DETAILED ACTION
Primary Examiner acknowledges Claims 25-34 are pending in this application, with Claims 27, 29, 30, 33, and 34 having been currently amended, and Claims 1-24 and 35-83 having been cancelled by preliminary amendment on April 28, 2023.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
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.
Claim 34 is 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.
Specifically, Claim 34, Line 2 recites the limitation “the rigidized portion”; however, this recitation appears to be unclear as the meets and bounds of the claims cannot be adequately ascertained by the Primary Examiner. The current parentage of Claim 34 includes Claim 31 which recites “at least a portion of the wall of the chamber is rigidized”; however, alternate claims – Claims 32 and 33 which share the parentage of Claim 31 recite “the rigidized wall portion”. Primary Examiner is unclear if the nomenclature variation in the dependency from Claim 31 to recite “the rigidized portion” (Claim 34) and the “the rigidized wall portion” (Claims 32 and 33) is meant to be coextensive or to address a different consideration of the claimed invention. If the terms are meant to be coextensive, it appears this situation is simply a lack of antecedent basis which can be rectified by the recitation “the rigidized wall portion” in Claim 34. However, if the terms are meant to be different, clarification is needed to explain the distinction. For purposes of this rejection, Primary Examiner will presume this limitation of “the rigidized portion” of Claim 34 should read “the rigidized wall portion”. Appropriate correction and clarification is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 25-34 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Tang (7,694,677).
As to Claim 25, Tang discloses a respiratory pressure therapy device (Figure 20 – in situ; and Figures 2, 4, and 5 – ex situ), comprising: an enclosure (100, best seen Figures 2, 4, and 5, “As illustrated in FIGS. 2, 4, and 5, system 100 may include a noise suppression portion 110, a body portion 120, and a port 130 for connecting to an gas hose which may supply the pressurized gas to the nasal mask (not shown).” Column 3, Lines 60-70) including a first portion (one of 110 or 120, “a noise suppression portion 110, a body portion 120” Column 3, Lines 60-70) and a second portion (other of 120 or 110, “a noise suppression portion 110, a body portion 120” Column 3, Lines 60-70), the second portion (other of 120 or 110) configured to engage the first portion (one of 110 or 120) in an assembled configuration (best seen Figures 2, 4, 5, and 20); a blower (310, best seen Figures 16 and 17, “aperture 290 aligns with the intake 320 of the blower 310.” Column 5, Lines 20-30) to provide a supply of air for respiratory pressure therapy (via 130, best seen Figure 20 – in situ and Figures 2, 4, 5, 16, and 17 – ex situ, “a port 130 for connecting to an gas hose which may supply the pressurized gas to the nasal mask (not shown).” Column 3, Lines 60-70), the blower (310) enclosed at least partially in the enclosure (100); and a blower inlet muffler (410, best seen Figures 13, 18, and 19, “Cap portion 400 may include an inlet 410. As illustrated in FIGS. 6 and 13, inlet 410 may align with aperture 250 in foam disk 180, and may allow gas to be drawn into the gas conduit in the foam structure 150 with relatively little flow resistance.” Column 5, Lines 40-50) comprising a noise attenuation material (150, “As shown in FIGS. 7-12, in some embodiments, foam structure 150 may include a stacked structure including a plurality of foam disks 180, 190, 200, 210, 220, and 230 manufactured from an acoustic foam material selected for its ability to absorb sound waves in the audible range.” Column 4, Lines 40-50), the noise attenuation material (150) configured and arranged to face a blower inlet (320, “aperture 290 aligns with the intake 320 of the blower 310.” Column 5, Lines 20-30) of the blower (310) such that an axis of the blower inlet (320) passes through a thickness (best represented by solid arrows of Figures 13, 14, and 17) of the noise attenuation material (150), wherein each of the first portion (one of 110 or 120) and the second portion (other of 120 or 110) of the enclosure (100) supports and retains at least a portion of the noise attenuation material (150).
With respect to the orientation of the first portion (one of 110 or 120) with respect to a portion of the noise attenuation material (150) and the second portion (other of 120 or 110) with respect to a portion of the noise attenuation material (150), Tang discloses the noise attenuation material (150) includes “a plurality of foam disks 180, 190, 200, 210, 220, and 230 manufactured from an acoustic foam material selected for its ability to absorb sound waves in the audible range.” (Column 4, Lines 40-50), wherein elements 180, 190, 200, 210, and 220 are retained within a portion (110) of the enclosure (100), and element 230 is retained within a subsequent portion (120) of the enclosure (100), so that “the lowest foam disk 230 may include an aperture 300 configured to be positioned over the blower 310.” (Column 5, Lines 20-30). In this configuration, as best seen in Figure 17 and Figure 14 in phantom, element 230 encompasses the blower inlet (320) of the blower (310) and is included in one portion (120) of the enclosure (100); whilst, the remaining elements (180, 190, 200, 210, and 220) is fluidly connected to element 230 and is retained in another portion (110) of the enclosure (100). Thus, meeting the limitations of the claims as currently recited.
For the remainer of this rejection the first portion is attributed to reference character 110 and the second portion is attributed to reference character 120.
As to Claim 26, Tang discloses the noise attenuation material (150) comprises foam (“foam structure 150 … Soundfoam absorption foam, which is a polyester and urethane based material, manufactured by Soundcoat Company, which foam may have a density of 2 lb. per cubic foot. Other appropriate acoustic foam materials which may be compressed and which absorb sound in the audible range may also be used. ” Column 4, Lines 40-65).
As to Claim 27, Tang discloses the noise attenuation material (150) comprises a first foam piece (one of 180, 190, 200, 210, and 220) supported by the first portion (110) of the enclosure (100) and a second foam piece (230) supported by a second portion (120) of the enclosure (100).
As to Claim 28, Tang discloses each of the first portion (110) and the second portion (120) includes a slot (250 of 180, 260 of 190, 270 of 200, 280 of 210, 290 of 220 and 300 of 230, whereby the slots are configured as best seen in Figures 13 and 14 to permit the passage of air along an axis of the blower inlet through a thickness of the noise attenuation material 150, “When stacked as illustrated in FIGS. 13 and 14, foam structure 150 may define a spiral-like conduit 240 extending from an aperture 250 in disk 180, through a C-shaped channel 260 in disk 190, through an aperture 270 in disk 200, through a C-shaped channel 280 in disk 210, and through an aperture 290 in disk 220, which may be in communication with a blower 310 (indicated in dashed line).” Column 4, Lines 50-70; also see: “the lowest foam disk 230 may include an aperture 300 configured to be positioned over the blower 310.” Column 5, Lines 20-30) to support a respective one of the first foam piece (one of 180, 190, 200, 210, and 220) and the second foam piece (230).
Regarding the concept to support, Tang expressly states the “Foam disks 180, 190, 200, 210, 220, and/or 230 may be attached together with an adhesive as is known in the art, or may be otherwise attached in any other suitable manner.” (Column 5, Line 1-20). Thus, the slots (250 of 180, 260 of 190, 270 of 200, 280 of 210, 290 of 220 and 300 of 230) provide for the fluid communication for the passage of air along an axis of the blower inlet through a thickness of the noise attenuation material 150, whereby the regions in absence of the slots (250 of 180, 260 of 190, 270 of 200, 280 of 210, 290 of 220 and 300 of 230) are attached with adhesive to support the engagement of the first foam piece (one of 180, 190, 200, 210, and 220) to the second foam piece (230).
As to Claim 29, Tang discloses the first foam piece (one of 180, 190, 200, 210, and 220) and the second foam piece (230) are supported in the enclosure (100) such that a front face or surface (the lowest perimeter of 220 as abutting 230 at 290 – “foam disk 220 (illustrated with dashed lines) may be positioned over blower 320, such that aperture 290 aligns with the intake 320 of the blower 310.” Column 5, Lines 20-30) of the at least one first foam piece (one of 180, 190, 200, 210, and 220) faces the blower inlet (320) of the blower (310) and a front face or surface (the internal diameter 300 of 230 as abutting 320 – “the lowest foam disk 230 may include an aperture 300 configured to be positioned over the blower 310.” Column 5, Lines 20-30) of the second foam piece (230) faces the blower inlet (320) of the blower (310).
As to Claim 30, Tang discloses the blower inlet muffler (410) comprises a chamber (defined by the interior of 160 as shown in Figure 19, “As illustrated in FIGS. 6 and 13-15, foam structure 150 may be encased by a shell 160. FIGS. 18-19 illustrate that shell 160 may include a plurality of concentric rings 350, 360, 370, 380, 390 and a cap 400 that may serve as a sound barrier between foam structure 150 and the environment. In addition, the shell 160 may provide mechanical support for foam structure 150. In one embodiment, shell 160 may also provide a mechanism for compressing foam structure 150 into the compressed configuration and/or to lock foam structure 150 in the compressed configuration (as illustrated in FIG. 16).” Column 5, Lines 25-60) arranged to face the blower inlet (320) of the blower (310) such that an axis of the blower inlet (320) passes through the chamber (160).
As to Claim 31, Tang discloses at least a portion of the wall (one of 350, 360, 370, 380, and 390, “a plurality of concentric rings 350, 360, 370, 380, 390” Column 5, Lines 25-60) of the chamber (defined by the interior of 160 as shown in Figure 19) is rigidized (“One or more of the conical rings 350, 360, 370, 380, and 390 may be designed to be longitudinally slidable with respect to adjacent rings and may have an interference (e.g., frictional) fit with adjacent rings, which may allow the shell 160 to form a rigid structure and/or to be compressible when the noise suppression portion 110 is in the uncompressed and compressed configurations, respectively. … The shell 160 may be manufactured from any rigid or semi-rigid material that can be formed in a ring or similar structure and which reflects sound waves, e.g., metals, plastics, and composites.” Column 5, Lines 25-60).
As to Claim 32, Tang discloses the rigidized wall portion (one of 350, 360, 370, 380, and 390) of the chamber (defined by the interior of 160 as shown in Figure 19) faces (concentrically aligned with the blower inlet) the blower inlet (320) such that the axis of the blower inlet (320) passes through the rigidized wall portion (one of 350, 360, 370, 380, and 390).
As to Claim 33, Tang discloses the rigidized wall portion (one of 350, 360, 370, 380, and 390) is rigidized by a wall of a wall curvature (“concentric rings” Column 5, Lines 25-60).
As to Claim 34, Tang discloses rigidized wall portion (one of 350, 360, 370, 380, and 390) includes a tongue and groove engagement (“an interference (e.g., frictional) fit with adjacent rings” Column 5, Lines 25-60 – which provides for the telescoping configuration having an expanded shape as seen in Figure 5, 6, 13, 14, 19, and 20; and a compressed shape as seen in Figure 2, 4, 15) between the first portion (110) and the second portion (120) of the enclosure (100).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNETTE F DIXON whose telephone number is (571)272-3392. The examiner can normally be reached M-F 9-5 EST with flexible hours.
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785