DETAILED ACTION
This Office Action is in response to the election/restriction response, filed on July 20, 2026. Primary Examiner acknowledges Claims 21-50 are pending in this application, with Claims 33-50 having been withdrawn from consideration, and Claims 1-20 having been cancelled.
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 21-32, in the reply filed on July 20, 2026 is acknowledged.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference character “4272” has been used to designate “pressure sensors” (Para 00161) and “pressure transducer”. Appropriate correction is required.
Reference character “4274” has been used to designate “flow sensors” (Para 00161), “flow rate transducer” (Para 00179) and “flow transducer”. Appropriate correction is required.
Reference character “4280” has been used to designate “data communications interface”, “data communications systems” (Heading 5.4.1.8). Appropriate correction is required.
Reference character “4314” has been used to designate “vent flow” (Head 5.4.2.1.2) and “vent flow calculation algorithm” (Para 00220), “vent flow algorithm” (Para 00218). Appropriate correction is required.
Reference character “4321” has been used to designate “phase determination” (Heading 5.4.2.2.1), “phase determination algorithm”. Appropriate correction is required.
Reference character “4322” has been used to designate “waveform determination” (Heading 5.4.2.2.2), “waveform determination algorithm”. Appropriate correction is required.
Reference character “4323” has been used to designate “ventilation determination” (Heading 5.4.2.2.3), “ventilation determination algorithm”. Appropriate correction is required.
Reference character “4324” has been used to designate “Determination of Inspiratory Flow Limitation” (Heading 5.4.2.2.4), “one or more algorithms”. Appropriate correction is required.
Reference character “4325” has been used to designate “Determination of Apneas and Hypopneas” (Heading 5.4.2.2.5), “one or more algorithms”. Appropriate correction is required.
Reference character “4326” has been used to designate “Determination of Snore” (Heading 5.4.2.2.6), “one or more snore algorithms”, “algorithm” (Para 00250 – 2 instances). Appropriate correction is required.
Reference character “4327” has been used to designate “Determination of Airway Patency” (Heading 5.4.2.2.7), “one or more algorithms” (Para 00251), “airway patency algorithm” . Appropriate correction is required.
Reference character “4328” has been used to designate “Determination of Therapy Parameter Determination” (Heading 5.4.2.2.8), “one or more therapy parameter determination algorithms”, “algorithm” (Para 00258). Appropriate correction is required.
Reference character “5110” has been used to designate “humidifier reservoir”, “reservoir” (e.g. Para 00134, 00135, 00136, 00138, 00141, 00143), “water reservoir” (e.g. Para 00269). Appropriate correction is required.
Reference character “5112” has been used to designate “water reservoir base”, “humidifier reservoir base”, “base portion”, “base”, “reservoir base”. Appropriate correction is required.
Reference character “5114” has been used to designate “lid”, “water reservoir lid”, “humidifier lid”, “lid portion”, “humidifier reservoir lid”, “reservoir lid”. Appropriate correction is required.
Reference character “5118” has been used to designate “inlet” and “reservoir inlet” (Para 00325). Appropriate correction is required.
Reference character “5122” has been used to designate “outlet” and “reservoir outlet”. Appropriate correction is required.
Reference character “5124” has been used to designate “inlet tube” “removable inlet tube”, “tubes”. Appropriate correction is required.
Reference character “5125” has been used to designate “inlet tube inner end”, “interior end”. Appropriate correction is required.
Reference character “5128” has been used to designate “end wall”, “inner end wall”. Appropriate correction is required.
Reference character “5130” has been used to designate “water reservoir dock”, “humidifier dock”, “reservoir dock”. Appropriate correction is required.
Reference character “5142” has been used to designate “a protrusion or a clip”, “lid protrusion”, “lid retention protrusion” (Para 00129). Appropriate correction is required.
Reference character “5152” has been used to designate “base conductor plate” and “conductor plate” (Para 00323). Appropriate correction is required.
Reference character “5154, 5156” has been used to designate “handle recess”, “reservoir handles”, “handles”. Appropriate correction is required.
Reference character “5160” has been used to designate “dock cavity”, “internal dock cavity”, “cavity”. Appropriate correction is required.
Reference character “5186” has been used to designate “reservoir latch”, “latch”. Appropriate correction is required.
Reference character “5194” has been used to designate “support spokes”, “spokes”. Appropriate correction is required.
Reference character “5212” has been used to designate “rigid portion” and “right portion” (Para 00370). Appropriate correction is required.
Reference characters “4324”, “4326”, “4328” have been used to designate “algorithm”. Appropriate correction is required.
Reference character “5112” and “5174” have been used to designate “base”. Appropriate correction is required.
Reference character “5116” and “5178” have been used to designate “complaint portion”. Appropriate correction is required.
Reference character “5000” and “5110” have been used to designate “humidifier”. Appropriate correction is required.
Reference character “5125” and “5127” have been used to designate “inner end”. Appropriate correction is required.
Reference characters “4300”, “4324”, “4325” and “4327” have been used to designate “one or more algorithms”. Appropriate correction is required.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract, filed on October 31, 2023, has a word count greater than 150 words in length. Appropriate correction is required.
The disclosure is objected to because of the following informalities:
Reference character “4272” has been used to designate “pressure sensors” (Para 00161) and “pressure transducer”. Appropriate correction is required.
Reference character “4274” has been used to designate “flow sensors” (Para 00161), “flow rate transducer” (Para 00179) and “flow transducer”. Appropriate correction is required.
Reference character “4280” has been used to designate “data communications interface”, “data communications systems” (Heading 5.4.1.8). Appropriate correction is required.
Reference character “4314” has been used to designate “vent flow” (Head 5.4.2.1.2) and “vent flow calculation algorithm” (Para 00220), “vent flow algorithm” (Para 00218). Appropriate correction is required.
Reference character “4321” has been used to designate “phase determination” (Heading 5.4.2.2.1), “phase determination algorithm”. Appropriate correction is required.
Reference character “4322” has been used to designate “waveform determination” (Heading 5.4.2.2.2), “waveform determination algorithm”. Appropriate correction is required.
Reference character “4323” has been used to designate “ventilation determination” (Heading 5.4.2.2.3), “ventilation determination algorithm”. Appropriate correction is required.
Reference character “4324” has been used to designate “Determination of Inspiratory Flow Limitation” (Heading 5.4.2.2.4), “one or more algorithms”. Appropriate correction is required.
Reference character “4325” has been used to designate “Determination of Apneas and Hypopneas” (Heading 5.4.2.2.5), “one or more algorithms”. Appropriate correction is required.
Reference character “4326” has been used to designate “Determination of Snore” (Heading 5.4.2.2.6), “one or more snore algorithms”, “algorithm” (Para 00250 – 2 instances). Appropriate correction is required.
Reference character “4327” has been used to designate “Determination of Airway Patency” (Heading 5.4.2.2.7), “one or more algorithms” (Para 00251), “airway patency algorithm” . Appropriate correction is required.
Reference character “4328” has been used to designate “Determination of Therapy Parameter Determination” (Heading 5.4.2.2.8), “one or more therapy parameter determination algorithms”, “algorithm” (Para 00258). Appropriate correction is required.
Reference character “5110” has been used to designate “humidifier reservoir”, “reservoir” (e.g. Para 00134, 00135, 00136, 00138, 00141, 00143), “water reservoir” (e.g. Para 00269). Appropriate correction is required.
Reference character “5112” has been used to designate “water reservoir base”, “humidifier reservoir base”, “base portion”, “base”, “reservoir base”. Appropriate correction is required.
Reference character “5114” has been used to designate “lid”, “water reservoir lid”, “humidifier lid”, “lid portion”, “humidifier reservoir lid”, “reservoir lid”. Appropriate correction is required.
Reference character “5118” has been used to designate “inlet” and “reservoir inlet” (Para 00325). Appropriate correction is required.
Reference character “5122” has been used to designate “outlet” and “reservoir outlet”. Appropriate correction is required.
Reference character “5124” has been used to designate “inlet tube” “removable inlet tube”, “tubes”. Appropriate correction is required.
Reference character “5125” has been used to designate “inlet tube inner end”, “interior end”. Appropriate correction is required.
Reference character “5128” has been used to designate “end wall”, “inner end wall”. Appropriate correction is required.
Reference character “5130” has been used to designate “water reservoir dock”, “humidifier dock”, “reservoir dock”. Appropriate correction is required.
Reference character “5142” has been used to designate “a protrusion or a clip”, “lid protrusion”, “lid retention protrusion” (Para 00129). Appropriate correction is required.
Reference character “5152” has been used to designate “base conductor plate” and “conductor plate” (Para 00323). Appropriate correction is required.
Reference character “5154, 5156” has been used to designate “handle recess”, “reservoir handles”, “handles”. Appropriate correction is required.
Reference character “5160” has been used to designate “dock cavity”, “internal dock cavity”, “cavity”. Appropriate correction is required.
Reference character “5186” has been used to designate “reservoir latch”, “latch”. Appropriate correction is required.
Reference character “5194” has been used to designate “support spokes”, “spokes”. Appropriate correction is required.
Reference character “5212” has been used to designate “rigid portion” and “right portion” (Para 00370). Appropriate correction is required.
Reference characters “4324”, “4326”, “4328” have been used to designate “algorithm”. Appropriate correction is required.
Reference character “5112” and “5174” have been used to designate “base”. Appropriate correction is required.
Reference character “5116” and “5178” have been used to designate “complaint portion”. Appropriate correction is required.
Reference character “5000” and “5110” have been used to designate “humidifier”. Appropriate correction is required.
Reference character “5125” and “5127” have been used to designate “inner end”. Appropriate correction is required.
Reference characters “4300”, “4324”, “4325” and “4327” have been used to designate “one or more algorithms”. Appropriate correction is required.
Claim Objections
Claim 32 is objected to because of the following informalities:
Claim 32, Line 2 recites “the water reservoir dock”; however, this is a grammatically incorrect article since the “water reservoir dock” has not been introduced. It appears the recitation should be “a water reservoir dock”. Appropriate correction is required.
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 21, 23, 25-27, 30, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over DiMatteo et al. (2006/0055069) in view of Contreras, Sr. (4,917,131).
As to Claim 21, DiMatteo discloses a water reservoir (42, Figures 1, 2, and 6D, “As seen in FIG. 2, the humidifier has a ventilator dock 40 and a removable water chamber 42.” Para 0022) for use with a respiratory pressure therapy (RPT) device (32 via 30, best seen Figure 1, “FIG. 1 schematically illustrates an exemplary embodiment of a humidifier and ventilator assembly 30 according to the principles of the present invention. The assembly includes a ventilator 32 and a humidifier 34. As used herein, ventilator 32 may be a pressure support system or PAP device.” Para 0021) for pressurizing breathable air to treat a respiratory disorder in a patient, the water reservoir (42) comprising: a water reservoir base (54, “Water chamber 42 includes a base plate 52 and a cover 54 removably sealed with base plate 52. Cover 54 is removably sealed with base plate 52 so that water chamber 42 can retain water and yet be easily separated for cleaning and maintenance. However, the cover 54 could also be fixedly attached to the base plate. … Cover 54 has an inlet port 56 and an outlet port 58. The inlet port is connected to the air outlet on ventilator 32. The outlet port on the cover is connected to the delivery conduit, not shown, to deliver the humid, pressurized air to the user. Cover 54 has four side walls 60 terminating at an upper wall 62. Side walls 60 define an opening 64.” Para 0023 and 0024) configured to hold a volume of water to be used for humidification of pressurized breathable air, the water reservoir base (54) including a conductor plate (52, “Water chamber 42 includes a base plate 52 and a cover 54 removably sealed with base plate 52. Cover 54 is removably sealed with base plate 52 so that water chamber 42 can retain water and yet be easily separated for cleaning and maintenance.” Para 0023 and “One unique aspect of the present invention is that base plate 52 is formed from a thermally conductive composite material.” Para 0026) constructed from a heat conducting material (“thermally conductive composite material” Para 0026), the conductor plate (52) being configured to therapy engage with a heater plate (48, “The ventilator dock also has a heater plate 48 surrounded by a ledge 50. Heater plate 48 is used to deliver thermal energy to the removable water chamber 42. Ledge 50 provides a barrier to prevent unintentional contact with heater plate 48 by the user or other items present in the user's environment.” Para 0022) of a water reservoir dock (40, “As seen in FIG. 2, the humidifier has a ventilator dock 40 and a removable water chamber 42.” Para 0022) of the RPT device (32 via 30) so as to allow transfer of heat from the heater plate (48) to the conductor plate (52) when the water reservoir (42) is connected to the water reservoir dock (40) and the heater plate (48) is operable; a water reservoir lid (102, “In a fourth alternative embodiment, as shown in FIG. 6D, cover 54 is attached to base plate 52 and has a lid 102 attached with a pivot hinge 96 to the cover 54 such that the lid 102 can be pivoted between an open position and a closed position. When in the closed position, the lid 102 is held in place by latch 104. The lid 102 includes air outlet 38. Base plate 52 is press-fit to cover 54. Lid 102 also includes a channel 98 into which a projection 100 on cover 54 is inserted.” Para 0033) connected to the water reservoir base (54), wherein the water reservoir lid (102) and the water reservoir base (54) are connected via a joint (96, “In a fourth alternative embodiment, as shown in FIG. 6D, cover 54 is attached to base plate 52 and has a lid 102 attached with a pivot hinge 96 to the cover 54 such that the lid 102 can be pivoted between an open position and a closed position.” Para 0033) positioned proximate a first end (proximate the inlet port 56) of the water reservoir (42); a retainer (50, “The ventilator dock also has a heater plate 48 surrounded by a ledge 50. Heater plate 48 is used to deliver thermal energy to the removable water chamber 42. Ledge 50 provides a barrier to prevent unintentional contact with heater plate 48 by the user or other items present in the user's environment.” Para 0022) configured to secure the water reservoir (42) to the water reservoir dock (40); a latch (104, “When in the closed position, the lid 102 is held in place by latch 104.” Para 0033) that secures the water reservoir lid (102) and the water reservoir base (54), the latch (104) being positioned on the water reservoir (42) proximate a second end (proximate the outlet port 58) that Is opposite the first end (proximate the inlet port 56); and a water reservoir inlet (56, “Cover 54 has an inlet port 56 and an outlet port 58.” Para 0024) and a water reservoir outlet (58, “Cover 54 has an inlet port 56 and an outlet port 58.” Para 0024) positioned on a common side (top view as seen in Figure 6D) of the water reservoir (42) so as to face a common direction (best seen 6D).
Yet, DiMatteo does not expressly disclose the use of “a pair of joints” to connect the water reservoir lid (102) and the water reservoir base (54). Nevertheless, the construction of “a pair of joints” to support a hinged/pivoted construction between two components was known to provide access to open and/or close the container.
Contreras teaches a container (2, best seen Figures 1-10, “Referring to the drawings in detail, and initially to FIGS. 1-19 thereof, the compact or container 2 according to the first embodiment of the present invention generally include a base member 4, a cover member 6, a hinge assembly 8 which pivotally connects cover member 6 to base member 4 for movement between an open and closed position, an insert assembly 10 positioned within base member 4, a front latch assembly generally designated 12 for locking cover member 6 to base member 4 in the closed position, and a front release mechanism 14 which disengages the front latch assembly to open the compact case in response to an externally applied force.” Column 4, Lines 35-55) having the construction of two components (4 and 6, wherein 4 – “a base member 4” and wherein 6 – “a cover member 6”) are retained in a hinged/pivoted construction (8, “a hinge assembly 8 which pivotally connects cover member 6 to base member 4 for movement between an open and closed position”) to permit access to open and/or close the container (2).
Expressly, Contreras teaches the construction of the hinged/pivoted feature may be constructed from “a single hinge pin, not shown, rather than two hinge pins 44a and 44b can be used. In this manner, cover member 6 is hingedly connected at the rear end thereof to base member 4.” (Column 5, Lines 10-30) in order to support the hinged/pivoted construction to permit access to open and/or close the container (2), whereby the use of “a single hinge pin” is a functionally equivalent alternative to “two hinge pins 44a and 44b” in order to yield the hinged/pivoted construction.
Hence, the decision to construct the container from a single hinge as implied by DiMatteo or from a “pair of joints” achieved by two distinct hinge pins as shown in Contreras is a known functionally equivalent alternative construction suitable for imparting a hinged/pivoted configuration of the two components of the container to permit access to open and/or close the container.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the single hinge of DiMatteo to be constructed from “a pair of joints” achieved by two distinct hinge pins as taught by Contreras to yield imparting a hinged/pivoted configuration of the two components of the container to permit access to open and/or close the container.
As to Claim 23, the modified DiMatteo, specifically DiMatteo discloses the water reservoir inlet (56) Is associated with an inlet conduit (via 38 of 30, “Ventilator 32 has an air intake 36 and an air outlet 38. The ventilator receives unpressurized air via air intake 36, pressurizes the air, and then forces the air out air outlet 38.” Para 0021), at least a portion of which is being angled (via the directionality of gas flow from a lateral position leaving 38 to a vertical position within 42 to engage the water within) to redirect incoming pressurized air in a direction that is angled relative to the water reservoir inlet (56).
As to Claim 25, the modified DiMatteo, specifically DiMatteo discloses the configuration of a hinged/pivoted structure between the water reservoir lid (102) and the water reservoir base (54), whereby Contreras teaches the hinged/pivoted structure in the form of a pair of joints – with “two hinge pins 44a and 44b” to permit the opening and closing of the container.
In this modified construction of DiMatteo with Contreras, the water reservoir lid (102) of the modified DiMatteo includes a pair of hubs (40a/b, best seen Figures 4 and 7, “FIGS. 4, 7, 9 and 10 show spaced coacting and projecting hinge members 40a and 40b formed on cover member 6 on centers which correspond to the centers of recesses 26a and 26b in the base member 4.” Column 5, Lines 10-30) oriented on the lid (6) and a pair of sockets (26a/b, “At the rear of base member 4, as shown in FIGS. 4, 6, 8 and 10, are spaced hinge supports 23a, 23b and 23c with aligned hinge pin shaft openings 24a, 24b and 24c, respectively. The hinge supports 23a, 23b and 23c define two spaced recesses 26a and 26b, respectively, as shown in FIGS. 4, 6 and 10 of the drawings.” Column 4, Lines 55-70; also see: “FIGS. 4, 7, 9 and 10 show spaced coacting and projecting hinge members 40a and 40b formed on cover member 6 on centers which correspond to the centers of recesses 26a and 26b in the base member 4. The spaced hinge members 40a and 40b in assembled position depend downwardly from the rear end section of peripheral wall 32 and are molded and formed continuous therewith. The hinge members 40a and 40b have aligned hinge pin shaft openings as at 42a and 42b so that when hinge members 40a and 40b are aligned and fitted into spaced recesses 26a and 26b, hinge pins 44a and 44b respectively, can be pressed through the aligned hinge pin shaft openings as at 24a, 42a and 24b for one set of hinge elements and 24c, 42b and 24b for the other set of hinge elements.” Column 5, Lines 10-30) oriented on the base (4) to receive the pair of hubs (40a/b) and a support (insertion of 44a/44b therethrough) to engage a part of the lid (6), when the lid (6) is pivotally opened to a fully open, upright position.
Thus, imparting the hinged/pivoted configuration of the two components of the container to permit access to open and/or close the container.
As to Claim 26, the modified DiMatteo, specifically DiMatteo discloses an elastomeric seal (72, best seen 6E, “In one embodiment, base plate 52 also has a gasket 72 to provide a fluid-tight seal when base plate 52 is coupled to cover 54. Gasket 72 is formed from silicon.” Para 0025) between the water reservoir lid (102) and the water reservoir base (54).
As to Claim 27, the modified DiMatteo, specifically DiMatteo discloses an elastomeric seal (72) is attached (at 100, when closed as seen in Figure 6E) to the water reservoir lid (102).
As to Claim 30, the modified DiMatteo, specifically DiMatteo discloses the first end (proximate the inlet port 56) is configured to be inserted into the reservoir dock (40), and the second end (proximate the outlet port 58) is configured to be exposed outside (Figures 1 and 2) the reservoir dock (40) when the first end (proximate the inlet port 56) is inserted into the reservoir dock (40).
As to Claim 32, DiMatteo discloses a respiratory pressure therapy (RPT) device (32 via 30, best seen Figure 1, “FIG. 1 schematically illustrates an exemplary embodiment of a humidifier and ventilator assembly 30 according to the principles of the present invention. The assembly includes a ventilator 32 and a humidifier 34. As used herein, ventilator 32 may be a pressure support system or PAP device.” Para 0021) comprising: a housing (the combination of 30 and 40, wherein 30 – “a humidifier and ventilator assembly 30” and wherein 40 – “As seen in FIG. 2, the humidifier has a ventilator dock 40 and a removable water chamber 42.” Para 0022) enclosing a blower (via 32, 32, “The assembly includes a ventilator 32 and a humidifier 34. As used herein, ventilator 32 may be a pressure support system or PAP device.” Para 0021) and forming a water reservoir dock (40, “As seen in FIG. 2, the humidifier has a ventilator dock 40 and a removable water chamber 42.” Para 0022); and a water reservoir (42, Figures 1, 2, and 6D, “As seen in FIG. 2, the humidifier has a ventilator dock 40 and a removable water chamber 42.” Para 0022) for use with a respiratory pressure therapy (RPT) device (32 via 30, best seen Figure 1, “FIG. 1 schematically illustrates an exemplary embodiment of a humidifier and ventilator assembly 30 according to the principles of the present invention. The assembly includes a ventilator 32 and a humidifier 34. As used herein, ventilator 32 may be a pressure support system or PAP device.” Para 0021) for pressurizing breathable air to treat a respiratory disorder in a patient, the water reservoir (42) comprising: a water reservoir base (54, “Water chamber 42 includes a base plate 52 and a cover 54 removably sealed with base plate 52. Cover 54 is removably sealed with base plate 52 so that water chamber 42 can retain water and yet be easily separated for cleaning and maintenance. However, the cover 54 could also be fixedly attached to the base plate. … Cover 54 has an inlet port 56 and an outlet port 58. The inlet port is connected to the air outlet on ventilator 32. The outlet port on the cover is connected to the delivery conduit, not shown, to deliver the humid, pressurized air to the user. Cover 54 has four side walls 60 terminating at an upper wall 62. Side walls 60 define an opening 64.” Para 0023 and 0024) configured to hold a volume of water to be used for humidification of pressurized breathable air, the water reservoir base (54) including a conductor plate (52, “Water chamber 42 includes a base plate 52 and a cover 54 removably sealed with base plate 52. Cover 54 is removably sealed with base plate 52 so that water chamber 42 can retain water and yet be easily separated for cleaning and maintenance.” Para 0023 and “One unique aspect of the present invention is that base plate 52 is formed from a thermally conductive composite material.” Para 0026) constructed from a heat conducting material (“thermally conductive composite material” Para 0026), the conductor plate (52) being configured to therapy engage with a heater plate (48, “The ventilator dock also has a heater plate 48 surrounded by a ledge 50. Heater plate 48 is used to deliver thermal energy to the removable water chamber 42. Ledge 50 provides a barrier to prevent unintentional contact with heater plate 48 by the user or other items present in the user's environment.” Para 0022) of a water reservoir dock (40, “As seen in FIG. 2, the humidifier has a ventilator dock 40 and a removable water chamber 42.” Para 0022) of the RPT device (32 via 30) so as to allow transfer of heat from the heater plate (48) to the conductor plate (52) when the water reservoir (42) is connected to the water reservoir dock (40) and the heater plate (48) is operable; a water reservoir lid (102, “In a fourth alternative embodiment, as shown in FIG. 6D, cover 54 is attached to base plate 52 and has a lid 102 attached with a pivot hinge 96 to the cover 54 such that the lid 102 can be pivoted between an open position and a closed position. When in the closed position, the lid 102 is held in place by latch 104. The lid 102 includes air outlet 38. Base plate 52 is press-fit to cover 54. Lid 102 also includes a channel 98 into which a projection 100 on cover 54 is inserted.” Para 0033) connected to the water reservoir base (54), wherein the water reservoir lid (102) and the water reservoir base (54) are connected via a joint (96, “In a fourth alternative embodiment, as shown in FIG. 6D, cover 54 is attached to base plate 52 and has a lid 102 attached with a pivot hinge 96 to the cover 54 such that the lid 102 can be pivoted between an open position and a closed position.” Para 0033) positioned proximate a first end (proximate the inlet port 56) of the water reservoir (42); a retainer (50, “The ventilator dock also has a heater plate 48 surrounded by a ledge 50. Heater plate 48 is used to deliver thermal energy to the removable water chamber 42. Ledge 50 provides a barrier to prevent unintentional contact with heater plate 48 by the user or other items present in the user's environment.” Para 0022) configured to secure the water reservoir (42) to the water reservoir dock (40); a latch (104, “When in the closed position, the lid 102 is held in place by latch 104.” Para 0033) that secures the water reservoir lid (102) and the water reservoir base (54), the latch (104) being positioned on the water reservoir (42) proximate a second end (proximate the outlet port 58) that Is opposite the first end (proximate the inlet port 56); and a water reservoir inlet (56, “Cover 54 has an inlet port 56 and an outlet port 58.” Para 0024) and a water reservoir outlet (58, “Cover 54 has an inlet port 56 and an outlet port 58.” Para 0024) positioned on a common side (top view as seen in Figure 6D) of the water reservoir (42) so as to face a common direction (best seen 6D), and the water reservoir (42) is slidingly engageable (best seen Figures 1 and 2) with the water reservoir dock (40).
Yet, DiMatteo does not expressly disclose the use of “a pair of joints” to connect the water reservoir lid (102) and the water reservoir base (54). Nevertheless, the construction of “a pair of joints” to support a hinged/pivoted construction between two components was known to provide access to open and/or close the container.
Contreras teaches a container (2, best seen Figures 1-10, “Referring to the drawings in detail, and initially to FIGS. 1-19 thereof, the compact or container 2 according to the first embodiment of the present invention generally include a base member 4, a cover member 6, a hinge assembly 8 which pivotally connects cover member 6 to base member 4 for movement between an open and closed position, an insert assembly 10 positioned within base member 4, a front latch assembly generally designated 12 for locking cover member 6 to base member 4 in the closed position, and a front release mechanism 14 which disengages the front latch assembly to open the compact case in response to an externally applied force.” Column 4, Lines 35-55) having the construction of two components (4 and 6, wherein 4 – “a base member 4” and wherein 6 – “a cover member 6”) are retained in a hinged/pivoted construction (8, “a hinge assembly 8 which pivotally connects cover member 6 to base member 4 for movement between an open and closed position”) to permit access to open and/or close the container (2).
Expressly, Contreras teaches the construction of the hinged/pivoted feature may be constructed from “a single hinge pin, not shown, rather than two hinge pins 44a and 44b can be used. In this manner, cover member 6 is hingedly connected at the rear end thereof to base member 4.” (Column 5, Lines 10-30) in order to support the hinged/pivoted construction to permit access to open and/or close the container (2), whereby the use of “a single hinge pin” is a functionally equivalent alternative to “two hinge pins 44a and 44b” in order to yield the hinged/pivoted construction.
Hence, the decision to construct the container from a single hinge as implied by DiMatteo or from a “pair of joints” achieved by two distinct hinge pins as shown in Contreras is a known functionally equivalent alternative construction suitable for imparting a hinged/pivoted configuration of the two components of the container to permit access to open and/or close the container.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the single hinge of DiMatteo to be constructed from “a pair of joints” achieved by two distinct hinge pins as taught by Contreras to yield imparting a hinged/pivoted configuration of the two components of the container to permit access to open and/or close the container.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over DiMatteo et al. (2006/0055069) in view of Contreras, Sr. (4,917,131), as applied to Claim 21, and further in view of Thurdor et al. (2003/0066526).
As to Claim 22, the modified DiMatteo discloses the water reservoir (42) is to be moved from the water reservoir dock (40) in a slidingly engageable (best seen Figures 1 and 2) manner; yet, does not expressly disclose “the water reservoir is configured so that downward pressing of the water reservoir lid disengages the retainer, and allows removal of the water reservoir from the water reservoir dock.”
Thurdor teaches an alternative water reservoir (2, “Preferably the connection manifold 8 includes a passage which receives airflow from the blower and directs it into the water chamber 2, as well as a passage which directs airflow received via the water chamber outlet port 6, to the CPAP patient outlet port 9.” Para 0055) that is received and removed from a water reservoir dock (47, “The CPAP machine includes a heater base in a chamber receiving bay 47 to heat the water chamber, and a securing means for securing the water chamber to the CPAP machine. The securing means is provided by a securing latch 19 and a slot 17 around the periphery and of the chamber receiving bay 47.” Para 0053), whereby the water reservoir (2) is configured so that downward pressing of the water reservoir lid (apex of 2) disengages the retainer (19), and allows removal of the water reservoir (2) from the water reservoir dock (47).
Regarding the downward limitation, Thurdor expressly discloses the retainer (19) is a “securing latch biasing means to urge the latch into the locking position and prevent the water chamber from being removed as shown in FIG. 2.” (Para 0054). Thus, to remove the water reservoir (2) the retainer (19) must be pressed downwardly to overcome the biasing means to enable the movement of the water reservoir (2) from the water reservoir dock (47).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the operation of the modified DiMatteo to include a retainer to operate with a “downward pressing” of the water reservoir lid to permit the removal of the water reservoir from water reservoir dock, as taught by Thurdor to be a known construction to prevent accidental removable.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over DiMatteo et al. (2006/0055069) in view of Contreras, Sr. (4,917,131), as applied to Claim 21, and further in view of Levine (5,943,473).
As to Claim 24, the modified DiMatteo discloses the water reservoir (42) is to be moved from the water reservoir dock (40) in a slidingly engageable (best seen Figures 1 and 2) manner and includes a retainer (50) having a pair of slots (best seen Figures 1 and 2) for receiving the water reservoir (42) within the water reservoir dock (40); yet, does not expressly disclose “the water reservoir includes a pair of flanges”.
Levine teaches an alternative water reservoir (10, “Referring to FIGS. 1 and 2, an improved heater cartridge humidifier is shown and generally designated as 10, and is configured to be operationally engaged with a conventional heating unit, generally designated as 12. The humidifier cartridge 10 includes a humidifier housing 14 with a substantially vertical sidewall 16 and an upper end or top portion 18 integrally formed with the sidewall so as to define a humidifier chamber 20.” Column 2, Lines 45-70) having a water reservoir base (48, “Referring now to FIGS. 2 and 3, the housing 14 is seated on a base plate 48 which includes a central conductive portion 50 and an insulating outer portion 52.” Column 3, Lines 25-45) with a conductor plate (50, “a central conductive portion 50”); a water reservoir lid (18, “an upper end or top portion 18”), a water reservoir inlet (22, “The gas inlet 22 and the gas delivery outlet 24 are adapted to be connected to a conventional breathable gas delivery system of the type used for respiratory patients. A nipple-like water inlet port 26, appending from the upper end portion 18, is adapted to be connected to a gravity feed collapsible water supply bag (not shown) as is well known in the art. The gas inlet 22, the gas delivery outlet 24 and the water inlet 26 are in fluid communication with the chamber 20.” Column 2, Lines 45-70) and a water reservoir outlet (24, “The gas inlet 22 and the gas delivery outlet 24 are adapted to be connected to a conventional breathable gas delivery system of the type used for respiratory patients. A nipple-like water inlet port 26, appending from the upper end portion 18, is adapted to be connected to a gravity feed collapsible water supply bag (not shown) as is well known in the art. The gas inlet 22, the gas delivery outlet 24 and the water inlet 26 are in fluid communication with the chamber 20.” Column 2, Lines 45-70) oriented on a common side (best seen Figures 1 and 2) of the water reservoir (10), and the water reservoir (10) engages slidingly with a water reservoir dock (80, “Included in the heating unit 12 is a housing 76 having a lower end 78 designed for positioning a substrate such as a shelf or a table, and an upper end 80. A control panel 82 is part of the heating unit 12 and is equipped with a temperature setting control 84 and various temperature warning lights and alarm indicators, generally designated as 86. A power switch 88, a power cord 90, and temperature sensor inputs 91 and 92 are preferably located on a panel 93 of the housing 76. The upper end 80 of the housing 76 has a heating surface 94 which is partially surrounded by a generally semicircular bracket 95. The bracket 95 is generally "C" or channel shaped in cross section to define an inwardly opening channel 96. A pivoting locking tab 98 is mounted to the upper end 80 of the housing 76 through use of a pivot member 100, which may be a pin or threaded fastener. The dimensions of the peripheral lip 60 and notch lip 70 of the base plate 48 are such that the cartridge 10 may be slid into the channel 96 to engage the bracket 95.” Column 4, Lines 10-40).
Regarding the engagement of the water reservoir (10) with the water reservoir dock (80), Levine teaches the water reservoir (10) includes a flange (60, “A peripheral lip 60 extends vertically from an outer diameter 62 of the insulating portion 52. In the preferred embodiment, the insulating portion 52 is made of a plastic material such as polycarbonate, however, other known suitable heat insulating plastic materials are contemplated. Between the inner diameter 58 and the outer diameter 62 is disposed an annular mating surface 63 and an annular, generally arcuately shaped support formation 64. As best seen in FIG. 1, the peripheral lip 60 is interrupted in a plurality of positions about the outer diameter 62 to form recesses or notches 68. The notches 68 include notch lips 70 which are essentially the same height as peripheral lips 60 but are positioned closer to the mating surface 63 than to the peripheral lip 60. In operation, the notches 68 are used for properly engaging the cartridge 10 to the heating unit 12, as described below.” Column 3, Lines 40-60; also see: “The dimensions of the peripheral lip 60 and notch lip 70 of the base plate 48 are such that the cartridge 10 may be slid into the channel 96 to engage the bracket 95.” Column 4, Lines 10-40) adapted to allow sliding of the water reservoir (10) relative to a slot (96, “The bracket 95 is generally "C" or channel shaped in cross section to define an inwardly opening channel 96. A pivoting locking tab 98 is mounted to the upper end 80 of the housing 76 through use of a pivot member 100, which may be a pin or threaded fastener. The dimensions of the peripheral lip 60 and notch lip 70 of the base plate 48 are such that the cartridge 10 may be slid into the channel 96 to engage the bracket 95.” Column 4, Lines 10-40) formed in the water reservoir dock (80) for the purpose of retaining the engagement of the water reservoir (10) within the water reservoir dock (80) to enable heating of the water within the water reservoir (10).
In light of this configuration, the modification of the modified DiMatteo having a pair of slots (best seen Figures 1 and 2) on the retainer (50) of the water reservoir dock (40) to include a pair of flanges on the water reservoir (42) would yield the predictable results of imparting an engagement structure which permits the insertion and removal of the water reservoir (42) from the water reservoir dock (40).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the construction of the modified DiMatteo to include the use of a pair of flanges on the water reservoir as taught by Levine to provide an engagement structure which permits the insertion and removal of the water reservoir from the water reservoir dock.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-25 and 32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 19 and 20 of U.S. Patent No. 12,201,780.
Although the claims at issue are not identical, they are not patentably distinct from each other because instant independent claim, Claim 21, is merely broader than the patent claims, Claims 19 and 20. It is clear all of the elements of the instant claims are found in the patent claims. The difference lies in the fact that the patent claims include many more elements and are thus much more specific. Thus, the invention of the patent claims is in effect a “species” of the “generic” invention of the instant claims. It has been held that the “generic” invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since the instant claims are anticipated by the patent claims, they are not patentably distinct from the patent claims.
As to Claim 21, A water reservoir (Patent Claim 1) for use with a respiratory pressure therapy (RPT) device (Patent Claim 1) for pressurising breathable air to treat a respiratory disorder in a patient, the water reservoir (Patent Claim 1) comprising: a water reservoir base (Patent Claim 1) configured to hold a volume of water to be used for humidification of pressurized breathable air, the water reservoir base including a conductor plate (Patent Claims 19 and 20) constructed from a heat conducting material, the conductor plate being configured to thermally engage with a heater plate (Patent Claims 19 and 20) of a water reservoir dock of the RPT device so as to allow transfer of heat from the heater plate to the conductor plate when the water reservoir is connected to the water reservoir dock and the heater plate is operable; a water reservoir lid (Patent Claim 1) connected to the water reservoir base, wherein the water reservoir lid and the water reservoir base are connected via a pair of joints (Patent Claims 19 and 20) positioned proximate a first end of the water reservoir; a retainer (Patent Claim 1 – function of spring – “a spring configured to be resiliently compressed so that the water reservoir can be moved from the secured state to the unsecured state”) configured to secure the water reservoir to the water reservoir dock; a latch (Patent Claims 19 and 20) that secures the water reservoir lid and the water reservoir base, the latch being positioned on the water reservoir proximate a second end that is opposite to the first end; and a water reservoir inlet and a water reservoir outlet positioned on a common side of the water reservoir so as to face a common direction (Patent Claims 19 and 20 – “common side wall”).
As to Claim 22, The water reservoir of claim 21, wherein, when the water reservoir is to be removed from the water reservoir dock, the water reservoir is configured so that downward pressing (Patent Claims 19 and 20) of the water reservoir lid disengages the retainer, and allows removal of the water reservoir from the water reservoir dock.
As to Claim 23, The water reservoir of wherein the water reservoir inlet is associated with an inlet conduit, at least a portion of which being angled (Patent Claims 19 and 20) to redirect incoming pressurized air in a direction that is angled relative to the water reservoir inlet.
As to Claim 24, The water reservoir and humidifier of claim 21, wherein the water reservoir includes a pair of flanges (Patent Claims 19 and 20) adapted to allow sliding of the water reservoir relative to a pair of slots formed in the water reservoir dock.
As to Claim 25, The water reservoir of claim 21, wherein the water reservoir lid includes a pair of hubs (Patent Claims 19 and 20), the water reservoir base including a pair of sockets (Patent Claims 19 and 20) to receive the pair of hubs and a support to engage a part of the water reservoir lid, when the water reservoir lid is pivotably opened to a fully open, upright position.
As to Claim 32, A respiratory pressure therapy device comprising: a housing enclosing a blower (Patent Claims 19 and 20) and forming the water reservoir dock; and the water reservoir of claim 21 slidingly engageable with the water reservoir dock.
Allowable Subject Matter
Claims 28, 29, and 31 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smith et al. (9,038,629) shares a common assignee with the instant application and discloses an additional water reservoir including a sliding engagement with a water reservoir dock.
Srinivasan et al. (2008/0110458) discloses a medical device utilizing a single hinge or a pair of hinges (Para 0106) to facilitate a hinged/pivoted construction between two components to provide access to open and/or close the container.
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785
Prosecution Insights