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
This office action is in response to the amendment filed 07/21/23. No claims have been amended, new claims 19-36 have been added, and claims 1-18 have been cancelled. Thus, claims 19-36 are presently pending in this application.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because the abstract is over 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 19, 22-23, and 32-33 are objected to because of the following informalities:
In claim 19, line 11 "a respiratory tract" should be changed to --the respiratory tract-- to correct antecedent basis.
In claim 19, line 11 "the subsequent breath" should be changed to --the at least one subsequent breath--.
In claim 19, lines 13 and 14 (in two instances) “the patient” should be changed to --the at least partially artificially ventilated patient-- for consistency.
In claim 21, lines 2-3 “an at least partial artificial ventilation of a patient” should be changed to --the at least partial artificial ventilation of a patient-- to correct antecedent basis.
In claim 22, line 5 "the subsequent breath" should be changed to --the at least one subsequent breath--.
In claim 23, line 3 “the patient” should be changed to --the at least partially artificially ventilated patient-- for consistency.
Appropriate correction is required.
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 27 and 30-36 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.
In claim 27 (lines 12-13), 30 (lines 1-2), and 33 (line 3) the limitation “a respiratory tract” is confusing if this is the same or an additional respiratory tract in claim 19.
In claim 32, line 1 the limitation “a patient” is unclear if this is the same patient or an additional patient of claim 19.
In claim 36, line 2 the limitation “the basis of whose acquisition values” the term whose makes it unclear what is meant by the limitation and the scope of the claim cannot be determined.
All remaining claims are rejected based on their dependency of a rejected base claim.
Allowable Subject Matter
Claims 19-36 are allowed.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is an examiner’s statement of reasons for indicating allowable subject matter:
The closest prior art of record, Behnood (WO2019094736), does not specifically disclose the claimed method as presented in claim 19.
Behnood discloses a method for determining a respiratory-gas content in a respiratory tract (paragraphs [42], [74] and [75] mention "air trapping" and "double triggering") of an at least partially artificially ventilated patient after several breaths performed under a ventilation apparatus (paragraph [ 48]), wherein the several breaths exhibit at least one earlier breath set and a plurality of successive earlier breaths (always the case during the ventilation of a patient), wherein the method comprises a quantitative detection of inspiratory and expiratory respiratory-gas flows by at least one respiratory-gas flow sensor and a summation of detected inspiratory and expiratory flow values to form the respiratory-gas content in the respiratory tract (paragraph [76] mentions a comparison between an inhaled volume and an exhaled volume for calculating the respiratory-gas content in a respiratory tract. Such volumes are calculated by summation of detected inspiratory and expiratory flow values, paragraph [ 63]), wherein a respiratory tract content starting value, at which the determination of the respiratory gas content in the respiratory tract for the subsequent breath starts (using an air flow sensor built into a ventilation apparatus), paragraphs [59] and [73][74].
However, Behnood fails to disclose the respiratory tract content starting value, depending on a difference in respiratory-gas quantity between an inspiratory respiratory gas quantity supplied to the patient during the earlier number of breaths and an expiratory respiratory-gas quantity output by the patient during the earlier number of breaths, is set to a reset starting value, which is closer to zero than to a difference value that quantitatively provides the difference in respiratory-gas quantity, or is set to a continuity starting value, which is closer to the difference value than to zero, and to modify would be improper hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kulstad (2015/0040905), Truschel (2006/0130835), and Nord (5,915,381) are cited to show additional respiratory devices.
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/KELSEY E BALLER/ Examiner, Art Unit 3785
/TU A VO/ Primary Examiner, Art Unit 3785
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