DETAILED ACTION
This Office Action is in response to the filing of amendments to the claims on 1/21/2026. As per the amendments, claims 1-2 and 4 have been amended, claim 6 has been cancelled, and claims 7-9 have been added. Thus, claims 1-5 and 7-9 are pending in the application.
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 § 103
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.
Claims 1-5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US Pat. 10,213,573) in view of Doo et al. (US Pat. 10,874,821).
Regarding claim 1, Smith discloses a positive airway pressure apparatus (see Col. 3 lines 15-20 where the system includes a respiratory apparatus with a flow generator that creates a positive flow of breathable air) comprising: a flow generator configured to pressurize and feed air (see Col. 3 lines 15-20 the air coming from a flow generator); and a humidifying tank configured to allow the air, pressurized and fed by the flow generator, to flow thereinto (see Figs. 22-29 where humidifier 102 is a humidifying tank), the humidifying tank having an inner space capable of storing water (the interior space of humidifier 102 in Figs. 22-29, having water 132, 133, and 134), wherein the humidifying tank includes a top wall (see Figs. 22-29 lid 104), a side wall (see Figs. 22-29 where the side wall is made from the sides of a plurality of levels 106, 110, 114, and bottom chamber 118, as well as the middle sections thereof), and a bottom wall defining the inner space (the bottom of bottom chamber 118 in Figs. 22-29), a first passage through which the flow generator communicates with the inner space (see Figs. 22-29 the flow path of air from inlet 120, along level 106, to including conduit 108), a second passage through which the inner space communicates with a portion being outside of the humidifying tank and being different from the flow generator (see Figs. 22-29 outlet 122), a flow-dividing section (see Figs. 22-29 layers 110 and 114, the middle portions thereof) facing an inlet when the inlet is defined as an opening of the first passage facing the inner space (see Figs. 22-29 where conduit 108 is the inlet, such that the layers 110 and 114 face upward at it, and conduit 108 faces the interior space below it), and a facing section extending toward the bottom wall from an outer peripheral surface of the first passage (see Figs. 22-29, the bottom extension of conduit 108 that extends below level 106 is the facing section), wherein, when a vertical axis is defined as a specific axis intersecting the bottom wall, the facing section includes a part overlapping the inlet as seen along the vertical axis (see Figs. 22-29 where a vertical axis can be drawn that goes through the bottom chamber 118, through conduit 108, and into the space of layer 106, such that there is overlap between the extension of conduit 108 and the space of layer 106), and wherein the facing section faces the flow-dividing section (see Figs. 22-29 where the extensions on the bottom of conduit 108 extend toward and face the layers 110 and 114 below it), and wherein the flow-dividing section is a part of the side wall (see Figs. 22-29 where the middle portions of layers 110 and 114 form the flow-dividing section, and also have sides which make up the side walls of the humidifier 102, such that they are part of and extend from the side walls).
Smith lacks a detailed description of the device being a continuous positive airway pressure apparatus, and having a blower configured to pressurize and feed air. However, it is understood that Smith does have at least contemplate that the respiratory apparatus can be a CPAP device (see Col. 12 lines 18-20), and that the positive air can pressurized via a blower (see Col. 6 lines 43-46). In the alternative that Smith lacks these elements, than it is taught by Doo.
However, Doo teaches a similar respiratory therapy device with a humidifier, where the respiratory therapy is CPAP (see Col. 5 lines 40-45), and where the flow generator is a blower (see Col. 6 lines 5-13).
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 respiratory device and flow generator of Smith to be a CPAP and blower respectively, as taught by Doo, as it would be a simple substitution of one type of positive pressure therapy for another, and of one airflow generating device for another, to yield the predictable result of delivering a positive air pressure therapy of breathable gas to a patient.
Regarding claim 2, the modified Smith device has wherein the facing section extends toward the bottom wall from a portion that is included in the outer peripheral surface of the first passage and that overlaps the inlet when seen along the vertical axis (Smith; see Figs. 22-29 where a vertical axis can be drawn that goes through the bottom chamber 118, through conduit 108, and into the space of layer 106, such that there is overlap between the extension on the bottom of conduit 108 that extends towards bottom chamber 118, and the space of layer 106).
Regarding claim 3, the modified Smith device has wherein the facing section includes a facing surface being a surface facing in a same direction as a direction in which the inlet faces (Smith; see Figs. 22-29 where the extensions of conduit 108 have a face on the bottom that faces downward, which is the same direction the inlet a the top of conduit 108 faces).
Regarding claim 4, the modified Smith device has wherein, an outlet is defined as an opening of the second passage facing the inner space (Smith; see Figs. 22-29 where outlet 122 faces the interior space of the humidifier), wherein, when seen along the vertical axis, the outlet is located on an opposite side from the direction in which the inlet faces with respect to an imaginary straight line extending on the facing surface (Smith; see Figs. 22-29 where the outlet 122 is located at the top of the humidifier, which is opposite the bottom of the humidifier which the conduit 108 and the inlet faces, when an imaginary line is drawn from conduit 108 to bottom chamber 118).
Regarding claim 5, the modified Smith device has wherein the facing section extends to a position being further toward the bottom wall side than a center of the inner space in a direction along the vertical axis (Smith; see Figs. 22-29 where conduit 108 has extensions that extend down towards bottom chamber 118, such that the extensions are closer to the bottom chamber 118 than to a center of the flow path of the inner space at conduit 112).
Regarding claim 7, the modified Smith device has wherein the facing section extends in a direction radially away from the inlet (Smith; see Figs. 24-25 where the bottom extension of conduit 108 is circumferential, thus having some portion of the conduit walls that extends in a direction radially away from inlet 120, where a radial center of the inlet is a vertical axis going through the exit aperture of the inlet 120).
Regarding claim 8, the modified Smith device has wherein the inlet faces a direction orthogonal to a direction in which the bottom wall faces (Smith; see Figs. 24-25 where inlet 120 has a section that extends laterally, which is facing a direction orthogonal to the bottom wall at the bottom of chamber 118).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Doo as applied to claim 1 above, and further in view of Giocoechea (US Pat. 3,864,440).
Regarding claim 9, the modified Smith device has wherein the facing section includes a portion extending in a direction toward the bottom wall.
The modified Smith device lacks a detailed description of the direction being inclined toward the bottom wall.
However, Giocoechea teaches a humidifier system, where a conduit stretching vertically between layers has a section extending downward, including a portion that is inclined towards the bottom wall (see Figs. 2 and 6 where reinforcing gusset 74 is part of the delivery tube 66 that is below continuous plate edge 72, connecting to the conduit extension below the plate edge and being incline in shape towards the bottom wall).
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 facing section conduit of the modified Smith device to include a reinforcing gusset attached to it as taught by Giocoechea, as it would provide a reinforcing structure to the conduit extension, helping it maintain its shape and position.
Response to Arguments
Applicant's arguments filed 1/21/2026 have been fully considered but they are not persuasive.
Applicant argues that the Smith reference does not have the flow-dividing section is a part of the side wall, as the alleged side walls of Smith are different sections from the layers that are alleged to be the flow-dividing section. The argument is not well-taken. Firstly, the term “side wall” is broad, and any wall structure that forms part of a side could be considered a side wall. There is no indication in the claim that a side wall must be located solely about the outer edges of the housing. Hence, each layer 110/114 is understood to be a side wall piece, having outer vertical sides that form a side wall, and interior sections that stretch across the length and width of the device to divide the flow-paths. It is thus understood that the layers, which are connected directly to the vertical side walls, are part of the side wall, extend therefrom, and divide the flow.
For the reasons above, the rejections hold.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D ZIEGLER whose telephone number is (571)272-3349. The examiner can normally be reached Mon-Fri 10:00-6:00.
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/MATTHEW D ZIEGLER/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785