DETAILED ACTION
Primary Examiner acknowledges Claims 21-40 are pending in this application, with Claims 21-40 having been newly added, and Claims 1-20 having been cancelled by preliminary amendment on January 29, 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 “10” has been used to designate “PAP device” and “device” (Paras 0070, 0074, and 0075). Appropriate correction is required.
Reference character “100” has been used to designate “blower motor assembly housing”, “blower motor assembly” (Paras 0063, 0070, 0073, 0074 – 3 instances, 0075 – 2 instances, 0077, 0078 – 3 instances, and 0082 – 2 instances), and “housing” (Paras 0075 – 4 instances, and 0082 – 2 instances). Appropriate correction is required.
Reference character “102” has been used to designate “heater element” and “heater plate” (Paras 0073, 0074, and 0081). Appropriate correction is required.
Reference character “104” has been used to designate “chamber” and “connectors” (Para 0073). Appropriate correction is required.
Reference character “12” has been used to designate “power base” and “base” (Para 0060). Appropriate correction is required.
Reference character “122” has been used to designate “baffles” and “outlet” (Para 0078). Appropriate correction is required.
Reference character “128” has been used to designate “tube” (Para 0065) and “hose, tube, or conduit” (Para 0070). Appropriate correction is required.
Reference character “14” has been used to designate “flow generator housing”, “flow generator housing part” (Para 0042), and “first housing part” (Para 0057). Appropriate correction is required.
Reference character “142” has been used to designate “outlet tube” and “tube” (Para 0075). Appropriate correction is required.
Reference character “150” has been used to designate “lower component” and “slots” (Para 0085). Appropriate correction is required.
Reference character “168” has been used to designate “humidified air flow” and “edge” (Para 0086). Appropriate correction is required.
Reference character “28” has been used to designate “electrical connector” and “electrical connection” (Para 0062). Appropriate correction is required.
Reference character “54” has been used to designate “spiral airflow” (Para 0052), “air flow”, and “humidified airflow” (Para 0052). Appropriate correction is required.
Reference character “56” has been used to designate “connector”, “electrical and control connector” (Para 0046), and “electrical connections and/or contacts” (Para 0047). Appropriate correction is required.
Reference character “58” has been used to designate “pressurized air flow” (Para 0051) and “air flow”. Appropriate correction is required.
Reference character “88” has been used to designate “flow generator housing”, “housing”, and “lid” (Para 0074). Appropriate correction is required.
Reference character “95” has been used to designate “air inlets” and “inlets” (Para 0070 and 0075). Appropriate correction is required.
Reference character “98” has been used to designate “blower motor assembly”, “blower motor” (Para 0063 – 3 instances, 0069), “motor” (Para 0069, 0070), and “blower assembly” (Para 0073 – 2 instances, 0074 – 2 instances, 0075, 0080 – 2 instances, 0082, 2 instances). Appropriate correction is required.
Reference characters “148”, “36”, “54”, and “58” have been used to designate “air flow”. Appropriate correction is required.
Reference characters “100”, “32”, and “98” have been used to designate “blower motor assembly”. Appropriate correction is required.
Reference characters “128” and “136” have been used to designate “conduit”. Appropriate correction is required.
Reference characters “126”, “56”, “72”, and “84” have been used to designate “connector”. Appropriate correction is required.
Reference characters “56”, “72”, and “74” have been used to designate “connectors”. Appropriate correction is required.
Reference characters “56” and “74” have been used to designate “control connector”. Appropriate correction is required.
Reference characters “30” and “31” have been used to designate “power supply and control unit”. Appropriate correction is required.
Reference characters “20” and “92” have been used to designate “controls”. Appropriate correction is required.
Reference characters “22” and “94” have been used to designate “display”. Appropriate correction is required.
Reference characters “158” and “28” have been used to designate “electrical connector”. Appropriate correction is required.
Reference characters “14” and “88” have been used to designate “flow generator housing”. Appropriate correction is required.
Reference characters “102” has been used to designate “heater plate” and “heating plate”. Appropriate correction is required.
Reference characters “88” and “100” have been used to designate “housing”. Appropriate correction is required.
Reference characters “164”, “168”, and “54” have been used to designate “humidified air flow”. Appropriate correction is required.
Reference characters “146” and “88” have been used to designate “lid”. Appropriate correction is required.
Reference characters “43” and “45” have been used to designate “lip”. Appropriate correction is required.
Reference characters “110”, “122”, “124”, “132”, “26”, “62”, and “78” have been used to designate “outlet”. Appropriate correction is required.
Reference characters “10” and “11” have been used to designate “PAP device”. Appropriate correction is required.
Reference characters “12” and “13” have been used to designate “power base”. Appropriate correction is required.
Reference characters “48” and “49” have been used to designate “spiral channel”. Appropriate correction is required.
Reference characters “154” and “162” have been used to designate “tabs”. Appropriate correction is required.
Reference characters “40”, “42”, and “64” have been used to designate “threaded portion”. Appropriate correction is required.
Reference characters “128” and “142” have been used to designate “tube”. Appropriate correction is required.
Reference characters “152” and “160” have been used to designate “upper component”. 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 “10” has been used to designate “PAP device” and “device” (Paras 0070, 0074, and 0075). Appropriate correction is required.
Reference character “100” has been used to designate “blower motor assembly housing”, “blower motor assembly” (Paras 0063, 0070, 0073, 0074 – 3 instances, 0075 – 2 instances, 0077, 0078 – 3 instances, and 0082 – 2 instances), and “housing” (Paras 0075 – 4 instances, and 0082 – 2 instances). Appropriate correction is required.
Reference character “102” has been used to designate “heater element” and “heater plate” (Paras 0073, 0074, and 0081). Appropriate correction is required.
Reference character “104” has been used to designate “chamber” and “connectors” (Para 0073). Appropriate correction is required.
Reference character “12” has been used to designate “power base” and “base” (Para 0060). Appropriate correction is required.
Reference character “122” has been used to designate “baffles” and “outlet” (Para 0078). Appropriate correction is required.
Reference character “128” has been used to designate “tube” (Para 0065) and “hose, tube, or conduit” (Para 0070). Appropriate correction is required.
Reference character “14” has been used to designate “flow generator housing”, “flow generator housing part” (Para 0042), and “first housing part” (Para 0057). Appropriate correction is required.
Reference character “142” has been used to designate “outlet tube” and “tube” (Para 0075). Appropriate correction is required.
Reference character “150” has been used to designate “lower component” and “slots” (Para 0085). Appropriate correction is required.
Reference character “168” has been used to designate “humidified air flow” and “edge” (Para 0086). Appropriate correction is required.
Reference character “28” has been used to designate “electrical connector” and “electrical connection” (Para 0062). Appropriate correction is required.
Reference character “54” has been used to designate “spiral airflow” (Para 0052), “air flow”, and “humidified airflow” (Para 0052). Appropriate correction is required.
Reference character “56” has been used to designate “connector”, “electrical and control connector” (Para 0046), and “electrical connections and/or contacts” (Para 0047). Appropriate correction is required.
Reference character “58” has been used to designate “pressurized air flow” (Para 0051) and “air flow”. Appropriate correction is required.
Reference character “88” has been used to designate “flow generator housing”, “housing”, and “lid” (Para 0074). Appropriate correction is required.
Reference character “95” has been used to designate “air inlets” and “inlets” (Para 0070 and 0075). Appropriate correction is required.
Reference character “98” has been used to designate “blower motor assembly”, “blower motor” (Para 0063 – 3 instances, 0069), “motor” (Para 0069, 0070), and “blower assembly” (Para 0073 – 2 instances, 0074 – 2 instances, 0075, 0080 – 2 instances, 0082, 2 instances). Appropriate correction is required.
Reference characters “148”, “36”, “54”, and “58” have been used to designate “air flow”. Appropriate correction is required.
Reference characters “100”, “32”, and “98” have been used to designate “blower motor assembly”. Appropriate correction is required.
Reference characters “128” and “136” have been used to designate “conduit”. Appropriate correction is required.
Reference characters “126”, “56”, “72”, and “84” have been used to designate “connector”. Appropriate correction is required.
Reference characters “56”, “72”, and “74” have been used to designate “connectors”. Appropriate correction is required.
Reference characters “56” and “74” have been used to designate “control connector”. Appropriate correction is required.
Reference characters “30” and “31” have been used to designate “power supply and control unit”. Appropriate correction is required.
Reference characters “20” and “92” have been used to designate “controls”. Appropriate correction is required.
Reference characters “22” and “94” have been used to designate “display”. Appropriate correction is required.
Reference characters “158” and “28” have been used to designate “electrical connector”. Appropriate correction is required.
Reference characters “14” and “88” have been used to designate “flow generator housing”. Appropriate correction is required.
Reference characters “102” has been used to designate “heater plate” and “heating plate”. Appropriate correction is required.
Reference characters “88” and “100” have been used to designate “housing”. Appropriate correction is required.
Reference characters “164”, “168”, and “54” have been used to designate “humidified air flow”. Appropriate correction is required.
Reference characters “146” and “88” have been used to designate “lid”. Appropriate correction is required.
Reference characters “43” and “45” have been used to designate “lip”. Appropriate correction is required.
Reference characters “110”, “122”, “124”, “132”, “26”, “62”, and “78” have been used to designate “outlet”. Appropriate correction is required.
Reference characters “10” and “11” have been used to designate “PAP device”. Appropriate correction is required.
Reference characters “12” and “13” have been used to designate “power base”. Appropriate correction is required.
Reference characters “48” and “49” have been used to designate “spiral channel”. Appropriate correction is required.
Reference characters “154” and “162” have been used to designate “tabs”. Appropriate correction is required.
Reference characters “40”, “42”, and “64” have been used to designate “threaded portion”. Appropriate correction is required.
Reference characters “128” and “142” have been used to designate “tube”. Appropriate correction is required.
Reference characters “152” and “160” have been used to designate “upper component”. Appropriate correction 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.
Claims 21, 24, and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dobson et al. (5,564,415).
As to Claim 21, Dobson discloses a PAP device (Figures 1-3) for supplying a flow of breathable gas to a patient, the PAP device (Figures 1-3) comprising: a flow generator (3, “The ventilator 1 (see FIG. 3) is a small, compact unit with a variable speed fan 3 or similar means for generating air flow at pressures above atmospheric.” Column 3, Lines 5-20) contained within a housing (defined as the combination 1 and 4, wherein 1 – “The ventilator 1 (see FIG. 3) is a small, compact unit with a variable speed fan 3 or similar means for generating air flow at pressures above atmospheric. In use, atmospheric air enters through vents in the back 5 of the ventilator 1 and exits under pressure through the outlet 7. For clarity and simplicity, the term ventilator is used herein to include any and all respiratory devices (including respirators) for generating air flow for use by a patient.” Column 3, Lines 5-20, and wherein 4 – “The humidifier 2 as illustrated in the exploded view of FIG. 3 includes separable top and bottom members 4 and 6. Both members 4 and 6 are made of relatively rigid or hard plastic or other material with the top member 4 serving as a separable cover for the bottom member 6.” Column 3, Lines 20-40) and configured to pressurize the flow of breathable gas, the flow generator (3) comprising an inlet (via 44 of 4, Note: The denotation of the word inlet means a point of entry and not necessarily an intended directionality of flow, “In this assembled position (see FIGS. 7 and 8), air A under pressure enters the humidifier 2 through air inlet 44 where it is directed downwardly into the body of the humidifier 2 (FIG. 7).” Column 4, Lines 30-60; “In the preferred embodiment, the ventilator 1 is removably attached atop the underlying humidifier 2 in a predetermined, fixed position. This is accomplished as illustrated in FIGS. 13-16 by rigidly coupling the air outlet 7 of the ventilator 1 directly to the air inlet 44 of the humidifier 2. ….Thus, the act of placing the flow passages 9 and 68 in fluid communications with each other sealing engages the air outlet 7 and air inlet 44 and at the same time, affixes the ventilator 1 in a stacked position atop the humidifier 2.” Column 6, Lines 10-40) on a bottom side of the housing (defined as the combination 1 and 4) and an outlet (48, “As shown in FIG. 8, the air A then flows around the divider 46 and exits through the outlet 48 and onto the patient (see also FIGS. 1-3).” Column 4, Lines 30-60) configured to connect to an air delivery tube (best seen Figure 1); and a humidifier tub (6, “The humidifier 2 as illustrated in the exploded view of FIG. 3 includes separable top and bottom members 4 and 6. Both members 4 and 6 are made of relatively rigid or hard plastic or other material with the top member 4 serving as a separable cover for the bottom member 6.” Column 3, Lines 20-40) configure to be secured to the housing (defined as the combination 1 and 4) and humidify the pressurized flow of breathable gas, the humidifier tub (6) comprising an outlet (via 14 of 12, “The bottom member 6 as best seen in FIGS. 3-6 serves as a reservoir for holding water 8 and includes a bottom wall 10 (see FIG. 4) and surrounding side wall 12. The side wall 12 extends upwardly from and about the bottom wall 10 to form therewith the reservoir for holding the water 8. The side wall 12 as shown has an upper portion 14 spaced from the bottom wall 10 and extending about the central axis 16.” Column 3, Lines 20-40) configured to be sealingly connected to the inlet (via 44 of 4) of the flow generator housing (defined as the combination 1 and 4) when the humidifier tub (6) is secured to the flow generator (3), wherein the flow generator (3) is configured to be stacked (“FIG. 1 is a perspective view of the stacked ventilator and humidifier unit of the present invention shown in use supplying humidified air under pressure to a patient.” Column 2, Lines 30-35; “The sealing, retaining, and attaching arrangements of the present invention as best seen in FIGS. 1-3 have been primarily designed for use in a stackable combination of a ventilator 1 and a humidifier 2.” Column 3, Lines 5-20; and “Thus, the act of placing the flow passages 9 and 68 in fluid communications with each other sealing engages the air outlet 7 and air inlet 44 and at the same time, affixes the ventilator 1 in a stacked position atop the humidifier 2.” Column 6, Lines 20-45) on top of the humidifier tub (6) when the flow generator (3) is secured to the humidifier tub (6), and wherein the flow generator (3) and the humidifier tub (6) are configured to be automatically aligned (via friction fitment as seen in Figures 4-6) when the outlet (via 14 of 12) of the humidifier tub (6) is sealingly connected to the inlet (via 44 of 4) of the flow generator (3).
As to Claim 24, Dobson discloses a seal (24, “In the preferred embodiment, the bottom reservoir member 6 has a resilient, flexible seal 24 which is preferably annular as shown in FIG. 3. Additionally, like the upper and lower portions 14 and 22 of the top and bottom members 4 and 6, the seal 24 also preferably extends substantially elliptically or non-circularly about the axis 16. The seal 24 (see FIG. 4) includes a first or inner section 26 attached (e.g., glued) to the upper portion 14 of the bottom reservoir member 6. The remaining or, outer section 28 of the seal 24 extends outwardly of and about the axis 16 and the upper portion 14 to form a protruding lip.” Column 3, Lines 35-55) located above (best seen Figure 6) a maximum fill line of the humidifier tub (6).
As to Claim 29, Dobson discloses the outlet (via 14 of 12) of the humidifier tub (6) is located on a top side (best seen Figures 4-6) of the humified tub (6).
Claims 21-27, 29, 31, and 32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deming et al. (4,399,349).
As to Claim 21, Deming discloses a PAP device (Figures 1 and 2) for supplying a flow of breathable gas to a patient, the PAP device comprising: a flow generator (29, “On a shaft 30 extending through the bottom of the motor housing 33 from the motor 31 is an axial fan 29. Although an axial fan is illustrated, other fans such as centrifugal or transverse types can be used. The fan 29 draws air from air inlet holes 21 in the upper housing 2 placed circumferentially near the bottom of air-steam mixing chamber 22 and an annular air inlet 27 as hereinafter discussed. … The wall of the motor housing 33 forms an inside wall of an annular steam outlet 25. The steam-air mixture from the mixing chamber 22 is blown through the steam outlet 25 by the fan 29. …” Column 5, Lines 20-70) contained within a housing (2, “The upper housing 2 and the lower housing 1 are attached by, e.g., a lap seam 8. The seam 8 is sealed by conventional means, e.g., ultrasonic means, and is covered by a decorative ring 10.” Column 4, Lines 1-20) and configured to pressurize the flow of breathable gas, the flow generator (29) comprising an inlet (via 10 of 2, “a decorative ring 10” Column 4, Lines 1-20) on a bottom side of the housing (2) and an outlet (25, “When more water is added through the fill tube 15, it overflows into the steam exit pathway 13 and thence out the steam outlet 25.” Column 5, Lines 1-15; “The wall of the motor housing 33 forms an inside wall of an annular steam outlet 25. The steam-air mixture from the mixing chamber 22 is blown through the steam outlet 25 by the fan 29. The bottom of the outlet 25 passes the base of the motor housing 33 through large apertures between radial bars 50 which fix the housing 33 to the outer wall 3 of the steam outlet 25. The outer wall 3 of the steam outlet 25 is attached by radial bars 26 at the top to the upper outer housing 2 and at the bottom to the top of the upper tank 7.” Column 5, Lines 20-70; “The attaching end 52 is inserted into the annular steam outlet 25 so as to occupy its outer circumference while permitting the steam-air mixture to escape through the inner circumference of the steam outlet 25 and subsequently through the attachment.” Column 6, Lines 1-35; “ In use the sauna operates as follows, the operator takes the empty, cold sauna and turns it upside down, then removes the plug 17 from the water fill tube 15 and pours water or other aqueous fluid into the fill tube 15 until water drips out the steam outlet 25. This indicates the appliance is full. The plug 17 is reinserted, the sauna is turned upright, the desired attachment is attached to the outlet end, the sliding ring 23 is adjusted and the power cord 46 is plugged in. After a wait of about three minutes for heat up of the water, steam emerges from the steam outlet 25 and the appliance is ready to use.” Column 6, Lines 55-70) configured to connect to an air delivery tube (via 52 of Figures 5-8, “The amount of air entering the air inlet 27 is controlled by the attachments shown in FIGS. 5-8 which attach to the outlet end of the facial sauna by e.g., a bayonet attachment. The attachments, i.e., facial mask 47, concentrator tube 49, brush attachment 51 and sponge attachment 53 are hollow to allow the steam-air mixture to escape. Except for the facial mask, they have segmented lower flanges 54 on their attaching ends 52. The attaching end 52 is inserted into the annular steam outlet 25 so as to occupy its outer circumference while permitting the steam-air mixture to escape through the inner circumference of the steam outlet 25 and subsequently through the attachment.” Column 6, Lines 1-35); a humidifier tub (1, “The upper housing 2 and the lower housing 1 are attached by, e.g., a lap seam 8. The seam 8 is sealed by conventional means, e.g., ultrasonic means, and is covered by a decorative ring 10.” Column 4, Lines 1-20) configured to be secured (via 8/10 – The seam 8 is sealed by conventional means, e.g., ultrasonic means, and is covered by a decorative ring 10.” Column 4, Lines 1-20) to the housing (2) and humidify the pressurized flow of breathable gas, the humidifier tub (2) comprising an outlet (via 8 of 1, “seam 8”) configured to sealingly connect to the inlet (via 10 of 2) of the flow generator housing (2) when the humidifier tub (1) is secured to the flow generator (29), wherein the flow generator (29) is configured to be stacked (best seen Figures 1 and 2) on top of the humidifier tub (1) when the flow generator (29) is secured to the humidifier tub (1), and wherein the flow generator (29) and the humidifier tub (1) are configured to be automatically aligned (via interference frictional fitment of 8/10) when the outlet (via 8 of 1) of the humidifier tub (1) is sealingly connected to the inlet (via 10 of 2) of the flow generator (29).
As to Claim 22, Deming discloses the flow generator (29) is configured to generate heat (via turbulence resulting in an excitation of flow) to draw fluid (“steam-air mixture” Column 6, Lines 1-35) from the humidifier tub (1) into the flow generator (29).
As to Claim 23, Deming discloses the fluid (“steam-air mixture” Column 6, Lines 1-35) is humidified gas.
As to Claim 24, Deming discloses a seal (defined by the “sealed” construction of “The upper housing 2 and the lower housing 1 are attached by, e.g., a lap seam 8. The seam 8 is sealed by conventional means, e.g., ultrasonic means, and is covered by a decorative ring 10.” Column 4, Lines 1-20) located above a maximum fill line of the humidifier tub (1).
As to Claim 25, Deming discloses a power supply base (11, “The base 11 of the lower housing 1 is detachable and is held in place by screws 38 which also hold feet 37 to the base 11. The feet 37 provide a cushion for the sauna to rest on. There are usually three feet 37. The base 11 is made of an impact and heat resistant moldable plastic such as phenolic resin and the feet are made of a resilient plastic. The base 11 has two openings, one for a water fill tube 15 and one for a power cord 16.” Column 4, Lines 1-30; “The base 11 also has a hole 16 for a power cord 46 which powers the heater 43 and the fan motor 31 in the upper housing 2. The wiring for the fan motor 31 is in a wiring tube 35 which extends from inside the base 11 along the inside of the walls of the lower outer housing 1 and upper outer housing 2 through the motor housing 33 to the motor 31.” Column 4, Lines 45-55), wherein the humidifier tub (1) is configured to be stacked (best seen Figures 1 and 2) on top of the power supply base (11) when the humidifier tub (1) is secured to the power supply base (11).
As to Claim 26, Deming discloses the power supply base (11) is configured to supply power to the flow generator (29) instead of the humidifier tub (1). Explicitly, Deming discloses “The base 11 also has a hole 16 for a power cord 46 which powers the heater 43 and the fan motor 31 in the upper housing 2.” (Column 4, Lines 45-55).
As to Claim 27, Deming discloses the power supply base (11) is removable (“detachable”, “The base 11 of the lower housing 1 is detachable and is held in place by screws 38 which also hold feet 37 to the base 11. The feet 37 provide a cushion for the sauna to rest on. There are usually three feet 37. The base 11 is made of an impact and heat resistant moldable plastic such as phenolic resin and the feet are made of a resilient plastic. The base 11 has two openings, one for a water fill tube 15 and one for a power cord 16.” Column 4, Lines 1-30) from the humidifier tub (1).
As to Claim 29, Deming discloses the outlet (via 8 of 1) of the humidifier tub (1) is located on a top side of the humidifier tub (1).
As to Claim 31, Deming discloses the flow generator (29) comprises a user interface (via operation of 23 to control the admixing of air, “The air inlet holes 21 are covered by a rotating sliding ring 23 which has holes 23A in it about the same size and number as the air inlet holes 21. The ring 23 is slidably supported on the upper outer housing 2. When the ring 23 is rotated the inlet holes 21 are either covered, partially covered or uncovered, thus controlling the amount of air flow.” Column 5, Lines 20-70) on a top side of the housing (2).
As to Claim 32, Deming discloses the user interface (via operation of 23 to control the admixing of air) is at least one of a knob/dial (defined by the function of “When the ring 23 is rotated” Column 5, Lines 20-70).
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 30 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Deming et al. (4,399,349) in view of Schossow (3,873,806).
As to Claim 30, Deming discloses the humidifier tub (1), whereby the amount of water added is “sufficient volume of water to enable the sauna to operate for about 10 to 12 minutes before refilling is necessary.” (Column 5, Lines 15-25).
Yet, Deming does not expressly disclose the humidifier tub is transparent.
Schossow teaches a PAP device (Figure 1) for supplying a flow of breathable gas to a patient, wherein the PAP device (Figure 1) comprises a flow generator (30, “Generally circular tubular members 25, fitted in the cap 24 and member 26, define openings which lead from the outer surface of the cap 24 to communicate with the inner chamber formed by the wall 26 in which is disposed a drive motor 28 for a fan 30. The fan 30 is supported from the motor 28 by the drive shaft 31. The motor 28 and fan 30 are supported from a frame 32 disposed within the cap 24. The shaft 31 extends through an enlarged central opening 29 in the frame 32, which opening 29 together with openings 30a in the top plate of the fan 30 draw air through openings 25 into the inner chamber 26 to cool the motor and to afford sufficient air flow through the unit to maintain the discharged vapor at a safe temperature when a second air flow control, to be hereinafter described, is completely closed.” Column 3, Line 60 thru Column 4, Line 25) contained within a housing (11, which includes 21 and 22, “The cover 11 comprises a generally planar, and in the illustrated embodiment circular, plate member 21, depending from which is a circular flange 22 having an inner diameter to receive the top of the circular side wall 17. Supported above the plate 21 is a dome-shaped cap 24 within which is a spaced generally hemispherically-shaped member 26 to define therebetween a vapor discharge or exhaust chamber 27.” Column 3, Line 60 thru Column 4, Line 25) and configured to pressurize the flow of breathable gas, the flow generator (30) comprising an inlet (via 36, “The fan 30 is positioned directly above the vaporization chamber 14 and a central opening 35 disposed in the plate 21 is positioned in registry with an opening 36 in the bottom plate of the fan defining the inlet area of the fan 30. The opening 36 is centrally positioned relative to the fan blades 37.” Column 3, Line 60 thru Column 4, Line 25) on a bottom side of the housing (11 including 21 and 22) and an outlet (via 55, “The cap 24 may be formed at its uppermost point with a discharge nozzle 55 which may be adjustable 360.degree.F. relative to the top of the cap to determine the direction of the discharge of the warm moist air. The discharge end 56 of the nozzle 55 may be formed with a suitable fastener to receive the end 57 of a conduit 58 through which the warm moist air may be directed to a distant location, for example, into a tent over a bed, directly to an oxygen tent or to another unit, e.g., a furnace plenum. Also adapted for connection on the end 56 of the discharge nozzle 55 may be a cone or molding forming a chamber for a facial sauna.” Column 5, Lines 30-45) configured to connect to an air delivery tube (58, “a conduit 58” Column 5, Lines 30-45); and a humidifier tub (12, “The base portion 12 is formed to comprise a storage chamber 13 for holding a limited water supply to replenish the supply of water in an inner isolated and insulated vaporization chamber 14 formed as hereinafter defined. As illustrated the base 12 is generally circular and tub-shaped with a bottom wall 16 and a circular side wall 17. The storage chamber 13 is adapted to be filled with liquid, such as tap water, having natural impurities therein including such minerals as calcium, iron, magnesium sodium and potassium, and possibly dust particles.” Column 3, Lines 30-60) configured to be secured (via interference fitment as seen in Figure 1 whereby 22 of 11 engages with 17 of 12 – “The cover 11 is adapted to telescopically fit over and onto the top of the circular side wall 17 of the base 12. The cover 11 comprises a generally planar, and in the illustrated embodiment circular, plate member 21, depending from which is a circular flange 22 having an inner diameter to receive the top of the circular side wall 17.” Column 3, Line 55 thru Column 4, Line 25) to the housing (11) and humidify the pressurized flow of breathable gas, the humidifier tub (12) comprising an outlet (via 41 as engaged with 35/36, “ Adjacent the upper portion of the tubular member 39, or the end thereof secured to the plate 21, is a plurality of air vent holes 41 which are above the water level of the reservoir 13 and which permit air to be drawn into the upper portion of the vaporization chamber 14 by the fan 30. … Air enters the base 12 to move through the vent holes 41 through one or more inlet ports 42 formed with an adjustable cover 43 in the cover plate 21 to allow for variation in the amount of air entering the base 12 and the temperature of the steam discharged. The vent holes 41 will also permit the hot water in the vaporization chamber to pour out and mix with the water in the reservoir if the unit is tipped and the cover and base do not separate and destroy the vaporization chamber.” Column 4, Lines 25-55) configured to be sealingly connected to the inlet (via 36) of the flow generator housing (11) when the humidifier tub (12) is secured (via interference fitment as seen in Figure 1 whereby 22 of 11 engages with 17 of 12) to the flow generator (30), wherein the flow generator (30) is stacked on top (best seen Figure 1) of the humidifier tub (12) when the flow generator (30) is secured (via interference fitment as seen in Figure 1 whereby 22 of 11 engages with 17 of 12) to the humidifier tub (12), and wherein the flow generator (30) and the humidifier tub (12) are configured to be automatically aligned (via interference fitment as seen in Figure 1 whereby 22 of 11 engages with 17 of 12) when the outlet (via 41 as engaged with 35/36) of the humidifier tub (12) is sealingly connected to the inlet (via 36) of the flow generator (30).
Regarding the remaining limitations of the claims, Schossow teaches the configuration of the humidifier tub (12) having a transparent portion (59, “In the base 12 of the vaporizer-humidifier and penetrating the wall 17, may be a transparent tube 59 to form a water level indicator for the storage chamber 13 and generally for vaporization chamber 14.” Column 5, Lines 40-55) to provide a visual indication of the water level within the humidifier tub.
In light of the teachings of Schossow, the modification of Deming to include the teachings of Schossow would provide the resultant effect of notifying the user of the PAP device how much liquid was available for the breathing treatment.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the humidifier tub of Deming to include the use of a transparent humidifier tub as taught by Schossow to provide a visual indication of the remaining amount of liquid within the humidifier tub.
As to Claim 33, Demings discloses the flow generator (29) is configured to generate heat (via turbulence resulting in an excitation of flow) to draw fluid (“steam-air mixture” Column 6, Lines 1-35) from the humidifier tub (1) into the flow generator (29); the outlet (via 8 of 1) of the humidifier tub (1) is located on a top side of the humidifier tub (1); the flow generator (29) comprises a user interface (via operation of 23 to control the admixing of air, “The air inlet holes 21 are covered by a rotating sliding ring 23 which has holes 23A in it about the same size and number as the air inlet holes 21. The ring 23 is slidably supported on the upper outer housing 2. When the ring 23 is rotated the inlet holes 21 are either covered, partially covered or uncovered, thus controlling the amount of air flow.” Column 5, Lines 20-70) on a top side of the housing (2); and the user interface (via operation of 23 to control the admixing of air) is at least one of a knob/dial (defined by the function of “When the ring 23 is rotated” Column 5, Lines 20-70).
Yet, Deming does not expressly disclose the humidifier tub is transparent.
Schossow teaches a PAP device (Figure 1) for supplying a flow of breathable gas to a patient, wherein the PAP device (Figure 1) comprises a flow generator (30, “Generally circular tubular members 25, fitted in the cap 24 and member 26, define openings which lead from the outer surface of the cap 24 to communicate with the inner chamber formed by the wall 26 in which is disposed a drive motor 28 for a fan 30. The fan 30 is supported from the motor 28 by the drive shaft 31. The motor 28 and fan 30 are supported from a frame 32 disposed within the cap 24. The shaft 31 extends through an enlarged central opening 29 in the frame 32, which opening 29 together with openings 30a in the top plate of the fan 30 draw air through openings 25 into the inner chamber 26 to cool the motor and to afford sufficient air flow through the unit to maintain the discharged vapor at a safe temperature when a second air flow control, to be hereinafter described, is completely closed.” Column 3, Line 60 thru Column 4, Line 25) contained within a housing (11, which includes 21 and 22, “The cover 11 comprises a generally planar, and in the illustrated embodiment circular, plate member 21, depending from which is a circular flange 22 having an inner diameter to receive the top of the circular side wall 17. Supported above the plate 21 is a dome-shaped cap 24 within which is a spaced generally hemispherically-shaped member 26 to define therebetween a vapor discharge or exhaust chamber 27.” Column 3, Line 60 thru Column 4, Line 25) and configured to pressurize the flow of breathable gas, the flow generator (30) comprising an inlet (via 36, “The fan 30 is positioned directly above the vaporization chamber 14 and a central opening 35 disposed in the plate 21 is positioned in registry with an opening 36 in the bottom plate of the fan defining the inlet area of the fan 30. The opening 36 is centrally positioned relative to the fan blades 37.” Column 3, Line 60 thru Column 4, Line 25) on a bottom side of the housing (11 including 21 and 22) and an outlet (via 55, “The cap 24 may be formed at its uppermost point with a discharge nozzle 55 which may be adjustable 360.degree.F. relative to the top of the cap to determine the direction of the discharge of the warm moist air. The discharge end 56 of the nozzle 55 may be formed with a suitable fastener to receive the end 57 of a conduit 58 through which the warm moist air may be directed to a distant location, for example, into a tent over a bed, directly to an oxygen tent or to another unit, e.g., a furnace plenum. Also adapted for connection on the end 56 of the discharge nozzle 55 may be a cone or molding forming a chamber for a facial sauna.” Column 5, Lines 30-45) configured to connect to an air delivery tube (58, “a conduit 58” Column 5, Lines 30-45); and a humidifier tub (12, “The base portion 12 is formed to comprise a storage chamber 13 for holding a limited water supply to replenish the supply of water in an inner isolated and insulated vaporization chamber 14 formed as hereinafter defined. As illustrated the base 12 is generally circular and tub-shaped with a bottom wall 16 and a circular side wall 17. The storage chamber 13 is adapted to be filled with liquid, such as tap water, having natural impurities therein including such minerals as calcium, iron, magnesium sodium and potassium, and possibly dust particles.” Column 3, Lines 30-60) configured to be secured (via interference fitment as seen in Figure 1 whereby 22 of 11 engages with 17 of 12 – “The cover 11 is adapted to telescopically fit over and onto the top of the circular side wall 17 of the base 12. The cover 11 comprises a generally planar, and in the illustrated embodiment circular, plate member 21, depending from which is a circular flange 22 having an inner diameter to receive the top of the circular side wall 17.” Column 3, Line 55 thru Column 4, Line 25) to the housing (11) and humidify the pressurized flow of breathable gas, the humidifier tub (12) comprising an outlet (via 41 as engaged with 35/36, “ Adjacent the upper portion of the tubular member 39, or the end thereof secured to the plate 21, is a plurality of air vent holes 41 which are above the water level of the reservoir 13 and which permit air to be drawn into the upper portion of the vaporization chamber 14 by the fan 30. … Air enters the base 12 to move through the vent holes 41 through one or more inlet ports 42 formed with an adjustable cover 43 in the cover plate 21 to allow for variation in the amount of air entering the base 12 and the temperature of the steam discharged. The vent holes 41 will also permit the hot water in the vaporization chamber to pour out and mix with the water in the reservoir if the unit is tipped and the cover and base do not separate and destroy the vaporization chamber.” Column 4, Lines 25-55) configured to be sealingly connected to the inlet (via 36) of the flow generator housing (11) when the humidifier tub (12) is secured (via interference fitment as seen in Figure 1 whereby 22 of 11 engages with 17 of 12) to the flow generator (30), wherein the flow generator (30) is stacked on top (best seen Figure 1) of the humidifier tub (12) when the flow generator (30) is secured (via interference fitment as seen in Figure 1 whereby 22 of 11 engages with 17 of 12) to the humidifier tub (12), and wherein the flow generator (30) and the humidifier tub (12) are configured to be automatically aligned (via interference fitment as seen in Figure 1 whereby 22 of 11 engages with 17 of 12) when the outlet (via 41 as engaged with 35/36) of the humidifier tub (12) is sealingly connected to the inlet (via 36) of the flow generator (30).
Regarding the remaining limitations of the claims, Schossow teaches the configuration of the humidifier tub (12) having a transparent portion (59, “In the base 12 of the vaporizer-humidifier and penetrating the wall 17, may be a transparent tube 59 to form a water level indicator for the storage chamber 13 and generally for vaporization chamber 14.” Column 5, Lines 40-55) to provide a visual indication of the water level within the humidifier tub.
In light of the teachings of Schossow, the modification of Deming to include the teachings of Schossow would provide the resultant effect of notifying the user of the PAP device how much liquid was available for the breathing treatment.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the humidifier tub of Deming to include the use of a transparent humidifier tub as taught by Schossow to provide a visual indication of the remaining amount of liquid within the humidifier tub.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Deming et al. (4,399,349) in view of Burton (6,349,724).
As to Claim 28, Deming discloses a power supply base (11); yet, does not expressly disclose the configuration of the portable supply base to include a rechargeable battery.
Burton teaches a PAP device (Figure 1) for supplying a flow of breathable gas to a patient, the PAP device (Figure 1) comprising: a flow generator (36/46, “The shaft 22 turns high pressure impeller blades 46 in the high pressure chamber 45 and turns low pressure impeller blades 36 in the low pressure chamber 35.” Column 3, Lines 30-50) contained within a housing (10, “The gas delivery device 10, preferably is small enough and light weight enough to be portable. The gas delivery device 10 has a carrying handle 11 to aid in transporting the device.” Column 3, Lines 10-30), whereby the flow generator (36/46) includes an inlet (via 33, best seen Figure 1, “Similarly air intake aperture 132 for the low pressure chamber 35 has air filter 92 for filtering intake air stream 33.” Column 3, Lines 30-50) on a bottom side of the housing (10) and an outlet (via 48, “The outlet nozzle 48 is a split nozzle extending from the housing 25 over the housing barrier 40 such that both high pressure air 47 the adjacent low pressure air 37 flow in their respective halves of the nozzle to a split coupler 58 having two sides.” Column 5, Lines 35-40) configured to connect to an air delivery hose (50, “A dual pressure hose 50 connects to the coupler 58. The dual pressure hose 50 has a high pressure side 51 and a low pressure side 52 for transporting the high pressure gas 47 and low pressure gas 37 to the mask 70.” Column 5, Lines 40-50), and a humidifier (55, “A humidifier 55 may be used to adjust the humidity of the air being supplied to the patient. The humidifier 55, as shown in the dual pressure gas delivery device 10, is in front of the high pressure air intake aperture 142 to supply moisturized air for inspiration. The humidifier 55 may be placed in other locations for supplying high pressure and/or low pressure moisturized air to the patient.” Column 3, Line 60 thru Column 4, Line 10), wherein the humidifier (55) is connected to an inlet (via 33) of the flow generator housing (10), when the humidifier (55) is secured to the flow generator (36/46).
Regarding the remaining limitations, Burton teaches the PAP device receives power from a power cord (155), and additionally includes a rechargeable battery (150, “A portable gas delivery device may have a battery 150 for an internal power supply, a power cord 155 for an outside source of power, or both. The battery 150 may be rechargeable from the outside power source.” Column 3, Lines 25-30) in order to permit the portability of the PAP device to be utilized in environments whereby power cord (AC) power is unavailable.
The resultant effect of the modification of Deming to include the use of a rechargeable battery as taught by Burton enables the ability of the PAP device to be utilized in various environments where power cord (AC) power is unavailable.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the power supply base of Deming to include the use of a rechargeable battery, as taught by Burton to enable the PAP device to be utilized in various environments where power cord (AC) power is unavailable.
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Deming et al. (4,399,349) in view of Schossow (3,873,806), as applied to Claim 33 and further in view of Burton (6,349,724).
As to Claim 34, the modified Deming, specifically Deming discloses a power supply base (11, “The base 11 of the lower housing 1 is detachable and is held in place by screws 38 which also hold feet 37 to the base 11. The feet 37 provide a cushion for the sauna to rest on. There are usually three feet 37. The base 11 is made of an impact and heat resistant moldable plastic such as phenolic resin and the feet are made of a resilient plastic. The base 11 has two openings, one for a water fill tube 15 and one for a power cord 16.” Column 4, Lines 1-30; “The base 11 also has a hole 16 for a power cord 46 which powers the heater 43 and the fan motor 31 in the upper housing 2. The wiring for the fan motor 31 is in a wiring tube 35 which extends from inside the base 11 along the inside of the walls of the lower outer housing 1 and upper outer housing 2 through the motor housing 33 to the motor 31.” Column 4, Lines 45-55), wherein the humidifier tub (1) is configured to be stacked (best seen Figures 1 and 2) on top of the power supply base (11) when the humidifier tub (1) is secured to the power supply base (11); the power supply base (11) is configured to supply power to the flow generator (29) instead of the humidifier tub (1). Explicitly, Deming discloses “The base 11 also has a hole 16 for a power cord 46 which powers the heater 43 and the fan motor 31 in the upper housing 2.” (Column 4, Lines 45-55); the power supply base (11) is removable (“detachable”, “The base 11 of the lower housing 1 is detachable and is held in place by screws 38 which also hold feet 37 to the base 11. The feet 37 provide a cushion for the sauna to rest on. There are usually three feet 37. The base 11 is made of an impact and heat resistant moldable plastic such as phenolic resin and the feet are made of a resilient plastic. The base 11 has two openings, one for a water fill tube 15 and one for a power cord 16.” Column 4, Lines 1-30) from the humidifier tub (1).
Yet, the modified Deming does not expressly disclose the configuration of the portable supply base to include a rechargeable battery.
Burton teaches a PAP device (Figure 1) for supplying a flow of breathable gas to a patient, the PAP device (Figure 1) comprising: a flow generator (36/46, “The shaft 22 turns high pressure impeller blades 46 in the high pressure chamber 45 and turns low pressure impeller blades 36 in the low pressure chamber 35.” Column 3, Lines 30-50) contained within a housing (10, “The gas delivery device 10, preferably is small enough and light weight enough to be portable. The gas delivery device 10 has a carrying handle 11 to aid in transporting the device.” Column 3, Lines 10-30), whereby the flow generator (36/46) includes an inlet (via 33, best seen Figure 1, “Similarly air intake aperture 132 for the low pressure chamber 35 has air filter 92 for filtering intake air stream 33.” Column 3, Lines 30-50) on a bottom side of the housing (10) and an outlet (via 48, “The outlet nozzle 48 is a split nozzle extending from the housing 25 over the housing barrier 40 such that both high pressure air 47 the adjacent low pressure air 37 flow in their respective halves of the nozzle to a split coupler 58 having two sides.” Column 5, Lines 35-40) configured to connect to an air delivery hose (50, “A dual pressure hose 50 connects to the coupler 58. The dual pressure hose 50 has a high pressure side 51 and a low pressure side 52 for transporting the high pressure gas 47 and low pressure gas 37 to the mask 70.” Column 5, Lines 40-50), and a humidifier (55, “A humidifier 55 may be used to adjust the humidity of the air being supplied to the patient. The humidifier 55, as shown in the dual pressure gas delivery device 10, is in front of the high pressure air intake aperture 142 to supply moisturized air for inspiration. The humidifier 55 may be placed in other locations for supplying high pressure and/or low pressure moisturized air to the patient.” Column 3, Line 60 thru Column 4, Line 10), wherein the humidifier (55) is connected to an inlet (via 33) of the flow generator housing (10), when the humidifier (55) is secured to the flow generator (36/46).
Regarding the remaining limitations, Burton teaches the PAP device receives power from a power cord (155), and additionally includes a rechargeable battery (150, “A portable gas delivery device may have a battery 150 for an internal power supply, a power cord 155 for an outside source of power, or both. The battery 150 may be rechargeable from the outside power source.” Column 3, Lines 25-30) in order to permit the portability of the PAP device to be utilized in environments whereby power cord (AC) power is unavailable.
The resultant effect of the modification of Deming to include the use of a rechargeable battery as taught by Burton enables the ability of the PAP device to be utilized in various environments where power cord (AC) power is unavailable.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the power supply base of Deming to include the use of a rechargeable battery, as taught by Burton to enable the PAP device to be utilized in various environments where power cord (AC) power is unavailable.
Claims 35-39 are rejected under 35 U.S.C. 103 as being unpatentable over Deming et al. (4,399,349) in view of Gooden (3,345,047) and Dobson et al. (5,564,415).
As to Claim 35, Deming discloses a PAP device (Figures 1 and 2) for supplying a flow of breathable gas to a patient, the PAP device comprising: a blower (29, “On a shaft 30 extending through the bottom of the motor housing 33 from the motor 31 is an axial fan 29. Although an axial fan is illustrated, other fans such as centrifugal or transverse types can be used. The fan 29 draws air from air inlet holes 21 in the upper housing 2 placed circumferentially near the bottom of air-steam mixing chamber 22 and an annular air inlet 27 as hereinafter discussed. … The wall of the motor housing 33 forms an inside wall of an annular steam outlet 25. The steam-air mixture from the mixing chamber 22 is blown through the steam outlet 25 by the fan 29. …” Column 5, Lines 20-70) contained within a housing (2, “The upper housing 2 and the lower housing 1 are attached by, e.g., a lap seam 8. The seam 8 is sealed by conventional means, e.g., ultrasonic means, and is covered by a decorative ring 10.” Column 4, Lines 1-20) and configured to pressurize the flow of breathable gas, the blower (29) comprising an inlet (via 10 of 2, “a decorative ring 10” Column 4, Lines 1-20) on a bottom side of the housing (2) and an outlet (25, “When more water is added through the fill tube 15, it overflows into the steam exit pathway 13 and thence out the steam outlet 25.” Column 5, Lines 1-15; “The wall of the motor housing 33 forms an inside wall of an annular steam outlet 25. The steam-air mixture from the mixing chamber 22 is blown through the steam outlet 25 by the fan 29. The bottom of the outlet 25 passes the base of the motor housing 33 through large apertures between radial bars 50 which fix the housing 33 to the outer wall 3 of the steam outlet 25. The outer wall 3 of the steam outlet 25 is attached by radial bars 26 at the top to the upper outer housing 2 and at the bottom to the top of the upper tank 7.” Column 5, Lines 20-70; “The attaching end 52 is inserted into the annular steam outlet 25 so as to occupy its outer circumference while permitting the steam-air mixture to escape through the inner circumference of the steam outlet 25 and subsequently through the attachment.” Column 6, Lines 1-35; “ In use the sauna operates as follows, the operator takes the empty, cold sauna and turns it upside down, then removes the plug 17 from the water fill tube 15 and pours water or other aqueous fluid into the fill tube 15 until water drips out the steam outlet 25. This indicates the appliance is full. The plug 17 is reinserted, the sauna is turned upright, the desired attachment is attached to the outlet end, the sliding ring 23 is adjusted and the power cord 46 is plugged in. After a wait of about three minutes for heat up of the water, steam emerges from the steam outlet 25 and the appliance is ready to use.” Column 6, Lines 55-70) configured to connect to an air delivery tube (via 52 of Figures 5-8, “The amount of air entering the air inlet 27 is controlled by the attachments shown in FIGS. 5-8 which attach to the outlet end of the facial sauna by e.g., a bayonet attachment. The attachments, i.e., facial mask 47, concentrator tube 49, brush attachment 51 and sponge attachment 53 are hollow to allow the steam-air mixture to escape. Except for the facial mask, they have segmented lower flanges 54 on their attaching ends 52. The attaching end 52 is inserted into the annular steam outlet 25 so as to occupy its outer circumference while permitting the steam-air mixture to escape through the inner circumference of the steam outlet 25 and subsequently through the attachment.” Column 6, Lines 1-35); a humidifier tub (1, “The upper housing 2 and the lower housing 1 are attached by, e.g., a lap seam 8. The seam 8 is sealed by conventional means, e.g., ultrasonic means, and is covered by a decorative ring 10.” Column 4, Lines 1-20) configured to be secured (via 8/10 – The seam 8 is sealed by conventional means, e.g., ultrasonic means, and is covered by a decorative ring 10.” Column 4, Lines 1-20) to the bottom side of the blower housing (2) and humidify the pressurized flow of breathable gas, the humidifier tub (2) comprising an outlet (via 8 of 1, “seam 8”) configured to sealingly connect to the inlet (via 10 of 2) of the blower housing (2) when the humidifier tub (1) is secured to the blower housing (2), a seal (defined by the “sealed” construction of “The upper housing 2 and the lower housing 1 are attached by, e.g., a lap seam 8. The seam 8 is sealed by conventional means, e.g., ultrasonic means, and is covered by a decorative ring 10.” Column 4, Lines 1-20) configured to be sandwiched between the humidifier tub (1) and the blower housing (2) when the humidifier tub (1) and the blower housing (2) are secured (via 8/10) together, wherein the blower housing (2) is configured to be stacked (best seen Figures 1 and 2) on top of the humidifier tub (1) when the blower housing (2) is secured to the humidifier tub (1), and wherein the blower housing (2) and the humidifier tub (1) are configured to be automatically aligned (via interference frictional fitment of 8/10) when the outlet (via 8 of 1) of the humidifier tub (1) is sealingly connected to the inlet (via 10 of 2) of the blower housing (2).
Yet, Deming does not expressly disclose the configuration of the blower housing outlet “on a lateral side of the housing” nor the engagement of the humidifier tub to the bottom side of the blower housing being “removably secured”.
Regarding the concept of blower housing outlet “on a lateral side of the housing”, Gooden teaches a PAP device (Figures 1-3) for the supply of a flow of breathable gas to a patient, the PAP device comprising: a blower (the combination of 54 and 62, “Within the rotor casing 50 is an elongated cylindrical hollow rotor 54 having its end 55 rotatably mounted on a bearing 56 connected to the end wall 57 of the casing. … For purposes of humidifying the gas mixture as it passes through the openings 52 into the region A within the rotor casing 50, there are multitudes of fine flexible plastic bristles 60 projecting from the periphery of the rotor 54. Also projecting from the surface of the rotor among the bristles 60 are a plurality of flexible plastic vanes 62, each of which extends the full length of the rotor. These vanes 62 are uniformly spaced about the circumference of the rotor as seen in FIG. 3, and the rotor is eccentrically located in the space within the casing so as to provide a rotating propulsive force due to the gas pressure and flow as will be explained.” Column 2, Line 55 thru Column 3, Line 5) contained within a housing (50, “the rotor casing 50” Column 2, Line 55 thru Column 3, Line 5) and configured to pressurize the flow of breathable gas, the blower (the combination of 54 and 62) comprising an inlet (via 46, “In operation the gas mixture flows up from this collection space 44 through a duct 46 connected to a manifold 48 extending along beside a rotor casing 50.” Column 2, Lines 45-60) on a bottom side (best seen Figure 3) of the housing (50) and an outlet (via 35/58, “The output hose 35 is connected to an outlet port 58 in the other end wall 59 of the casing 50.” Column 2, Lines 55-65) on a lateral side (best seen Figure 2) of the housing (50), the outlet (via 35) being configured to connect to an air delivery tube (4, “The patient to be anesthetized is arranged so that his mouth and nose are beneath a face mask 2, shown in FIG. 1, which is connected by a hose 4 with a water separator 6. This separator 6 has an elongated cylindrical configuration with a drain 8 for water extending from the bottom for suitable disposal of the water, and the hose 4 extends from the upper end of this separator 6. The oxygen is supplied from a high-pressure tank 10 and a suitable anesthetic gas, for example, such as cyclopropane is supplied from a similar tank 12.” Column 2, Lines 10-25); a humidifier tub (36, “As shown in FIG. 2, the humidifying device 34 includes a transparent tank or reservoir 36 having a vertical cylindrical side wall and a watertight bottom, for example of glass. This reservoir is filled with water to a depth of several inches, with the water level being indicated at 38. The input hose 32 is attached to a vertical tube 40 which is secured to the cover 42 of the tank 36, and which extends down through this cover into the water so as to discharge the gas mixture into the water near the bottom of the tank 36. The gas bubbles up through the water into the collection space 44 beneath the cover 42.” Column 2, Lines 35-50) configured to be secured to the bottom side (via 46) of the blower housing (50) and humidify the pressurized flow of breathable gas, the humidifier tub (36) comprising an outlet (via 42 as connected to 46, “As shown in FIG. 2, the humidifying device 34 includes a transparent tank or reservoir 36 having a vertical cylindrical side wall and a watertight bottom, for example of glass. This reservoir is filled with water to a depth of several inches, with the water level being indicated at 38. The input hose 32 is attached to a vertical tube 40 which is secured to the cover 42 of the tank 36, and which extends down through this cover into the water so as to discharge the gas mixture into the water near the bottom of the tank 36. The gas bubbles up through the water into the collection space 44 beneath the cover 42.” Column 2, Lines 35-50) configured to be connected to the inlet (via 46) of the blower housing (50) when the humidifier tub (36) is secured to the blower housing (50); wherein the bower housing (50) is configured to be stacked on top of the humidifier tub (36) when the blower housing (50) is secured to the humidifier tub (36), and wherein the blower housing (50) and the humidifier tub (36) are configured to be automatically aligned (via interference fitment of 42 and 46) when the outlet (via 42 as connected to 46) of the humidifier tub (36) is sealingly connected to the inlet (via 46) of the blower housing (50).
With respect to the blower housing outlet “on a lateral side of the housing”, Gooden teaches this configuration of the blower housing (50) results in efficient creation of fine droplets (“The present invention relates to an apparatus and method for creating tiny droplets particularly applicable for humidifying explosive gas mixtures.” Column 1, Lines 5-15; “This sudden outward flicking of the multitudes of dampened bristles as the rotor turns continuously hurls large numbers of tiny droplets of water into the gas mixture. These numerous fine droplets provide a large effective total surface area from which evaporation occurs, thus humidifying the gas mixture. Moreover, many of these droplets are so fine as to remain gas borne and thus continually dampen all of the interior surfaces downstream from the humidifying apparatus.” Column 3, Lines 1-20) with a composition suitable for humidification to the patient.
Thus, it would have been obvious to modify the orientation of the blower housing outlet of Deming to be “on a lateral side of the housing”, as taught by Gooden, to ensure the efficient formation of fine droplets.
Regarding the concept of the humidifier tub to the bottom side of the blower housing being “removably secured”, although Deming utilizing an ultrasonic seal to engage the components of the blower housing and the humidifier tub, the construction of a seal that is removably secured was known in the art, when it was desired for the components to be separated.
Dobson teaches a PAP device (Figures 1-3) for supplying a flow of breathable gas to a patient, the PAP device (Figures 1-3) comprising: a blower (3, “The ventilator 1 (see FIG. 3) is a small, compact unit with a variable speed fan 3 or similar means for generating air flow at pressures above atmospheric.” Column 3, Lines 5-20) contained within a housing (defined as the combination 1 and 4, wherein 1 – “The ventilator 1 (see FIG. 3) is a small, compact unit with a variable speed fan 3 or similar means for generating air flow at pressures above atmospheric. In use, atmospheric air enters through vents in the back 5 of the ventilator 1 and exits under pressure through the outlet 7. For clarity and simplicity, the term ventilator is used herein to include any and all respiratory devices (including respirators) for generating air flow for use by a patient.” Column 3, Lines 5-20, and wherein 4 – “The humidifier 2 as illustrated in the exploded view of FIG. 3 includes separable top and bottom members 4 and 6. Both members 4 and 6 are made of relatively rigid or hard plastic or other material with the top member 4 serving as a separable cover for the bottom member 6.” Column 3, Lines 20-40) and configured to pressurize the flow of breathable gas, the blower (3) comprising an inlet (via 44 of 4, Note: The denotation of the word inlet means a point of entry and not necessarily an intended directionality of flow, “In this assembled position (see FIGS. 7 and 8), air A under pressure enters the humidifier 2 through air inlet 44 where it is directed downwardly into the body of the humidifier 2 (FIG. 7).” Column 4, Lines 30-60; “In the preferred embodiment, the ventilator 1 is removably attached atop the underlying humidifier 2 in a predetermined, fixed position. This is accomplished as illustrated in FIGS. 13-16 by rigidly coupling the air outlet 7 of the ventilator 1 directly to the air inlet 44 of the humidifier 2. ….Thus, the act of placing the flow passages 9 and 68 in fluid communications with each other sealing engages the air outlet 7 and air inlet 44 and at the same time, affixes the ventilator 1 in a stacked position atop the humidifier 2.” Column 6, Lines 10-40) on a bottom side of the housing (defined as the combination 1 and 4) and an outlet (48, “As shown in FIG. 8, the air A then flows around the divider 46 and exits through the outlet 48 and onto the patient (see also FIGS. 1-3).” Column 4, Lines 30-60) configured to connect to an air delivery tube (best seen Figure 1); and a humidifier tub (6, “The humidifier 2 as illustrated in the exploded view of FIG. 3 includes separable top and bottom members 4 and 6. Both members 4 and 6 are made of relatively rigid or hard plastic or other material with the top member 4 serving as a separable cover for the bottom member 6.” Column 3, Lines 20-40) configure to be secured to the housing (defined as the combination 1 and 4) and humidify the pressurized flow of breathable gas, the humidifier tub (6) comprising an outlet (via 14 of 12, “The bottom member 6 as best seen in FIGS. 3-6 serves as a reservoir for holding water 8 and includes a bottom wall 10 (see FIG. 4) and surrounding side wall 12. The side wall 12 extends upwardly from and about the bottom wall 10 to form therewith the reservoir for holding the water 8. The side wall 12 as shown has an upper portion 14 spaced from the bottom wall 10 and extending about the central axis 16.” Column 3, Lines 20-40) configured to be sealingly connected to the inlet (via 44 of 4) of the blower housing (defined as the combination 1 and 4) when the humidifier tub (6) is secured to the blower (3), wherein the blower (3) is configured to be stacked (“FIG. 1 is a perspective view of the stacked ventilator and humidifier unit of the present invention shown in use supplying humidified air under pressure to a patient.” Column 2, Lines 30-35; “The sealing, retaining, and attaching arrangements of the present invention as best seen in FIGS. 1-3 have been primarily designed for use in a stackable combination of a ventilator 1 and a humidifier 2.” Column 3, Lines 5-20; and “Thus, the act of placing the flow passages 9 and 68 in fluid communications with each other sealing engages the air outlet 7 and air inlet 44 and at the same time, affixes the ventilator 1 in a stacked position atop the humidifier 2.” Column 6, Lines 20-45) on top of the humidifier tub (6) when the blower (3) is secured to the humidifier tub (6), and wherein the blower (3) and the humidifier tub (6) are configured to be automatically aligned (via friction fitment as seen in Figures 4-6) when the outlet (via 14 of 12) of the humidifier tub (6) is sealingly connected to the inlet (via 44 of 4) of the blower (3).
With respect to removable connection between the blower (3) and the humidifier tub (6), Dobson teaches a seal (24, “In the preferred embodiment, the bottom reservoir member 6 has a resilient, flexible seal 24 which is preferably annular as shown in FIG. 3. Additionally, like the upper and lower portions 14 and 22 of the top and bottom members 4 and 6, the seal 24 also preferably extends substantially elliptically or non-circularly about the axis 16. The seal 24 (see FIG. 4) includes a first or inner section 26 attached (e.g., glued) to the upper portion 14 of the bottom reservoir member 6. The remaining or, outer section 28 of the seal 24 extends outwardly of and about the axis 16 and the upper portion 14 to form a protruding lip.” Column 3, Lines 35-55) located above (best seen Figure 6) a maximum fill line of the humidifier tub (6).
The resultant effect of the configuration of the seal (24) of Dobson to separate the blower housing (defined as the combination 1 and 4) and the humidifier tub (6) includes the ability to introduce water into the humidifier tub (6).
Furthermore, as well-known when the source of water applied to the humidifier tub is not distilled, there is a greater propensity for the formation of mineral deposits which must be cleaned to ensure the efficacy of the PAP device. Should Applicant respectfully disagree with this aforementioned concept, Primary Examiner presents Shilling (3,314,080) and Martin (3,315,948) both patented approximately forty (40) years prior to the effective filing date of this instant application, whereby Shilling explicitly states “In order to eliminate salt mist and buildup of salt in direct and indirect humidifiers respectively, it is necessary to employ distilled water or demineralized water.” (Column 1, Lines 35-40), and Martin expressly states “All suffer from the disadvantage that the usual dissolved minerals or salts in tap water build up on these materials as water is evaporated therefrom, causing them eventually to become clogged with consequent reduction in evaporation. In addition, the concentration of these deposits within the reservoir increases by reason of the washing action performed on the media material by the water so that deposits also precipitate out of the water and collect on the surfaces of the reservoir. Heretofore, unless the water is distilled, these deposits were always present thus requiring frequent cleaning in order to sustain efficient operation of the humidifier or cooler unit.” (Column 1, Lines 20-40).
Consequently, the construction of modifying the ultrasonically bonded lap seam – interference fitment of Deming to be releasable by the incorporation of the seal of Dobson at the lap seam – interference fitment of Deming - would be obvious to try choosing from a finite number of identified, predictable solutions with a reasonable expectation of success whereby success would be defined by the ability of the components to be separated for cleaning.
Thus, it would have been obvious to modify the connection between the blower and the humidifier tub to be releasable with a resilient seal between the components as taught by Dobson to provide a PAP device that can be cleaned to ensure the efficacy of the PAP device.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the PAP device of Deming to be constructed with the orientation of the blower housing outlet of Deming to be “on a lateral side of the housing”, as taught by Gooden, to ensure the efficient formation of fine droplets, and to modify the connection between the blower and the humidifier tub to be releasable with a resilient seal between the components as taught by Dobson to provide a PAP device that can be cleaned to ensure the efficacy of the PAP device.
As to Claim 36, the modified Deming, specifically Deming discloses the flow generator (29) is configured to generate heat (via turbulence resulting in an excitation of flow) to draw fluid (“steam-air mixture” Column 6, Lines 1-35) from the humidifier tub (1) into the flow generator (29).
As to Claim 37, the modified Deming, specifically Deming discloses a power supply base (11, “The base 11 of the lower housing 1 is detachable and is held in place by screws 38 which also hold feet 37 to the base 11. The feet 37 provide a cushion for the sauna to rest on. There are usually three feet 37. The base 11 is made of an impact and heat resistant moldable plastic such as phenolic resin and the feet are made of a resilient plastic. The base 11 has two openings, one for a water fill tube 15 and one for a power cord 16.” Column 4, Lines 1-30; “The base 11 also has a hole 16 for a power cord 46 which powers the heater 43 and the fan motor 31 in the upper housing 2. The wiring for the fan motor 31 is in a wiring tube 35 which extends from inside the base 11 along the inside of the walls of the lower outer housing 1 and upper outer housing 2 through the motor housing 33 to the motor 31.” Column 4, Lines 45-55), wherein the humidifier tub (1) is configured to be stacked (best seen Figures 1 and 2) on top of the power supply base (11) when the humidifier tub (1) is secured to the power supply base (11).
As to Claim 38, the modified Deming, specifically Deming discloses the power supply base (11) is configured to supply power to the flow generator (29) instead of the humidifier tub (1). Explicitly, Deming discloses “The base 11 also has a hole 16 for a power cord 46 which powers the heater 43 and the fan motor 31 in the upper housing 2.” (Column 4, Lines 45-55).
As to Claim 39, the modified Deming, specifically Deming discloses the power supply base (11) is removable (“detachable”, “The base 11 of the lower housing 1 is detachable and is held in place by screws 38 which also hold feet 37 to the base 11. The feet 37 provide a cushion for the sauna to rest on. There are usually three feet 37. The base 11 is made of an impact and heat resistant moldable plastic such as phenolic resin and the feet are made of a resilient plastic. The base 11 has two openings, one for a water fill tube 15 and one for a power cord 16.” Column 4, Lines 1-30) from the humidifier tub (1).
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Deming et al. (4,399,349) in view of Gooden (3,345,047) and Dobson et al. (5,564,415), as applied to Claim 37, and further in view of Burton (6,349,724).
As to Claim 40, the modified Deming, specifically Deming discloses a power supply base (11); yet, does not expressly disclose the configuration of the portable supply base to include a rechargeable battery.
Burton teaches a PAP device (Figure 1) for supplying a flow of breathable gas to a patient, the PAP device (Figure 1) comprising: a flow generator (36/46, “The shaft 22 turns high pressure impeller blades 46 in the high pressure chamber 45 and turns low pressure impeller blades 36 in the low pressure chamber 35.” Column 3, Lines 30-50) contained within a housing (10, “The gas delivery device 10, preferably is small enough and light weight enough to be portable. The gas delivery device 10 has a carrying handle 11 to aid in transporting the device.” Column 3, Lines 10-30), whereby the flow generator (36/46) includes an inlet (via 33, best seen Figure 1, “Similarly air intake aperture 132 for the low pressure chamber 35 has air filter 92 for filtering intake air stream 33.” Column 3, Lines 30-50) on a bottom side of the housing (10) and an outlet (via 48, “The outlet nozzle 48 is a split nozzle extending from the housing 25 over the housing barrier 40 such that both high pressure air 47 the adjacent low pressure air 37 flow in their respective halves of the nozzle to a split coupler 58 having two sides.” Column 5, Lines 35-40) configured to connect to an air delivery hose (50, “A dual pressure hose 50 connects to the coupler 58. The dual pressure hose 50 has a high pressure side 51 and a low pressure side 52 for transporting the high pressure gas 47 and low pressure gas 37 to the mask 70.” Column 5, Lines 40-50), and a humidifier (55, “A humidifier 55 may be used to adjust the humidity of the air being supplied to the patient. The humidifier 55, as shown in the dual pressure gas delivery device 10, is in front of the high pressure air intake aperture 142 to supply moisturized air for inspiration. The humidifier 55 may be placed in other locations for supplying high pressure and/or low pressure moisturized air to the patient.” Column 3, Line 60 thru Column 4, Line 10), wherein the humidifier (55) is connected to an inlet (via 33) of the flow generator housing (10), when the humidifier (55) is secured to the flow generator (36/46).
Regarding the remaining limitations, Burton teaches the PAP device receives power from a power cord (155), and additionally includes a rechargeable battery (150, “A portable gas delivery device may have a battery 150 for an internal power supply, a power cord 155 for an outside source of power, or both. The battery 150 may be rechargeable from the outside power source.” Column 3, Lines 25-30) in order to permit the portability of the PAP device to be utilized in environments whereby power cord (AC) power is unavailable.
The resultant effect of the modification of Deming to include the use of a rechargeable battery as taught by Burton enables the ability of the PAP device to be utilized in various environments where power cord (AC) power is unavailable.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the power supply base of the modified Deming to include the use of a rechargeable battery, as taught by Burton to enable the PAP device to be utilized in various environments where power cord (AC) power is unavailable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Swank (4,399,080) discloses a PAP device (Figures 1-4) including a flow generator (67) located within a housing (15), an inlet (77) located on the bottom side of the housing, and an outlet (16), wherein the flow generator housing (15) is stacked upon a humidifier tub (13) having an outlet (17); yet, Swank does not expressly disclose the configuration of the outlet of the flow generator being connected to an air delivery tube.
Gilbertson (3,298,674) and Crain (3,812,853) each disclose a PAP device including a flow generator located within a housing positioned in a stacked configuration upon a humidifier tub; yet, does not expressly disclose the configuration of the outlet of the flow generator being connected to an air delivery tube.
Johnson (2,046,633), Stern (3,229,450), Ehlinger (3,265,067), and Schossow (4,028,526 and 4,155,011) each disclose a PAP device including a flow generator located within a housing positioned in a stacked configuration upon a humidifier tub, whereby the humidifier tub is separable from the flow generator housing; yet, does not expressly disclose the orientation of an outlet of the flow generator housing being located on a lateral side of the housing.
Martin et al. (8,453,640; 9,010,324; 10,307,560; 10,874,820; and 11,819,623) share a common assignee/inventor with the instant application; however, at this time there does not appear to be a conflicting claim that would necessitate a double patent rejection. Neither Martin ‘640, ‘324, ‘560, ‘820, nor ‘623 expressly disclose the orientation of the inlet of the flow generator/blower on a bottom side of the housing as required by instant independent claims, Claims 21 and 35.
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.
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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
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