DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 21 and 25-36 are rejected under 35 U.S.C. 103 as being unpatentable over Kenyon et al (US 2014/0158131), hereinafter Kenyon in view of Cariola et al (US 2017/0249019), hereinafter Cariola.
Regarding claim 21, Kenyon teaches an apparatus for providing air at positive pressure for respiratory therapy to a patient (Fig. 42, paragraph 2, the technology relates to a blower which may be used in a positive airway pressure device for delivery of respiratory therapy to a patient), the apparatus comprising:
a pneumatic block (paragraph 235, pneumatic block configured to house and protect the blower, form an air path, assist in attenuating noise) comprising:
a blower sub-assembly including a blower configured to produce a flow of air at a therapeutic pressure (Fig. 42: Blower 10, a blower for generating pressure for use in delivering respiratory therapy), and
a chassis assembly forming a pneumatic block cavity configured to locate and support the blower sub-assembly (paragraph 255, casing 5 includes a base 5(1) and a cover 5(2), Fig. 42), the chassis including a chassis inlet (Fig. 42: inlet at inlet chimney 101)and a chassis outlet (Fig. 42: outlet 7),
wherein the pneumatic block forms an air flow path extending from the chassis inlet to a blower inlet of the blower (Paragraph 249-250, flow from inlet chimneys into chamber 6(1), to flow chamber 6(2) through conduits 105 into blower chamber 6(3) and into blower inlet 21)and from a blower outlet of the blower to the chassis outlet, (Fig. 42: blower outlet 26 flows to casing outlet 7)
wherein the pneumatic block forms a chamber arrangement including a plurality of chambers along the air flow path, (fig. 42: chambers 6(1), 6(2), 6(3), paragraph 238, 3 expansion chambers)
wherein the blower sub-assembly includes a support structure configured to support the blower within the chassis assembly,(fig. 43: support assembly 90, 95 with engagement portions 93, 97, paragraph 216, adapted to engage the casing of a PAP device to isolate vibrations and provide shock resistance)
wherein the plurality of chambers of the chamber arrangement includes three inlet muffler chambers (Fig. 42: inlet muffler chambers 6(1), 6(2), 6(3) and an outlet chamber along the air flow path, (at end of blower outlet 26) and
wherein the support structure is configured and arranged to sealingly separate the air flow path. (The support arrangement seals and separates the blower from the inlet side. paragraph 225, seals and separates the low pressure and high pressure side, seals inlet chambers from outlet chambers.)
wherein the plurality of chambers of the chamber arrangement extend in more than one plane. (See annotated Fig. 42 below)
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Kenyon does not teach wherein the support structure is configured and arranged to sealingly separate the air flow path into the plurality of chambers of the chamber arrangement.
However, Cariola teaches a respiratory therapy device (Abstract, Fig. 4C) wherein the support structure is configured and arranged to sealingly separate the air flow path into the plurality of chambers of the chamber arrangement, (Paragraph 150, blower suspension 8054, and 8064 supports the blower and separates and seals air flow through the first chamber to the blower chamber)
It would have been obvious to a person of ordinary skill int the art prior to the filing date of the invention to have modified the support of Kenyon so that it sealingly separates the air flow path between the chambers to prevent leaks between the chambers and ensure the flow is directed through the flow tubes.
Regarding claim 25, Kenyon in view of Cariola teaches the apparatus according to claim 21, and Kenyon further teaches wherein the three inlet muffler chambers are positioned upstream of the blower inlet of the blower, and the outlet chamber is positioned downstream of the blower outlet of the blower. (See Fig. 42, paragraphs 149-150, air flows into inlet chamber 6(1) via chimney through 102 to second chamber 6(2) and through 105 into chamber 6(3) and into the blower, then to blower exit)
Regarding claim 26, Kenyon teaches an apparatus according to claim 21, wherein a first of the three inlet muffler chambers receives air from the chassis inlet (paragraph 149), and wherein the blower is provided in a second of the three inlet muffler chambers (Fig. 42, provided in chamber 6(3) and receives air at the blower inlet of the blower from a third of the three inlet muffler chambers. (Fig. 42: receives air from chamber 6(2) at inlet end 21 of blower in chamber 6(3).)
Regarding claim 27, Kenyon in view of Cariola teaches an apparatus according to claim 21, and Cariola further teaches wherein the support structure includes a flow tube array including a plurality of flow tubes that allow air to pass from one chamber to an adjacent chamber. (fig. 4G, flow tubes 8052 on suspension member 8050 and flow tubes 8065 on suspension member 8060)
Regarding claim 28, Kenyon in view of Cariola teaches the apparatus according to claim 21, and Kenyon further teaches wherein the support structure includes a blower suspension to support the blower and isolate vibrations. (Paragraph 216)
Regarding claim 29, Kenyon in view of Cariola teaches an apparatus according to claim 21, and Kenyon further teaches wherein the blower is configured for CPAP or APAP therapy. (Paragraph 2, CPAP therapy)
Regarding claim 30, Kenyon in view of Cariola teaches the apparatus according to claim 21, and Kenyon further teaches wherein the chassis assembly includes a reservoir dock structured and arranged to receive a water reservoir. (paragraph 235, the pneumatic block chassis assembly may provide an interface for a humidifier, Fig. 163, humidifier 4107)
Regarding claim 31, Kenyon teaches an apparatus according to claim 21, further comprising a printed circuit board assembly (paragraph 258) but does not explicitly state supported by the pneumatic block outside the air flow path.
However, Cariola teaches that the PCBA is provided outside the air flow path. (paragraphs 181, 184)
It would have been obvious to a person of ordinary skill in the art to have provided Kenyon with the PCBA location outside of the air flow path in order to keep electronic components away from moisture or particles in the air flow.
Regarding claim 32, Kenyon in view of Cariola teaches the apparatus according to claim 31, and Kenyon further teaches wherein the chassis assembly includes one or more ports that allow one or more sensors provided to the printed circuit board assembly to communicate with the air flow path. (paragraph 229, ports are provided for a flow sensor on a PCBA)
Regarding claim 33, Kenyon in view of Cariola teaches the apparatus according to claim 21, and Kenyon further teaches further comprising acoustic foam provided within one or more of the plurality of chambers of the chamber arrangement. (Paragraph 249, acoustic foam may optionally be provided in one or more chambers to reduce noise)
Regarding claim 34, Kenyon in view of Cariola teaches the apparatus according to claim 21, and Kenyon further teaches wherein the chassis assembly includes a top chassis (Fig. 41: cover 5(2)) and a bottom chassis forming the pneumatic block cavity configured to receive the blower sub-assembly. (Fig. 41: 5(1))
Regarding claim 35, Kenyon in view of Cariola teaches the apparatus according to claim 34, but Kenyon does not teach wherein each of the top chassis and the bottom chassis includes an elastomeric overmold along an interior surface thereof to provide a seal for the pneumatic block cavity.
However, Cariola teaches wherein each of the top chassis and the bottom chassis includes an elastomeric overmold along an interior surface thereof to provide a seal for the pneumatic block cavity. (Paragraph 157, overmold 8012B provided to the top housing and may be provided to the interior of the housing, may comprise a highly damped material. Paragraph 160, the bottom housing may have an overmold on the interior of the housing)
It would have been obvious to a person of ordinary skill in the art prior to the filing date of the invention to have modified Kenyon to have an elastomeric overmold as taught by Cariola to improve shock resistance and provide damping properties. (paragraph 160)
Regarding claim 36, Kenyon teaches the apparatus according to claim 21, but does not teach wherein a direction of air flow at the chassis inlet extends transverse a direction of air flow at the chassis outlet.
Cariola teaches that a direction of air flow at the chassis inlet extends traverse a direction of air flow at the chassis outlet. (paragraph 151, an inlet 8018 into the housing and an inlet to the blower at 8032 and outlet at 8020)
It would have been obvious to a person of ordinary skill in the art prior to the filing date of the invention to have modified Kenyon so that the direction of air flow at the inlet is transverse a direction of air flow at the chassis outlet as taught by Cariola to allow a compact design for the device. (paragraph 151)
Allowable Subject Matter
Claims 22-24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 22, the prior art does not teach or render obvious an apparatus according to claim 21 also including the structure wherein one of the three inlet muffler chambers extends in a first plane, and a remaining two of the three muffler chambers and the outlet chamber extend in a second plane that is vertically spaced from the first plane.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET M LUARCA whose telephone number is (303)297-4312. The examiner can normally be reached 6:30 am - 3:30 pm MT.
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/MARGARET M LUARCA/Primary Examiner, Art Unit 3785
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