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 .
Specification
The abstract of the disclosure is objected to because 1) legal phraseology, i.e., “comprises”, on line 2 should be avoided; and 2) at the end of the abstract, “Fig. 1a” should be deleted. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: On page 1 of the specification, applicant should update the “abandoned” status of the parent application.
Appropriate correction is required.
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 1-16 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.
In each of independent claims 1 and 12, the phrase “can flow” should be replaced by positive structural or process language, since the term “can” implies an optional nature to the elements of the claim being modified thereby.
Claim Rejections - 35 USC § 102
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.
Claims 1-5, and 8-16 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by WO 2015/167347 A1.
WO 2015/167347 A1 (Figs. 1 and 2; Abstract; paragraphs [0009]-[0010], [0013]-[0020], [0022], [0027]-[0028], [0030]-[0031], [0060], [0076], [0078], [0083], [0091]-[0092], [0095], [0097], [0099], [0103]-[0105], [0107]-[0108], [0121], claims 1-3, 6-9, 11-13) teach an apparatus and method for humidifying a gas stream to generate a respiratory gas to be delivered to a patient, comprising: a source device (101) for generating a gas flow stream, a process and apparatus for humidifying the gas stream including a plurality of spaced apart (thus thermally isolated, claim 5) humidification chambers (226A, 226B) connected in sequence for sequential flow of the gas stream therethrough, each humidification chamber including a liquid (229A, 229B) over which the gas stream can flow via pass-over humidification (see [0092], as it pertains to instant claim 11), wherein at least each of the chambers includes a nozzle (216A, 216B) configured (oriented vertically as shown in Fig. 2 with the underlying liquid surface oriented generally horizontally) to form the gas flow into a gas jet that impinges on the surface of the liquid in the humidification chamber (Fig. 2, and the reference disclosure do not indicate any structure that would impede or redirect the apparent vertically downward flow of the gas jet from the inlet nozzles prior to the contact of the gas jet formed thereby with the liquid surface), and an interface (124 in Fig. 1; paragraph [0083]) in the form of a full face mask, a partial face mask, a nasal tube or a mouthpiece on the end of the hose coupling (122 in Fig. 1) for delivering the humidified gas to the patient (claims 1-4, 8, 10-13, 15, and 16). With regard to instant claim 9, paragraph [0103] of the reference clearly discloses that a third humidification chamber with a third moisture may be used to optimize the humidification of the gas stream be delivered to the patient. With regard to claim 14, the reference clearly discloses that the moisture source in any given chamber may or may not be heated, and therefore the reference clearly contemplates the process parameters of instant claim 14, wherein gas exiting the first chamber would be cooled in a well understood manner by evaporative cooling, while the water in the final chamber could easily be heated to any temperature above the temperature of the gas stream exiting the first chamber to provide a warming of the gas stream exiting the final chamber by passing the gas over a relatively warmer eater source in the final chamber.
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.
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.
Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2015/167347 A1 taken together with Bingman.
WO 2015/167347 A1 (Figs. 1 and 2; Abstract; paragraphs [0009]-[0010], [0013]-[0020], [0022], [0027]-[0028], [0030]-[0031], [0060], [0076], [0078], [0083], [0091]-[0092], [0095], [0097], [0099], [0103]-[0105], [0107]-[0108], [0121], claims 1-3, 6-9, 11-13) as applied to claims 1-5, and 8-16 above, substantially disclose applicant’s invention as recited by instant claims 6 and 7, except for the humidification chamber wall being heat conductive, as recited by instant claim 6, and the passage for an exhaust gas stream between the heat conductive wall of the humidification chamber and the exterior wall of the device, as recited by instant claim 7.
Bingman (Fig. 1; page 1, col. 1, lines 3-6; page 1, col. 2, lines 5-11, 21-30, 36-41, 48-50, 55; page 2, col. 1, lines 1-2, 28-30, 38-41) discloses a gas stream humidification device for a breathable gas delivered to the interior of a building to be occupied by human residents, the gas stream being humidified through contact with water (10) within a humidification chamber (9) that is formed from heat conductive metal walls, the humidification chamber being surrounded by a passage for exhaust gas from the gas supply means, the passage being between the outside of the humidification chamber (9) and the exterior wall (1) of the device. It would have been obvious for an artisan at the time of the filing of the application, to modify the wall construction of the humidification chambers of WO ‘347, and to provide a gas passage between the humidification chambers thereof and the exterior wall of the WO ‘347 apparatus, in view of Bingman, since such would allow for the device to equilibrate with either the ambient atmosphere, or with the gas from the gas supply source, thereby taking advantage of the higher possible humidity level of the delivered gas stream associated with warmer surrounding air, rather than a relatively cold moisture source within the humidification chamber(s).
Applicant should note that instant claims 1-5, and 8-16 are included in this rejection statement, not through necessity, but as a backup rejection in anticipation of applicant arguing that the vertically directed gas inlets of WO ‘347 into the serially arranged humidification chambers, do not in fact provide for an impinging gas jet onto the surface of the water within the humidification chamber(s). In any event, Bingman is quite clear as to the advantages of directing a high velocity stream of gas perpendicularly against a water surface within a gas treatment (humidification) chamber, and as such, even in the event that applicant cannot agree that the WO ‘347 reference teaches the claimed impinging gas jets, such would have been entirely obvious, in view of the teaching of Bingman, since such would create intense contact between the phases, providing both a cleansing and humidifying function.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO 2019/111110 A1, as cited by applicant on the IDS filed October 24, 2023, is considered to also teach the gas passage between the humidification chamber and the exterior wall of the device (see Abstract; Fig. 8, for example).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S BUSHEY whose telephone number is (571)272-1153. The examiner can normally be reached M-Th 6:30-5:00.
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/C.S.B/1-8-26
/CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776