CTNF 18/286,768 CTNF 94135 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 a preliminary amendment filed on 10/13/2023. As directed by the preliminary amendment, no claims were canceled, claims 1-14 were amended, and claims 15-16 were added. Thus, claims 1-16 are pending for this application. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15-03-aia AIA Claim(s) 1-4, 8 and 13-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hartono (US 2022/0134039) . Regarding claim 1, Hartono discloses (Figs. 5-7 and 21-24) a ventilation and noise reduction housing (main body 3510, comprising components to reduce noise, paragraph [0376]), comprising a respiratory passage segment (cover connecting portion 3540), a first end of the respiratory passage segment being a ventilation and noise reduction housing connection end (end of portion 3540 that couples to cushion assembly shown in Fig. 16), a second end of the respiratory passage segment being a respiratory tube communication end (end of portion 3540 that couples to tube portion 3590 via cover 3580, paragraph [0294] and Fig. 15), wherein a wall of the respiratory passage segment comprises a ventilation-noise reduction unit mounting wall segment (recessed region 3560 and exterior surface 3514), the ventilation-noise reduction unit mounting wall segment is provided with exhaust vents (vents 3516) and a supporting protrusion structure (ribs 3560) protruding from an outer surface of the ventilation-noise reduction unit mounting wall segment (see Fig. 22), and the supporting protrusion structure is configured to support a ventilation and noise reduction core of a ventilation and noise reduction unit disposed on the ventilation-noise reduction unit mounting wall segment (mounts diffusing member 3450, paragraph [0380]), so that a ventilation gap is at least partially maintained between the ventilation and noise reduction core and the outer surface of the ventilation-noise reduction unit mounting wall segment (paragraph [0380]). Regarding claim 2, Hartono discloses wherein the supporting protrusion structure is arranged close to the exhaust vents (see positioning of ribs 3560 close to vents 3516 in Fig. 22). Regarding claim 3, Hartono discloses wherein the ventilation-noise reduction unit mounting wall segment comprises an end face wall (exterior surface 3514) that extends outward in a radial direction (see Fig. 19), and the exhaust vents and the supporting protrusion structure are formed on the end face wall (see Fig. 19). Regarding claim 4, Hartono discloses wherein the supporting protrusion structure comprises an inclined surface (inclined surface of middle step of rib 3560 shown in Annotated Fig. 11) between an upper surface (upper surface of top step of rib 3560 shown in Annotated Fig. 11) and a front end surface of an outer end (front end surface of lower step of rib 3560 shown in Annotated Fig. 11), in the radial direction, of the supporting protrusion structure (see Annotated Fig. 11). PNG media_image1.png 726 684 media_image1.png Greyscale Regarding claim 8, Hartono discloses a ventilation and noise reduction assembly, comprising a ventilation and noise reduction unit (diffusing member 3450 and cover 3580), paragraph [0380]) and the ventilation and noise reduction housing according to claim 1, wherein the ventilation and noise reduction unit comprises the ventilation and noise reduction core (diffusing member 3450), and a shell (cover 3580) formed with a ventilation opening (opening 3600), the shell is connected to the ventilation-noise reduction unit mounting wall segment (see Figs. 9 and 18), the ventilation and noise reduction core is disposed between the shell and the ventilation-noise reduction unit mounting wall segment (see Fig. 9), and is supported by the supporting protrusion structure (see Fig. 9 and 11), the ventilation gap is at least partially maintained between the ventilation and noise reduction core and the outer surface of the ventilation-noise reduction unit mounting wall segment (see Fig. 11 and paragraph [0380]), and the exhaust vents communicate with the ventilation opening through the ventilation and noise reduction core and the ventilation gap (see Fig. 11 and paragraphs [0381]-[0382]). Regarding claim 13 Hartono discloses a breathing mask assembly, comprising a breathing mask and the ventilation and noise reduction asscmbly according to claim 8 (see rejection of claim 8 above), wherein the breathing mask comprises a mask body (mask 3000) having a breathing cavity (plenum chamber 3200), and the respiratory passage segment communicates with the breathing cavity (paragraph [0391]). Regarding claim 14, Hartono discloses breathing support device, comprising a ventilator (ventilator 4000), a respiratory tube (tube 4170) and the breathing mask assembly according to claim 13 (see rejection of claim 13 above), wherein the ventilator communicates with the respiratory tube communication end via the respiratory tube (paragraph [0232]). Regarding claim 15, Hartono discloses wherein the exhaust vents are spaced in the circumferential direction (see positioning of vents 3515 in Fig. 22), and the supporting protrusion structure comprises a circumferential protrusion located outside the exhaust vents in a radial direction (see positioning of protrusions 3560 relative to vents 3515 in Fig. 22) . 07-15 AIA Claim (s) 1, 5, 9-11 and 16 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Dantanarayana (US 2019/0209804) . Regarding claim 1, Dantanarayana discloses (Figs. 1-6D, 24F and 35H) a ventilation and noise reduction housing (system 3400, which reduces noise due to making vent flow rate constant which reduced noise to reducing demands of RPT device, paragraph [0312]), comprising a respiratory passage segment (housing 3401), a first end of the respiratory passage segment being a ventilation and noise reduction housing connection end (inlet end 3411 at bottom of housing 3401, paragraph [0313] and [0334]), a second end of the respiratory passage segment being a respiratory tube communication end (top end of housing 3401 downstream of patient, paragraph [0331]); wherein a wall of the respiratory passage segment comprises a ventilation-noise reduction unit mounting wall segment (base 3403), the ventilation-noise reduction unit mounting wall segment is provided with exhaust vents (vents 3404) and a supporting protrusion structure (supports 3405 and membrane spacers 3409) protruding from an outer surface of the ventilation-noise reduction unit mounting wall segment (see Fig. 5A and 5F), and the supporting protrusion structure is configured to support a ventilation and noise reduction core of a ventilation and noise reduction unit (support membrane 3430) disposed on the ventilation-noise reduction unit mounting wall segment (supports support membrane 3430 which covers (but doesn’t obstruct) orifices 3404, thereby creating constant vent flow rate and thus reducing noise relative to other systems, paragraph [0316]), so that a ventilation gap is at least partially maintained between the ventilation and noise reduction core and the outer surface of the ventilation-noise reduction unit mounting wall segment (paragraph [0316]). Regarding claim 5, Dantanarayana discloses wherein the supporting protrusion structure comprises a plurality of radially extending convex ribs (supports 3405 which have a concave portion facing inward as shown in Fig. 5B) that are spaced in a circumferential direction (see Fig. 5B), and the exhaust vents (vents 3404) are spaced in the circumferential direction (see Fig. 5B), and arranged between adjacent radially extending convex ribs (see Fig. 5B). Regarding claim 9, Dantanarayana discloses a ventilation and moisture retention apparatus, wherein the ventilation and moisture retention apparatus (HME apparatus 9400 and vent housing connector 9160) comprises a ventilation and moisture retention apparatus housing (9160) and the ventilation and noise reducing housing according to claim 1 (see rejection of claim 1 above), wherein the ventilation and moisture retention apparatus housing is connected to the ventilation and noise reduction housing connection end (as shown in Fig. 35H), and the ventilation and moisture retention apparatus housing comprises a breathing mask communication end (end of housing 9160 connected to tubing 9220 that connects to patient interface, paragraph [0359] and Fig. 35I), the ventilation and moisture retention apparatus comprises a respiratory passage located between the breathing mask communication end and the respiratory tube communication end (see passage defined within 9400 and 9160 in Fig. 35H), and the respiratory passage comprises the respiratory passage segment (fluid communication and thus passage comprises passage segment, see Fig. 35H); the respiratory passage comprises a ventilation and moisture retention unit receiving segment (portion of 9160 that receives 9400) positioned between the breathing mask communication end and the respiratory tube communication end (see Fig. 35H), and the ventilation and moisture retention unit receiving segment is configured to receive a ventilation and moisture retention unit (HME housing 9400) for allowing inhaled gas to pass through and retarding moisture and heat in exhaled gas to pass through (paragraph [0362]); the ventilation-noise reduction unit mounting wall segment is located between the ventilation and moisture retention unit receiving segment and the respiratory tube communication end (see Fig. 35H). Regarding claim 10, Dantanarayana discloses a ventilation and noise reduction unit (comprising membrane 3430 and cover 9330), wherein the ventilation and noise reduction unit comprises the ventilation and noise reduction core (membrane 3430) and a shell (cover 9330) formed with a ventilation opening, the shell is connected to the ventilation and noise reduction unit mounting wall segment (see Fig. 24F), the ventilation and noise reduction core is disposed between the shell and the ventilation and noise reduction unit mounting wall segment (see Fig. 24F), and is supported by the supporting protrusion structure (via membrane spacers 3409, paragraph [0320] and Fig. 5F), the ventilation gap is at least partially maintained between the ventilation and noise reduction core and the outer surface of the ventilation and noise reduction unit mounting wall segment (paragraph [0316] and Fig. 5F), and the exhaust vents communicate with the ventilation opening through the ventilation and noise reduction core and the ventilation gap (paragraph [315]). Regarding claim 11, Dantanarayana discloses a ventilation and moisture retention unit (HME unit 9400) provided in the ventilation and moisture retention unit receiving segment (Fig. 35H and paragraph [0362]). Regarding claim 16, Dantanarayana discloses wherein the breathing mask comprises a mask body (mask 3000) having a breathing cavity (vent system 3400), and the respiratory passage segment communicates with the breathing cavity (paragraph [0312]) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dantanarayana (US 2019/0209804, hereinafter Dantanarayana ‘804) in view of Dantanarayana (US 2019/0351173, hereinafter Dantanarayan ‘173) . Regarding claim 12, Dantanarayana ‘804 discloses the ventilation and moisture retention unit (HME housing 9400) comprises an internal airway (airway shown in Fig. 35H) wherein a ventilation and moisture retention core (HME material 9145) is provided inside the internal airway (paragraph [0362]), the ventilation and moisture retention core is configured to allow inhaled gas to pass through and retard the moisture and heat in the exhaled gas to pass through (paragraph [0362]), wherein at least at an end portion of the ventilation and moisture retention unit facing the respiratory tube communication end (Fig. 35H), but does not disclose an annular outer air cleft provided outside the internal airway, an annular outer sidewall of the outer air cleft extends axially beyond an annular inner sidewall of the outer air cleft, and one end of the annular inner sidewall comprises an incoming air deflection surface for deflecting a portion of inhaled gas flowing in the axial direction toward the outer air cleft. However Dantanarayana ‘173 teaches (39A-39C) an annular outer air cleft (formed by 9416 along with the patient-side HME housing portion 9402 and the atmosphere-side HME housing portion 9404, paragraph [0383]) provided outside the internal airway (see Fig. 39A), an annular outer sidewall of the outer air cleft extends axially beyond an annular inner sidewall of the outer air cleft (sidewall of 9404 extends axially beyond sidewall of 9414 of portion 9404, see Fig. 39A), and one end of the annular inner sidewall comprises an incoming air deflection surface for deflecting a portion of inhaled gas flowing in the axial direction toward the outer air cleft (surfaces of sidewall 9414 that form passages 9418 at permit flow through 9400 but bypassing the HME material, see Fig. 39A and paragraph [0383]. Both ends of sidewall have this feature, and while claim states “one end”, claim is open-ended due to comprising therefore an invention having both ends with this function comprehends this claim language). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ventilation and moisture retention unit of Dantanarayana ‘804 to include an annular outer air cleft provided outside the internal airway, an annular outer sidewall of the outer air cleft extends axially beyond an annular inner sidewall of the outer air cleft, and one end of the annular inner sidewall comprises an incoming air deflection surface for deflecting a portion of inhaled gas flowing in the axial direction toward the outer air cleft, as taught by Dantanarayana ‘173, for the purpose of diverting a portion of flow to bypass the HME material (paragraph [0383] Dantanarayana ‘173) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 6-7 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. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : Zhou (US 2022/0088336) discloses a mask with a noise reduction device in the form of a rib. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MOON whose telephone number is (571)272-2554. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MATTHEW R MOON/Examiner, Art Unit 3785 /TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785 Application/Control Number: 18/286,768 Page 2 Art Unit: 3785 Application/Control Number: 18/286,768 Page 3 Art Unit: 3785 Application/Control Number: 18/286,768 Page 4 Art Unit: 3785 Application/Control Number: 18/286,768 Page 5 Art Unit: 3785 Application/Control Number: 18/286,768 Page 6 Art Unit: 3785 Application/Control Number: 18/286,768 Page 7 Art Unit: 3785 Application/Control Number: 18/286,768 Page 9 Art Unit: 3785