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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “first guiding component” and “second guiding component” in claims 1 and 20 ad “positioning structure” in claim 2.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-15, and 18-20 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).
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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).
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 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).
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 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 12, modified Jackson discloses the structure of claim 1. Jackson further discloses 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).
Regarding claim 13, modified Jackson discloses the structure of claim 12. Jackson further discloses 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.
Regarding claim 14, modified Jackson discloses the structure of claim 13. 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 an 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 18, modified Jackson discloses the structure of claim 13. Jackson further discloses the 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).
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: and 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.
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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.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over modified Jackson as applied to claim 13 above, and further in view of Ormrod (US 2018/0333556 A1).
Regarding claim 16, modified Jackson discloses the mounting structure of claim 13. 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 an 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 an 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”).
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
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.
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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.
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/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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