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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Teng (U.S 2020/0297962 A1).
Regarding claim 1, Teng discloses a portable respirator (see Paragraph 0038, the respirator system is portable; also see Fig. 1) comprising:
a respiratory device having an inlet and an outlet fluidly communicating with an interior of the respiratory device (Fig. 4A and 7; A blower 208/504 has an inlet 220 and an outlet 222 connected with the interior lumen 218 of the blower; The fan unit 504 of Fig. 7 similarly has the inlet and outlet); and
a pipe (see Fig. 4A, tubing 209; also see air tube 506 of Fig. 7) having
two opposite ends, and one of the two opposite ends of the pipe connected to the outlet of the respiratory device (Fig. 4A, the tubing 209 has one end attached to the outlet blower at 222; Similarly see Fig. 7);
a breathing component (Fig. 4A and Paragraph 0034; the respirator system includes a face mask 201; also see 502 of Fig. 7) having
a connecting tube connected to the other one of the two opposite ends of the pipe (see Fig. 7 and Paragraph 0038; Tubes of 508/506 are connected at the end of the tube 506 opposite that of the end the blower outlet; The tubes 508/506 of the mask connect the tubing to the mask for conveyance to the user); and
a power bank electrically connected to the respiratory device (Paragraph 0025, 0033; The blowers have batteries which bank/store electrical power).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Teng (U.S 2020/0297962 A1), as applied to claim 1, in view of Pierro (U.S 2009/0301477 A1).
Regarding claim 2, the device of Teng discloses the device of claim 1.
Teng is silent regarding wherein the mobile respirator comprises an air supplier having a supplying pipe; the breathing component has a branch tube formed on and fluidly communicating with the connecting tube; and an end of the supplying pipe away from the air supplier is connected to the branch tube.
However, Pierro teaches a respirator device which includes an air supplier having a supplying pipe and wherein the breathing component is connected to a branch tube via a connecting tube, and an end of the supplying pipe away from the air supplier is connected to the branch tube (see Fig. 2 and Paragraphs 0019-0020; A branch tube/T-connector 28 introduces air from a source of air 14 to the breathing circuit via intermediary tubing 30; Additionally, the branch tube connects the tube 44 connected to the ventilator to the patient interface at 20).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Teng to include an air supplier with a supplying pipe connected via a branch tube connected to the connecting tube, such as that taught by Pierro, in order to provide an additional source of air for inhalation by the patient (Paragraph 0019).
Claim 3, 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Teng (U.S 2020/0297962 A1), as applied to claim 1, in view of Al-Jumaily (U.S 2024/0157081 A1).
Regarding claim 3, the device of Teng discloses the device of claim 1.
Teng is silent wherein the mobile respirator comprises a heat and moisture exchange filter; the heat and moisture exchange filter has an inlet opening and an outlet opening fluidly communicating with an interior of the heat and moisture exchange filter, the inlet opening of the heat and moisture exchange filter is connected to the other one of the two opposite ends of the pipe; and the outlet opening of the heat and moisture exchange filter is connected to the connecting tube.
However, Al-Jumaily teaches a respirator assembly comprising a heat and moisture exchange filter (Paragraph 0332-0337 and Fig. 7; The respirator assembly can include a removeable module with included moisture exchange and heater to control the desired humidity/temperature to the inspired gases; also see Paragraph 0055); the heat and moisture exchange filter has an inlet opening and an outlet opening fluidly communicating with an interior of the heat and moisture exchange filter (Fig. 7, the HME module has an inlet opening and outlet opening relative to the mask to impart humidity and temperature to the inspired gases; The inlet and outlet must communicate with the interior), the inlet opening of the heat and moisture exchange filter is connected to the other one of the two opposite ends of the pipe (see Fig. 7, the inlet end is connected to the end of the upstream tube connected to the respiratory support device); and the outlet opening of the heat and moisture exchange filter is connected to the connecting tube (Fig. 7 the outlet end of the HME is connected to the downstream tube, which connects to the respiratory mask).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Teng to have an HME filter module between the pipe connected to the blower assembly and the connecting tube to the respiratory mask, such as that taught by Al-Jumaily, in order to provide target humidity and heating to the respiratory gases to be inspired by the user (Paragraph 0055 and Abstract).
Regarding claim 5, the modified device of Teng discloses the device of claim 3.
Teng further discloses wherein the mobile respirator comprises a filtering component disposed to the inlet of the respiratory device (see Fig. 4A and Paragraph 0034; A replaceable filter 214 can be disposed at the inlet 220 of the blower; The blower pulls in unfiltered air through the filter and pushes the filtered air to the user).
Regarding claim 7, the modified device of Teng discloses the device of claim 5.
Teng further discloses wherein the breathing component is a face mask (Paragraph 0034, 0038 and Fig. 4A and 7; The breathing component is a face mask 201/502).
Claims 4, 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Teng (U.S 2020/0297962 A1) in view of Pierro (U.S 2009/0301477 A1), as applied to claims 1-2, in further view of Al-Jumaily (U.S 2024/0157081 A1).
Regarding claim 4, the modified device of Teng discloses the device of claim 2.
Teng is silent wherein the mobile respirator comprises a heat and moisture exchange filter; the heat and moisture exchange filter has an inlet opening and an outlet opening fluidly communicating with an interior of the heat and moisture exchange filter, the inlet opening of the heat and moisture exchange filter is connected to the other one of the two opposite ends of the pipe; and the outlet opening of the heat and moisture exchange filter is connected to the connecting tube.
However, Al-Jumaily teaches a respirator assembly comprising a heat and moisture exchange filter (Paragraph 0332-0337 and Fig. 7; The respirator assembly can include a removeable module with included moisture exchange and heater to control the desired humidity/temperature to the inspired gases; also see Paragraph 0055); the heat and moisture exchange filter has an inlet opening and an outlet opening fluidly communicating with an interior of the heat and moisture exchange filter (Fig. 7, the HME module has an inlet opening and outlet opening relative to the mask to impart humidity and temperature to the inspired gases; The inlet and outlet must communicate with the interior), the inlet opening of the heat and moisture exchange filter is connected to the other one of the two opposite ends of the pipe (see Fig. 7, the inlet end is connected to the end of the upstream tube connected to the respiratory support device); and the outlet opening of the heat and moisture exchange filter is connected to the connecting tube (Fig. 7 the outlet end of the HME is connected to the downstream tube, which connects to the respiratory mask).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Teng to have an HME filter module between the pipe connected to the blower assembly and the connecting tube to the respiratory mask, such as that taught by Al-Jumaily, in order to provide target humidity and heating to the respiratory gases to be inspired by the user (Paragraph 0055 and Abstract).
Regarding claim 6, the modified device of Teng discloses the device of claim 4.
Teng further discloses wherein the mobile respirator comprises a filtering component disposed to the inlet of the respiratory device (see Fig. 4A and Paragraph 0034; A replaceable filter 214 can be disposed at the inlet 220 of the blower; The blower pulls in unfiltered air through the filter and pushes the filtered air to the user).
Regarding claim 8, the modified device of Teng discloses the device of claim 6.
Teng further discloses wherein the breathing component is a face mask (Paragraph 0034, 0038 and Fig. 4A and 7; The breathing component is a face mask 201/502).
Claims 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Teng (U.S 2020/0297962 A1) in view of Al-Jumaily (U.S 2024/0157081 A1), as applied to claims 1, 3 and 5, in further view of Occhialini (U.S 2006/0096596 A1).
Regarding claim 9, the modified device of Teng discloses the device of claim 5.
Teng is silent regarding wherein the breathing component is a nasal cannula.
However, Occhialini teaches nasal cannula as a known alternative patient interface to receive the respiratory/pressurized air (Paragraph 0001, 0045, 0047; Nasal prongs can pressurize the airway through the nose to deliver the respiratory gases).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Teng to have included a nasal cannula as the patient interface/breathing component, such as that taught by Occhialini, in order to provide a known alternative interface for the user to receive the pressurized gases (Paragraph 0001, 0045, 0047) which different patients may prefer.
Regarding claim 11, the modified device of Teng discloses the device of claim 5.
Teng is silent regarding wherein the breathing component is a nasal mask.
However, Occhialini teaches a nasal mask as a known alternative patient interface to receive the respiratory/pressurized air (Paragraph 0001, 0045, 0047; A nasal mask can pressurize the airway through the nose to deliver the respiratory gases).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Teng to have included a nasal mask as the patient interface/breathing component, such as that taught by Occhialini, in order to provide a known alternative interface for the user to receive the pressurized gases (Paragraph 0001, 0045, 0047) which different patients may prefer.
Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Teng (U.S 2020/0297962 A1) in view of Pierro (U.S 2009/0301477 A1) and Al-Jumaily (U.S 2024/0157081 A1), as applied to claims 1-2, 4 and 6, in further view of Occhialini (U.S 2006/0096596 A1).
Regarding claim 10, the modified device of Teng discloses the device of claim 6.
Teng is silent regarding wherein the breathing component is a nasal cannula.
However, Occhialini teaches nasal cannula as a known alternative patient interface to receive the respiratory/pressurized air (Paragraph 0001, 0045, 0047; Nasal prongs can pressurize the airway through the nose to deliver the respiratory gases).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Teng to have included a nasal cannula as the patient interface/breathing component, such as that taught by Occhialini, in order to provide a known alternative interface for the user to receive the pressurized gases (Paragraph 0001, 0045, 0047) which different patients may prefer.
Regarding claim 12, the modified device of Teng discloses the device of claim 6.
Teng is silent regarding wherein the breathing component is a nasal mask.
However, Occhialini teaches a nasal mask as a known alternative patient interface to receive the respiratory/pressurized air (Paragraph 0001, 0045, 0047; A nasal mask can pressurize the airway through the nose to deliver the respiratory gases).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Teng to have included a nasal mask as the patient interface/breathing component, such as that taught by Occhialini, in order to provide a known alternative interface for the user to receive the pressurized gases (Paragraph 0001, 0045, 0047) which different patients may prefer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS WILLIAM GREIG whose telephone number is (571)272-5378. The examiner can normally be reached Monday - Thursday: 7:30AM - 5:00PM.
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/THOMAS W GREIG/Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785