DETAILED ACTION
This Office Action is in response to the filing of a Request for Continued Examination (RCE) and amendments therein filed 2/06/2026. As per the amendments therein, claim 2 has been amended, and no claims have been added or cancelled. Thus, claims 2-16, and 18-23 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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/06/2026 has been entered.
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 2, 4-10, 13, 15-16, 19-20, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Zwaan et al. (US Pat. 5,062,145) in view of Truitt et al. (US Pat. 6,915,705) in view of Wiseman (US Pat. 4,599,895) in view of Bath et al. (US Pub. 2016/0022954).
Regarding claim 2, Zwaan discloses a humidification chamber for a respiratory therapy apparatus (see Figs. 1 and 7 the in-line humidification apparatus shown in the entirety of the figure), the humidification chamber comprising: a body (see Fig. 7 casing 4 and inner elements members 10 which define the body) defining a liquid reservoir (see Fig. 7 water compartment 30 defined by the casing 4 and inner elements 10), the body comprising a base and a side wall, the base and the side wall forming at least a portion of the liquid reservoir (see Figs. 5 and 7 where water compartment 30 is defined by microporous sheet material 40, having some bottom section of the compartment 30, and sidewalls thereof); an inlet port extending from the body and defining a gases inlet into the body (see Fig. 7 gases inlet 2 creating an inlet flow path from the gases inlet to the water compartment 30), the inlet port configured to interface with a conduit (see Col. 2 lines 19-24), the inlet port further configured to receive one or more sensors (see Fig. 7 where the gases inlet section from inlet 2 to the water compartment 30 has a sensor placed in it (bottom left probe 64 in Fig. 7, which is unlabeled but otherwise understood to be the same as the labeled probe 64)); an outlet port extending from the body and defining a gases outlet out of the body (see Fig. 7 gas outlet 3, extending out from the body via the extension of female casing 5, and defining a gas flow path out of the body); and a flow conditioner positioned within a gases flow path by the inlet port, the flow conditioner comprising at least one internal wall (see Fig. 7, the bottom left unlabeled baffle member 16, which is understood to be the same as the labeled baffle 16, and which acts upon and conditions the air flowing through the inlet, being an internal wall member that extends into the flow path).
Zwaan lacks a detailed description of wherein the at least one internal wall dividing the gases flow path into a first gases flow path in a first compartment and a second gases flow path in a second compartment, the first gases flow path and the second gases flow path being in parallel.
However, Truitt teaches a similar device for controlling and measuring a flow of air, where a flow conditioner comprising a plurality of vanes has a plurality of internal walls that divide the plow path into at least first and second gases flow paths via a plurality of compartments, which are in parallel (see Figs. 6A-7 where flow resistive element 74 has a plurality of spokes 100 that are internal walls that create a plurality of compartments between adjacent spokes, each compartment being a different flow path such that there are at least two gases flow paths through different compartments which are parallel to one another).
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 inlet baffle by the inlet sensor of Zwaan to be a flow conditioner as taught by Truitt, as it would create a laminar flow of air by the sensor to improve the accuracy and reduce the prevalence of erroneous measurements (Truitt; see Col. 2 lines 51-62 and Col. 7 lines 4-10).
The modified Zwaan device lacks a detailed description of at least one of the one or more sensors extending at least partially into one of the first gases flow path and the second gases flow path and at least a portion of the at least one internal wall being upstream of each of the one or more sensors.
However, Wiseman teaches an airflow dividing system with flow sensors, where a plurality of sensors are provided, each extending into one of the divided gases flow paths (see Fig. 1 where a flow path is divided into a plurality of flow path compartments, each having their own sensing unit 12 (flow cell 12)), and having a portion of the at least one internal wall upstream of each sensor (see Fig. 1 where a portion of the sidewalls of bracket 15 and conduit 10 are upstream of the flow cells 12).
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 gas flow compartments of the modified Zwaan device to have the internal wall upstream the sensor and the sensor partially extending into a compartment as taught by Wiseman, as it would measure air properties at a plurality of locations to determine an average value of the property, thereby increasing accuracy and reducing variance in the sensing (Wiseman; see Col. 4 line 63 to Col. 5 line 5).
The modified Zwaan device lacks a detailed description of the body comprising a conductive base, the conductive base forming at least a portion of the liquid reservoir. It is noted that Zwann does mention the humidification compartment containing a thermally conductive heatsink material within it (Zwaan; see Col. 3 line 62 to Col. 4 line 2).
However, Bath teaches a humidification system, where a body of the humidifier is made up of a conductive base attached to sidewalls, the base and sidewalls together forming at least a portion of the liquid reservoir (see Fig. 12 where a reservoir 5110 has sidewalls formed by base upper body 5146 and a reservoir base 5112 that has a conductor plate 5152, in order to thermally couple to a heater plate and improves heat transfer efficiency; see [0302]-[0304]).
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 shape and base of the modified Zwaan device to have a base with a conductor plate and the base attached to sidewalls as taught by Bath, as it would provide a conductive member on the base for efficient interaction with a heating element (Bath; see [0302]).
Regarding claim 4, the modified Zwaan device has wherein the flow conditioner comprises a baffle (Zwaan; see Fig. 7 baffle 16).
The modified Zwaan device lacks a detailed description of wherein the flow conditioner comprises one or more vanes.
However, Truitt further teaches a similar device for controlling and measuring a flow of air, where a flow conditioner comprises a plurality of vanes (see Figs. 6A-7 where flow resistive element 74 has a plurality of spokes 100 for affecting the flow of air to create a laminar flow (see Col. 6 line 54 to Col. 7 line 10)).
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 inlet and outlet baffles by the sensors of the modified Zwaan device to be flow conditioners as taught by Truitt, as it would create a laminar flow of air by the sensor to improve the accuracy and reduce the prevalence of erroneous measurements (Truitt; see Col. 2 lines 51-62 and Col. 7 lines 4-10).
Regarding claim 5, the modified Zwaan device has wherein the one or more vanes are configured to impart a tangential motion to gases flowing along the one or more vanes (Truitt; see Figs. 6A-6B where flow resistive element 74 has vanes (spokes 100) where the flow of gas over the vanes is tangential to the surface of vanes).
Regarding claim 6, the modified Zwaan device has wherein each vane of the one or more vanes converges upon an internal center of the inlet port (Truitt; see Figs. 6A-6B where flow resistive element 74 has vanes (spokes 100) which converge inward from the perimeter portion 104 to a central opening 110, the flow resistive element 74 being within the inlet port section of Zwaan).
Regarding claim 7, the modified Zwaan device has wherein the inlet port comprises a first section and second section, wherein the second section is opposite the first section, wherein each vane of the one or more vanes extends inwardly from the first section of to a position at or near a central location equidistant from the first section and the second section (Truitt; see Figs. 6A-6B where flow resistive element 74 has vanes (spokes 100), and is located in the inlet port section of Zwaan, such that a first section is the outer perimeter 104 and a second section is the central opening 110 which are located radially opposite one another, and the vanes extend from the outer perimeter 104 to the central opening 110 having a section of the spoke 100 that is near a central location between the perimeter 104 and opening 110).
Regarding claim 8, the modified Zwaan device has wherein each vane of the one or more vanes is configured to support an internal conduit located at or near the central location (Truitt; see Figs. 6A-6B where flow resistive element 74 has vanes (spokes 100) which surround and support the central opening 110).
Regarding claim 9, the modified Zwaan device has wherein each vane of the one or more vanes extends inwardly from an inner surface of the inlet port from positions equidistant with respect to an inner surface of the inlet port (Truitt; see Figs. 6A-6B where flow resistive element 74 has vanes (spokes 100) which extend inward from the perimeter 104, with the circumferential spacing between adjacent vanes being equidistant from one another with respect to the arc length of the circumference about perimeter 104).
Regarding claim 10, the modified Zwaan device has wherein each vane of the one or more vanes extends axially along a length of the inlet port (Truitt; see Figs. 6A-6B where flow resistive element 74 has vanes (spokes 100) which have a width that extends some amount down the length of the inlet port it is placed into of Zwaan).
Regarding claim 13, the modified Zwaan device has wherein each vane of the one or more vanes extends along a length of the inlet port at a constant pitch (Truitt; see Figs. 6A-6B where flow resistive element 74 has vanes (spokes 100) which have a width that extends some amount down the length of the inlet port it is placed into of Zwaan, and each of the spokes 100 has a constant pitch that it is angled at).
Regarding claim 15, the modified Zwaan device has wherein the one or more vanes comprises at least two vanes (Truitt; see Figs. 6A-6B where flow resistive element 74 has a plurality of vanes (spokes 100)).
Regarding claim 16, the modified Zwaan device has wherein the outlet port comprises at least one baffle defining a bent flow path through the outlet port (Zwaan; see Fig. 7 where the internal wall of transverse baffle member 9 (the unlabeled outlet one) alongside the bend of gases outlet 3 define a bend in the outlet flow path as seen by the curved flow path arrow).
Regarding claim 19, the modified Zwaan device has wherein the gases outlet defines an arcuate gases flow path from the humidification chamber (Zwaan; see Fig. 7 where the flow leaving the humidification section around water compartment 30 and to gas outlet 3 is arcuate as shown by the curved flow arrows).
Regarding claim 20, the modified Zwaan device has wherein at least a portion of a wall defining the gases outlet is angled to define an angled portion (Zwaan; see Fig. 7 where the transverse baffle member 9 (unlabeled one on the outlet end 3) defines at least a portion of the gases outlet, and is angled so as to have a generally “L” shape), wherein the wall extends from the humidification chamber to the gases outlet and the wall is tapered inwardly toward the gases outlet such that the gases outlet is widest adjacent the humidification chamber (Zwaan; see Fig. 7 where the transverse baffle member 9 (unlabeled one on the outlet end 3) extends from the exit of the humidification chamber around water compartment 30 to the outlet 3, such that it tapers inward (where the first part of the transverse baffle member 9, having baffle 16, tapers inward towards the radial center of the device), forming a widest part of the gases outlet in the tapered section, which is located adjacent to the humidification compartment about water compartment 30).
Regarding claim 22, the modified Zwaan device has wherein a sensor of the one or more sensors comprises a thermistor configured to measure temperature (Zwaan; see Fig. 7 temperature probe 64).
The modified Zwaan device lacks a detailed description of wherein a sensor of the one or more sensors comprises a pair of thermistor configured to measure flow rate and temperature.
However, Wiseman further teaches a sensor system for measuring fluid flow, where a flow compartment for gas flow contains a first and second thermistor (thermistor 24 within flow cell 12 and thermistor 36 in flow cell 14) where the second thermistor acts as a reference for measuring flow rate based on a cooling rate of the thermistors (see Col. 5 lines 35-44 and Col. 6 line 40 to Col. 7 line 15; see also Col. 1 line 60 to Col. 2 line 6).
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 thermistor sensor of the modified Zwaan device to include an additional reference thermistor to calculate airflow as taught by Wiseman, as it would provide temperature-dependent airflow sensing to improve the accuracy of detected airflow through the system by providing additional measurement.
Regarding claim 23, the modified Zwaan device has wherein the outlet port comprises a sensor port configured to receive a sensor (Zwaan; see Fig. 7 where the outlet path includes temperature prove 64, and a port formed in the sidewall of the hollow body 1).
Claims 3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zwaan in view of Truitt and Wiseman and Bath as applied to claims 2 and 16 above, respectively, and further in view of Barker et al. (US Pub. 2015/0059745).
Regarding claim 3, the modified Zwaan device has an inlet port comprising an aperture to receive the one or more sensors (Zwaan; see Fig. 7 the temperature probe 64 located in the gases inlet port 2 (unlabeled) where an aperture exists in hollow casing 4 to fit the probe 64, as modified by the sensors of Wiseman to extend at least partially into a compartment defined by the modified flow conditioner).
The modified Zwaan device lacks a detailed description of wherein the inlet port comprises at least two apertures to receive the one or more sensors.
However, Barker teaches a similar respiratory device where an inlet has at least two apertures to receive the one or more sensors (see Figs. 19-20 and 22 where mounting apertures 78/80 hold a temperature sensor 82 and flow rate sensor 84 (see also [0129]), where the sensor assembly is located in the inlet flow path (see [0126] and location of sensor assembly 60 in Figs. 15-18A)).
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 inlet flow path of the modified Zwaan device to include two apertures for fitting both a temperature and flow rate sensor as taught by Barker, as it would provide additional sensors regarding the properties of the incoming respiratory gas, to better monitor and adjust the incoming air to remain at desired levels of flow, temperature, and humidity.
Regarding claim 18, the modified Zwaan device has wherein the outlet port is elbow shaped, wherein the at least one internal wall comprises a curve portion adapted to mitigate resistance to a flow of gases passing through the outlet port (Zwaan; see Fig. 7 where the bend in transverse baffle 9 (unlabeled in the outlet) leading to outlet 3 is a curve that creates and elbow-shaped outlet, the widening of the flow path via the curve mitigating the amount of resistance to the flow by increasing cross-sectional area).
In the alternative that Zwaan lacks a detailed description of wherein the outlet port is elbow shaped, wherein the at least one internal wall comprises a curve portion adapted to mitigate resistance to a flow of gases passing through the outlet port, then it is taught by Barker.
Barker teaches a similar humidifier device where the outlet port is elbow shaped (see Fig. 9 where outlet 18 of humidifier 17 has an elbow-shaped connection with conduit 25), wherein the at least one internal wall comprises a curve portion adapted to mitigate resistance to a flow of gases passing through the outlet port (see Fig. 9 where the internal walls of conduit 25 are curved such that air flowing through has some amount of the resistance mitigated).
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 outlet shape of the modified Zwaan device to be an elbow with a curved internal wall as taught by Barker, as it would be a simple substitution of one outlet shape for another to yield the predictable result of providing an air outlet from the humidifier, with the added benefit of being angled such that the outlet can directly connect with a component that is not linear with the humidifier, allowing for space-saving designs.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Zwaan in view of Truitt in view of Wiseman in view of Bath as applied to claim 4 above, and further in view of Murray (US Pat. 5,367,604).
Regarding claim 11, the modified Zwaan device has wherein each vane of the one or more vanes extends along a length of the inlet port (Truitt; see Figs. 6A-7 where flow resistive element 74 has a plurality of spokes 100 that extend along the length of the inlet port of Zwaan).
The modified Zwaan device lacks a detailed description of wherein each vane of the one or more vanes extends spirally along a length of the inlet port.
However, Murray further teaches a similar respiratory device, where a vane for a humidifier is spiral-shaped along a length (see Figs. 6-7 and 9 where support means 14 are located on both the inlet and outlet sides of water compartment 16, having fins on the support means 14 to act as a baffle to improve the flow of air between different surfaces of the water compartment 16, the fins being arranged in a spiral pattern (see Fig. 9) along some length of the inlet).
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 spokes of the flow resistive element of the modified Zwaan device to be spirally arranged as further taught by Murray, as it would be a simple substitution of one shape of baffle member for another to yield the predictable result of guiding and mixing the gases, while also ensuring a proper air distribution across all the surfaces of the water compartment (Murray; see Col. 9 lines 40-46).
Regarding claim 12, the modified Zwaan device as modified in claim 11, has wherein each vane of the one or more vanes extends axially and spirally along a length of the inlet port (Murray; see Figs. 6-7 and 9 where support means 14 are located on both the inlet, the fins being arranged in a spiral pattern (see Fig. 9) along some length of the inlet, such that in the modified Zwaan device where the baffle member 16 of the inlet is located, the flow conditioner of Truitt is located there with spiral fin members as taught by Murray, thus having the spiral vanes be axially and spirally along some length of the inlet port of Zwaan).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Zwaan in view of Truitt and Wiseman and Bath as applied to claim 4 above, and further in view of Storsved (US Pat. 5,925,831).
Regarding claim 14, the modified Zwaan device has wherein the flow conditioner comprises one or more vanes (Truitt; see Figs. 6A-7 where flow resistive element 74 has a plurality of spokes 100).
The modified Zwaan device lacks a detailed description of wherein the flow conditioner comprises one or more vanes extending along a length of the inlet port at a variable pitch.
However, Storsved teaches a similar device for controlling and measuring a flow of air, where a flow conditioner comprises one or more vanes (see Figs. 2A-6 where vanes 34/ 35/ 36/ 37 are spaced apart about the sensing region, having a variable pitch via their arcuate shape).
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 inlet and outlet baffles of the modified Zwaan device to be a plurality of arcuate vanes as taught by Storsved, as it would allow for aerodynamic flow of the gas and a more consistent flow pattern around the sensors for improved accuracy (Storsved; see Col. 7 lines 10-22).
Terminal Disclaimer
The terminal disclaimer filed on 2/06/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Pat. 11,324,911 and US Pat. 11,712,536 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Allowable Subject Matter
Claim 21 is 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.
Response to Arguments
Applicant’s arguments with respect to claims 2-16, and 18-23 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record. Specifically, claim 2 is now rejected in light of teachings of Wiseman and Bath, instead of Murray, in order to meet the new claim limitations.
For the reasons above, the rejections hold.
Conclusion
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