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 Amendment
The response filed on December 19, 2025 is acknowledged. One page specification was received on December 19, 2025. The specification is acceptable to correct the obvious scrivener’s errors in the original disclosure.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "1 (humidifying water tank. Fig. 1)" and "1000 (ventilation therapy equipment. Fig. 5" have both been used to designate a same device. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “heating component” in claims 1, 9 and 18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The disclosure, as originally filed, does not disclose that the invention is a humidifying water tank (1) of a ventilation therapy equipment (1000). As elaborated in the Drawing objection section above, the reference characters "1 (humidifying water tank. Fig. 1)" and "1000 (ventilation therapy equipment. Fig. 5" have both been used to designate a same device. It is unclear what is the difference between a “humidifying water tank” versus a “ventilation therapy equipment?” If the two devices are the same device, then why is the claims implied that they are different devices by reciting “a humidifying water tank of a ventilation therapy equipment?” If they are different devices, then why Figs. 1 and 5, with reference characters "1" and "1000” pointing to a same device. Clarification is respectfully requested. For the purpose of examination, the two limitations are being interpreted a one device.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "… to rotate form a wind force, and…" in line 10. It appears to be idiomatically and/or grammatically incorrect.
Claim 9 recites the limitation "the heating component" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the wind force" in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "A humidifying water tank a ventilation therapy equipment" in line 1. It appears to be idiomatically and/or grammatically incorrect.
The above are just examples of inconsistencies and problematic issues noted by the Examiner. Applicant is advised to carefully review and amend the application to correct other deficiencies. For the purpose of examination, the claims will be examined as best understood by the Examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 7, 9, 10, 15, 18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by リ ピン チェン Chen (JP3219311U. Chen hereinafter. See attached English translation by Google Patents).
With respect to claim 1, Chen discloses a humidifying water tank of a ventilation therapy equipment (Device shown in Figs. 1-5), comprising: a shell (12), one (lower) end of the shell provided with an opening (covered by 4), and the other (upper) end of the shell provided with an air outlet (at 22), and an air inlet (at 13); a base plate (4 and 38), covering the opening and enclosing a receiving cavity (defined by 12, 4 and cavity left side of 33. Fig. 1) together with the shell, the receiving cavity being in communication with the air outlet and the air inlet respectively; the receiving cavity being configured to (capable of) receive liquid (in 31 and 36), the base plate being heated by an external heating component (38) to enable the liquid being heated to form vapor, a fan blade (23 and 35), being accommodated in the receiving cavity and rotatably mounted on the shell; wherein when airflow enters the receiving cavity from the air inlet, the airflow can (capable of) push the fan blade to rotate (about the center or core of 23 and 35) form a wind force (same configuration as the Applicant’s invention), and the airflow and vapor are accelerated and mixed under the rotation of the fan blade to form a mixed gas in the receiving cavity (at least in the cavity left side of 33. Fig. 1); the mixed gas can (capable of) flow out from the air outlet under an action of the wind force generated by the fan blade.
With respect to claim 2, Chen discloses wherein the shell further comprises an air inlet pipe (passage with arrows in Fig. 1 partially defined 12 and 33), and an air inlet flow guide vane (defined by 32), the air inlet is arranged at the air inlet pipe, the air inlet flow guide vane is connected to an (upper) end, close to the receiving cavity, of the air inlet pipe, an air inlet port (at 35) is formed between the air inlet flow guide vane and the air inlet pipe, and the air inlet port is in communication with the air inlet and the receiving cavity, the fan blade includes a plurality of blades (Fig. 1), each blade includes a blade surface, and the air inlet port faces toward the blade surface.
With respect to claim 7, Chen discloses wherein the humidifying water tank further comprises a sealing ring (outer rim of 4), the sealing ring is clamped between the end, provided with the opening, of the shell and the base plate, the base plate is made of a metal (aluminum tube. Page 2, sixteen paragraph).
With respect to claim 9, Chen discloses a ventilation therapy equipment (Figs. 1-5), comprising: a housing (12 and 4), and a humidifying water tank (31 and 36) being accommodated in the housing, the humidifying water tank comprising: a shell (12), one (lower) end of the shell provided with an opening (covered by 4), and the other (upper) end of the shell provided with an air outlet (at 22), and an air inlet (at 13); a base plate (4), covering the opening and enclosing a receiving cavity (defined by 12, 4 and cavity left side of 33. Fig. 1) together with the shell, the receiving cavity being in communication with the air outlet and the air inlet respectively; the receiving cavity being configured to (capable of) receive liquid (in 31 and 36), the base plate being heated by the heating component (38) to enable the liquid being heated to form vapor, a fan blade (23 and 35), being accommodated in the receiving cavity and rotatably mounted on the shell; when airflow enters the receiving cavity from the air inlet, the airflow can (capable of) push the fan blade to rotate (about the center or core of 23 and 35) to form the wind force, and the airflow and vapor are accelerated and mixed under the rotation of the fan blade to form a mixed gas in the receiving cavity (at least in the cavity left side of 33. Fig. 1); the mixed gas can (capable of) flow out from the air outlet under an action of the wind force generated by the fan blade.
With respect to claim 10, Chen discloses wherein the shell further comprises an air inlet pipe (passage with arrows in Fig. 1 partially defined 12 and 33), and an air inlet flow guide vane (defined by 32), the air inlet is arranged at the air inlet pipe, the air inlet flow guide vane is connected to an (upper) end, close to the receiving cavity, of the air inlet pipe, an air inlet port (at 35) is formed between the air inlet flow guide vane and the air inlet pipe, and the air inlet port is in communication with the air inlet and the receiving cavity, the fan blade includes a plurality of blades (Fig. 1), each blade includes a blade surface, and the air inlet port faces toward the blade surface.
With respect to claim 15, Chen discloses wherein the humidifying water tank further comprises a sealing ring (outer rim of 4), the sealing ring is clamped between the end, provided with the opening, of the shell and the base plate, the base plate is made of a metal (aluminum tube. Page 2, sixteen paragraph).
With respect to claim 18, Chen discloses a humidifying water tank a ventilation therapy equipment (Device shown in Figs. 1-5), comprising: a shell (12), the shell provided with an opening (covered by 4), an air outlet (at 22), and an air inlet (at 13); a base plate (4 and 38), covering the opening and enclosing a receiving cavity (defined by 12, 4 and cavity left side of 33. Fig. 1) together with the shell, the receiving cavity being in communication with the air outlet and the air inlet respectively; the receiving cavity being configured to (capable of) receive liquid (in 31 and 36), the base plate being heated by an external heating component (38) to enable the liquid being heated to form vapor; and a fan blade (23 and 35), being accommodated and rotated in the receiving cavity, airflow being capable of entering the receiving cavity from the air inlet; during the rotation of the fan blade, the airflow being mixed with the vapor to form mixed gas in the receiving cavity (at least in the cavity left side of 33. Fig. 1), and the mixed gas being capable of flowing out from the air outlet.
With respect to claim 19, Chen discloses wherein the shell further comprises an air inlet pipe (passage with arrows in Fig. 1 partially defined 12 and 33), and an air inlet flow guide vane (defined by 32), the air inlet is arranged at the air inlet pipe, the air inlet flow guide vane is connected to an (upper) end, close to the receiving cavity, of the air inlet pipe, an air inlet port (at 35) is formed between the air inlet flow guide vane and the air inlet pipe, and the air inlet port is in communication with the air inlet and the receiving cavity, the fan blade includes a plurality of blades (Fig. 1), each blade includes a blade surface, and the air inlet port faces toward the blade surface.
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(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levine (US5943473) in view of リ ピン チェン Chen (JP3219311U. Chen hereinafter).
With respect to claim 1, Levine discloses a humidifying water tank of a ventilation therapy equipment (Device shown in Figs. 1-5), comprising: a shell (14), one (lower) end of the shell provided with an opening (defined by 72), and the other (upper) end of the shell provided with an air outlet (22), and an air inlet (24); a base plate (48), covering the opening and enclosing a receiving cavity (18 and 20 defined by 14 and 48) together with the shell, the receiving cavity being in communication with the air outlet and the air inlet respectively; the receiving cavity being configured to (capable of) receive liquid (via 26), the base plate being heated by an external heating component (50 and 12) to enable the liquid being heated to form vapor.
Levine fails to disclose a fan blade, being accommodated in the receiving cavity and rotatably mounted on the shell; wherein when airflow enters the receiving cavity from the air inlet, the airflow can push the fan blade to rotate form a wind force, and the airflow and vapor are accelerated and mixed under the rotation of the fan blade to form a mixed gas in the receiving cavity; the mixed gas can flow out from the air outlet under an action of the wind force generated by the fan blade.
However, Chen teaches a humidifying water tank (Figs. 1-5), comprising: a shell (12), one (lower) end of the shell provided with an opening (covered by 4), and the other (upper) end of the shell provided with an air outlet (at 22), and an air inlet (at 13); a base plate (4), covering the opening and enclosing a receiving cavity (defined by 12, 4 and cavity left side of 33. Fig. 1) together with the shell, the receiving cavity being in communication with the air outlet and the air inlet respectively; the receiving cavity being configured to (capable of) receive liquid (in 31 and 36), the base plate being heated by an external heating component (38) to enable the liquid being heated to form vapor, a fan blade (23 and 35), being accommodated in the receiving cavity and rotatably mounted on the shell; wherein when airflow enters the receiving cavity from the air inlet, the airflow can (capable of) push the fan blade to rotate (about the center or core of 23 and 35) form a wind force (same configuration as the Applicant’s invention), and the airflow and vapor are accelerated and mixed under the rotation of the fan blade to form a mixed gas in the receiving cavity (at least in the cavity left side of 33. Fig. 1); the mixed gas can (capable of) flow out from the air outlet under an action of the wind force generated by the fan blade.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of adding a fan blade, as taught by Chen, to Levine’s humidifying water tank’s air outlet, in order to provide a dual-functions (blowing and humidification) device (Abstract).
With respect to claim 2, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the shell further comprises an air inlet pipe (23 and 102), and an air inlet flow guide vane (lower end 106 and lugs 108), the air inlet is arranged at the air inlet pipe, the air inlet flow guide vane is connected to an (upper) end, close to the receiving cavity (chamber 18), of the air inlet pipe, an air inlet port (at 106) is formed between the air inlet flow guide vane and the air inlet pipe, and the air inlet port is in communication with the air inlet and the receiving cavity. Chen teaches the fan blade includes a plurality of blades (Fig. 1 of Chen), each blade includes a blade surface, and the air inlet port faces toward the blade surface (Chen’s fan is added at the air outlet 24 of Levine’s humidifying water tank).
With respect to claim 3, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the shell further defines a water injection port (26. Fig. 2), the shell further comprises a fixed column (34), the fixed column extends from the (outer) periphery of the water injection port towards the receiving cavity, the fixed column is provided with a limiting hole (defined by 34), the limiting hole is in communication with the water injection port and the receiving cavity, the liquid may be injected into the receiving cavity from the water injection port, the humidifying water tank further comprises a buoy (38), accommodated in the receiving cavity, one (upper) end of the buoy extends into the limiting hole, and a top of the buoy is opposite (in direction) to the water injection port, the buoy moves along the fixed column towards or away from the water injection port under the action of liquid.
With respect to claim 4, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the buoy comprises a main body (of 38), a protrusion (42), and columns (40), the protrusion and the columns are arranged on two (upper and lower) sides of the main body separately, the protrusion protrudes from one side of the main body away from the main body, the protrusion extends into the limiting hole, an end, away from the main body, of the protrusion is provided with a sealing element (46), the buoy moves away from the water injection port until the columns abut against the base plate, when the protrusion abuts against the shell, the sealing element blocks the water injection port.
With respect to claim 5, Levine’s humidifying water tank modified by Chen’s fan blade, Chen further teaches wherein the fan blade further comprises a fixing portion (outer rings of 23 and 35), the fixing portion is provided with a fixing hole (defined by the outer rings of 23 and 35), and the fan blade is sheathed on the fixed column through the fixing hole, a gap (between the outer rings and the fan blades) is provided between the fixing portion and the fixed column, the blades are arranged at intervals on a side, away from the fixed column. Levine further discloses the humidifying water tank further includes arranged on a (lower) side, away from the water injection port, and fixed with the fixed column (Fig. 2).
With respect to claim 6, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the shell further comprises air outlet pipe (of 24) and an air outlet flow guide vane (defined by the inner wall of 24), the air outlet is arranged at the air outlet pipe, the air outlet flow guide vane (lugs 108) is connected to an (upper) end, close to the receiving cavity, an air vent (lower opening of 24) is formed between the air outlet flow guide vane and the air outlet pipe, the air vent is in communication with the air outlet and the receiving cavity, the air vent face (upward) toward the blade surface (Chen’s fan is added at the air outlet 24 of Levine’s humidifying water tank).
Levine and Chen fail to disclose the air inlet and the air outlet are symmetrically arranged on two sides of the water injection port.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to design the air inlet and the air outlet are symmetrically arranged on two sides of the water injection port in order to provide the necessary inlets and outlet. It has been held that rearranging parts (relocating inlets and outlet) of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
With respect to claim 7, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the humidifying water tank further comprises a sealing ring (60), the sealing ring is clamped between the end, provided with the opening, of the shell and the base plate, the base plate is made of a metal (conductive material such as metal).
With respect to claim 8, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the shell further includes a first limiting edge (72), and the first limiting edge is arranged at the end, provided with the opening, of the shell, the base plate includes a body (of 48) and a second limiting edge (60), the limiting edge extends from an (upper) edge of the body towards the air inlet, and is bent and extended towards the center of the body, a limiting groove (above market 52” in Fig. 2) is formed between the second limiting edge and the body, the first limiting edge is accommodated in the limiting groove, the sealing ring is clamped between the first limiting edge and the body.
With respect to claim 9, Levine discloses a ventilation therapy equipment (Figs. 1-5), comprising: a housing (14 and 48), and a humidifying water tank being accommodated in the housing, the humidifying water tank comprising: a shell (14), one (lower) end of the shell provided with an opening (defined by 72), and the other (upper) end of the shell provided with an air outlet (22), and an air inlet (24); a base plate (48), covering the opening and enclosing a receiving cavity (18 and 20 defined by 14 and 48) together with the shell, the receiving cavity being in communication with the air outlet and the air inlet respectively; the receiving cavity being configured to (capable of) receive liquid (via 26), the base plate being heated by the heating component (50 and 12) to enable the liquid being heated to form vapor.
Levine fails to disclose a fan blade, being accommodated in the receiving cavity and rotatably mounted on the shell; when airflow enters the receiving cavity from the air inlet, the airflow can push the fan blade to rotate to form the wind force, and the airflow and vapor are accelerated and mixed under the rotation of the fan blade to form a mixed gas in the receiving cavity; the mixed gas can flow out from the air outlet under an action of the wind force generated by the fan blade.
However, Chen teaches a humidifying water tank of a ventilation therapy equipment (Device shown in Figs. 1-5), comprising: a shell (12), one (lower) end of the shell provided with an opening (covered by 4), and the other (upper) end of the shell provided with an air outlet (at 22), and an air inlet (at 13); a base plate (4), covering the opening and enclosing a receiving cavity (defined by 12, 4 and cavity left side of 33. Fig. 1) together with the shell, the receiving cavity being in communication with the air outlet and the air inlet respectively; the receiving cavity being configured to (capable of) receive liquid (in 31 and 36), the base plate being heated by an external heating component (38) to enable the liquid being heated to form vapor, a fan blade (23 and 35), being accommodated in the receiving cavity and rotatably mounted on the shell; wherein when airflow enters the receiving cavity from the air inlet, the airflow can (capable of) push the fan blade to rotate (about the center or core of 23 and 35) form a wind force (same configuration as the Applicant’s invention), and the airflow and vapor are accelerated and mixed under the rotation of the fan blade to form a mixed gas in the receiving cavity (at least in the cavity left side of 33. Fig. 1); the mixed gas can (capable of) flow out from the air outlet under an action of the wind force generated by the fan blade.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of adding a fan blade, as taught by Chen, to Levine’s humidifying water tank’s air outlet, in order to provide a dual-functions (blowing and humidification) device (Abstract).
With respect to claim 10, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the shell further comprises an air inlet pipe (23 and 102), and an air inlet flow guide vane (lower end 106 and lugs 108), the air inlet is arranged at the air inlet pipe, the air inlet flow guide vane is connected to an (upper) end, close to the receiving cavity (chamber 18), of the air inlet pipe, an air inlet port (at 106) is formed between the air inlet flow guide vane and the air inlet pipe, and the air inlet port is in communication with the air inlet and the receiving cavity. Chen teaches the fan blade includes a plurality of blades (Fig. 1 of Chen), each blade includes a blade surface, and the air inlet port faces toward the blade surface (Chen’s fan is added at the air outlet 24 of Levine’s humidifying water tank).
With respect to claim 11, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the shell further defines a water injection port (26. Fig. 2), the shell further comprises a fixed column (34), the fixed column extends from a (outer) periphery of the water injection port towards the receiving cavity, the fixed column is provided with a limiting hole (defined by 34), the limiting hole is in communication with the water injection port and the receiving cavity, the liquid may be injected into the receiving cavity from the water injection port, the humidifying water tank further comprises a buoy (38), accommodated in the receiving cavity, one (upper) end of the buoy extends into the limiting hole, and a top of the buoy is opposite (in direction) to the water injection port, the buoy moves along the fixed column towards or away from the water injection port under the action of liquid.
With respect to claim 12, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the buoy comprises a main body (of 38), a protrusion (42), and columns (40), the protrusion and the columns are arranged on two (upper and lower) sides of the main body separately, the protrusion protrudes from one side of the main body away from the main body, the protrusion extends into the limiting hole, an end, away from the main body, of the protrusion is provided with a sealing element (46), the buoy moves away from the water injection port until the columns abut against the base plate, when the protrusion abuts against the shell, the sealing element blocks the water injection port.
With respect to claim 13, Levine’s humidifying water tank modified by Chen’s fan blade, Chen further teaches wherein the fan blade further comprises a fixing portion (outer rings of 23 and 35), the fixing portion is provided with a fixing hole (defined by the outer rings of 23 and 35), and the fan blade is sheathed on the fixed column through the fixing hole, a gap (between the outer rings and the fan blades) is provided between the fixing portion and the fixed column, the blades are arranged at intervals on a side, away from the fixed column. Levine further discloses the humidifying water tank further includes arranged on a (lower) side, away from the water injection port, and fixed with the fixed column (Fig. 2).
With respect to claim 14, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the shell further comprises an air outlet pipe (of 24) and air outlet flow guide vane (defined by the inner wall of 24), the air outlet is arranged at the air outlet pipe, the air outlet flow guide vane (lugs 108) is connected to an (upper) end, close to the receiving cavity, an air vent (lower opening of 24) is formed between the air outlet flow guide vane and the air outlet pipe, the air vent is in communication with the air outlet and the receiving cavity, the air vent face (upward) toward the blade surface (Chen’s fan is added at the air outlet 24 of Levine’s humidifying water tank).
Levine and Chen fail to disclose the air inlet and the air outlet are symmetrically arranged on two sides of the water injection port.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to design the air inlet and the air outlet are symmetrically arranged on two sides of the water injection port in order to provide the necessary inlets and outlet. It has been held that rearranging parts (relocating inlets and outlet) of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
With respect to claim 15, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the humidifying water tank further comprises a sealing ring (60), the sealing ring is clamped between the end, provided with the opening, of the shell and the base plate, the base plate is made of a metal (conductive material such as metal).
With respect to claim 16, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the shell further includes a limiting edge (72), and the limiting edge is arranged at the end, provided with the opening, of the shell, the base plate includes a body (of 48) and a limiting edge (60), the limiting edge extends from an (upper) edge of the body towards the air inlet, and is bent and extended towards the center of the body, a limiting groove (above market 52” in Fig. 2) is formed between the limiting edge and the body, the limiting edge is accommodated in the limiting groove, the sealing ring is clamped between the limiting edge and the body.
With respect to claim 17, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the ventilation therapy equipment further comprises a bottom base (48) receiving in the receiving cavity, the humidifying water tank is fixed to the base, the bottom base includes a heating component (50 and 12).
With respect to claim 18, Levine discloses a humidifying water tank a ventilation therapy equipment (Device shown in Figs. 1-5), comprising: a shell (14), the shell provided with an opening (defined by 72), an air outlet (22), and an air inlet (24); a base plate (48), covering the opening and enclosing a receiving cavity (18 and 20 defined by 14 and 48) together with the shell, the receiving cavity being in communication with the air outlet and the air inlet respectively; the receiving cavity being configured to (capable of) receive liquid (via 26), the base plate being heated by an external heating component (50 and 12) to enable the liquid being heated to form vapor.
Levine fails to disclose a fan blade, being accommodated and rotated in the receiving cavity, airflow being capable of entering the receiving cavity from the air inlet; during the rotation of the fan blade, the airflow being mixed with the vapor to form mixed gas, and the mixed gas being capable of flowing out from the air outlet.
However, Chen teaches a humidifying water tank (Figs. 1-5), comprising: a shell (12), one (lower) end of the shell provided with an opening (covered by 4), and the other (upper) end of the shell provided with an air outlet (at 22), and an air inlet (at 13); a base plate (4), covering the opening and enclosing a receiving cavity (defined by 12, 4 and cavity left side of 33. Fig. 1) together with the shell, the receiving cavity being in communication with the air outlet and the air inlet respectively; the receiving cavity being configured to (capable of) receive liquid (in 31 and 36), the base plate being heated by an external heating component (38) to enable the liquid being heated to form vapor, a fan blade (23 and 35), being accommodated in the receiving cavity and rotatably mounted on the shell; wherein when airflow enters the receiving cavity from the air inlet, the airflow can (capable of) push the fan blade to rotate (about the center or core of 23 and 35) to form the wind force, and the airflow and vapor are accelerated and mixed under the rotation of the fan blade to form a mixed gas (at least in the cavity left side of 33. Fig. 1); the mixed gas can (capable of) flow out from the air outlet under an action of the wind force generated by the fan blade.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of adding a fan blade, as taught by Chen, to Levine’s humidifying water tank’s air outlet, in order to provide a dual-functions (blowing and humidification) device (Abstract).
With respect to claim 19, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the shell further comprises an air inlet pipe (23 and 102), and an air inlet flow guide vane (lower end 106 and lugs 108), the air inlet is arranged at the air inlet pipe, the air inlet flow guide vane is connected to an (upper) end, close to the receiving cavity (chamber 18), of the air inlet pipe, an air inlet port (at 106) is formed between the air inlet flow guide vane and the air inlet pipe, and the air inlet port is in communication with the air inlet and the receiving cavity. Chen teaches the fan blade includes a plurality of blades (Fig. 1 of Chen), each blade includes a blade surface, and the air inlet port faces toward the blade surface (Chen’s fan is added at the air outlet 24 of Levine’s humidifying water tank).
With respect to claim 20, Levine’s humidifying water tank modified by Chen’s fan blade, Levine further discloses wherein the shell further defines a water injection port (26. Fig. 2), the shell further comprises a fixed column (34), the fixed column extends from a (outer) periphery of the water injection port towards the receiving cavity, the fixed column is provided with a limiting hole (defined by 34), the limiting hole is in communication with the water injection port and the receiving cavity, the liquid may be injected into the receiving cavity from the water injection port, the humidifying water tank further comprises a buoy (38), accommodated in the receiving cavity, one (upper) end of the buoy extends into the limiting hole, and a top of the buoy is opposite (in direction) to the water injection port, the buoy moves along the fixed column towards or away from the water injection port under the action of liquid.
Response to Arguments
Applicant's arguments filed on December 19, 2025 have been fully considered but they are not persuasive. The Applicant argues that Chen fails to disclose “a humidifying water tank of a ventilation therapy equipment” as recited in independent claims 1, 9 and 18. The Examiner respectfully disagrees. As elaborated in the Drawings objection and 35 U.S.C. 112(a) rejections above, the amended limitation violates both the 37 CFR 1.84(p)(4) and 35 U.S.C. 112(a) requirements. For the purpose of examination, the two limitations (the humidifying water tank and the ventilation therapy equipment) are being interpreted a one device. The claims are being examined as best understood by the Examiner.
The applicant also argues that Chen fails to disclose “forming a mixed gas in the receiving cavity” as amended in independent claims 1, 9 and 18. The applicant’s argument has been considered but is moot due to the new interpretation of the Chen reference. The receiving cavity is now being interpreted as the cavities defined by 12, 4 and cavity left side of 33. Fig. 1(see detailed new rejection above).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/CHEE-CHONG LEE/Primary Examiner, Art Unit 3752 March 20, 2026