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 .
Response to Amendment
This action is responsive to the amendment filed 07/05/2026. The previous 112(f) interpretations have been withdrawn in response to applicant’s amendment. Claims 12, 13 and 18 have been canceled and claims 21-23 have been newly added, thus claims 1-11, 14-17 and 19-23 are pending.
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 14-17 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.
Regarding claim 14, the claim calls to the guide rails including two guiding ribs. It is unclear if the two guiding ribs are different from the first and second segments as claimed in independent claim 1. For the purpose of examination the guiding ribs are seen to be the same components as the first and second segments.
Regarding claim 16, the claim calls to an inwardly concave groove. It is unclear if the concave groove is intended to be formed by the first and second segments as recited in claim 1. For the purpose of examination the concave groove is seen to be the formed by the first and second segments and the limits of the ribs are seen to be a portion of the sidewall itself.
Claims 15 and 17 are rejected due to dependency upon claims 14 and 16.
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 1-4, 11-15, 18-20 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Jackson (US 2016/0228671 A1) in view of Thudor (US 2003/0066526 A1).
Regarding claim 1, Jackson discloses a water tank mounting structure for a ventilation treatment apparatus (fig 2-5, abstract), comprising: a cavity (see Jackson annotated fig 2 below) for containing a water tank (#104 fig 1, 9, 12-14); a back wall (#146 fig 2, 4) for defining the cavity; at least one side wall (#172 fig 2, #172/174 fig 9) for defining the cavity; and a guiding assembly (#172/176 fig 9 and #300 fig 2) for guiding the water tank to assemble to the cavity; and the guiding assembly includes at least one first guiding component provided on the back wall (#300 fig 2) and a second guiding component provided on the at least one side wall (#172/176 fig 9); the second guiding component includes two guide rails arranged on two opposite side walls of the at least one side wall respectively (Formed by #172/176/178 fig 9 on either side of the tank 104), each of the two guide rails is configured to be matched with a second sliding part (#205 fig 9) provided on the water tank such that the water tank is capable of sliding along the two guide rails, and each of the two guide rails includes a first segment (#172 fig 9) and a second segment (#176 fig 9); the first segment and the second segment are arranged along an assembling direction of the water tank; and a height or an interval of the first segment in a height direction of one of the at least one side wall is larger than a height or an interval of the second segment in a height direction of the one of the at least one side wall (see fig 9 showing 172 higher than 176).
PNG
media_image1.png
392
402
media_image1.png
Greyscale
Jackson annotated fig 2
Jackson is silent to the back wall is provided with at least one opening for transmitting a respiratory gas between a main unit of the ventilation treatment apparatus and the water tank; wherein the guiding assembly is set such that when the water tank is assembled into the cavity, at least one gas port of the water tank is aligned to the at least one opening of the back wall.
Thudor teaches a water tank mounting structure (abstract) with a cavity (47 fig 1) for receiving a water tank (#2 fig 1) with a guiding assembly (#17 fig 1, par 0053 “slot 17”) and a back wall provided with at least one opening for transmitting a respiratory gas between a main unit of the ventilation treatment apparatus and the water tank (#4/7 fig 1, par 0056 “outlet port 4” and “inlet port 7”); wherein the guiding assembly is set such that when the water tank is assembled into the cavity, at least one gas port of the water tank is aligned to the at least one opening of the back wall (par 0056).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate openings for transmitting respiratory gas on the backwall of Jackson as taught by Thudor as doing so allows for the ventilation components such as the blower to be provided in the same water tank mounting housing and prevents the respiratory tubing of Jackson from being exposed.
Regarding claim 2, modified Jackson discloses the structure of claim 1. Jackson further discloses a positioning structure for positioning the water tank in its assembling position (#354 fig 2, par 0235 discloses grooves 354 helping to prevent tilting and thus assisting with positioning) wherein the positioning structure comprises a flange and a groove, and the flange and the groove are provided on the at least one first guiding component and the water tank, respectively (par 0235 disclosing groove #354 of the positioning structure mating with flange #454 fig 12 on the water tank upper portion).
Regarding claim 3, modified Jackson discloses the structure of claim 2. Jackson further discloses the positioning structure is provided on the at least one first guiding component (see fig 2 showing 354 on 300).
Regarding claim 4, modified Jackson discloses the structure of claim 1. Jackson further discloses each of the at least one first guiding component is provided with one or more depressed structures (#354 fig 2, par 0235 “grooves”), and one or more positioning posts (#454 fig 12-14) are provided on a first sliding part (#442 fig 12-14) of the water tank. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the depressed structures present on the first sliding part and the positioning posts on the first guiding component as a simple reversal/rearrangement of parts that maintains the connection between the components. MPEP 2144.04.VI.
Regarding claim 11, modified Jackson discloses the structure of claim 1. Jackson further discloses each of the at least one first guiding component is provided with one or more depressed structures (354 fig 2), and one or more positioning posts (#454 fig 12-14) are provided on a first sliding part (#442 fig 12-14) of the water tank.
Regarding claim 14, modified Jackson discloses the structure of claim 1. Jackson further discloses the each of the two guide rails includes two guiding ribs (#172 and 176 fig 9) that protrude from an inner surface of one of the at least one side wall and extend in the assembling direction of the water tank.
Regarding claim 15, modified Jackson discloses the structure of claim 14. Jackson further discloses the two guiding ribs have an interval in a height direction of the one of the at least one side wall (see fig 9); and the interval is set to allow the second sliding part of the water tank to enter (see fig 9).
Regarding claim 19, modified Jackson discloses the structure of claim 1. Thudor further discloses the at least one gas port of the water tank includes a gas inlet (#5 fig 1) and a gas outlet (#6 fig 1); the at least one opening of the back wall includes a first opening (#4 fig 1) corresponding to the gas inlet of the water tank and a second opening (#7 fig 1) corresponding to the gas outlet of the water tank; the first opening is configured to transmit, through the gas inlet of the water tank, the respiratory gas into the water tank for humidifying the respiratory gas (par 0056); and the second opening is configured to transmit a humidified respiratory gas from the gas outlet of the water tank back into the main unit of the ventilation treatment apparatus (par 0056).
Regarding claim 20, Jackson discloses a ventilation treatment apparatus (abstract) comprising: a water tank (#104 fig 1, 9, 12-14); and a main unit (#102 fig 2), the main unit including a water tank mounting structure for mounting the water tank, the water tank mounting structure including a cavity (see Jackson annotated fig 2 reinserted below) for containing a water tank, a back wall (#146 fig 2, 4) for defining the cavity, at least one side wall (#172 fig 2, #172/174 fig 9) for defining the cavity, and a guiding assembly (#172/176 fig 9, #300 fig 2) for guiding the water tank to assemble to the cavity; wherein: the guiding assembly includes at least one first guiding component (#300 fig 2) provided on the back wall and a second guiding component (#172/176 fig 9) provided on the at least one side wall; the second guiding component includes two guide rails arranged on two opposite side walls of the at least one side wall respectively (Formed by #172/176/178 fig 9 on either side of the tank 104), each of the two guide rails is configured to be matched with a second sliding part (#205 fig 9) provided on the water tank such that the water tank is capable of sliding along the two guide rails, and each of the two guide rails includes a first segment (#172 fig 9) and a second segment (#176 fig 9); the first segment and the second segment are arranged along an assembling direction of the water tank; and a height or an interval of the first segment in a height direction of one of the at least one side wall is larger than a height or an interval of the second segment in a height direction of the one of the at least one side wall (see fig 9 showing 172 higher than 176).
PNG
media_image1.png
392
402
media_image1.png
Greyscale
Reinserted Jackson annotated fig 2
Jackson is silent to the back wall is provided with at least one opening for transmitting a respiratory gas between a main unit of the ventilation treatment apparatus and the water tank; the guiding assembly is set such that when the water tank is assembled into the cavity, at least one gas port of the water tank is aligned to the at least one opening of the back wall
Thudor teaches a ventilation treatment apparatus (abstract) with a cavity (47 fig 1) for receiving a water tank (#2 fig 1) with a guiding assembly (#17 fig 1, par 0053 “slot 17”) and a back wall provided with at least one opening for transmitting a respiratory gas between a main unit of the ventilation treatment apparatus and the water tank (#4/7 fig 1, par 0056 “outlet port 4” and “inlet port 7”); wherein the guiding assembly is set such that when the water tank is assembled into the cavity, at least one gas port of the water tank is aligned to the at least one opening of the back wall (par 0056).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate openings for transmitting respiratory gas on the backwall of Jackson as taught by Thudor as doing so allows for the ventilation components such as the blower to be provided in the same water tank mounting housing and prevents the respiratory tubing of Jackson from being exposed.
Regarding claim 23, modified Jackson discloses the mounting structure of claim 1. Jackson further discloses a bottom wall (#142 fig 9) defining the cavity, the bottom wall being provided with an opening for containing a heating plate (see opening containing both base of water tank and heating plat #108 fig 9, par 0127 disclosing heating plate); a base (see Jackson annotated fig 9 below) located below the bottom wall; and the heating plate (#108 fig 9), wherein the base is provided with a supporting component (#180/182 fig 8A) for supporting the heating plate at the opening, the supporting component comprising a supporting column (#180 fig 8A) extending upward from a top surface of the base, and a spring (#182 fig 8A, par 0165) sleeved on the supporting column with a top end abutting against a bottom surface of the heating plate, such that the spring forces the heating plate to adhere to a bottom of the water tank (par 0165).
PNG
media_image2.png
362
362
media_image2.png
Greyscale
Jackson annotated fig 9
Claims 5-10 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over modified Jackson as applied to claim 1 above, and further in view of Osborne (US 2016/0310689 A1).
Regarding claim 5, modified Jackson discloses the structure of claim 1. Jackson further discloses each of the at least one first guiding component includes two parallel guiding plates (#340 fig 2).
Jackson is silent to the water tank mounting structure includes a top wall defining the cavity, and the two parallel guiding plates protrude downward from the top wall and extend in an assembling direction of the water tank.
Osborne discloses a similar water tank mounting structure including a top wall defining the cavity (see Osborne annotated fig 6D below), and two parallel guiding plates (see plates comprising grooves #302 fig 6D) protrude downward from the top wall and extend in an assembling direction of the water tank.
PNG
media_image3.png
260
423
media_image3.png
Greyscale
Osborne annotated fig 6D
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a top wall as taught by Osborne on the structure of modified Jackson as doing so helps better protect the upper components of the water tank.
Regarding claim 6, modified Jackson discloses the structure of claim 5. Jackson further discloses the first sliding part of the water tank includes two surfaces facing the two parallel guiding plates respectively (Side walls of #442 fig 12-14).
Regarding claim 7, modified Jackson discloses the structure of claim 6. Jackson further discloses each one of the two parallel guiding plates is provided with a depressed structure (#354 fig 2, par 0235 “grooves”); and at least one of the two surfaces of the first sliding part (#442 fig 12-14) of the water tank is provided with a positioning post (#454 fig 12-14) corresponding to the depressed structure provided on a corresponding guiding plate. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the depressed structures present on the first sliding part and the positioning posts on the first guiding component as a simple reversal/rearrangement of parts that maintains the connection between the components. MPEP 2144.04.VI.
Regarding claim 8, modified Jackson discloses the structure of claim 7. Jackson further discloses the two parallel guiding plates are spaced from each other in a direction perpendicular to an assembling direction of the water tank (see fig 2, spacing #342 fig 7).
Regarding claim 9, modified Jackson discloses the structure of claim 8. Jackson further discloses a spacing between the two parallel guiding plates is set to allow the first sliding part of the water tank to enter (Spacing #342 fig 7, par 0233).
Regarding claim 10, modified Jackson discloses the structure of claim 9. Jackson further discloses the two parallel guiding plates are set horizontally (see fig 2); and the first sliding part of the water tank protrudes from an outer surface of the water tank and extend horizontally (see fig 12-14).
Regarding claim 22, modified Jackson discloses the structure of claim 1. Jackson further discloses each of the at least one first guiding component comprises two parallel guiding plates (#340 fig 2) extending in the assembling direction, wherein the two guiding plates are spaced from each other at two sides of the at least one opening in a direction perpendicular to the assembling direction (see fig 2).
Jackson is silent to the guide plates protruding downward from an inner top wall.
Osborne discloses a similar water tank mounting structure including a top wall defining the cavity (see Osborne annotated fig 6D below), and two parallel guiding plates (see plates comprising grooves #302 fig 6D) protruding downward from the top wall.
PNG
media_image3.png
260
423
media_image3.png
Greyscale
Osborne annotated fig 6D
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a top wall as taught by Osborne on the structure of modified Jackson as doing so helps better protect the upper components of the water tank.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over modified Jackson as applied to claim 1 above, and further in view of Ormrod (US 2018/0333556 A1).
Regarding claim 16, modified Jackson discloses the mounting structure of claim 1. Jackson is silent to each of the two guide rails includes a groove that inwardly concave from an inner surface of one of the at least one side wall and extend in the assembling direction of the water tank.
Ormrod teaches a similar sliding mounting structure wherein the guide rails includes a groove (#6530 fig 30, see also fig 15) that inwardly concave from an inner surface of one of the at least one side wall (#6200 fig 15) and extend in the assembling direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize an inwardly concaving groove for the guiderail of Jackson as taught by Ormrod instead of outwardly protruding guide rail components as doing so creates allows for securement of the water tank and prevents the guiderail components from breaking off.
Regarding claim 17, modified Jackson discloses the mounting structure of claim 16. Modified Jackson further discloses the second sliding part of the water tank protrudes from an outer surface of the water tank and extend in the assembling direction (Jackson: #205 fig 9, Ormrod: #6520 fig 15); and a height of the groove is set to allow the second sliding part of the water tank to enter (Jackson: see fig 9, Ormrod: par 0315 “opposing sides of the water reservoir 6500 along the dock engagement portion 6505 may include guiding surfaces (e.g., rails 6520) arranged to engage corresponding guiding surfaces (e.g., recesses 6530) within the reservoir dock 6100”).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over modified Jackson as applied to claim 1 above, and further in view of Foote (US 2016/0199612 A1).
Regarding claim 21, modified Jackson discloses the mounting structure of claim 1. Jackson further discloses a bottom wall defining the cavity (#142 fig 9).
Jackson is silent to a limiting rib is provided on the back wall, the limiting rib being spaced from the bottom wall in a vertical direction.
Foote teaches a similar sliding water tank mounting structure wherein a limiting rib (see Foote annotated fig 3h below) is provided on the back wall, the limiting rib being spaced from the bottom wall rib (see Foote annotated fig 3h below) in a vertical direction (see fig 3h).
PNG
media_image4.png
296
385
media_image4.png
Greyscale
Foote annotated fig 3h
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a limiting rib as taught by Foote onto the structure of Modified Jackson in order to help secure the water tank to the back portion of the mounting structure.
Response to Arguments
Applicant's arguments filed 07/05/2026 have been fully considered but they are not persuasive.
Applicant first asserts that Jackson fails to disclose first and second segments as claimed in amended claim 1 (see pg 13-14 of response filed 07/05/2026). Applicant specifically asserts that Jackson discloses the first and second segments (as mapped) “coexist throughout the entire assembly stroke” and therefore are not “segments arranged sequentially along a horizontal sliding path” (see pg 13-14 of response filed 07/05/2026). However it is unclear how the disclosure of Jackson specifically asserts the first and second segments existing along the entire assembly stroke, applicant points to par 0164 of Jackson however this paragraph of Jackson discloses the existence of the segments and their vertical distribution but is silent to the length these segments exist along. Further, it is not seen that the term “segment” requires the segments to be arranged sequentially along a horizontal sliding path. The broadest reasonable interpretation of the claim includes segments referring to portions of the guide rail as in upper portion (first segment) and lower portion (second segment).
Applicant further asserts that Jackson is silent to a narrowing of the height difference between the first and second segments (see pg 14 of response filed 07/05/2026). However, this limitation is not recited in the rejected claim (s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Further in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the guide plates of claim 5 interacting with a water tank for guiding) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant’s arguments are not persuasive and the examiner upholds the rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20120146251 A1
US 20170151411 A1
US 20200179629 A1
US 20170252531 A1
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRA B DAHER whose telephone number is (571)270-0190. The examiner can normally be reached M-F 8am-5pm.
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 at (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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
