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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-9, in the reply filed on 6/22/2026 is acknowledged.
Claim Objections
Claims 10-20 are objected to because of the following informalities:
As Applicant has elected to Group I, claims 1-9, in the reply filed 6/22/2026, claims 10-20 should be amended with a “(withdrawn)” indicator in the claim set.
Appropriate correction is required.
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.
Claim(s) 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sipes, Jr. et al. (US 2021/0308400 A1).
Regarding claim 1, Sipes discloses a control unit for controlling a ventilator system (controller 170 configured to control a ventilator system, Abstract, Figure 1 and Paragraph 0042), the control unit comprising: a memory containing machine readable medium comprising machine executable code having stored thereon instructions (the controller 170 further includes a non-transitory memory which stores executable instructions which configure the controller 170 to communicate with and control the pneumatic system in order to implement a variety of treatment protocols and regimens, Paragraph 0065); and a control system coupled to the memory comprising one or more processors (memory comprising one or more processors, Paragraph 0104), the control system configured to execute the machine executable code to cause the control system to: identify one or more hardware components connected to the ventilator system, select one or more corresponding drivers to run the one or more identified hardware components (the controller 170 may communicate with a motor controller/driver of a pneumatic system, and utilize sensor values and/or stored algorithms to appropriately provide control signals to the motor controller/driver in accordance with the treatment settings, the controller may also appropriately control valves of the pneumatic system to accomplish respective operations (such as closing an exhaust valve during an assisted inhalation and opening the exhaust valve for an exhalation), Paragraph 0087 and Figure 1)); receive, via a user interface (user interface 190, Figure 1 and Paragraph 0076), a ventilator control mode (controller receives user inputs to select a ventilation mode, Paragraph 0090, and Figure 5a); create an instance of the ventilator control mode (step 530 for selecting and performing a ventilator control function, Paragraph 0090 and Figure 5a); create, based on the ventilator control mode, an instance for each of an inhale cycle (the inspiratory channel comprises a blower connected to the oxygen source, wherein the blower is configured to be controlled by the controller, and to deliver oxygen to the patient via the inspiratory channel, Abstract; see also Paragraph 0079 describing the ventilation treatment mode including a series of repeating “breath loops” which include an inhalation portion and exhalation portion, with the ventilation system may provide a respective manner of assistance and control for the inhalation portion and/or exhalation portion of each breath cycle depending on the selected mode and the settings of the selected mode), an exhale cycle (the expiratory channel includes an exhaust valve configured to be controlled by the controller and an outlet, Abstract; see also Paragraph 0079 describing the ventilation treatment mode including a series of repeating “breath loops” which include an inhalation portion and exhalation portion, with the ventilation system may provide a respective manner of assistance and control for the inhalation portion and/or exhalation portion of each breath cycle depending on the selected mode and the settings of the selected mode), and a wait cycle (standby state of the ventilator wherein the treatment is paused, Paragraph 0077 and Figure 5a), wherein each instance includes instructions for at least one hardware component of the one or more hardware components (during either the inhalation or exhalation cycles of the breathing cycle, the controller is configured to adjust either the blower or the exhaust valve, Abstract); and signal the instance for each of the inhale cycle, the exhale cycle, and the exhale cycle to perform function in loop (the ventilation system is signaled to repeat a series of repeating “breath loops”, Paragraph 0079 and stage 541 as shown in Figure 5a).
Regarding claim 2, Sipes further discloses wherein the control system is further configured to: receive, via the user interface, a command to stop the ventilator control mode; and stop the cycles (treatment may be paused, Paragraph 0077 and stage 501, Figure 5a).
Regarding claim 3, Sipes further discloses wherein the one or more hardware components include at least one of a flow meter (flow meter 161, Paragraph 0040 and Figure 1), a pressure sensor (pressure sensor 155, Paragraph 0040 and Figure 1), a carbon dioxide sensor (carbon dioxide sensor, Paragraph 0012), and a variable aperture gas valve, and a binary open / close gas valve (exhaust valve 125, Paragraph 0048).
Regarding claim 4, Sipes further discloses wherein the functions are compartmentalized into a plurality of independent computational threads (the controller 170 further includes a non-transitory memory which stores executable instructions which configure the controller 170 to communicate with and control the pneumatic system in order to implement a variety of treatment protocols and regimens, Paragraph 0065, therefore fully capable of being compartmentalized into a plurality of individual threads)
Regarding claim 5, Sipes further discloses wherein the plurality of independent computation threads include at least one of a ventilator master controller (master ventilator controller 170, Paragraph 0042), a ventilator control mode (various ventilator control modes, Paragraph 0021), a scheduler for an inter-integrated circuit bus, an error detection watchdog, a graphical user interface (GUIs, Paragraph 0076), and a ventilator software signal stimulator for the ventilator software (ventilator control software, Paragraph 0034).
Regarding claim 6, Sipes further discloses for each of the inhale cycle, the exhale cycle, and the wait cycle, a respective independent computational thread of the plurality of independent computational threads is instantiated and de-constructed as needed to complete its specific tasks (see Paragraph 0079 describing the ventilation treatment mode including a series of repeating “breath loops” which include an inhalation portion and exhalation portion, with the ventilation system may provide a respective manner of assistance and control for the inhalation portion and/or exhalation portion of each breath cycle depending on the selected mode and the settings of the selected mode, therefore fully capable of independent threads being initiated and deconstructed in order to complete the necessary commands)
Regarding claim 7, Sipes further discloses wherein the ventilator control mode includes at least one of a volume control mode (volume control mode, Paragraph 0021), a continuous positive airway pressure mode (CPAP mode, Paragraph 0021), synchronized intermittent mandatory ventilation mode (synchronized intermittent mandatory ventilation, Paragraph 0021), and a standby mode (standby mode, Paragraph 0077).
Regarding claim 8, Sipes further discloses further comprising a heartbeat generator unit configured to generate a periodic electronic signal based on receiving register signal from one or more independent computational threads (different sensors may be built into ventilation system to include heart EKG sensors, Paragraph 0067).
Regarding claim 9, Sipes further discloses further comprising a heartbeat monitor unit configured to terminate and restart a main ventilator thread with last registered parameters if the periodic electronic signal is not received within a predefined time interval (different sensors may be built into ventilation system to include heart EKG sensors, fully capable of being used by the ventilator controller to start/terminate ventilation commands as desired for specific treatments, Paragraph 0067).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Cewers (US 8161970 B2), Welder (US 2011/0100365 A1), and Tham (US 2010/095964 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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, Brandy Lee can be reached on (571)-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785
Prosecution Insights