DETAILED ACTION
Primary Examiner acknowledges Claims 21-39 are pending in this application, with Claims 21-39 having been newly added, and Claims 1-20 having been cancelled by preliminary amendment on June 3, 2024.
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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference character “100” has been used to designate “Huff Cough Simulation Device” / “Device” and “piston” (Para 0072). Appropriate correction is required.
Reference character “104” has been used to designate “inlet” and “chamber inlet”. Appropriate correction is required.
Reference character “312a and 312b” have been used to designate “pair of magnets” and “springs” (Para 0078). Appropriate correction is required.
Reference character “402” has been used to designate “housing” and “shaft portion” (Para 0081). Appropriate correction is required.
Reference character “411” has been used to designate “cylinder” and “adjustment mechanism” (Para 0082). Appropriate correction is required.
Reference character “412” has been used to designate “spring” and “housing” (Para 0082). Appropriate correction is required.
Reference character “703” has been used to designate “interior chamber” and “chamber” (Para 0104). Appropriate correction is required.
Reference character “705” has been used to designate “inlet” and “outlet” (Para 0108). Appropriate correction is required.
Reference character “803” has been used to designate “chamber” (Para 0112) and “interior chamber”. Appropriate correction is required.
Reference character “812” has been used to designate “one way valve” and “interior chamber” (Para 0112). Appropriate correction is required.
Reference character “402” and “412” (Para 0082) have been used to designate “housing”. Appropriate correction is required.
Reference characters “803” and “812” (Para 0112) have been used to designate “interior chamber”. Appropriate correction is required.
Reference character “709b” has been used to designate one of the “pair of magnets” / “magnet”, and one of the “one-way exhalation valves” (Para 0107). Appropriate correction is required.
Refence characters “402” (Para 0081) and “418” have been used to designate “shaft portion”. Appropriate correction is required.
Reference characters “312a and 312b” (Para 0078) and “313a and 313b” have been used to designate “springs”. 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
The disclosure is objected to because of the following informalities:
Reference character “100” has been used to designate “Huff Cough Simulation Device” / “Device” and “piston” (Para 0072). Appropriate correction is required.
Reference character “104” has been used to designate “inlet” and “chamber inlet”. Appropriate correction is required.
Reference character “312a and 312b” have been used to designate “pair of magnets” and “springs” (Para 0078). Appropriate correction is required.
Reference character “402” has been used to designate “housing” and “shaft portion” (Para 0081). Appropriate correction is required.
Reference character “411” has been used to designate “cylinder” and “adjustment mechanism” (Para 0082). Appropriate correction is required.
Reference character “412” has been used to designate “spring” and “housing” (Para 0082). Appropriate correction is required.
Reference character “703” has been used to designate “interior chamber” and “chamber” (Para 0104). Appropriate correction is required.
Reference character “705” has been used to designate “inlet” and “outlet” (Para 0108). Appropriate correction is required.
Reference character “803” has been used to designate “chamber” (Para 0112) and “interior chamber”. Appropriate correction is required.
Reference character “812” has been used to designate “one way valve” and “interior chamber” (Para 0112). Appropriate correction is required.
Reference character “402” and “412” (Para 0082) have been used to designate “housing”. Appropriate correction is required.
Reference characters “803” and “812” (Para 0112) have been used to designate “interior chamber”. Appropriate correction is required.
Reference character “709b” has been used to designate one of the “pair of magnets” / “magnet”, and one of the “one-way exhalation valves” (Para 0107). Appropriate correction is required.
Refence characters “402” (Para 0081) and “418” have been used to designate “shaft portion”. Appropriate correction is required.
Reference characters “312a and 312b” (Para 0078) and “313a and 313b” have been used to designate “springs”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-39 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.
Specifically, Claims 21, 27, and 33 each include the grammatical error of multiple periods, which renders the claim indefinite as Primary Examiner is unable to ascertain the breadth and scope of the claimed invention to which Applicant is seeking patent protection.
Pursuant to MPEP § 608.01 (m): Form of Claims – “Each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations. See Fressola v. Manbeck, 36 USPQ2d 1211 (D.D.C. 1995).” In this particular case, Claim 21, Line 14 ends with a period as does Line 17; Claim 27, Line 13 ends with a period as does Line 16; and Claim 33, Line 13 ends with a period as does Line 16. Consequently, Primary Examiner is unsure if the scope of the claim is intended to include only Claim 21, Lines 1-14; Claim 27, Lines 1-13; and Claim 33, Lines 1-13, OR ALTERNATIVELY, if Applicant intends the scope of the claims to be the entirety of Claim 21 – Lines 1-17; Claim 27- Lines 1-16; and Claim 33, Lines 1-16.
Dependent Claims, Claims 22-26, 28-32, and 34-39 incorporate the indefinite subject matter from which they depend. Appropriate correction and clarification is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 21, 25-27, 30, 31, 33, 36, 37, and 39 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Olowinski (2,510,712).
As to Claims 21, 27, and 33, Olowinski discloses a respiratory treatment device (Figures 1 and 2), comprising: an inlet (18 via 40, “When the supply of gas in the flask 40 has been substantially exhausted, the flask can be removed from the container by threading the boss 46-out of the counterbore 18, whereupon the valve in the valve body 44 will close.” Column 4, Lines 45-60; “An elongated, generally cylindrical valve body 15 extends inwardly of the container 10 from the center of the mouthpiece end wall 12 and is provided with a centrally-disposed, longitudinally-extending bore 16 having respective, screw- threaded counterbores 17 and 18 in its opposite ends. The counterbore 17 opens to the interior of the mouthpiece end wall 12, and the counterbore 18 opens to the inner end of the valve body 15. The valve body 15 may have, at its opposite ends, annular enlargements or beads 19 and 20 to reinforce the walls of the respective counterbores 17 and 18.” Column 2, Lines 20-35) configured to receive air (“gas” via 40 – “When the supply of gas in the flask 40 has been substantially exhausted, the flask can be removed from the container by threading the boss 46-out of the counterbore 18, whereupon the valve in the valve body 44 will close.” Column 4, Lines 45-60) into the device (Figures 1 and 2); an outlet (17 via 12, “An elongated, generally cylindrical valve body 15 extends inwardly of the container 10 from the center of the mouthpiece end wall 12 and is provided with a centrally-disposed, longitudinally-extending bore 16 having respective, screw- threaded counterbores 17 and 18 in its opposite ends. The counterbore 17 opens to the interior of the mouthpiece end wall 12, and the counterbore 18 opens to the inner end of the valve body 15. The valve body 15 may have, at its opposite ends, annular enlargements or beads 19 and 20 to reinforce the walls of the respective counterbores 17 and 18.” Column 2, Lines 20-35) configured to permit air (“gas” via 40 – “When the supply of gas in the flask 40 has been substantially exhausted, the flask can be removed from the container by threading the boss 46-out of the counterbore 18, whereupon the valve in the valve body 44 will close.” Column 4, Lines 45-60) exit the device (Figures 1 and 2); a blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (22, “Intermediate its length the valve body 15 is provided with a transverse, tapered aperture 21, and a rotatable valve plug 22 having a transverse passage 23 therethrough is rotatably mounted in the aperture 21. The smaller end of the valve plug 22 is provided with a screw-threaded well 40 into which is threaded a headed screw 24, and a compression spring 25 interposed between the head of the screw 24 and a bearing washer 26 disposed against the outer surface of the valve body 15 surrounding the smaller end of the aperture 21, maintains the valve plug 22 firmly seated in the aperture 21 in gastight association with the valve body 15. The larger end of the valve plug is provided with an outwardly-extending boss 27 having a screw-threaded well therein into which 50 is threaded the reduced, externally screw-threaded end portion of a valve shaft 28 which extends from the larger end of the valve plug through an aperture 29 in the wall of the container 10, and a valve-turning knob 30 is secured on the outer end of shaft 28 at the outside of the container 10.” Column 2, Lines 30 thru Column 3, Line 10) moveable between a closed position (23 of 22 is misaligned with 16, “This provides a stop for the lever at which the valve plug is so positioned that its transverse passage is out of alignment with the adjacent portions of the bore 16 and the valve is closed.” Column 3, Lines 20-45) where a flow of air between the inlet (18 via 40) and the outlet (17 via 12) is restricted, and an open position (23 of 22 is aligned with 16, “With this arrangement, the valve plug 22 may be rotated by the knob 30 to align the passage 23 in the valve plug with the adjacent ends of the bore 16 in the valve body 15, and thereby open this manually-controlled valve, when desired.” Column 3, Lines 1-5) where the flow of air between the inlet (18 via 40) and the outlet (17 via 12) is less restricted than when the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (22) is in the closed position (23 of 22 is misaligned with 16); a rotatable shaft or cylinder (28, “Intermediate its length the valve body 15 is provided with a transverse, tapered aperture 21, and a rotatable valve plug 22 having a transverse passage 23 therethrough is rotatably mounted in the aperture 21. The smaller end of the valve plug 22 is provided with a screw-threaded well into which is threaded a headed screw 24, and a compression spring 25 interposed between the head of the screw 24 and a bearing washer 26 disposed against the outer surface of the valve body 15 surrounding the smaller end of the aperture 21, maintains the valve plug 22 firmly seated in the aperture 21 in gastight association with the valve body 15. The larger end of the valve plug is provided with an outwardly-extending boss 27 having a screw-threaded well therein into which is threaded the reduced, externally screw-threaded end portion of a valve shaft 28 which extends from the larger end of the valve plug through an aperture 29 in the wall of the container 10, and a valve-turning knob 30 is secured on the outer end of shaft 28 at the outside of the container 10.” Column 2, Lines 30-55), wherein rotation (via 30, “a valve-turning knob 30 is secured on the outer end of shaft 28 at the outside of the container 10.” Column 2, Lines 30-55) of the shaft or cylinder (28) in a first direction (via the stretching of the spring 38 via the rotation of the knob 30 in one direction, “The valve is opened by rotating knob 30 in a direction to stretch the spring 38.” Column 3, Lines 20-45) advances the end of the shaft cylinder (28) toward the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (22), and rotation (via 30) of the shaft or cylinder (28) in a second direction (via the compression of the spring 38 via the rotation of the knob 30 in another direction, “The valve is opened by rotating knob 30 in a direction to stretch the spring 38.” Column 3, Lines 20-45) , opposite the first direction (via the stretching of the spring 38 via the rotation of the knob 30 in one direction), advances the end of the shaft cylinder (28) away the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (22); and, a plurality of detents (threads of 28 - “The larger end of the valve plug is provided with an outwardly-extending boss 27 having a screw-threaded well therein into which is threaded the reduced, externally screw-threaded end portion of a valve shaft 28 … ” Column 2, Lines 30-55) configured to receive a protrusion (“a screw-threaded well” of 27 – “The larger end of the valve plug is provided with an outwardly-extending boss 27 having a screw-threaded well therein into which is threaded the reduced, externally screw-threaded end portion of a valve shaft 28 …” Column 2, Lines 30-55) in each detent (one of the threads of 28) of the plurality of detents (threads of 28), the plurality of detents (threads of 28) position radially about the rotatable shaft or cylinder (28), wherein the rotation (via 30) of the shaft or cylinder (28) moves the protrusion (“a screw-threaded well” of 27) among the plurality of detents (threads of 28) to provide discrete adjustment of the end of the shaft or cylinder (28) relative to the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (22).
It should be noted the terms blocking member [Claim 21], piston [Claim 27], and valve [Claim 33] are coextensive terms which refer to Olowinski’s reference character (22), which performs the actions of a blocking member by blocking the passage of gas from the inlet to the outlet when the structure is misaligned, performs the actions of a piston by aiding the alignment and misalignment of the inlet to the outlet, and performs the action of a valve by controlling the flow of gas from the inlet to the outlet as a function of the alignment and misalignment. Thus, Olowinski meets the limitations of each of the independent claims, Claims 21, 27, and 33.
As to Claims 25, 30, and 36, Olowinski discloses the protrusion (“a screw-threaded well” of 27) is connected to the rotatable shaft or cylinder (28) – via interference fitment of screw and threads of 27 with 28.
As to Claims 26, 31, and 37, Olowinski discloses the plurality of detents (threads of 28) are positioned radially opposite the rotatable shaft or cylinder (28) – located internally at the interference fitment of screw and threads of 27 with 28, as compared to the manual knob 30 located externally.
As to Claim 39, Olowinski discloses the valve (22) comprises a piston, as the valve cooperatively forms the actions of a piston by aiding the alignment and misalignment of the inlet to the outlet to control the flow of gas from the inlet to the outlet.
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 22-24, 28, 29, 32, 34, 35, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Olowinski (2,510,712) in view of Bird et al. (3,191,596).
As to Claims 22, 28, and 34, Olowinski discloses the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (22) which is manipulated by a knob (30) connected to a rotatable shaft or cylinder (28) to align/misalign the inlet (18 via 40) and the outlet (17 via 12) of the respiratory device (Figures 1 and 2) to permit the passage of air therethrough.
Yet, Olowinski does not expressly disclose the use of “a first magnet positioned at the end of the rotatable shaft or cylinder”.
Bird teaches a respiratory device (Figure 5) to permit the passage of air therethrough including a blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (60, “The main valve 60 (see FIGS. 5 and 9) The main valve 60 is a sliding valve mounted in the housing comprising the elements 30, 31, and 32, and comprises a shaft member 61 (differing from that in application Serial N°o. 715,321 by being tubular, for a reason explained later) with a spool-like recess 62.” Column 4, Lines 1-30) which is manipulated by a knob (83, “A radially extending arm or handle 83 is secured to the outer end of the shaft 77 and has a groove 84 extending in from its outer end between projecting portions 85.” Column 4, Line 70 thru Column 5, Line 15) connected to a rotatable shaft or cylinder (77, “A radially extending arm or handle 83 is secured to the outer end of the shaft 77 and has a groove 84 extending in from its outer end between projecting portions 85.” Column 4, Line 70 thru Column 5, Line 15) to direct the alignment and misalignment of the inlet (56, “When the valve 60 is in its closed position, the flow is cut off at the annular chamber 56 and radial passages 63 by the spool 61. When the valve 60 is open, the compressed gas flows from the radial passages 63 by way of the recess 62 to the radial passages 64 and the annular chamber 65.” Column 7, Lines 40-60) and the outlet (65, “When the valve 60 is in its closed position, the flow is cut off at the annular chamber 56 and radial passages 63 by the spool 61. When the valve 60 is open, the compressed gas flows from the radial passages 63 by way of the recess 62 to the radial passages 64 and the annular chamber 65.” Column 7, Lines 40-60).
Regarding the remaining limitations of the claims, Bird teaches a first magnet (76, “Such attraction may be provided for the plate 75 by a main magnet 76, which preferably is mounted at one end of a threaded shaft 77 of a nonmagnetic material (e.g. aluminum).” Column 4, Line 55-70) positioned at the end of the rotatable shaft or cylinder (77), so that “the attraction of the main magnet 76 for the attraction plate 75 tends to pull the shaft 61 to the right and open the valve 60. By turning the handle 83, the main magnet 76 may be moved nearer to or farther from the plate 75 so as to achieve any desired relation between these opposed forces.” Column 5, Lines 10-25).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the operation of the rotatable shaft or cylinder (28) and the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (22) of Olowinski to include the use of a first magnet positioned at the end of the rotatable shaft or cylinder, as taught by Bird to be a known construction suitable for adjusting the movement of the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] to the desired operational configuration.
As to Claims 23, 29, and 35, the modified Olowinski, specifically Olowinski discloses the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (22) which is manipulated by a knob (30) connected to a rotatable shaft or cylinder (28) to align/misalign the inlet (18 via 40) and the outlet (17 via 12) of the respiratory device (Figures 1 and 2) to permit the passage of air therethrough; whilst, Bird teaches a first magnet (76, “Such attraction may be provided for the plate 75 by a main magnet 76, which preferably is mounted at one end of a threaded shaft 77 of a nonmagnetic material (e.g. aluminum).” Column 4, Line 55-70) positioned at the end of the rotatable shaft or cylinder (77), so that “the attraction of the main magnet 76 for the attraction plate 75 tends to pull the shaft 61 to the right and open the valve 60. By turning the handle 83, the main magnet 76 may be moved nearer to or farther from the plate 75 so as to achieve any desired relation between these opposed forces.” Column 5, Lines 10-25).
Yet, the modified Olowinski does not expressly disclose the use of “a second magnet positioned on the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33], wherein a magnetic force between the first magnet and a second magnet biases the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] toward the closed position.
Bird teaches a second magnet (96, “The sensitivity magnet 96 (FIGS. 3, 5, 9, 10 and 12) To prevent this automatic switching when it is not desired or to regulate the timing cycle if it is desired, the shaft 61 is provided at its left end with an armature or attraction plate 95 of the same general type as the plate 75, and a sensitivity magnet assembly 96 is provided in the compartment 34, acting on the attraction plate or armature 95. The magnet 96 preferably is mounted on a hollow exteriorly threaded shaft 97 having twice as many threads per inch as the shaft 77, so that it moves exactly twice, as far for the same turn. The magnet 96 may be identical in size, shape, and attraction to the magnet 76. The magnet 96 holds the valve 60 closed during exhalation and periods of rest between breathing excursions. Inhaling or sucking by the patient breaks the hold of the magnet 96 on the valve 60.” Column 6, Lines 25-55) positioned on the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (60), wherein the magnetic force between the first magnet (76) and the second magnet (96) biases the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (60) toward the closed position (“The magnet 96 holds the valve 60 closed during exhalation and periods of rest between breathing excursions” Column 6, Lines 25-55).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the operation of the rotatable shaft or cylinder (28) and the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (22) of Olowinski to include the use of both the positioned at the end of the rotatable shaft or cylinder and the second magnet on the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33], as taught by Bird to be a known construction suitable for adjusting the movement of the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] to the desired operational configuration – resulting in the prevention of “automatic switching when it is not desired or to regulate the timing cycle if it is desired”.
As to Claims 24, 32, and 38, Olowinski discloses the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (22) which is manipulated by a knob (30) connected to a rotatable shaft or cylinder (28) to align/misalign the inlet (18 via 40) and the outlet (17 via 12) of the respiratory device (Figures 1 and 2) to permit the passage of air therethrough.
Yet, Olowinski does not expressly disclose the configuration of “the end of the rotatable shaft or cylinder comprising a magnetically attractable material.
Bird teaches a respiratory device (Figure 5) to permit the passage of air therethrough including a blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (60, “The main valve 60 (see FIGS. 5 and 9) The main valve 60 is a sliding valve mounted in the housing comprising the elements 30, 31, and 32, and comprises a shaft member 61 (differing from that in application Serial N°o. 715,321 by being tubular, for a reason explained later) with a spool-like recess 62.” Column 4, Lines 1-30) which is manipulated by a knob (83, “A radially extending arm or handle 83 is secured to the outer end of the shaft 77 and has a groove 84 extending in from its outer end between projecting portions 85.” Column 4, Line 70 thru Column 5, Line 15) connected to a rotatable shaft or cylinder (77, “A radially extending arm or handle 83 is secured to the outer end of the shaft 77 and has a groove 84 extending in from its outer end between projecting portions 85.” Column 4, Line 70 thru Column 5, Line 15) which interacts with a first magnet (76, “Such attraction may be provided for the plate 75 by a main magnet 76, which preferably is mounted at one end of a threaded shaft 77 of a nonmagnetic material (e.g. aluminum).” Column 4, Line 55-70) positioned at the end of the rotatable shaft or cylinder (77) to direct the alignment and misalignment of the inlet (56, “When the valve 60 is in its closed position, the flow is cut off at the annular chamber 56 and radial passages 63 by the spool 61. When the valve 60 is open, the compressed gas flows from the radial passages 63 by way of the recess 62 to the radial passages 64 and the annular chamber 65.” Column 7, Lines 40-60) and the outlet (65, “When the valve 60 is in its closed position, the flow is cut off at the annular chamber 56 and radial passages 63 by the spool 61. When the valve 60 is open, the compressed gas flows from the radial passages 63 by way of the recess 62 to the radial passages 64 and the annular chamber 65.” Column 7, Lines 40-60).
Regarding the remaining limitations of the claims, Bird teaches the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (60) is moved by the magnetic attraction of the first magnet (76) as attached to the end of the rotatable shaft or cylinder (77) with a magnetically attractable material (“soft iron or other ferromagnetic material and sensitive to magnetic attraction”, “On the right end of the shaft 61 is mounted an attraction plate or armature 7J made of soft iron or other ferromagnetic metal and sensitive to magnetic attraction.” Column 4, Lines 55-70) oriented on a portion (61, “On the right end of the shaft 61…” Column 4, Lines 55-70) of the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (60).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the operation of the rotatable shaft or cylinder (28) and the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] (22) of Olowinski to include the use of a first magnet positioned at the end of the rotatable shaft or cylinder, as taught by Bird to be a known construction suitable for adjusting the movement of the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] to the desired operational configuration.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bayron et al. (5,746,199) discloses a respiratory device having an inlet, an outlet, a rotatable shaft or cylinder, and a blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33]; yet, does not expressly disclose the orientation of a blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] being controlled by the rotation of the rotatable shaft or cylinder to advance toward and/or away from the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33].
Hete et al. (6,708,690) discloses a respiratory device having an inlet, an outlet, a rotatable shaft or cylinder, and a blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33]; yet, does not expressly disclose the orientation of a blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] being controlled by the rotation of the rotatable shaft or cylinder to advance toward and/or away from the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33].
Davis et al. (2013/0220325) discloses a respiratory device having an inlet, an outlet, a rotatable shaft or cylinder, and a blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33]; yet, does not expressly disclose the orientation of a blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33] being controlled by the rotation of the rotatable shaft or cylinder to advance toward and/or away from the blocking member [Claim 21] / piston [Claim 27] / valve [Claim 33].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNETTE F DIXON whose telephone number is (571)272-3392. The examiner can normally be reached M-F 9-5 EST with flexible hours.
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, Kendra D Carter can be reached at 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785
Prosecution Insights