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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 1-4, 14 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by O’Donnell et al. U.S. Publication No. (2008/0310994 A1).
With respect to claim 1, O’Donnell et al. discloses a ventilation therapy device (4, figs.1-9), comprising:
a main machine (where element 10 is located, in fig.1) for generating a therapeutic gas or oxygen-enriched gas [0013], having a main machine gas inlet (26) and [0071] and a main machine gas outlet (11) or (8) and [0081]; and
a disinfection apparatus or blower (4, fig.2) and [0071] and [0076] and for generating a high-temperature disinfecting gas [0071] and [0081], the disinfection apparatus or blower is communicated with the main machine gas inlet or the main machine gas outlet to introduce the high- temperature disinfecting gas into the main machine [0075].
With respect to claim 2, O’Donnell et al. discloses the ventilation therapy device comprises a disinfection pipeline (114 and 14, fig.9) and [0109], two ends (17 and 18, fig.6) and [0082] of which are detachably connected to and communicated with the main machine (as shown in fig.9) and the disinfection apparatus [0074] respectively, so that the disinfection pipeline (114 and 14) forms a channel for the high-temperature disinfecting gas to circulate together with the main machine and the disinfection apparatus (as shown in figs.6 and 9).
With respect to claim 3, O’Donnell et al. discloses the ventilation therapy device comprises a humidifier (5, fig.3) and [0069] which is configured to humidify the therapeutic gas [0071] and [0074], and has a humidifier gas inlet (26) and [0071] and a humidifier gas outlet (11) and [0071], wherein the humidifier gas inlet (26) is communicated with the main machine gas outlet [0071], and the disinfection apparatus or blower (4)is communicated with the humidifier (5) to introduce the high-temperature disinfecting gas into the humidifier [0074].
With respect to claim 4, O’Donnell et al. discloses the disinfection apparatus or blower (4) comprises a first power unit or heat conductive base [0073], a heating unit or heat plate (25) and [0073], and a gas transfer unit or fan or speed pump [0075], wherein the first power unit heat conductive base [0073] is configured to supply a gas to the gas transfer unit or fan or speed pump [0074]-[0075], the heating unit or heat plate (25, figs.2 and 4) is arranged between the first power unit or the heat conductive base [0073, which is underneath the heating plate (25) and the gas transfer unit or fan or speed pump [0074 which is arranged at the back of the machine 4] to heat the gas to form the high-temperature disinfecting gas, and the gas transfer unit is communicated with the main machine and the humidifier [0074].
With respect to claim 14, O’Donnell et al. discloses the main machine comprises a filter mounted at the main machine gas inlet [0087].
With respect to claim 18, O’Donnell et al. discloses a disinfection apparatus or blower (4), which comprises a first power unit or heat conductive base [0073], a heating unit or heat plate (25) and [0073], and a gas transfer unit or fan or speed pump [0074]-[0075], wherein the first power unit is configured to supply a gas to the gas transfer unit [0073]-[0074], the heating unit or heat plate (25, figs.2 and 4) is arranged between the first power unit or the heat conductive base [0073, which is underneath the heating plate (25) and the gas transfer unit or fan or speed pump [0074 which is arranged at the back of the machine 4], to heat the gas to form a high-temperature disinfecting gas, and the gas transfer unit is configured to introduce the high-temperature disinfecting gas into a gas channel of a device to be disinfected [0074]-[0075].
Allowable Subject Matter
Claims 5-6, 8-11, 13, 15-17 and 19-22 are allowed.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
The prior art of record fails to show or make obvious the claimed combinations of elements particularly the limitations as set forth in dependent claims 5-6, 8-11, 13, 15-17 and 19-22 which recite features not taught or suggested by the prior art drawn to O’Donnell et al., in combination with the other elements (or steps) of the apparatus and method recited in the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OPHELIA ALTHEA HAWTHORNE whose telephone number is (571)270-3860. The examiner can normally be reached M-F 8:00 AM-5:00 PM, EST.
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/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786