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 Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4-6, 8-11, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma et al. 2016/0354620 in view of Walker et al. 2019/0224505
Regarding claim 1, Sharma discloses an aircraft emergency oxygen supply system (abstract) comprising:
a passenger oxygen mask for supplying oxygen to a passenger wearing the passenger oxygen mask (respiratory mask 102);
an oxygen source for supplying oxygen to the passenger oxygen mask (218);
a breath sensor for detecting breaths of the passenger wearing the passenger oxygen mask (breathing rate sensor 116);
and a controller for controlling the supply of oxygen from the oxygen source to the passenger oxygen mask (regulator 124);
wherein the controller is configured for: operating in a normal breathing mode, which includes supplying a normal breathing amount of oxygen (VN) from the oxygen source to the passenger oxygen mask at the beginning of every detect breath of the passenger wearing the passenger oxygen mask (0025 states “The regulator 124 may actuate the one or more valves 128 to the dilution mode when the output of the sensors 104 indicates any one of the conditions such the breathing rate of the crew member is equal to a predetermined breathing rate. The dilution mode may be understood as a mode where the respiratory system of the crew member functions normally in which there is no symptoms of either hyperventilation or hypoxia or any other respiratory disorder in the crew member.” 0020 states “The respiratory gas may further include a combination of air inside the cockpit or the cockpit ambient air progressively mixed with more oxygen as altitude increases may be supplied during the dilution mode. “ Since this oxygen gas mix is constantly being supplied while in dilution mode, the supplying would also naturally happen at the beginning of every breath of the passenger.);
deriving a breathing frequency indicator from a plurality of successive breaths of the passenger (0022 states “the predetermined breathing rate may be understood as breathing rate at which the crew member breathes comfortably. The breathing rate may be understood as, for example, number of breaths per minute.);
switching into one of slow or fast breathing mode based on the breathing frequency (0021 states “the regulator 124 may actuate the one or more valves 128 based on the output of the sensors 104. In one example, the regulator 124 may actuate the one or more valves 128 when the output indicates emergency conditions. The emergency conditions may be understood as conditions when the breathing rate of the crew member is deviated from a predetermined breathing rate”. The amount of oxygen delivered from the oxygen source will vary based on the deviation of breathing frequency.);
wherein the controller is further configured for: switching into a fast breathing mode if the breathing frequency indicator indicates a breathing frequency above a predefined upper frequency threshold (0024 states “The regulator 124 may also actuate the one or more valves 128 when the breathing rate of the crew member is higher than the predetermined breathing rate”), wherein operating in the fast breathing mode includes supplying a fast breathing amount of oxygen (VF), which is smaller than the normal breathing amount of oxygen (VN), from the oxygen source to the passenger oxygen mask at the beginning of every detected breath of the passenger (0024 states “To overcome the respiratory disorder caused by these conditions, the crew member may be momentarily forced to inhale the exhaled gas till the breathing rate can be controlled. The oxygen may be stored in an oxygen storage kept onboard for supplying when needed.” Since the recirculation mode involves the use of inhaling an exhaled gas, the amount of oxygen sourced from the oxygen supply is decreased. The supplying of the oxygen would also naturally happen at the beginning of every breath of the passenger).
Or
wherein the controller is configured for: switching into a slow breathing mode if the breathing frequency indicator indicates a breathing frequency below a predefined lower frequency threshold (based on the fact that a deviation from the breathing rate activating an emergency mode leads to an increase in oxygen supplied as mentioned in 0023, the deviation would have to be lower than a breathing rate threshold in order to supply this oxygen, as opposed to the breathing rate being above to supply less oxygen as mentioned in 0024), wherein operating in the slow breathing mode includes supplying a slow breathing amount of oxygen (VS), which is larger than the normal breathing amount of oxygen (VN), from the oxygen source to the passenger oxygen mask at the beginning of every detected breath of the passenger (0022 states “The mode of the respiratory mask 102 in accordance with this implementation may be understood as emergency mode. Such above explained emergency conditions may result in lack of oxygen and the crew member may get respiratory disorder, such as hypoxia, due to lack of oxygen which may lead to unconsciousness of the crew member. To overcome the respiratory disorder due to the lack of oxygen, the crew member may be forced to inhale oxygen so that the level of oxygen in the blood can be retained to a level where the crew member can breathe smoothly.” The supplying of the oxygen would also naturally happen at the beginning of every breath of the passenger);
Sharma fails to teach wherein the emergency oxygen supply system configured to be installed in a passenger cabin of aircraft, the system containing a plurality of passenger oxygen masks and wherein the plurality of successive breaths of the passenger include a plurality of breath durations and wherein the controller is configured for determining the breathing frequency indicator from an average of the plurality of breath durations.
Walker teaches an analogous dosed oxygen system for a passenger aircraft that does teach wherein the plurality of successive breaths of the passenger include a plurality of breath durations and wherein the controller is configured for determining the breathing frequency indicator from an average of the plurality of breath durations (0064 states “calculating at least an average time period of the breathing cycles of the associated passenger and a threshold time calculated based on the calculated average time period, and supplying the face mask with a pulse of anti-blocking gas in case the time period of a breathing cycle appears longer than the threshold time”). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharma with the teachings of Walker and include wherein the plurality of successive breaths of the passenger include a plurality of breath durations and wherein the controller is configured for determining the breathing frequency indicator from an average of the plurality of breath durations as this aids in the controlling of a delivery of a dosage of pulsed flows (0094-0102).
Furthermore, Walker does teach wherein the emergency oxygen supply system configured to be installed in a passenger cabin of aircraft, the system containing a plurality of passenger oxygen masks supplying this oxygen source to each respective passenger (Figure one depicts multiple passenger masks 30 within the system, the abstract also states that this system is for passengers). The control system of Sharma and its properties can be implemented into the oxygen supply system of Walker and apply to each individual mask for the purpose of providing this kind of oxygen treatment to passengers of the aircraft. The context of this supply system applying to individual masks for the passengers as opposed to being a supply system for a crew member does not distinguish the invention over the prior art, as it simply requires an implementation of the oxygen control system scenarios as taught by Sharma, into the system 10 of Walker.
Regarding claim 2, Sharma teaches the aircraft emergency oxygen supply system according to claim 1, with an upper frequency threshold (0024), but fails to explicitly teach wherein the threshold corresponds to a breathing frequency in the range of between 15 and 25 breaths per minute, wherein the predefined upper frequency threshold corresponds in particular to a breathing frequency of 20 breaths per minute; or wherein the predefined lower frequency threshold corresponds to a breathing frequency in the range of between 5 and 15 breaths per minute, wherein the predefined lower frequency threshold corresponds to a breathing frequency of 10 breaths per minute.
However, in light of modified Sharma’s teaching of an upper frequency threshold based on breathing frequency (0024) and the breathing frequency being measured in breaths per minute (0022), it would have been obvious to one of ordinary skill in the art to ascertain and employ a desired/optimal range wherein the threshold corresponds to a breathing frequency in the range of between 15 and 25 breaths per minute, wherein the predefined upper frequency threshold corresponds in particular to a breathing frequency of 20 breaths per minute via routine experimentation, such as that claimed, as it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05
Regarding claim 4, Sharma teaches the aircraft emergency oxygen supply system according to claim 1, wherein the aircraft emergency oxygen supply system comprises an ambient air pressure sensor (108), which is configured for detecting the pressure of air (pair) at or in the vicinity of the aircraft emergency oxygen supply system (0026 states “The mouth and nose piece 202 may have smoke sensors (similar to as illustrated in FIG. 1) for sensing presence of smoke in a cockpit of the aircraft and may also have pressure sensors (similar to as illustrated in FIG. 1) for sensing the pressure level present inside the cockpit.”), wherein, in at least one of the normal breathing mode, the slow breathing mode, and the fast breathing mode, the amount of oxygen (VN, Vs, VF), which is supplied from the oxygen source to the respective passenger oxygen mask, is a function of the pressure of air (pair) detected by the ambient air pressure sensor (0021 states “the regulator 124 may actuate the one or more valves 128 when the output indicates emergency conditions. The emergency conditions may be understood as conditions when the pressure level present inside the cockpit is lower than a predetermined pressure level”);
or wherein the aircraft emergency oxygen supply system comprises a temperature sensor, which is configured for detecting the temperature (T) at or in the vicinity of the aircraft emergency oxygen supply system, wherein, in at least one of the normal breathing mode, the slow breathing mode, and the fast breathing mode, the amount of oxygen (VN, Vs, VF), which is supplied from the oxygen source to the passenger oxygen mask, is a function of the temperature (T) detected by the temperature sensor.
Regarding claim 5, Sharma teaches the aircraft emergency oxygen supply system according to claim 4, wherein, in at least one of the normal breathing mode, the slow breathing mode, and the fast breathing mode, the amount of oxygen (VN, VS, VF), which is supplied from the oxygen source to the passenger oxygen mask at the beginning, is independent of the pressure of air (pair) detected by the ambient air pressure sensor (0024 of Sharma states “the regulator 124 may actuate the one or more valves 128 when the output indicates that a percentage of oxygen present in the blood of the crew member is at least 94%. The regulator 124 may also actuate the one or more valves 128 when the carbon dioxide level present in the exhaled gas is lower than the predetermined carbon dioxide level and/or when the breathing rate of the crew member is higher than the predetermined breathing rate and/or expiration volume is low which may occur during a high stress condition” Since the amount of oxygen provided can be controlled by the various factors described, it can be independent of the sensed air pressure).
Regarding claim 6, Sharma teaches the aircraft emergency oxygen supply system according to claim 1, wherein, in at least one of the normal breathing mode, the slow breathing mode, and the fast breathing mode, the amount of oxygen (VN, Vs, VF), which is supplied from the oxygen source to the respective passenger oxygen mask, is a function of the breathing frequency indicator (0024 states “The regulator 124 may also actuate the one or more valves 128 when the breathing rate of the crew member is higher than the predetermined breathing rate. To overcome the respiratory disorder caused by these conditions, the crew member may be momentarily forced to inhale the exhaled gas till the breathing rate can be controlled. The oxygen may be stored in an oxygen storage kept onboard for supplying when needed.”);
wherein, in at least one of the normal breathing mode, the slow breathing mode, and the fast breathing mode, the amount of oxygen (VN, VS, VF), which is supplied from the oxygen source to the respective passenger oxygen mask, is inversely proportional to the breathing frequency indicated by the breathing frequency indicator (0023 discusses an increase of provided oxygen when there is a lack of breathing by the user. 0024 discusses a decrease in oxygen provided by the oxygen source when the breathing rate is higher than a predetermined rate.).
Regarding claim 8, modified Sharma teaches an aircraft emergency oxygen supply system according to claim 1, wherein the aircraft emergency oxygen supply system comprises in particular two, three, four, five or six passenger oxygen masks (Figure 1 of Walker).
Regarding claim 9, Sharma teaches a passenger aircraft comprising: at least one aircraft emergency oxygen supply system according to claim 1 (0006 states “respiratory mask for use in an aircraft is disclosed”).
Regarding claim 10, Sharma teaches a method of supplying oxygen to a passenger oxygen mask in an aircraft (abstract), wherein the method includes: detecting breaths of a passenger wearing the passenger oxygen mask (breathing rate sensor 116);
operating in a normal breathing mode, which includes supplying a normal breathing amount of oxygen (VN) from the oxygen source to the passenger oxygen mask at the beginning of every detect breath of the passenger wearing the passenger oxygen mask (0025 states “The regulator 124 may actuate the one or more valves 128 to the dilution mode when the output of the sensors 104 indicates any one of the conditions such the breathing rate of the crew member is equal to a predetermined breathing rate. The dilution mode may be understood as a mode where the respiratory system of the crew member functions normally in which there is no symptoms of either hyperventilation or hypoxia or any other respiratory disorder in the crew member.” 0020 states “The respiratory gas may further include a combination of air inside the cockpit or the cockpit ambient air progressively mixed with more oxygen as altitude increases may be supplied during the dilution mode. “ Since this oxygen gas mix is constantly being supplied while in dilution mode, the supplying would also naturally happen at the beginning of every breath of the passenger.);
deriving a breathing frequency indicator from a plurality of successive breaths of the passenger (0022 states “the predetermined breathing rate may be understood as breathing rate at which the crew member breathes comfortably. The breathing rate may be understood as, for example, number of breaths per minute.);
switching into a fast breathing mode if the breathing frequency indicator indicates a breathing frequency above a predefined upper frequency threshold (0024 states “The regulator 124 may also actuate the one or more valves 128 when the breathing rate of the crew member is higher than the predetermined breathing rate”), wherein operating in the fast breathing mode includes supplying a fast breathing amount of oxygen (VF), which is smaller than the normal breathing amount of oxygen (VN), from the oxygen source to the passenger oxygen mask at the beginning of every detected breath of the passenger (0024 states “To overcome the respiratory disorder caused by these conditions, the crew member may be momentarily forced to inhale the exhaled gas till the breathing rate can be controlled. The oxygen may be stored in an oxygen storage kept onboard for supplying when needed.” Since the recirculation mode involves the use of inhaling an exhaled gas, the amount of oxygen sourced from the oxygen supply is decreased. The supplying of the oxygen would also naturally happen at the beginning of every breath of the passenger).
Or
switching into a slow breathing mode if the breathing frequency indicator indicates a breathing frequency below a predefined lower frequency threshold (based on the fact that a deviation from the breathing rate activating an emergency mode leads to an increase in oxygen supplied as mentioned in 0023, the deviation would have to be lower than a breathing rate threshold in order to supply this oxygen, as opposed to the breathing rate being above to supply less oxygen as mentioned in 0024), wherein operating in the slow breathing mode includes supplying a slow breathing amount of oxygen (VS), which is larger than the normal breathing amount of oxygen (VN), from the oxygen source to the passenger oxygen mask at the beginning of every detected breath of the passenger (0022 states “The mode of the respiratory mask 102 in accordance with this implementation may be understood as emergency mode. Such above explained emergency conditions may result in lack of oxygen and the crew member may get respiratory disorder, such as hypoxia, due to lack of oxygen which may lead to unconsciousness of the crew member. To overcome the respiratory disorder due to the lack of oxygen, the crew member may be forced to inhale oxygen so that the level of oxygen in the blood can be retained to a level where the crew member can breathe smoothly.” The supplying of the oxygen would also naturally happen at the beginning of every breath of the passenger);
Sharma fails to teach wherein the emergency oxygen supply system configured to be installed in a passenger cabin of aircraft, the system containing a plurality of passenger oxygen masks and wherein the plurality of successive breaths of the passenger include a plurality of breath durations and wherein the controller is configured for determining the breathing frequency indicator from an average of the plurality of breath durations.
Walker teaches an analogous dosed oxygen system for a passenger aircraft that does teach wherein the plurality of successive breaths of the passenger include a plurality of breath durations and wherein the controller is configured for determining the breathing frequency indicator from an average of the plurality of breath durations (0064 states “calculating at least an average time period of the breathing cycles of the associated passenger and a threshold time calculated based on the calculated average time period, and supplying the face mask with a pulse of anti-blocking gas in case the time period of a breathing cycle appears longer than the threshold time”). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharma with the teachings of Walker and include wherein the plurality of successive breaths of the passenger include a plurality of breath durations and wherein the controller is configured for determining the breathing frequency indicator from an average of the plurality of breath durations as this aids in the controlling of a delivery of a dosage of pulsed flows (0094-0102).
Furthermore, Walker does teach wherein the emergency oxygen supply system configured to be installed in a passenger cabin of aircraft, the system containing a plurality of passenger oxygen masks supplying this oxygen source to each respective passenger (Figure one depicts multiple passenger masks 30 within the system, the abstract also states that this system is for passengers). The control system of Sharma and its properties can be implemented into the oxygen supply system of Walker and apply to each individual mask for the purpose of providing this kind of oxygen treatment to passengers of the aircraft. The context of this supply system applying to individual masks for the passengers as opposed to being a supply system for a crew member does not distinguish the invention over the prior art, as it simply requires an implementation of the oxygen control system scenarios as taught by Sharma, into the system 10 of Walker.
Regarding claim 13, Sharma teaches a method according to claim 10, wherein, in at least one of the normal breathing mode, the slow breathing mode and the fast breathing mode, the amount of oxygen (VN, VS, VF), which is supplied from the oxygen source to the respective passenger oxygen mask, is a function of the breathing frequency indicator (0024 states “The regulator 124 may also actuate the one or more valves 128 when the breathing rate of the crew member is higher than the predetermined breathing rate. To overcome the respiratory disorder caused by these conditions, the crew member may be momentarily forced to inhale the exhaled gas till the breathing rate can be controlled. The oxygen may be stored in an oxygen storage kept onboard for supplying when needed.”), wherein the amount of oxygen (VN, VS, VF), which is supplied from the oxygen source to the passenger oxygen mask, is inversely proportional to the breathing frequency indicated by the breathing frequency indicator (0023 discusses an increase of provided oxygen when there is a lack of breathing by the user. 0024 discusses a decrease in oxygen provided by the oxygen source when the breathing rate is higher than a predetermined rate.);
or wherein, in at least one of the normal breathing mode, the slow breathing mode and the fast breathing mode, the amount of oxygen (VN, VS, VF), which is supplied from the oxygen source to the passenger oxygen mask, is independent of the breathing frequency indicated by the breathing frequency indicator (The supplied oxygen can be based on a pressure level or a blood partial pressure level as discussed in 0025, it can be independent of the breathing rate.).
Regarding claim 14, Sharma teaches a method according to claims 10, wherein the method includes detecting an ambient air pressure and/or a temperature (T) at the aircraft emergency oxygen supply system (Sensor 108), and wherein, in at least one of the normal breathing mode, the slow breathing mode, and the fast breathing mode, the amount of oxygen (VN, VS, VF), which is supplied from the oxygen source to the respective passenger oxygen mask, is a function of the detected ambient air pressure (pair) and/or of the detected temperature (T) (0021 states “the regulator 124 may actuate the one or more valves 128 when the output indicates emergency conditions. The emergency conditions may be understood as conditions when the pressure level present inside the cockpit is lower than a predetermined pressure level”).
Claims 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over modified Sharma, further in view of Jackson et al. 2022/0296845.
Regarding claim 3, modified Sharma teaches the aircraft emergency oxygen supply system according to claim 1, but fails to explicitly teach wherein the controller is configured for repeatedly determining the breathing frequency indicator on the basis of a moving average within a succession of breath durations of a succession of breaths of the passenger, with every average value of the moving average in particular being an average of between 10 and 20 breath durations, further in particular an average of 15 breath durations.
Jackson teaches an analogous nitric oxide delivery device that does teach wherein the controller is configured for repeatedly determining the breathing frequency indicator on the basis of a moving average within a succession of breath durations of a succession of breaths of the passenger (0341 states “After determining the starting point for dose per breath, the controller starts dosing according to the breath rate. The breath rate is tracked with a moving average and dose per breath is altered over time to maintain the target dosing run rate.”). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sharma with the teachings of Jackson and include a determination of breathing frequency based on a moving average as it allows for a target dosage rate of the supplied gas (oxygen) to be maintained (0341).
The combination still fails to teach wherein every average value of the moving average being an average of between 10 and 20 breath durations. However, in light of Jackson’s teaching of the respiration rate being tracked on the basis of a moving average (0341), it would have been obvious to one of ordinary skill in the art to ascertain and employ a desired/optimal range wherein every average value of the moving average being an average of between 10 and 20 breath durations, such as that claimed, as it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05
Regarding claim 12, modified Sharma teaches a method according to claim 10, but fails to teach wherein the method includes repeatedly determining the breathing frequency indicator on the basis of a moving average within a succession of breath durations of a succession of breaths of the passenger, with every average value of the moving average being an average of between 10 and 20 breath durations.
Jackson teaches an analogous nitric oxide delivery device that does teach wherein the method is in particular includes repeatedly determining the breathing frequency indicator on the basis of a moving average within a succession of breath durations of a succession of breaths of the passenger (0341 states “After determining the starting point for dose per breath, the controller starts dosing according to the breath rate. The breath rate is tracked with a moving average and dose per breath is altered over time to maintain the target dosing run rate.”). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Sharma with the teachings of Jackson and include a determination of breathing frequency based on a moving average as it allows for a target dosage rate of the supplied gas (oxygen) to be maintained (0341).
The combination still fails to teach wherein every average value of the moving average in particular being an average of between 10 and 20 breath durations, however in light of Jackson’s teaching of the respiration rate being tracked on the basis of a moving average (0341), it would have been obvious to one of ordinary skill in the art to ascertain and employ a desired/optimal range wherein every average value of the moving average in particular being an average of between 10 and 20 breath durations, , such as that claimed, as it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” MPEP 2144.05
Claims 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over modified Sharma, further in view of Krausholz et al. 2021/0316162.
Regarding claim 7, modified Sharma teaches the aircraft emergency oxygen supply system according to claim 1, but fails to teach wherein the controller is configured for operating in an enforced pulse mode if no breath of a passenger has been detected by the breath sensor for a predefined breath enforce time (Tenf), wherein operating in the enforced pulse mode includes supplying predefined amounts of oxygen (Venf) from the oxygen source to the passenger oxygen mask at predefined time intervals (ΔTenf); wherein the predefined breath enforce time (Tenf), in which no breath has been detected, is in the range of between 5 seconds and 15 seconds; and/or wherein operating in the enforced pulse mode includes in particular supplying predefined amounts (Venf) of oxygen from the oxygen source to the passenger oxygen mask with a frequency of 40 to 60 pulses per minute.
Krausholz teaches an analogous aircraft oxygen system that does teach wherein the controller is configured for operating in an enforced pulse mode if no breath of a passenger has been detected by the breath sensor for a predefined breath enforce time, wherein operating in the enforced pulse mode includes supplying predefined amounts of oxygen (Venf) from the oxygen source to the respective passenger oxygen mask at predefined time intervals (Page states “safety oxygen pulses regularly flow into the oxygen mask if there is no breath within a certain time window of the aircraft passenger was registered.”); wherein the predefined breath enforce time (Tenf), in which no breath has been detected, is in the range of between 5 seconds and 15 seconds (page states “The time window can preferably be set in such a way that no safety oxygen pulse has to be emitted at a normal breathing frequency with recordable breaths. For example, the time window can be 10 seconds, since it can be expected that a breath would have to be registered within 10 seconds. However, if no breath has been registered after 10 seconds, the regular delivery of safety oxygen pulses starts.”)
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Sharma with the teachings of Krausholz and include wherein the controller is configured for operating in an enforced pulse mode if no breath of a passenger has been detected by the breath sensor for a predefined breath enforce time (Tenf), wherein operating in the enforced pulse mode includes supplying predefined amounts of oxygen (Venf) from the oxygen source to the passenger oxygen mask at predefined time intervals (ΔTenf); wherein the predefined breath enforce time (Tenf), in which no breath has been detected, is in the range of between 5 seconds and 15 seconds, as it allows for oxygen to be provided in an emergency situation should the passenger be unable to physically breathe into the mask.
Regarding claim 15, modified Sharma teaches a method according to claim 10, but fails to teach wherein the method includes operating in an enforced pulse mode if no breath of a passenger has been detected by the breath sensor for a predefined breath enforce time (Tenf), wherein operating in the enforced pulse mode includes supplying predefined amounts of oxygen (Venf) from the oxygen source to the respective passenger oxygen mask at predefined time intervals (ΔTenf); wherein the predefined breath enforce time (Tenf), in which no breath has been detected, in the range of between 5 seconds and 15 seconds; or wherein operating in the enforced pulse mode includes supplying predefined amounts (Venf) of oxygen from the oxygen source to the respective passenger oxygen mask with a frequency of 40 to 60 pulses per minute.
Krausholz teaches an analogous aircraft oxygen system that does teach wherein the method includes operating in an enforced pulse mode if no breath of a passenger has been detected by the breath sensor for a predefined breath enforce time, wherein operating in the enforced pulse mode includes supplying predefined amounts of oxygen (Venf) from the oxygen source to the respective passenger oxygen mask at predefined time intervals (Page states “safety oxygen pulses regularly flow into the oxygen mask if there is no breath within a certain time window of the aircraft passenger was registered.”); wherein the predefined breath enforce time (Tenf), in which no breath has been detected, is in the range of between 5 seconds and 15 seconds (page states “The time window can preferably be set in such a way that no safety oxygen pulse has to be emitted at a normal breathing frequency with recordable breaths. For example, the time window can be 10 seconds, since it can be expected that a breath would have to be registered within 10 seconds. However, if no breath has been registered after 10 seconds, the regular delivery of safety oxygen pulses starts.”)
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Sharma with the teachings of Krausholz and include wherein the controller is configured for operating in an enforced pulse mode if no breath of a passenger has been detected by the breath sensor for a predefined breath enforce time (Tenf), wherein operating in the enforced pulse mode includes supplying predefined amounts of oxygen (Venf) from the oxygen source to the passenger oxygen mask at predefined time intervals (ΔTenf); wherein the predefined breath enforce time (Tenf), in which no breath has been detected, is in particular in the range of between 5 seconds and 15 seconds, wherein the predefined breath enforce time (Tenf) is more particularly in the range of between 9 seconds and 11 seconds as it allows for oxygen to be provided in an emergency situation should the passenger be unable to physically breathe into the mask.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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.
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/ROHAN PATEL/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
