116’ and ‘118’ are internal ridges that have snap-fit joints, cantilever snap-fit joints, or hook recess snap-fit joints (these are types of latches and snap-fit connectors) that are on a second side (opposite to the hinge connection ‘170’) of the first and second portions opposite the first sides that have the hinge);
the latch configured to connect the second side of the first portion to the second side of the second portion (Stegman [0025] lines 13-16; ridges with joints mat have and interface that holds the first section ‘112’ and ‘114’ together).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the connector of Doherty to include latches on the first and second portions opposite to a hinge as taught by Stegman, since, the latches help to keep the two halves of the connector together in a closed state (Stegman [0025]).
Regarding claim 5, Doherty further discloses the connector of claim 1.
Doherty is silent to the first and second portions being connectable by snap connectors.
Stegman discloses a connector wherein:
the first and second portions are connectable by snap connectors (Stegman Figure 3 and [0025]; ‘116’ and ‘118’ are internal ridges that have snap-fit joints, cantilever snap-fit joints, or hook recess snap-fit joints (these are types of latches and snap-fit connectors, Stegman Figure 2; where you can see that the ridges ‘116,118’ would allow for a snap-fit connection of the closed connector for the first and second portions).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the connector of Doherty to include the first and second portions being connectable by snap connectors as taught by Stegman, since, the snap connectors help to keep the two halves of the connector together in a closed state (Stegman [0025]).
Claim 7 is rejected under 35 U.S.C. 103 as obvious over Doherty (US 20080264413 A1) in view of Reddy (US 20190091434 A1).
Regarding claim 7, Doherty further discloses the connector of claim 1, comprising the engaging portion (Figures 1-2 above; where the first and second portions ‘86a/b’ cooperate to form an engaging portion on the interior surface (Figure 1 above) for connecting the end of the air circuit (’40,42’ Figure 2 above)).
Doherty fails to disclose wherein at least the engaging portion conforms to ISO 17510: 2015.
Reddy discloses a connector wherein:
at least a portion conforms to ISO 17510: 2015 (Reddy [0085]; leak rate measured in accordance with ISO 17510: 2015, the access valve of the connector piece has the same curvature of an engaging portion).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the connector of Doherty by having the engaging portion conform to ISO 17510: 2015 as taught by Reddy, since, having the engaging portion conforming to ISO 17510: 2015 would allow for a standardized leak rate (Reddy [0085]; ISO 17510: 2015) where it helps to provide the need of positive pressure to maintain adequate breathing (Reddy [0004] lines 1-4).
Claim 8 is rejected under 35 U.S.C. 103 as obvious over Doherty (US 20080264413 A1) in view of Garrett (US 20130092277 A1).
Regarding claim 8, Doherty further discloses a method of constructing an air circuit for connecting a first component of a respiratory therapy system to a second component of the system (Doherty [0006]; where the connector is for connecting the components (two conduits) in a breathing apparatus, a flow generator (RPT device) and a patient interface (first and second component), and the delivery conduit (air circuit) to deliver respiratory therapy to the patient from the system – method of constructing the air circuit with the first component to the second component of the system), the method comprising the steps of:
b) connecting the connector of claim 1 to the conduit (Doherty [0006]; where the connector is for connecting the components (two conduits) in a breathing apparatus, Figures 1-2 above; two conduits within the connector ‘86’ – connecting the connector to the conduit).
Doherty fails to disclose the method comprising the steps of a) cutting a conduit to a required length.
Garrett discloses the manufacture of a respiratory hose wherein:
the method comprising the steps of: a) cutting a conduit to a required length (Garrett [0003] lines 1-8; tubing is severed, [0008]; a reducer fitting located about 18-24 inches (required length of tubing cuts) from the mask for a CPAP machine where tubing (conduit) is reduced or diminished – a reducer is a type of connector).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of the constructing an air circuit for connecting a first component of a respiratory system to a second component of the system, with the step of connecting the connector to a conduit of Doherty to have the conduit be cut to a required length as taught by Garrett, since, tapering and severing the tubing helps the treatment of sleep apnea (Garrett [0006] lines 1-2) and because cutting the tube to a required length allows for a desired air or gas velocity for any given application of an air circuit tube (Garrett [0003] lines 9-10).
Claim 12 is rejected under 35 U.S.C. 103 as obvious over Doherty (US 20080264413 A1) in view of Fu (US 20220082192 A1).
Regarding claim 12, Doherty further discloses the connector of claim 1.
Doherty fails to disclose wherein the connector includes channels configured to receive corrugations of the air circuit.
Fu discloses the conduit wherein:
the interior surfaces of the first and second portions include channels configured to receive corrugations of the air circuit (Fu Figure 6; where there are inner threading (channels) ‘68’ to receive corrugations of the air circuit Fu [0049]; where the connector (cuff portion) has a threading complimentary to the ribbing of the air circuit ‘32’ of Fu Figure 1 and the connector portion, has 2 sides (first and second portions) as indicated by Fu Figure 3, connectable by snap connectors ‘58’).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the connector of Doherty by including complimentary channels to the corrugations to receive the air circuit by the connector as taught by Fu, since, the channels (threading) are complimentary to the air circuit corrugations, which allow for the conduits with corrugations to be connected to the inner surface of the connector piece (Fu [0049]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Dole (US 7543857 B2): pipe connector with latching mechanism.
Horimoto (US 5645302 A): coupling apparatus for a tube.
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 AISLINN MOIRA JONES whose telephone number is (571)272-3835. The examiner can normally be reached Monday-Friday 7:30-5, EO Friday 7:30-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at 5712707410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AISLINN M JONES/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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