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 .
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.
Claims 1-7 are 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.
Claim 1 recites the limitation "the humidifying tank side". There is insufficient antecedent basis for this limitation in the claim. The specification does not clearly define a particular side as “the humidifying tank side” and therefore it is unclear what side or surface is intended to refer to. For examination purposes the limitation will be interpreted as referring to an ‘internal’ side of the tank in which the first and second passages are disposed/included thereon. It is suggested that applicant amend the claim to more clearly define the particular side or surface for clarity.
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.
(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 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hattori (WO 2021/205913 A1).
Regarding claim 1, Hattori discloses A continuous positive airway pressure apparatus comprising:
a blower configured to pressurize and feed air (see Fig. 1 and Paragraphs 0012-0017; The device has a blower unit 100 connected to the base 200, the blower supplying air pressurized by the blower to a humidifier); and
a humidifying tank configured to allow the air, pressurized and fed by the blower, to flow thereinto, the humidifying tank having an inner space capable of storing water (see Figs. 1-5 and Paragraphs 0002-0008, 0012-0019, humidifier 20; The device has a humidifier 20, with a water chamber 30 which has an internal volume to store water and receives the pressurized air from the blower to be humidified),
wherein the humidifying tank includes
a top wall, a side wall, and a bottom wall defining the inner space (see Fig. 2-5, the humidifier has top, side and bottom walls which define the inner space),
a first passage through which the blower communicates with the inner space (Fig. 3 and Paragraph 0037, flow pipe 300; Flow pipe 300 receives air compressed by the blower unit through an opening in upstream portion 301; It is noted that ‘passage’ is understood to refer to a distinct physical structure, as opposed to a mere imaginary pathway for the flow of the fluid/air),
a second passage through which the inner space communicates with a portion being outside of the humidifying tank and being different from the blower (second flow port 320 and conduit 50, Fig. 1-5 and Paragraph 0039; The second flow port communicates with the conduit 50 which is external to the humidifying tank and connects to a tube 90 which delivers the gas to the patient), and
a shielding section intersecting a line segment when an inlet is defined as an opening of the first passage on the humidifying tank side, an outlet is defined as an opening of the second passage on the humidifying tank side, and the line segment is imagined to connect the inlet and the outlet along a shortest distance (see Fig. 4-5, 7, outlet baffle 330; The outlet baffle 330 intersects a line segment drawn between the inlet of the first passage on the internal side of the humidifier and the outlet 320 along a shortest distance; The baffle surrounds the outlet 320 and lies between the line between the inlet/outlet; also see Fig. 7, 430 outlet baffle extends about and also similarly is disposed between the inlet and outlet along a straight path), and
wherein, when a vertical axis is defined as a specific axis intersecting the bottom wall and a downward direction is defined as a direction being along the vertical axis and being from the top wall toward the bottom wall (see Fig. 1-5; The vertical axis of the humidifier can be simply defined as an axis through/perpendicular to the top and bottom wall),
an end of the shielding section in the downward direction is located toward the downward direction as seen from the inlet and toward the downward direction as seen from the outlet (see Fig. 4, the baffle 330 extends in a downward direction as seen from the inlet and outlet; The baffle projects downwards with respect to the vertical axis as defined above and thus can be seen to be located in a ‘downward’ direction with respect to the top wall).
Regarding claim 2, Hattori discloses the device of claim 1.
Hattori further discloses wherein the shielding section has a tubular shape, wherein the shielding section has a through-hole through which a first space surrounded by the shielding section communicates with a second space opposite to the first space with the shielding section therebetween (It is first noted that the limitation ‘tubular’ does not seem to imply a circular cross-section as shielding section 70 in Fig. 3 of Applicant’s Specification is clearly non-circular; see Fig. 4 and 7; The shielding section 330 has a tubular shape which extends along a length between two opening portions; The shielding section has an opening flow port 334 which is a through-hole connecting a first interior space about the outlet of 320 and a second space within the humidifier 30 opposite to it across the baffle wall), and wherein a lower end of the through-hole is located toward the downward direction as seen from the inlet and toward the downward direction as seen from the outlet (see Figs. 1-5; A lower end of the through-hole of 334 is located in a downward direction when seen from both inlet and outlet; In other words, the through-hole extends in a downward direction with respect to the vertical axis from the perspective of both the inlet/outlet).
Regarding claim 3, Hattori discloses the device of claim 2.
Hattori further discloses wherein the inlet faces the side wall (see Fig. 1-5; The inlet faces/is oriented towards a ‘back wall’/side wall of the humidifier; It is noted that applicant has not defined any particular side wall and thus can be any side wall between the top/bottom walls and the orientation of the inlet ‘faces’ the back side wall opposite the inlet), and wherein, when seen in a direction along the vertical axis, the through-hole faces in a direction different from a direction in which the inlet faces (see Fig. 4, the inlet of flow pipe 300 faces in a different direction than the through-hole of 334, which faces substantially orthogonal to that through the inlet).
Regarding claim 4, Hattori discloses the device of claim 2.
Hattori further discloses wherein an inner surface of the shielding section includes a facing surface facing the through-hole in a direction in which the through-hole faces, and wherein, when seen in a direction along the vertical axis, the facing surface is inclined relative to an opening surface of the through-hole (see Fig. 5, in the direction in which the through-hole faces, i.e, orthogonal to the line defined by 334, there is a linear sloping portion of the shielding section which is inclined relative to the opening surface of the through-hole; In other words, the inner wall of the shielding section which is opposite/facing towards the through hole is sloped and inclined relative to the opening surface of 334).
Regarding claim 5, Hattori discloses the device of claim 2.
Hattori further discloses wherein, when seen in a direction along the vertical axis, an inner surface of the shielding section does not have portions facing each other parallelly (see Fig. 5 in particular; The shielding section of 330 does not have any parallel portions which face each other; The baffle is substantially circular with one straight section; While instantaneous tangents to the circle could be ‘parallel’ to one another, there are not ‘portions’ of the shielding section which are parallel and face one another; If such were the case, the curved portions of the shielding portions in Fig. 3 or 5 of Applicant’s specification would similarly be parallel).
Regarding claim 6, Hattori discloses the device of claim 1.
Hattori further discloses wherein, when an upward direction is defined as a direction being along the vertical axis and being toward the second passage as seen from the bottom wall, the second passage extends so as to be located in the upward direction with increasing distance from the outlet toward a downstream side (see Figs. 3-4, the second flow port 320 extends in an upward direction into the conduit 50 which is the outlet for gas into the tubing 90; Thus, the second passage extends in the upward direction towards the downstream side at the conduit 50).
Regarding claim 7, Hattori discloses the device of claim 3.
Hattori further discloses wherein an inner surface of the shielding section includes a facing surface facing the through-hole in a direction in which the through-hole faces, and wherein, when seen in a direction along the vertical axis, the facing surface is inclined relative to an opening surface of the through-hole (see Fig. 5, in the direction in which the through-hole faces, i.e, orthogonal to the line defined by 334, there is a linear sloping portion of the shielding section which is inclined relative to the opening surface of the through-hole; In other words, the inner wall of the shielding section which is opposite/facing towards the through hole is sloped and inclined relative to the opening surface of 334).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S 2010/0170510 A1 to Pieri – baffle for water reservoir opening, projects downward with sloping portion.
U.S 7,616,871 B2 to Kramer– humidifier with deflection element towards the water, shielding portion/portions. Horizontal inlet and vertical outlet.
U.S 4,152,379 A to Suhr – humidifier with deflection/shielding portions at inlet and outlet.
U.S 2013/0174843 A1 to Smith – humidifier for respiratory device with curving shielding/deflection portion.
U.S 2020/0101259 A1 to Vivian - humidifier for respiratory device with shielding/deflection portion.
U.S 2018/0333556 A1 to Omrod - humidifier for respiratory device with deflection walls, nested inlet/outlets.
U.S 2010/0132708 A1 to Martin – humidifier with curving deflection portions, separate chambers.
U.S 2004/0055597 A1 to Virr – humidifier with intermediate deflecting portions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS WILLIAM GREIG whose telephone number is (571)272-5378. The examiner can normally be reached Monday - Thursday: 7:30AM - 5:00PM.
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/THOMAS W GREIG/Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785