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 Arguments
This office action is responsive to Request for Reconsideration filed on 04/03/2026. As directed by the amendment: claims 1 – 20 are pending, no claims were cancelled, no claims have been added & claims 1, 3, 6, 11, 13 & 16 have been amended.
Upon further consideration, claim 6 and 16 are no longer considered allowable and new art is applied to address the amended claimed. Therefore the office action is non-final.
Applicant's arguments filed 04/03/2026 have been fully considered but they are not persuasive. The entire limitations of the objected claims 6 & 16 were not brought to claim 1 in order to invoke the allowability. Based on the generalization of the claims, the examiner has found references that reject both amended claims 1, 6, 11 & 16. This maintains the rejection of the non-statutory double patenting rejections.
Applicant's arguments filed 04/03/2026 have been fully considered but they are not persuasive. The entire limitations of the objected claims 6 & 16 were not brought to claim 1 in order to invoke the allowability. Based on the generalization of the claims, the examiner has found references that reject both amended claims 1, 6, 11 & 16. This maintains the rejection of the statutory double patenting rejections (35 U.S.C 101).
Applicant's arguments filed 04/03/2026 have been fully considered but they are not persuasive. The entire limitations of the objected claims 6 & 16 were not brought to claim 1 in order to invoke the allowability. Based on the generalization of the claims, the examiner has found references that reject both amended claims 1, 6, 11 & 16. This maintains the rejection of the claim rejections 103 U.S.C 103.
Applicant's arguments filed 04/03/2026 have been fully considered but they are not persuasive. The entire limitations of the objected claims 6 & 16 were not brought to claim 1 in order to invoke the allowability. Based on the generalization of the claims, the examiner has found references that reject both amended claims 1, 6, 11 & 16.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 – 6 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12203668 B2 in view of Froehlich et al. (US 5503146 A) & Hopkinson et la. (US 20200188546 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and the prior art.
Regarding claim 1, Patent 12203668 B2 discloses an air quality monitoring device, the air quality monitoring device comprising: a housing comprising a chamber and an inlet port (Claim 1), wherein the inlet port is structured to receive an air flow from outside the housing and provide the air flow to the chamber (Claim 1); a plurality of sensors disposed within the chamber and configured to measure air quality data associated with the air flow (Claim 1); and a controller connected with the plurality of sensors (Claim 1); wherein the inlet port is further structured to selectively receive ambient air flow from a surrounding environment outside the housing such that the plurality of sensors are configured to measure air quality data associated with the ambient air flow (Claim 1); and wherein the controller is configured for comparing the measured air quality data associated with the ambient air flow with the measured air quality data associated with the air flow from the outlet port of the positive airway pressure machine to determine net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (Claim 1).
Patent 12203668 B2 discloses wherein the inlet port is further structured to selectively receive air flow directly from a positive airway pressure machine (Claim 1) such that the plurality of sensors are configured to measure air quality data associated with the air flow directly from the positive airway pressure machine (Claim 1 discloses the plurality of sensors are configured to measure air quality data associated with the airflow).
Patent 12203668 B2 does not disclose the airflow to be from the outlet port of the positive airway pressure machine.
Froehlich discloses the airflow to be from the outlet port of the positive airway pressure machine. (Claim 16)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Patent 12203668 B2 to have the airflow to be from the outlet port of the positive airway pressure machine as it would allow the air to be passed out to the exterior of the housing to the patient. (Claim 16)
Patent 12203668 B2 does not disclose does not disclose a container for receiving the air quality monitoring device and a face mask, wherein the container is structured to limit ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container.
Hopkinson discloses a container 100, wherein the container 100 is structured to limit ambient air outside of the container 100 from reaching inside the container 100. (Paragraph 0026 & 0052)
Hopkinson does not expressly disclose a container for receiving the air quality monitoring device and a face mask, wherein the container is structured to limit ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include a container for receiving the air quality monitoring device and a face mask, wherein the container is structured to limit ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container as it would allow the device and mask to be put inside the container in order to ensure the device is protected and prevent it from becoming contaminated. (Paragraph 0026 & 0052)
Regarding claim 2, Patent 12203668 B2 discloses the air quality monitoring device as claimed in claim 1.
Modified Patent 12203668 B2 wherein the inlet port is further structured to selectively receive air flow such that the plurality of sensors are configured to measure air quality data associated with the air flow (Claim 1); and wherein the controller is configured for comparing the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine with the measured air quality data associated with the air flow to determine net air quality data associated with the air flow (Claim 1).
Patent 12203668 B2 does not expressly disclose from a distal end of a hose connected to the outlet port of the positive airway pressure machine.
Froehlich discloses from a distal end of a hose connected to the outlet port of the positive airway pressure machine. (Claim 16)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Patent 12203668 B2 to have the airflow to be from a distal end of a hose connected to the outlet port of the positive airway pressure machine as it would allow the air to be passed out to the exterior of the housing to the patient (Claim 16)
Regarding claim 3, Patent 12203668 B2 discloses the air quality monitoring device as claimed in claim 2.
Modified Patent 12203668 B2 discloses the inlet port (Claim 1)
Modified Patent 12203668 B2 does not disclose to selectively receive air flow from a face mask connected to the distal end of the hose connected to the outlet port of the positive airway pressure machine such that the plurality of sensors are configured to measure air quality data associated with the air flow through the face mask; and wherein the controller is configured for comparing the measured air quality data associated with air flow through the hose with the measured air quality data associated with the air flow through the face mask to determine net air quality data associated with the air flow through the face mask.
Modified Patent 12203668 B2 does not disclose from a distal end of a hose connected to the outlet port of the positive airway pressure machine.
Froehlich discloses from a distal end of a hose connected to the outlet port of the positive airway pressure machine. (Claim 16)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Patent 12203668 B2 to have the airflow to be from the outlet port of the positive airway pressure machine as it would allow the air to is further structured to selectively receive air flow from a face mask connected to the such that the plurality of sensors are configured to measure air quality data associated with the air flow (Claim 1) and wherein the controller is configured for comparing the measured air quality data associated with air flow through the hose with the measured air quality data associated with the air flow through the face mask to determine net air quality data associated with the air flow through the face mask (Claim 1)
Patent 12203668 B2 does not expressly disclose from a distal end of a hose connected to the outlet port of the positive airway pressure machine and through the face mask.
Froehlich discloses from a distal end of a hose connected to the outlet port of the positive airway pressure machine and through the face mask. (Claim 16)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Patent 12203668 B2 to have the airflow to be from the face mask as it would allow the air to be passed out to the exterior of the housing to the patient and to determine air quality measurements for air leaving the face mask. (Claim 16)
Jang further discloses the control system evaluates the air quality by acquiring the mean value of the air quality data of all the classrooms. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the controller of Patent 12203668 B2 wherein the controller is configured for comparing the measured air quality data associated with air flow through the hose with the measured air quality data associated with the air flow through the face mask to determine net air quality data associated with the air flow through the face mask. because it is known to take multiple samples from different situations and compare them to determine air quality for the system (i.e. school/air quality of the air provided). (Abstract) Also, based on the explanation of Froehlich that the mask is connected to the hose and is what provides the patient airflow it would be obvious to want to determine what the air quality being provided to the patient is. (Page 6, Paragraph 2)
Regarding claim 4, Patent 12203668 B2 discloses the air quality monitoring device as claimed in claim 3.
Modified Patent 12203668 B2 discloses wherein the controller determines the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine based on a difference between (a) the measured air quality data associated with the ambient air flow and (b) the measured air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine; wherein the controller determines the net air quality data associated with the air flow from the hose based on a difference between (a) the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine and (b) the measured air quality data associated with the air flow through the hose; and wherein the controller determines the net air quality data associated with the air flow from the face mask based on a difference between (a) the measured air quality data associated with air flow through the hose and (b) the measured air quality data associated with the air flow through the face mask. (as claimed in claims 1, 2 & 3 above / Note: the examiner considers these limitations to have already been established in claims above and the modifications have been conducted to meet the limitations of this claim)
Regarding claim 5, Patent 12203668 B2 discloses the air quality monitoring device as claimed in claim 3.
Modified Patent 12203668 B2 discloses further comprising an adapter configured to be connected to the inlet port and (a) the outlet port of the positive airway pressure machine or (b) the distal end of the hose (Claim 1), wherein the inlet port is configured to respectively receive the air flow the airflow to be from the outlet port of the positive airway pressure machine (as taught in claim 1) or from the hose via the adapter (Claim 1)
Regarding claim 6, Patent 12203668 B2 discloses the air quality monitoring device as claimed in claim 1.
Modified Patent 12203668 B2 discloses wherein the inlet port 20 is further structured to selectively receive air flow from the face mask while the face mask and the air quality monitoring device are in the container 100 (as claimed in claim 1 / Note: this is considered to be where the gas enters from the gas source as seen in Figure 1 / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the face mask and can be close to capture the air leaving the output of the face mask) (Kuzelka).
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5 & 6 of U.S. Patent No. 12203668 B2 in view of Froehlich et al. (US 5503146 A) & Hopkinson et la. (US 20200188546 A1) as claimed in claim 3, in further view of Kuzelka et al. (US 20210369995 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and the prior art.
Regarding claim 7, Patent 12203668 B2 discloses the air quality monitoring device as claimed in claim 3.
Modified Patent 12203668 B2 discloses wherein the controller is configured to determine (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 1), (b) the net air quality data associated with the air flow through the hose (as claimed in claim 2), and (c) the net air quality data associated with the air flow through the face mask. (as claimed in claim 3)
Modified Patent 12203668 B2 does not disclose transmitting the net air quality data to a computing device.
Kuzelka discloses transmitting the net air quality data to a computing device. (Paragraph 0044 & 0046)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Patent 12203668 B2 to include transmitting the net air quality data to a computing device as it would allow output information to a user and receive inputs from the user. (Paragraph 0051)
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12203668 B2 in view of Froehlich et al. (US 5503146 A) & Hopkinson et la. (US 20200188546 A1). as claimed in claim 1, in further view of Claim 3 of U.S. Patent No. 12203668 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and the prior art.
Regarding claim 8, Patent 12203668 B2 discloses the air quality monitoring device as claimed in claim 1.
Modified Patent 12203668 B2 discloses wherein the plurality of sensors comprise at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor. (Claim 3)
Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12203668 B2 in view of Froehlich et al. (US 5503146 A) & Hopkinson et la. (US 20200188546 A1) as claimed in claim 1, in further view of Kuzelka et al. (US 20210369995 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and the prior art.
Regarding claim 9, Patent 12203668 B2 discloses the air quality monitoring device as claimed in claim 1.
Modified Patent 12203668 B2 discloses wherein (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 1)
Modified Patent 12203668 B2 does not disclose the net air quality data associated with the air flow through the hose.
Froehlich discloses the net air quality data associated with the air flow through the hose. (Claim 16)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Patent 12203668 B2 to detect the net air quality data associated with the air flow through the hose as it would allow the air to be passed out to the exterior of the housing to the patient (Claim 16)
Modified Patent 12203668 B2 does not disclose the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold.
Kuzelka discloses the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold. (Paragraph 0100 – 0101)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modifiy Patent 12203668 B2 to include the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold as it would allow the measurement of particle size and density of particulates within the gas flow as the smaller particles may reduce the gas quality index to a greater degree than larger particles. This would be able to detect viruses and bacteria based on their sizes and measurements, which would determine the particles that will have greater impact in the gas quality. (Paragraph 0100 – 0101)
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12203668 B2 in view of Froehlich et al. (US 5503146 A) & Hopkinson et la. (US 20200188546 A1) as claimed in claim 1, in further view of Kuzelka et al. (US 20210369995 A1) and claim 4 of U.S. Patent No. 12203668 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and the prior art.
Regarding claim 10, Patent 12203668 B2 discloses the air quality monitoring device as claimed in claim 1.
Modified Patent 12203668 B2 discloses wherein (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 1), (b) the net air quality data associated with the air flow through the hose (as claimed in claim 9), and/or (c) the net air quality data associated with the air flow through the face mask (as claimed in claim 9) each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor. (Claim 4)
Claim 11 - 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5 & 6 of U.S. Patent No. 12203668 B2 in view of Froehlich et al. (US 5503146 A) & Hopkinson et la. (US 20200188546 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and the prior art.
Regarding claim 11, Patent 12203668 B2 discloses a method of monitoring air quality, the method (Note: the examiner considers the limitations of claim 1 are interpreted in the broadest reasonable interpretation as a method on using the device) comprising: selectively receiving ambient air flow from a surrounding environment outside of an air quality monitoring device into a chamber of the air quality monitoring device via an inlet port (Claim 1); measuring air quality data associated with the ambient air flow via a plurality of sensors disposed within the chamber of the air quality monitoring device (Claim 1); selectively receiving air flow directly from an outlet port of a positive airway pressure machine into the chamber of the air quality monitoring device via the inlet port (Claim 1); measuring air quality data associated with the air flow directly from positive airway pressure machine via the plurality of sensors disposed within the chamber of the air quality monitoring device (Claim 1), comparing, by a controller connected with the plurality of sensors, the measured air quality data associated with the ambient air flow with the measured air quality data associated with the air flow directly from the positive airway pressure machine (Claim 1) to determine net air quality data associated with the air flow directly from the positive airway pressure machine (Claim 1).
Patent 12203668 B2 does not disclose the airflow to be from the outlet port of the positive airway pressure machine.
Froehlich discloses the airflow to be from the outlet port of the positive airway pressure machine. (Claim 16)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Patent 12203668 B2 to have the airflow to be from the outlet port of the positive airway pressure machine as it would allow the air to be passed out to the exterior of the housing to the patient. (Claim 16)
Patent 12203668 B2 does not disclose placing the air quality monitoring device and a face mask into a container, wherein the container is structured to limit the ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container.
Hopkinson discloses a container 100, wherein the container 100 is structured to limit ambient air outside of the container 100 from reaching inside the container 100. (Paragraph 0026 & 0052)
Hopkinson does not expressly disclose placing the air quality monitoring device and a face mask into a container, wherein the container is structured to limit the ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include placing the air quality monitoring device and a face mask into a container, wherein the container is structured to limit the ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container as it would allow the device and mask to be put inside the container in order to ensure the device is protected and prevent it from becoming contaminated. (Paragraph 0026 & 0052)
Regarding claim 12, Modified Patent 12203668 B2 discloses the method as claimed in claim 11.
Modified Patent 12203668 B2 further comprising: selectively receiving air flow from the positive airway pressure machine into the chamber of the air quality monitoring device via the inlet port (Claim 1); measuring air quality data associated with the air flow via the plurality of sensors disposed within the chamber of the air quality monitoring device (Claim 1); and comparing, by the controller, the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine with the measured air quality data associated with the air flow through the hose to determine net air quality data associated with the air flow (Claim 1).
Patent 12203668 B2 does not expressly disclose from a distal end of a hose connected to the outlet port of the positive airway pressure machine.
Froehlich discloses from a distal end of a hose connected to the outlet port of the positive airway pressure machine. (Claim 16)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Patent 12203668 B2 to have the airflow to be from a distal end of a hose connected to the outlet port of the positive airway pressure machine as it would allow the air to be passed out to the exterior of the housing to the patient (Claim 16)
Regarding claim 13, Modified Patent 12203668 B2 discloses the method as claimed in claim 12.
Modified Patent 12203668 B2 discloses the inlet port (Claim 1).
Modified Patent 12203668 B2 does not disclose further comprising: selectively receiving air flow from a face mask connected to the distal end of the hose connected to the outlet port of the positive airway pressure machine into the chamber of the air quality monitoring device via the inlet port; measuring air quality data associated with the air flow through the face mask via the plurality of sensors disposed within the chamber of the air quality monitoring device; and comparing, by the controller, the measured air quality data associated with air flow through the hose with the measured air quality data associated with the air flow through the face mask to determine net air quality data associated with the air flow through the face mask.
Modified Patent 12203668 B2 does not disclose from a distal end of a hose connected to the outlet port of the positive airway pressure machine.
Froehlich discloses from a distal end of a hose connected to the outlet port of the positive airway pressure machine. (Claim 16)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Patent 12203668 B2 to have the airflow to be from the outlet port of the positive airway pressure machine as it would allow the air to is further structured to selectively receive air flow from a face mask connected to the such that the plurality of sensors are configured to measure air quality data associated with the air flow (Claim 1) and wherein the controller is configured for comparing the measured air quality data associated with air flow through the hose with the measured air quality data associated with the air flow through the face mask to determine net air quality data associated with the air flow through the face mask (Claim 1)
Patent 12203668 B2 does not expressly disclose from a distal end of a hose connected to the outlet port of the positive airway pressure machine and through the face mask.
Froehlich discloses from a distal end of a hose connected to the outlet port of the positive airway pressure machine and through the face mask. (Claim 16)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Patent 12203668 B2 to have the airflow to be from the face mask as it would allow the air to be passed out to the exterior of the housing to the patient and to determine air quality measurements for air leaving the face mask. (Claim 16)
Regarding claim 14, Patent 12203668 B2 discloses wherein the controller determines the net air quality data associated with the air flow directly from the positive airway pressure machine based on a difference between (a) the measured air quality data associated with the ambient air flow and (b) the measured air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine; wherein the controller determines the net air quality data associated with the air flow from the hose based on a difference between (a) the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine and (b) the measured air quality data associated with the air flow through the hose; and wherein the controller determines the net air quality data associated with the air flow from the face mask based on a difference between (a) the measured air quality data associated with air flow through the hose and (b) the measured air quality data associated with the air flow through the face mask. (as claimed in claims 11, 12 & 13 above / Note: the examiner considers these limitations to have already been established in claims above and the modifications have been conducted to meet the limitations of this claim)
Regarding claim 15, Patent 12203668 B2 discloses further comprising: connecting an adapter to the inlet port (Claim 1) and (a) to the outlet port of the positive airway pressure machine (as claimed in claim 11) or (b) to the distal end of the hose (as claimed in claim 12), such that the air flow from the outlet port of the positive airway pressure machine or the air flow from the hose is (as claimed in claim 11), respectively, received into the chamber of the air quality monitoring device via the adapter. (Claim 11)
Regarding claim 16, Patent 12203668 B2 discloses selectively receiving air flow from the face mask into the chamber of the air quality monitoring device via the inlet port 20 while the face mask and the air quality monitoring device are in the container 100. (as claimed in claim 1 / Note: this is considered to be where the gas enters from the gas source as seen in Figure 1 / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the face mask and can be close to capture the air leaving the output of the face mask) (Kuzelka).
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12203668 B2 in view of Froehlich et al. (US 5503146 A) & Hopkinson et la. (US 20200188546 A1) as claimed in claim 1, in further view of Kuzelka et al. (US 20210369995 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and the prior art.
Regarding claim 17, Patent 12203668 B2 discloses the method as claimed in claim 13.
Modified Patent 12203668 B2 discloses wherein the controller is configured to determine (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 1), (b) the net air quality data associated with the air flow through the hose (as claimed in claim 2), and (c) the net air quality data associated with the air flow through the face mask. (as claimed in claim 3)
Modified Patent 12203668 B2 does not disclose transmitting the net air quality data to a computing device.
Kuzelka discloses transmitting the net air quality data to a computing device. (Paragraph 0044 & 0046)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Patent 12203668 B2 to include transmitting the net air quality data to a computing device as it would allow output information to a user and receive inputs from the user. (Paragraph 0051)
Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12203668 B2 in view of Froehlich et al. (US 5503146 A) & Hopkinson et la. (US 20200188546 A1) as claimed in claim 1, in further view of Claim 3 of U.S. Patent No. 12203668 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and the prior art.
Regarding claim 18, Modified Patent 12203668 B2 discloses the method as claimed in claim 11.
Modified Patent 12203668 B2 discloses wherein the plurality of sensors comprise at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor. (Claim 3)
Claim 19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12203668 B2 in view of Froehlich et al. (US 5503146 A) & Hopkinson et la. (US 20200188546 A1) as claimed in claim 1, in further view of Kuzelka et al. (US 20210369995 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and the prior art.
Regarding claim 19, Patent 12203668 B2 discloses the method as claimed in claim 11.
Modified Patent 12203668 B2 discloses wherein (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 11).
Modified Patent 12203668 B2 does not disclose the net air quality data associated with the air flow through the hose.
Froehlich discloses the net air quality data associated with the air flow through the hose. (Claim 16)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Patent 12203668 B2 to detect the net air quality data associated with the air flow through the hose as it would allow the air to be passed out to the exterior of the housing to the patient (Claim 16)
Modified Patent 12203668 B2 does not disclose the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold.
Kuzelka discloses the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold. (Paragraph 0100 – 0101)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Patent 12203668 B2 to include the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold as it would allow the measurement of particle size and density of particulates within the gas flow as the smaller particles may reduce the gas quality index to a greater degree than larger particles. This would be able to detect viruses and bacteria based on their sizes and measurements, which would determine the particles that will have greater impact in the gas quality. (Paragraph 0100 – 0101)
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12203668 B2 in view of Froehlich et al. (US 5503146 A) & Hopkinson et la. (US 20200188546 A1) as claimed in claim 1, in further view of Kuzelka et al. (US 20210369995 A1) and claim 4 of U.S. Patent No. 12203668 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and the prior art.
Regarding claim 20, Patent 12203668 B2 discloses wherein (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 11), (b) the net air quality data associated with the air flow through the hose (as claimed in claim 19), and/or (c) the net air quality data associated with the air flow through the face mask (as claimed in claim 19) each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor. (Claim 4)
Claims 1 & 8 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 & 7 - 8 of copending Application No. 18/194,918 (reference application) in view of Hopkinson et la. (US 20200188546 A1), Kuzelka et al. (US 20210369995 A1) & Jang et al. (KR 100813679 B1). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Regarding claim 1, Application no. 18/194,918 discloses an air quality monitoring device, the air quality monitoring device comprising: a housing comprising a chamber and an inlet port (Claim 1 & 7), wherein the inlet port is structured to receive an air flow from outside the housing and provide the air flow to the chamber (Claim 1 & 8); a plurality of sensors disposed within the chamber and configured to measure air quality data associated with the air flow (Claim 1); and a controller connected with the plurality of sensors (Claim 1 discloses the controller as a printed circuit board); wherein the inlet port is further structured to selectively receive ambient air flow from a surrounding environment outside the housing such that the plurality of sensors are configured to measure air quality data associated with the ambient air flow (Claim 1); wherein the inlet port is further structured to selectively receive air flow directly from a positive airway pressure machine such that the plurality of sensors are configured to measure air quality data associated with the air flow directly from the positive airway pressure machine (Claim 1 & 8).
Application no. 18/194,918 does not disclose the airflow to be from the outlet port of the positive airway pressure machine.
Froehlich discloses the airflow to be from the outlet port of the positive airway pressure machine. (Claim 16)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Application no. 18/194,918 to have the airflow to be from the outlet port of the positive airway pressure machine as it would allow air quality measurements without the tube. (Claim 16)
Application no. 18/194,918 does not disclose wherein the controller is configured for comparing the measured air quality data associated with the ambient air flow with the measured air quality data associated with the air flow from the outlet port of the positive airway pressure machine to determine net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine.
Jang further discloses the control system evaluates the air quality by acquiring the mean value of the air quality data of all the classrooms. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the controller application no. 18/194,918 to compare the measured air quality data associated with the ambient air flow with the measured air quality data associated with the air flow from the outlet port of the positive airway pressure machine to determine net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine because it is known to take multiple samples from different situations and compare them to determine air quality for the system (i.e. school/air quality of the air provided). (Abstract)
Application no. 18/194,198 does not disclose does not disclose a container for receiving the air quality monitoring device and a face mask, wherein the container is structured to limit ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container.
Hopkinson discloses a container 100, wherein the container 100 is structured to limit ambient air outside of the container 100 from reaching inside the container 100. (Paragraph 0026 & 0052)
Hopkinson does not expressly disclose a container for receiving the air quality monitoring device and a face mask, wherein the container is structured to limit ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include a container for receiving the air quality monitoring device and a face mask, wherein the container is structured to limit ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container as it would allow the device and mask to be put inside the container in order to ensure the device is protected and prevent it from becoming contaminated. (Paragraph 0026 & 0052)
Claims 2 – 5 & 7 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 & 7 - 8 of copending Application No. 18/194,918 (reference application), Hopkinson et la. (US 20200188546 A1), Kuzelka et al. (US 20210369995 A1) & Jang et al. (KR 100813679 B1) as claimed in claim 1. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Regarding claim 2, Application no. 18/194,918 discloses the air quality monitoring device as claimed in claim 1.
Application no. 18/194,918 discloses the inlet port (Claim 1)
Application no. 18/194,918 does not disclose is further structured to selectively receive air flow from a distal end of a hose connected to the outlet port of the positive airway pressure machine such that the plurality of sensors are configured to measure air quality data associated with the air flow through the hose; and wherein the controller is configured for comparing the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine with the measured air quality data associated with the air flow through the hose to determine net air quality data associated with the air flow through the hose.
However, Kuzleka discloses the inlet port 216 (Kuzleka) is further structured to selectively receive air flow from a distal end of a hose connected to the outlet port of the positive airway pressure machine 10 such that the plurality of sensors 206, 208, 210 & 212 (Kuzelka) are configured to measure air quality data associated with the air flow through the hose (Kuzelka, Paragraph 0045 discloses the gas quality monitor can be external to a medical gas flow device and be near the outlet port of the gas flow device / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the hose and can be close to capture the air leaving the output of the gas machine).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Application no. 18/194,918 to include wherein the inlet port is further structured to selectively receive air flow from a distal end of a hose connected to the outlet port of the positive airway pressure machine such that the plurality of sensors are configured to measure air quality data associated with the air flow through the hose as it would allow the measurement of a medical gas determining a gas quality index of the medical gas based on the obtained measurements. (Abstract)
Modified Application no. 18/194,918 does not disclose wherein the controller is configured for comparing the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine with the measured air quality data associated with the air flow through the hose to determine net air quality data associated with the air flow through the hose.
Jang further discloses the control system evaluates the air quality by acquiring the mean value of the air quality data of all the classrooms. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the controller of Application no. 18/194,918 to wherein the controller is configured for comparing the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine with the measured air quality data associated with the air flow through the hose to determine net air quality data associated with the air flow through the hose because it is known to take multiple samples from different situations and compare them to determine air quality for the system (i.e. school/air quality of the air provided) (Abstract).
Regarding claim 3, Application no. 18/194,918 discloses the air quality monitoring device as claimed in claim 2.
Modified Application no. 18/194,918 discloses wherein the inlet port is further structured to selectively receive air flow from a face mask (Claim 8) connected to the distal end of the hose connected to the outlet port of the positive airway pressure machine such that the plurality of sensors are configured to measure air quality data associated with the air flow through the face mask. (Kuzelka, Paragraph 0045 discloses the gas quality monitor can be external to a medical gas flow device and be near the outlet port of the gas flow device / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the face mask and can be close to capture the air leaving the output of the face mask) (as claimed in claim 2 discloses receiving the air from the distal end of the hose that is connected to the face mask)
Modified Application no. 18/194,918 does not disclose wherein the controller is configured for comparing the measured air quality data associated with air flow through the hose with the measured air quality data associated with the air flow through the face mask to determine net air quality data associated with the air flow through the face mask.
Jang further discloses the control system evaluates the air quality by acquiring the mean value of the air quality data of all the classrooms. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the controller of Application no. 18/194,918 wherein the controller is configured for comparing the measured air quality data associated with air flow through the hose with the measured air quality data associated with the air flow through the face mask to determine net air quality data associated with the air flow through the face mask. because it is known to take multiple samples from different situations and compare them to determine air quality for the system (i.e. school/air quality of the air provided). (Abstract)
Regarding claim 4, Modified Application no. 18/194,918 discloses the air quality monitoring device as claimed in claim 3.
Modified Application no. 18/194,918 discloses the controller (Claim 1 discloses a printed circuit board) determines the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine based on a difference between
(a) the measured air quality data associated with the ambient air flow (as claimed in claim 1) and
(b) the measured air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 1);
wherein the controller 214 (Kuzelka) determines the net air quality data associated with the air flow from the hose based on a difference between
(a) the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 1) and
(b) the measured air quality data associated with the air flow through the hose (as claimed in claim 2); and
wherein the controller 214 (Kuzelka) determines (Note: Claims 1 – 3 already establish the configuration of the controller to be able to determine) the net air quality data associated with the air flow from the face mask based on a difference between
(a) the measured air quality data associated with air flow through the hose (as claimed in claim 2) and
(b) the measured air quality data associated with the air flow through the face mask (as claimed in claim 3).
Regarding claim 5, Modified Application no. 18/194,918 discloses the air quality monitoring device as claimed in claim 3.
Modified Application no. 18/194,918 does not disclose further comprising an adapter configured to be connected to the inlet port and (a) the outlet port of the positive airway pressure machine or (b) the distal end of the hose, wherein the inlet port is configured to respectively receive the air flow from the outlet port of the positive airway pressure machine or from the hose via the adapter.
Kuzelka discloses comprising an adapter (Note: the examiner considers 216 to be a way of coupling the inlet port of the air quality device to the pressure machine) configured to be connected to the inlet port and
(a) the outlet port of the positive airway pressure machine or
(b) the distal end of the hose 154,
wherein the inlet port (Note: this is considered to be where the gas enters from the gas source as seen in Figure 1) is configured to respectively receive the air flow from the outlet port of the positive airway pressure machine or from the hose via the adapter (Paragraph 0045)
It would have been prima face obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include comprising an adapter configured to be connected to the inlet port and the outlet port of the positive airway pressure machine or the distal end of the hose, wherein the inlet port is configured to respectively receive the air flow from the outlet port of the positive airway pressure machine or from the hose via the adapter as it would allow the form of a gas-tight seal with an outlet port of the medical gas flow device so that the gas flow is able to flow to the device without escaping. (Paragraph 0045)
Regarding claim 6, Modified Application no. 18/194,918 discloses the air quality monitoring device as claimed in claim 1.
Aplplication 18/194,198 discloses wherein the inlet port 20 is further structured to selectively receive air flow from the face mask while the face mask and the air quality monitoring device are in the container 100 (as claimed in claim 1 / Note: this is considered to be where the gas enters from the gas source as seen in Figure 1 / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the face mask and can be close to capture the air leaving the output of the face mask) (Kuzelka).
Regarding claim 7, Modified Application no. 18/194,918 discloses the air quality monitoring device as claimed in claim 3.
Modified Application no. 18/194,918 does not expressly disclose wherein the controller is configured to transmit (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine, (b) the net air quality data associated with the air flow through the hose, and (c) the net air quality data associated with the air flow through the face mask to a computing device.
However, Application no. 18/194,918 discloses the printed circuit board is configured to transmit the air quality data to a computing device. (Claim 1)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to further modify Application no. 18/194,918 to include wherein the controller is configured to transmit (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine, (b) the net air quality data associated with the air flow through the hose, and (c) the net air quality data associated with the air flow through the face mask to a computing device as it would allow the air quality if air flow provided by the CPAP machines to be analyzed to ensure that a user of the CPAP machine does not breath in airflow provided by the CPAP machine having mold in it. (Paragraph 0042)
Claims 8 is provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 & 7 - 8 of copending Application No. 18/194,918 (reference application), Hopkinson et la. (US 20200188546 A1), Kuzelka et al. (US 20210369995 A1) & Jang et al. (KR 100813679 B1) as claimed in claim 1. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Regarding claim 8, Patent 18/194,918 discloses the air quality monitor device as claimed in claim 1.
Modified Patent 18/194,918 discloses the plurality of sensors. (Claim 1)
Modified Patent 18/194,918 does not disclose at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor.
Kuzelka discloses at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor. (Paragraph 0044)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the plurality of sensors of modified Froehlich to include at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor as it would allow the measurement of different quantity or components within the gas flowing. (Paragraph 0044)
Claims 9 & 10 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 & 7 - 8 of copending Application No. 18/194,918 (reference application), Hopkinson et la. (US 20200188546 A1), Kuzelka et al. (US 20210369995 A1) & Jang et al. (KR 100813679 B1) as claimed in claim 1. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Regarding claim 9, Modified Application no. 18/194,918 discloses the air quality monitoring device as claimed in claim 1.
Modified Application no. 18/194,918 discloses wherein (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 1)
Froehlich discloses the net air quality data associated with the air flow through the hose. (Claim 16)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Application no. 18/194,918 to detect the net air quality data associated with the air flow through the hose as it would allow the air to be passed out to the exterior of the housing to the patient (Claim 16)
Modified Application no. 18/194,918 does not disclose the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold.
Kuzelka discloses the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold. (Paragraph 0100 – 0101)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Application no. 18/194,918 to include the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold as it would allow the measurement of particle size and density of particulates within the gas flow as the smaller particles may reduce the gas quality index to a greater degree than larger particles. This would be able to detect viruses and bacteria based on their sizes and measurements, which would determine the particles that will have greater impact in the gas quality. (Paragraph 0100 – 0101)
Regarding claim 10, Modified Application no. 18/194,918 discloses the air quality monitoring device as claimed in claim 9.
Modified Application no. 18/194,918 discloses wherein (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 1), (b) the net air quality data associated with the air flow through the hose (as claimed in claim 9).
Modified Application no. 18/194,918 does not disclose the net air quality data associated with the air flow through the face mask each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor.
Kuzelka discloses the net air quality data associated with the air flow through the face mask each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor. (Paragraph 0089)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Application no. 18/194,918 to include wherein the net air quality data associated with the air flow through the face mask each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor as it would allow the measurement of both mass and size fraction and separate measurements of potential mold/bacteria from larger non-biologic particulates such as dust or lint. (Paragraph 0089)
Claims 11 is provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 & 7 - 8 of copending Application No. 18/194,918 (reference application) in further view of Jang et al. (KR 100813679 B1) & Hopkinson et la. (US 20200188546 A1). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Regarding claim 11, A method of monitoring air quality, the method (Note: the examiner considers the limitations of claim 1 are interpreted in the broadest reasonable interpretation as a method on using the device) comprising: selectively receiving ambient air flow from a surrounding environment outside of an air quality monitoring device into a chamber of the air quality monitoring device via an inlet port (Claim 1); measuring air quality data associated with the ambient air flow via a plurality of sensors disposed within the chamber of the air quality monitoring device (Claim 1); selectively receiving air flow directly from an outlet port of a positive airway pressure machine into the chamber of the air quality monitoring device via the inlet port (Claim 8); a controller connected with the plurality of sensors (Claim 1)
Application no. 18/194,918 does not disclose measuring air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine via the plurality of sensors disposed within the chamber of the air quality monitoring device; and comparing the measured air quality data associated with the ambient air flow with the measured air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine to determine net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine.
However, Jang does disclose an outdoor unit 200 including a measuring unit 220 to measure the quality of the outside air. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Froehlich to include an outdoor unit 200 including a measuring part to measure the quality of the outside air as it would allow to determine how harmful substances are contained in the atmosphere. (Page 5, Paragraph 4)
Jang also discloses a control system evaluating the air quality by acquiring the mean value of the air quality data of all the classrooms. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Froehlich to include disclose control system evaluating the air quality by acquiring the mean value of the air quality data of all the classrooms in order to be able to gather that data to be taken into consideration to obtain a net or total. (Abstract)
does not disclose placing the air quality monitoring device and a face mask into a container, wherein the container is structured to limit the ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container.
Hopkinson discloses a container 100, wherein the container 100 is structured to limit ambient air outside of the container 100 from reaching inside the container 100. (Paragraph 0026 & 0052)
Hopkinson does not expressly disclose placing the air quality monitoring device and a face mask into a container, wherein the container is structured to limit the ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include placing the air quality monitoring device and a face mask into a container, wherein the container is structured to limit the ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container as it would allow the device and mask to be put inside the container in order to ensure the device is protected and prevent it from becoming contaminated. (Paragraph 0026 & 0052)
Claims 12 – 17 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 & 7 - 8 of copending Application No. 18/194,918 (reference application) in further view of Jang et al. (KR 100813679 B1) & Hopkinson et la. (US 20200188546 A1) as claimed in claim 11, in view of Kuzelka et al. (US 20210369995 A1). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Regarding claim 12, Modified Application no. 18/194,918 discloses the method as claimed in claim 11.
Modified Application no. 18/194,918 discloses the inlet port and controller (Claim 1).
Modified Application no. 18/194,918 does not disclose further comprising: selectively receiving air flow from a distal end of a hose connected to the outlet port of the positive airway pressure machine into the chamber of the air quality monitoring device via the inlet port; measuring air quality data associated with the air flow through the hose via the plurality of sensors disposed within the chamber of the air quality monitoring device; and comparing, by the controller, the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine with the measured air quality data associated with the air flow through the hose to determine net air quality data associated with the air flow through the hose.
Kuzelka discloses further comprising: selectively receiving air flow from a distal end of a hose connected to the outlet port of the positive airway pressure machine 10 into the chamber of the air quality monitoring device via the inlet port; measuring air quality data associated with the air flow through the hose via the plurality of sensors 206, 208, 210 & 212 (Kuzelka) disposed within the chamber of the air quality monitoring device (Kuzelka, Paragraph 0045 discloses the gas quality monitor can be external to a medical gas flow device and be near the outlet port of the gas flow device / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the hose and can be close to capture the air leaving the output of the gas machine).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Modified Application no. 18/194,918 to include wherein the inlet port is further structured to selectively receive air flow from a distal end of a hose connected to the outlet port of the positive airway pressure machine such that the plurality of sensors are configured to measure air quality data associated with the air flow through the hose as it would allow the measurement of a medical gas determining a gas quality index of the medical gas based on the obtained measurements. (Abstract)
Jang further discloses the control system evaluates the air quality by acquiring the mean value of the air quality data of all the classrooms. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the controller of Froehlich to compare, by the controller, the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine with the measured air quality data associated with the air flow through the hose to determine net air quality data associated with the air flow through the hose because it is known to take multiple samples from different situations and compare them to determine air quality for the system (i.e. school/air quality of the air provided). (Abstract)
Regarding claim 13, Modified Application no. 18/194,918 discloses the method as claimed in claim 12.
Modified Application no. 18/194,918 discloses further comprising: selectively receiving air flow from a face mask connected to the distal end of the hose connected to the outlet port of the positive airway pressure machine into the chamber of the air quality monitoring device via the inlet port (Claim 8) (Kuzelka, Paragraph 0045 discloses the gas quality monitor can be external to a medical gas flow device and be near the outlet port of the gas flow device / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the face mask and can be close to capture the air leaving the output of the face mask) (as claimed in claim 12 discloses receiving the air from the distal end of the hose that is connected to the face mask)
Modified Application no. 18/194,918 does not disclose measuring air quality data associated with the air flow through the face mask via the plurality of sensors disposed within the chamber of the air quality monitoring device; and comparing, by the controller, the measured air quality data associated with air flow through the hose with the measured air quality data associated with the air flow through the face mask to determine net air quality data associated with the air flow through the face mask.
Jang further discloses the control system evaluates the air quality by acquiring the mean value of the air quality data of all the classrooms. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the controller of Application no. 18/194,918 wherein the controller is configured for comparing the measured air quality data associated with air flow through the hose with the measured air quality data associated with the air flow through the face mask to determine net air quality data associated with the air flow through the face mask. because it is known to take multiple samples from different situations and compare them to determine air quality for the system (i.e. school/air quality of the air provided). (Abstract)
Regarding claim 14, Modified Application no. 18/194,918 discloses the method as claimed in claim 13.
Modified Application no. 18/194,918 discloses the controller (Claim 11 discloses a printed circuit board) determines the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine based on a difference between
(a) the measured air quality data associated with the ambient air flow (as claimed in claim 11) and
(b) the measured air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 11);
wherein the controller 214 (Kuzelka) determines the net air quality data associated with the air flow from the hose based on a difference between
(a) the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 11) and
(b) the measured air quality data associated with the air flow through the hose (as claimed in claim 12); and
wherein the controller 214 (Kuzelka) determines (Note: Claims 11 – 13 already establish the configuration of the controller to be able to determine) the net air quality data associated with the air flow from the face mask based on a difference between
(a) the measured air quality data associated with air flow through the hose (as claimed in claim 12) and
(b) the measured air quality data associated with the air flow through the face mask (as claimed in claim 13).
Regarding claim 15, Modified Application no. 18/194,918 discloses the method as claimed in claim 13.
Modified Application no. 18/194,918 does not disclose further comprising an adapter configured to be connected to the inlet port and (a) the outlet port of the positive airway pressure machine or (b) the distal end of the hose, wherein the inlet port is configured to respectively receive the air flow from the outlet port of the positive airway pressure machine or from the hose via the adapter.
Kuzelka discloses comprising an adapter (Note: the examiner considers 216 to be a way of coupling the inlet port of the air quality device to the pressure machine) configured to be connected to the inlet port and
(a) the outlet port of the positive airway pressure machine or
(b) the distal end of the hose 154,
wherein the inlet port (Note: this is considered to be where the gas enters from the gas source as seen in Figure 1) is configured to respectively receive the air flow from the outlet port of the positive airway pressure machine or from the hose via the adapter (Paragraph 0045)
It would have been prima face obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include comprising an adapter configured to be connected to the inlet port and the outlet port of the positive airway pressure machine or the distal end of the hose, wherein the inlet port is configured to respectively receive the air flow from the outlet port of the positive airway pressure machine or from the hose via the adapter as it would allow the form of a gas-tight seal with an outlet port of the medical gas flow device so that the gas flow is able to flow to the device without escaping. (Paragraph 0045)
Regarding claim 17, Modified Application no. 18/194,918 discloses the method as claimed in claim 11.
Modified Application no. 18/194,918 discloses selectively receiving air flow from the face mask into the chamber of the air quality monitoring device via the inlet port 20 while the face mask and the air quality monitoring device are in the container 100. (as claimed in claim 1 / Note: this is considered to be where the gas enters from the gas source as seen in Figure 1 / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the face mask and can be close to capture the air leaving the output of the face mask) (Kuzelka).
Regarding claim 17, Modified Application no. 18/194,918 discloses the method as claimed in claim 13.
Modified Application no. 18/194,918 does not expressly disclose further comprising: transmitting, by the controller, (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine, (b) the net air quality data associated with the air flow through the hose, and (c) the net air quality data associated with the air flow through the face mask to a computing device.
However, Application no. 18/194,918 discloses the printed circuit board is configured to transmit the air quality data to a computing device. (Claim 1)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to further modify Application no. 18/194,918 to include wherein the controller is configured to transmit (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine, (b) the net air quality data associated with the air flow through the hose, and (c) the net air quality data associated with the air flow through the face mask to a computing device as it would allow the air quality if air flow provided by the CPAP machines to be analyzed to ensure that a user of the CPAP machine does not breath in airflow provided by the CPAP machine having mold in it. (Paragraph 0042)
Claims 18 is provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 & 7 - 8 of copending Application No. 18/194,918 (reference application), Jang et al. (KR 100813679 B1) & Hopkinson et la. (US 20200188546 A1). as claimed in claim 11, in further view of Kuzelka et al. (US 20210369995 A1). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Regarding claim 18, Modified Application no. 18/194,918 discloses the method as claimed in claim 11.
Modified Patent 18/194,918 discloses the plurality of sensors. (Claim 1)
Modified Patent 18/194,918 does not disclose at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor.
Kuzelka discloses at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor. (Paragraph 0044)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the plurality of sensors of modified Froehlich to include at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor as it would allow the measurement of different quantity or components within the gas flowing. (Paragraph 0044)
Claims 19 & 20 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 & 7 - 8 of copending Application No. 18/194,918 (reference application), Jang et al. (KR 100813679 B1) & Hopkinson et la. (US 20200188546 A1) as claimed in claim 11, in further view of Kuzelka et al. (US 20210369995 A1) & Froehlich et al. (CA 2163855 A1). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Regarding claim 19, Modified Application no. 18/194,918 discloses the method as claimed in claim 11.
wherein (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine, (b) the net air quality data associated with the air flow through the hose, and/or (c) the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold.
Modified Application no. 18/194,918 discloses wherein (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 11)
Modified Application no. 18/194,918 does not disclose (b) the net air quality data associated with the air flow through the hose
Froehlich discloses the net air quality data associated with the air flow through the hose. (Claim 16)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Application no. 18/194,918 to detect the net air quality data associated with the air flow through the hose as it would allow the air to be passed out to the exterior of the housing to the patient (Claim 16)
Modified Application no. 18/194,918 does not disclose the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold.
Kuzelka discloses the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold. (Paragraph 0100 – 0101)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Application no. 18/194,918 to include the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold as it would allow the measurement of particle size and density of particulates within the gas flow as the smaller particles may reduce the gas quality index to a greater degree than larger particles. This would be able to detect viruses and bacteria based on their sizes and measurements, which would determine the particles that will have greater impact in the gas quality. (Paragraph 0100 – 0101)
Regarding claim 20, Modified Application no. 18/194,918 discloses the method as claimed in claim 19.
Modified Application no. 18/194,918 discloses wherein (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 11), (b) the net air quality data associated with the air flow through the hose (as claimed in claim 19).
Modified Application no. 18/194,918 does not disclose the net air quality data associated with the air flow through the face mask each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor.
Kuzelka discloses the net air quality data associated with the air flow through the face mask each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor. (Paragraph 0089)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Application no. 18/194,918 to include wherein the net air quality data associated with the air flow through the face mask each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor as it would allow the measurement of both mass and size fraction and separate measurements of potential mold/bacteria from larger non-biologic particulates such as dust or lint. (Paragraph 0089)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 – 10 are rejected under 35 U.S.C. 103 as being unpatentable over Froehlich et al. (CA 2163855 A1) in view of Kuzelka et al. (US 20210369995 A1), Jang et al. (KR 100813679 B1) & Hopkinson et la. (US 20200188546 A1)
Regarding claim 1, A continuous positive airway pressure (CPAP) respiratory therapy apparatus 10 that includes a blower 12 connected through a hose 14 and a mask 11. (Abstract)
Froehlich does not disclose an air quality monitoring device, the air quality monitoring device comprising: a housing comprising a chamber and an inlet port, wherein the inlet port is structured to receive an air flow from outside the housing and provide the air flow to the chamber.
Kuzelka discloses an air quality monitoring device 200, the air quality monitoring device 200 comprising:
a housing 16 comprising a chamber 18 and an inlet port 20 (Column 4, Last paragraph), wherein the inlet port 20 is structured to receive an air flow from outside the housing 16 and provide the air flow to the chamber 18 (Column 4, last paragraph – Column 5, first paragraph);
wherein the inlet port 20 is further structured to selectively receive air flow directly from an outlet port of a positive airway pressure machine 20a (Column 4, last paragraph)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Froehlich to include an air quality monitoring device, the air quality monitoring device comprising: a housing comprising a chamber and an inlet port, wherein the inlet port is structured to receive an air flow from outside the housing and provide the air flow to the chamber as it would allow an output of indication of a quality of a medical gas provided to a patient (Paragraph 0003) The gas originated from the has source specifically enters through the inlet coupling and flows through the measurement passage. (Paragraph 0021)
Froehlich does not disclose a plurality of sensors disposed within the chamber and configured to measure air quality data associated with the air flow;
a controller connected with the plurality of sensors;
wherein the inlet port is further structured to selectively receive ambient air flow from a surrounding environment outside the housing such that the plurality of sensors are configured to measure air quality data associated with the ambient air flow;
such that the plurality of sensors are configured to measure air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine; and
wherein the controller is configured for comparing the measured air quality data associated with the ambient air flow with the measured air quality data associated with the air flow from the outlet port of the positive airway pressure machine to determine net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine.
Kuzelka discloses a plurality of sensors 206, 208, 210 & 212 disposed within the chamber 204 and configured to measure air quality data associated with the air flow. (Paragraph 0046)
a controller 214 connected with the plurality of sensors 206, 208, 210 & 212 (Figure 2 / Paragraph 0044);
the plurality of sensors 206, 208, 210 & 212 are configured to measure air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (Paragraph 0040 & 0046); and
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Bussell to include a plurality of sensors disposed within the chamber and configured to measure air quality data associated with the air flow, a controller connected with the plurality of sensors such that the plurality of sensors are configured to measure air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine as it allows the determination of a gas quality index of the medical gas based on the obtained measurements and outputting the determined gas quality index. This way, it may output an indication of a quality of a medical gas provided to a patient. (Paragraph 0003) Including a controller will allow the monitoring of signals received from the plurality of sensor to determine the gas quality index and may determine if the contaminants are present and distinguish a type of contamination present. (Paragraph 0019)
Modified Froehlich discloses the plurality of sensors 206, 208, 210 & 212 are configured to measure air quality data (Kuzelka, Paragraph 0046)
Modified Froehlich does not expressly disclose wherein the inlet port is further structured to selectively receive ambient air flow from a surrounding environment outside the housing such that the plurality of sensors are configured to measure air quality data associated with the ambient air flow.
However, Jang does disclose an outdoor unit 200 including a measuring unit 220 to measure the quality of the outside air. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Froehlich to include where in the inlet port of Kuzelka that can be attached to a gas source can also receive ambient air flow like when the inlet port is not attached to the gas source in order to also allow the unit to determine how harmful substances are contained in the atmosphere. (Page 5, Paragraph 4)
Jang further discloses the control system evaluates the air quality by acquiring the mean value of the air quality data of all the classrooms. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the controller of Kuzelka to compare the measured air quality data associated with the ambient air flow with the measured air quality data associated with the air flow from the outlet port of the positive airway pressure machine to determine net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine because it is known to take multiple samples from different situations and compare them to determine air quality for the system (i.e. school/air quality of the air provided). (Abstract)
Modified Froehlich does not disclose a container for receiving the air quality monitoring device and a face mask, wherein the container is structured to limit ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container.
Hopkinson discloses a container 100, wherein the container 100 is structured to limit ambient air outside of the container 100 from reaching inside the container 100. (Paragraph 0026 & 0052)
Hopkinson does not expressly disclose a container for receiving the air quality monitoring device and a face mask, wherein the container is structured to limit ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include a container for receiving the air quality monitoring device and a face mask, wherein the container is structured to limit ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container as it would allow the device and mask to be put inside the container in order to ensure the device is protected and prevent it from becoming contaminated. (Paragraph 0026 & 0052)
Regarding claim 2, Modified Froehlich discloses the air quality monitoring device as claimed in claim 1.
Modified Froehlich does not disclose the inlet port is further structured to selectively receive air flow from a distal end of a hose connected to the outlet port of the positive airway pressure machine such that the plurality of sensors are configured to measure air quality data associated with the air flow through the hose.
However, Kuzleka discloses the inlet port 216 (Kuzleka) is further structured to selectively receive air flow from a distal end of a hose 14 (Froehlich) connected to the outlet port of the positive airway pressure machine 10 such that the plurality of sensors 206, 208, 210 & 212 (Kuzelka) are configured to measure air quality data associated with the air flow through the hose 14 (Kuzelka, Paragraph 0045 discloses the gas quality monitor can be external to a medical gas flow device and be near the outlet port of the gas flow device / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the hose and can be close to capture the air leaving the output of the gas machine).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include wherein the inlet port is further structured to selectively receive air flow from a distal end of a hose connected to the outlet port of the positive airway pressure machine such that the plurality of sensors are configured to measure air quality data associated with the air flow through the hose as it would allow the measurement of a medical gas determining a gas quality index of the medical gas based on the obtained measurements. (Abstract) Also, Froehlich discloses the hose receives the air directly from the blower, it would be obvious to want to determine the air quality that the blower outputs. (Froehlich, Claim 1)
Modified Froehlich does not disclose wherein the controller is configured for comparing the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine with the measured air quality data associated with the air flow through the hose to determine net air quality data associated with the air flow through the hose.
Jang further discloses the control system evaluates the air quality by acquiring the mean value of the air quality data of all the classrooms. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the controller of Froehlich to wherein the controller is configured for comparing the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine with the measured air quality data associated with the air flow through the hose to determine net air quality data associated with the air flow through the hose because it is known to take multiple samples from different situations and compare them to determine air quality for the system (i.e. school/air quality of the air provided). Also, Froehlich discloses the hose receives the air directly from the blower, it would be obvious to want to determine the air quality that the blower outputs. (Froehlich, Claim 1)
Regarding claim 3, Modified Froehlich discloses the air quality monitoring device as claimed in claim 2.
Modified Froehlich discloses wherein the inlet port (Note: this is considered to be where the gas enters from the gas source as seen in Figure 1) (Kuzelka) is further structured to selectively receive air flow from the face mask connected to the distal end of the hose 14 connected to the outlet port of the positive airway pressure machine such that the plurality of sensors 206, 208, 210 & 212 (Kuzelka) are configured to measure air quality data associated with the air flow through the face mask (Kuzelka, Paragraph 0045 discloses the gas quality monitor can be external to a medical gas flow device and be near the outlet port of the gas flow device / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the face mask and can be close to capture the air leaving the output of the face mask) (as claimed in claim 2 discloses receiving the air from the distal end of the hose that is connected to the face mask)
Modified Froehlich does not disclose wherein the controller is configured for comparing the measured air quality data associated with air flow through the hose with the measured air quality data associated with the air flow through the face mask to determine net air quality data associated with the air flow through the face mask.
Jang further discloses the control system evaluates the air quality by acquiring the mean value of the air quality data of all the classrooms. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the controller of Froehlich wherein the controller is configured for comparing the measured air quality data associated with air flow through the hose with the measured air quality data associated with the air flow through the face mask to determine net air quality data associated with the air flow through the face mask. because it is known to take multiple samples from different situations and compare them to determine air quality for the system (i.e. school/air quality of the air provided). (Abstract) Also, based on the explanation of Froehlich that the mask is connected to the hose and is what provides the patient airflow it would be obvious to want to determine what the air quality being provided to the patient is. (Page 6, Paragraph 2)
Regarding claim 4, Modified Froehlich discloses the air quality monitoring device as claimed in claim 3.
Modified Froehlich discloses wherein the controller 214 (Kuzelka) determines the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine based on a difference between
(a) the measured air quality data associated with the ambient air flow (as claimed in claim 1) and
(b) the measured air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 1);
wherein the controller 214 (Kuzelka) determines the net air quality data associated with the air flow from the hose based on a difference between
(a) the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 1) and
(b) the measured air quality data associated with the air flow through the hose (as claimed in claim 2); and
wherein the controller 214 (Kuzelka) determines (Note: Claims 1 – 3 already establish the configuration of the controller to be able to determine) the net air quality data associated with the air flow from the face mask based on a difference between
(a) the measured air quality data associated with air flow through the hose (as claimed in claim 2) and
(b) the measured air quality data associated with the air flow through the face mask (as claimed in claim 3).
Regarding claim 5, Modified Froehlich discloses the air quality monitoring device as claimed in claim 3.
Modified Froehlich does not disclose comprising an adapter configured to be connected to the inlet port and
(a) the outlet port of the positive airway pressure machine or
(b) the distal end of the hose,
wherein the inlet port is configured to respectively receive the air flow from the outlet port of the positive airway pressure machine or from the hose via the adapter.
Kuzelka discloses comprising an adapter (Note: the examiner considers 216 to be a way of coupling the inlet port of the air quality device to the pressure machine) configured to be connected to the inlet port and
(a) the outlet port of the positive airway pressure machine or
(b) the distal end of the hose 154,
wherein the inlet port (Note: this is considered to be where the gas enters from the gas source as seen in Figure 1) is configured to respectively receive the air flow from the outlet port of the positive airway pressure machine or from the hose via the adapter (Paragraph 0045)
It would have been prima face obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include comprising an adapter configured to be connected to the inlet port and the outlet port of the positive airway pressure machine or the distal end of the hose, wherein the inlet port is configured to respectively receive the air flow from the outlet port of the positive airway pressure machine or from the hose via the adapter as it would allow the form of a gas-tight seal with an outlet port of the medical gas flow device so that the gas flow is able to flow to the device without escaping. (Paragraph 0045)
Regarding claim 6, Modified Froehlich discloses the air quality monitoring device as claimed in claim 1.
Modified Froehlich discloses wherein the inlet port 20 is further structured to selectively receive air flow from the face mask while the face mask and the air quality monitoring device are in the container 100 (as claimed in claim 1 / Note: this is considered to be where the gas enters from the gas source as seen in Figure 1 / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the face mask and can be close to capture the air leaving the output of the face mask) (Kuzelka).
Regarding claim 7, Modified Froehlich discloses the air quality monitoring device as claimed in claim 3.
Modified Froehlich wherein the controller 214 (Kuzelka) is configured to determine (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 1), (b) the net air quality data associated with the air flow through the hose (as claimed in claim 2), and (c) the net air quality data associated with the air flow through the face mask (as claimed in claim 3) (Paragraph 0046).
Modified Froehlich does not disclose transmitting the net air quality data to a computing device.
Kuzelka discloses transmitting the net air quality data to a computing device. (Paragraph 0044 & 0046)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include transmitting the net air quality data to a computing device as it would allow output information to a user and receive inputs from the user. (Paragraph 0051)
Regarding claim 8, Modified Froehlich discloses the air quality monitoring device as claimed in claim 1.
Modified Froehlich discloses the plurality of sensors 206, 208, 210 & 212. (as claimed in claim 1)
Modified Froehlich does not disclose at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor.
Kuzelka discloses at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor. (Paragraph 0044)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the plurality of sensors of modified Froehlich to include at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor as it would allow the measurement of different quantity or components within the gas flowing. (Paragraph 0044)
Regarding claim 9, Modified Froehlich discloses the air quality monitoring device as claimed in claim 1.
Modified Froehlich discloses wherein
(a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (Kuzelka, Paragraph 0045 / as claimed in claim 1),
(b) the net air quality data associated with the air flow through the hose (Kuzelka, Paragraph 0045 / Note: the examiner considers the air flow can come out of the hose of the positive airway pressure machine / as claimed in claim 2).
Modified Froehlich does not disclose the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold
Kuzelka discloses the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold. (Paragraph 0100 – 0101)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold as it would allow the measurement of particle size and density of particulates within the gas flow as the smaller particles may reduce the gas quality index to a greater degree than larger particles. This would be able to detect viruses and bacteria based on their sizes and measurements, which would determine the particles that will have greater impact in the gas quality. (Paragraph 0100 – 0101)
Regarding claim 10, Modified Froehlich discloses the air quality monitoring device as claimed in claim 9.
Modified Froehlich wherein
(a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (Paragraph 0045),
(b) the net air quality data associated with the air flow through the hose (Kuzelka, Paragraph 0045 / Note: the examiner considers the air flow can come out of the hose of the positive airway pressure machine).
Modified Froehlich does not disclose the net air quality data associated with the air flow through the face mask each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor.
Kuzelka discloses the net air quality data associated with the air flow through the face mask each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor. (Paragraph 0089)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include wherein the net air quality data associated with the air flow through the face mask each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor as it would allow the measurement of both mass and size fraction and separate measurements of potential mold/bacteria from larger non-biologic particulates such as dust or lint. (Paragraph 0089)
Claim(s) 11 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Froehlich et al. (CA 2163855 A1) in view of Kuzelka et al. (US 20210369995 A1), Jang et al. (KR 100813679 B1) & Hopkinson et la. (US 20200188546 A1).
Regarding claim 11, A continuous positive airway pressure (CPAP) respiratory therapy apparatus 10 that includes a blower 12 connected through a hose 14 and a mask 11. (Abstract)
(Note: Claims 1 – 3 already establish the configuration of the controller to be able to determine) does not disclose an air quality monitoring device, the air quality monitoring device comprising: a housing comprising a chamber and an inlet port, wherein the inlet port is structured to receive an air flow from outside the housing and provide the air flow to the chamber.
Modified Froehlich does not disclose a method of monitoring air quality, the method comprising:
selectively receive air flow directly from an outlet port of a positive airway pressure machine into the chamber of the air quality monitoring device via the inlet port,
measuring air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine via the plurality of sensors disposed within the chamber of the air quality monitoring device.
Kuzelka discloses selectively receive (Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the hose and can be close to capture the air leaving the output of the gas machine) air flow directly from an outlet port of a positive airway pressure machine into the chamber 204 of the air quality monitoring device via the inlet port (Note: this is considered to be where the gas enters from the gas source as seen in Figure 1) (Paragraph 0045)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Froehlich to include an air quality monitoring device for a method of monitoring the air quality by selectively receiving air flow directly from an outlet port of a positive airway pressure machine into the chamber of the air quality monitoring device via the inlet port as it would allow an output of indication of a quality of a medical gas provided to a patient (Paragraph 0003) The gas originated from the source specifically enters through the inlet coupling and flows through the measurement passage. (Paragraph 0021)
Kuzelka discloses measuring air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine via the plurality of sensors 206, 208, 210 & 212 disposed within the chamber 204 of the air quality monitoring device 200 (Paragraph 0046)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Froehlich to include measuring air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine via the plurality of sensors disposed within the chamber of the air quality monitoring device as it allows the determination of a gas quality index of the medical gas based on the obtained measurements and outputting the determined gas quality index. This way, it may output an indication of a quality of a medical gas provided to a patient. (Paragraph 0003)
Modified Froehlich does not disclose selectively receiving ambient air flow from a surrounding environment outside of an air quality monitoring device into a chamber of the air quality monitoring device via an inlet port;
measuring air quality data associated with the ambient air flow via a plurality of sensors disposed within the chamber of the air quality monitoring device.
However, Jang does disclose an outdoor unit 200 including a measuring unit 220 to measure the quality of the outside air. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Froehlich to include an outdoor unit 200 including a measuring part to measure the quality of the outside air as it would allow to determine how harmful substances are contained in the atmosphere. (Page 5, Paragraph 4)
Modified Froehlich does not disclose wherein the controller is configured for comparing the measured air quality data associated with the ambient air flow with the measured air quality data associated with the air flow from the outlet port of the positive airway pressure machine to determine net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine.
Jang does not expressly discloses wherein the controller is configured for comparing the measured air quality data associated with the ambient air flow with the measured air quality data associated with the air flow from the outlet port of the positive airway pressure machine to determine net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine.
However, it does disclose control system evaluating the air quality by acquiring the mean value of the air quality data of all the classrooms. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Froehlich to include disclose control system evaluating the air quality by acquiring the mean value of the air quality data of all the classrooms in order to be able to gather that data to be taken into consideration to obtain a net or total. (Abstract)
Modified Froehlich does not disclose placing the air quality monitoring device and a face mask into a container, wherein the container is structured to limit the ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container.
Hopkinson discloses a container 100, wherein the container 100 is structured to limit ambient air outside of the container 100 from reaching inside the container 100. (Paragraph 0026 & 0052)
Hopkinson does not expressly disclose placing the air quality monitoring device and a face mask into a container, wherein the container is structured to limit the ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include placing the air quality monitoring device and a face mask into a container, wherein the container is structured to limit the ambient air outside of the container from reaching the air quality monitoring device when the face mask and the air quality monitoring device are in the container as it would allow the device and mask to be put inside the container in order to ensure the device is protected and prevent it from becoming contaminated. (Paragraph 0026 & 0052)
Regarding claim 12, Modified Froehlich discloses the method as claimed in claim 11.
Modified Froehlich discloses further comprising:
selectively receiving air flow from a distal end of a hose connected to the outlet port of the positive airway pressure machine into the chamber of the air quality monitoring device via the inlet port (Paragraph 0045 discloses the gas quality monitor can be external to a medical gas flow device and be near the outlet port of the gas flow device / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the hose and can be close to capture the air leaving the output of the gas machine); and;
measuring air quality data associated with the air flow through the hose via the plurality of sensors 206, 208, 210 & 212 disposed within the chamber of the air quality monitoring device 200 (Paragraph 0045); and
Modified Froehlich comparing, by the controller 214, the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine with the measured air quality data associated with the air flow through the hose to determine net air quality data associated with the air flow through the hose.
Jang further discloses the control system evaluates the air quality by acquiring the mean value of the air quality data of all the classrooms. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the controller of Froehlich to compare, by the controller, the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine with the measured air quality data associated with the air flow through the hose to determine net air quality data associated with the air flow through the hose because it is known to take multiple samples from different situations and compare them to determine air quality for the system (i.e. school/air quality of the air provided). (Abstract)
Regarding claim 13, Modified Froehlich discloses the method as claimed in claim 12.
Modified Froehlich wherein the inlet port (Kuzelka) is further structured to selectively receive air flow from the face mask connected to the distal end of the hose 14 connected to the outlet port of the positive airway pressure machine such that the plurality of sensors 206, 208, 210 & 212 (Kuzelka) are configured to measure air quality data associated with the air flow through the face mask (Kuzelka, Paragraph 0045 discloses the gas quality monitor can be external to a medical gas flow device and be near the outlet port of the gas flow device / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the hose and can be close to capture the air leaving the output of the gas machine). (as claimed in claim 12 discloses receiving the air from the distal end of the hose that is connected to the face mask)
Modified Froehlich does not disclose wherein the controller is configured for comparing the measured air quality data associated with air flow through the hose with the measured air quality data associated with the air flow through the face mask to determine net air quality data associated with the air flow through the face mask.
Jang further discloses the control system evaluates the air quality by acquiring the mean value of the air quality data of all the classrooms. (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the controller of Froehlich wherein the controller is configured for comparing the measured air quality data associated with air flow through the hose with the measured air quality data associated with the air flow through the face mask to determine net air quality data associated with the air flow through the face mask because it is known to take multiple samples from different situations and compare them to determine air quality for the system (i.e. school/air quality of the air provided). (Abstract)
Regarding claim 14, Modified Froehlich discloses the method as claimed in claim 13.
Modified Froehlich discloses wherein the controller 214 (Kuzelka) determines the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine based on a difference between
(a) the measured air quality data associated with the ambient air flow (as claimed in claim 11) and
(b) the measured air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 11);
wherein the controller 214 (Kuzelka) determines the net air quality data associated with the air flow from the hose based on a difference between
(a) the measured air quality data associated with air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 11) and
(b) the measured air quality data associated with the air flow through the hose (as claimed in claim 12); and
wherein the controller 214 (Kuzelka) determines (Note: Claims 11 – 13 already establish the configuration of the controller to be able to determine) the net air quality data associated with the air flow from the face mask based on a difference between
(a) the measured air quality data associated with air flow through the hose (as claimed in claim 12) and
(b) the measured air quality data associated with the air flow through the face mask (as claimed in claim 13).
Regarding claim 15, Modified Froehlich discloses the method as claimed in claim 13.
Modified Froehlich does not disclose further comprising an adapter configured to be connected to the inlet port and
(a) the outlet port of the positive airway pressure machine or
(b) the distal end of the hose ,
wherein the inlet port is configured to respectively receive the air flow from the outlet port of the positive airway pressure machine or from the hose via the adapter
Kuzelka discloses comprising an adapter (Note: the examiner considers 216 to be a way of coupling the inlet port of the air quality device to the pressure machine) configured to be connected to the inlet port and
(a) the outlet port of the positive airway pressure machine or
(b) the distal end of the hose 14,
wherein the inlet port (Note: this is considered to be where the gas enters from the gas source as seen in Figure 1) is configured to respectively receive the air flow from the outlet port of the positive airway pressure machine or from the hose via the adapter (Paragraph 0045)
It would have been prima face obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include comprising an adapter configured to be connected to the inlet port and the outlet port of the positive airway pressure machine or the distal end of the hose, wherein the inlet port is configured to respectively receive the air flow from the outlet port of the positive airway pressure machine or from the hose via the adapter as it would allow the form of a gas-tight seal with an outlet port of the medical gas flow device so that the gas flow is able to flow to the device without escaping. (Paragraph 0045)
Regarding claim 16, Modified Froehlich discloses the method as claimed in claim 11.
Modified Froehlich discloses selectively receiving air flow from the face mask into the chamber of the air quality monitoring device via the inlet port 20 while the face mask and the air quality monitoring device are in the container 100. (as claimed in claim 1 / Note: this is considered to be where the gas enters from the gas source as seen in Figure 1 / Note: the examiner considers the term “selectively receive” does not explicitly mean to be fastened to the face mask and can be close to capture the air leaving the output of the face mask) (Kuzelka).
Regarding claim 17, Modified Froehlich discloses the method as claimed in claim 13.
Modified Froehlich discloses wherein the controller 214 (Kuzelka) is configured to transmit (a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (as claimed in claim 11), (b) the net air quality data associated with the air flow through the hose (as claimed in claim 12), and (c) the net air quality data associated with the air flow through the face mask (as claimed in claim 13) to a computing device (Paragraph 0046).
Modified Froehlich does not disclose transmitting the net air quality data to a computing device.
Kuzelka discloses transmitting the net air quality data to a computing device. (Paragraph 0046)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include transmitting the net air quality data to a computing device as it would allow output information to a user and receive inputs from the user. (Paragraph 0051)
Regarding claim 18, Modified Froehlich discloses the method as claimed in claim 11.
Modified Froehlich discloses the plurality of sensors 206, 208, 210 & 212. (as claimed in claim 11)
Modified Froehlich does not disclose at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor.
Kuzelka discloses at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor. (Paragraph 0044)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the plurality of sensors of modified Froehlich to include at least one of a particulate matter sensor, a volatile organic compound sensor, a temperature sensor, or a humidity sensor as it would allow the measurement of different quantity or components within the gas flowing. (Paragraph 0044)
Regarding claim 19, Modified Froehlich discloses the method as claimed in claim 11.
Modified Froehlich discloses wherein
(a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (Kuzelka, Paragraph 0045 / as claimed in claim 11),
(b) the net air quality data associated with the air flow through the hose (Kuzelka, Paragraph 0045 / Note: the examiner considers the air flow can come out of the hose of the positive airway pressure machine / as claimed in claim 12).
Modified Froehlich does not disclose the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold
Kuzelka discloses the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold. (Paragraph 0100 – 0101)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include the net air quality data associated with the air flow through the face mask each comprise one or more of presence and/or size of particulate matter, presence of one or more volatile organic compounds, or presence of mold as it would allow the measurement of particle size and density of particulates within the gas flow as the smaller particles may reduce the gas quality index to a greater degree than larger particles. This would be able to detect viruses and bacteria based on their sizes and measurements, which would determine the particles that will have greater impact in the gas quality. (Paragraph 0100 – 0101)
Regarding claim 20, Modified Froehlich discloses the method as claimed in claim 19.
Modified Froehlich wherein
(a) the net air quality data associated with the air flow directly from the outlet port of the positive airway pressure machine (Paragraph 0045),
(b) the net air quality data associated with the air flow through the hose (Kuzelka, Paragraph 0045 / Note: the examiner considers the air flow can come out of the hose of the positive airway pressure machine).
Modified Froehlich does not disclose the net air quality data associated with the air flow through the face mask each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor.
Kuzelka discloses the net air quality data associated with the air flow through the face mask each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor. (Paragraph 0089)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Froehlich to include wherein the net air quality data associated with the air flow through the face mask each indicate a presence of mold in the respective air flow based on a size of one or more particles in the respective air flow through the chamber determined by the particulate matter sensor as it would allow the measurement of both mass and size fraction and separate measurements of potential mold/bacteria from larger non-biologic particulates such as dust or lint. (Paragraph 0089)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST.
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/GRACIELA NATALIA LEBRON DE JESUS/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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