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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 27, 2023 has been considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: C310 (Figures 7, 8, and 11) and C320 (Figures 12A and 13A).
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dimatteo et al. (US 20170361053 A1, hereinafter "Dimatteo").
Regarding Claim 1, Dimatteo discloses: A CPAP apparatus comprising (Paragraph 0001, The present disclosure pertains to a system and method for decoupling a humidification chamber from a pressure generator in a humidified pressure support therapy system), (Paragraph 0048, By way of non-limiting example, processor 20 may control pressure generator 14 such that the pressure support provided to subject 12 via the flow of gas comprises continuous positive airway pressure support (CPAP), bi-level positive airway pressure support (BPAP), proportional positive airway pressure support (PPAP), and/or other types of pressure support therapy):
a main body (Paragraph 0022, FIG. 1 illustrates a system 10 configured to prevent damage from liquid spills in a humidified pressure support therapy device 50) including
a box body (Figure 3, humidifier 40) having an upper surface side opened, a cover (Figure 3, cover 48) covering the upper surface side of the box body (Paragraph 0003, The humidifier comprises a humidification chamber configured to hold a liquid that humidifies the pressurized flow of breathable gas. The humidification chamber defines a gas flow path between a gas inlet and a gas outlet. The gas inlet is configured for fluid communication with the pressure generator outlet port. The humidifier comprises a cover configured to be moved between open and closed positions to, correspondingly allow and prevent access to an interior of the humidification chamber (e.g., to allow a user to fill and/or clean the humidification chamber)),
and a first opening and a second opening (Figures 6A-6B, gas inlet 44, gas outlet 46);
and a humidification chamber (Figure 3, humidification chamber 42) accommodatable inside the main body and disposed between the first opening and the second opening (Paragraph 0025, Humidification chamber 42 defines a gas flow path between a gas inlet 44 and a gas outlet 46),
wherein the box body includes a lower wall, and a first side wall and a second side wall, the first side wall and the second side wall being arranged with a space therebetween (Paragraph 0040, As shown in FIG. 7, gas inlet 44 and outlet port 15 are in fluid communication near a first side 702 of humidifier 40. Gas inlet 44 and outlet port 15 facilitate fluid communication through wall 450 at first side 702. Humidification chamber 42 is located toward a second side 704 of humidifier 40 along first axis 602. Cover 48 and gas outlet 46 are located on a third side 706 of humidifier 40. Lifting tray 106 is near a fourth side 708 of humidifier 40. Lifting tray 106 extends along first axis 602 from a position 720 near second side 704 to a position 722 near first side 702. Humidification chamber 42 is located between cover 48 and lifting tray 106 along second axis 710),
and the space being sufficient to arrange the humidification chamber therein (Paragraph 0025, Humidifier 40 is configured to humidify the pressurized flow of breathable gas. Humidifier 40 comprises a humidification chamber 42, a heater, a cover 48, and/or other components. Humidification chamber 42 is configured to hold a liquid (e.g., water) that humidifies the pressurized flow of breathable gas),
the cover includes a main wall having a plate shape and a cover-side side wall connected to the main wall and rotatably connected to the first side wall (Paragraph 0041, Opening 600 cover 48 (e.g., rotation of a hinge mechanism (e.g., mechanism 900 shown in FIG. 9B below) at location 720) causes lifting tray 106 to move within track 104 toward second side 704 and third side 706 of humidifier 40. This in turn moves 800, 802 humidification chamber 42 and causes separation of gas inlet 44 from port 15),
the humidification chamber includes:
a main body configured to store liquid and having a box shape opened upward, the main body including a third side wall and a fourth side wall (Figures 6A-9B, Paragraph 0026, humidifier 40 is a warm mist humidifier (e.g., a vaporizer) configured to generate water vapor by heating liquid held within humidification chamber 42 via the heater);
and a tubular body passing through the fourth side wall (Figures 7-8, Paragraph 0026, Humidifier 40 is configured such that the flow of gas is received from pressure generator 14 by humidifier 40 through gas inlet 44 and is humidified within humidification chamber 42 by the water vapor before being released from humidifier 40 through gas outlet 46),
the humidification chamber is accommodated in the box body with the first side wall and the third side wall facing one another and with the second side wall and the fourth side wall facing one another (Paragraph 0040, Paragraph 0040, Humidification chamber 42 is located toward a second side 704 of humidifier 40 along first axis 602. Cover 48 and gas outlet 46 are located on a third side 706 of humidifier 40. Lifting tray 106 is near a fourth side 708 of humidifier 40. Lifting tray 106 extends along first axis 602 from a position 720 near second side 704 to a position 722 near first side 702. Humidification chamber 42 is located between cover 48 and lifting tray 106 along second axis 710),
the second side wall of the box body has a through hole through which the tubular body and an inside of the main body are communicable with one another with the humidification chamber being accommodated in the box body (Paragraph 0025, Humidification chamber 42 defines a gas flow path between a gas inlet 44 and a gas outlet 46. The gas inlet is configured for fluid communication with pressure generator outlet port 15),
and the cover-side side wall includes a pressing portion being in contact with the third side wall when rotated (Paragraph 0041, Opening 600 cover 48 (e.g., rotation of a hinge mechanism (e.g., mechanism 900 shown in FIG. 9B below) at location 720) causes lifting tray 106 to move within track 104 toward second side 704 and third side 706 of humidifier 40. This in turn moves 800, 802 humidification chamber 42 and causes separation of gas inlet 44 from port 15).
Regarding Claim 2, Dimatteo discloses all of the limitations of Claim 1. Dimatteo further discloses: wherein the cover-side side wall includes a thick portion and a thin portion, the thin portion and the thick portion are positioned in this order from a side connected to the first side wall, and the thick portion constitutes a protruding portion (Figures 7-8), (Paragraph 0041, Opening 600 cover 48 (e.g., rotation of a hinge mechanism (e.g., mechanism 900 shown in FIG. 9B below) at location 720) causes lifting tray 106 to move within track 104 toward second side 704 and third side 706 of humidifier 40. This in turn moves 800, 802 humidification chamber 42 and causes separation of gas inlet 44 from port 15).
Regarding Claim 10, Dimatteo discloses all of the limitations of Claim 1. Dimatteo further discloses wherein the pressing portion overlaps the first opening in a side view from the pressing portion to the first opening (Figures 6B-8, Paragraph 0040, As shown in FIG. 7, gas inlet 44 and outlet port 15 are in fluid communication near a first side 702 of humidifier 40. Gas inlet 44 and outlet port 15 facilitate fluid communication through wall 450 at first side 702. Humidification chamber 42 is located toward a second side 704 of humidifier 40 along first axis 602. Cover 48 and gas outlet 46 are located on a third side 706 of humidifier 40), (Paragraph 0041, Opening 600 cover 48 (e.g., rotation of a hinge mechanism (e.g., mechanism 900 shown in FIG. 9B below) at location 720) causes lifting tray 106 to move within track 104 toward second side 704 and third side 706 of humidifier 40. This in turn moves 800, 802 humidification chamber 42 and causes separation of gas inlet 44 from port 15)
Regarding Claim 11, Dimatteo discloses all of the limitations of Claim #. Dimatteo further discloses wherein the tubular body is mounted on the main body and partially protrudes outside from the fourth side wall (Figures 7-8, Paragraph 0025, Humidification chamber 42 defines a gas flow path between a gas inlet 44 and a gas outlet 46. The gas inlet is configured for fluid communication with pressure generator outlet port 15).
Regarding Claim 12, Dimatteo discloses all of the limitations of Claim #. Dimatteo further discloses wherein the pressing portion is a protruding portion provided on an inner surface of the cover-side side wall (Figures 6B-9B, Paragraph 0041, Opening 600 cover 48 (e.g., rotation of a hinge mechanism (e.g., mechanism 900 shown in FIG. 9B below) at location 720) causes lifting tray 106 to move within track 104 toward second side 704 and third side 706 of humidifier 40. This in turn moves 800, 802 humidification chamber 42 and causes separation of gas inlet 44 from port 15).
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 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over Dimatteo (US 20170361053 A1) in view of Miller et al. (US 20210002038 A1, hereinafter “Miller”).
Regarding Claim 3, Dimatteo discloses all of the limitations of Claim 2. Dimatteo does not explicitly disclose a thickness change, though it is demonstrated in the hinge element in Figures 6A-9B.
Miller more explicitly discloses: wherein a thickness change part having a thickness changed from the thin portion to the thick portion is in contact with the third side wall during the rotation, and a surface of the thick portion is in contact with the third side wall with the cover being fixed while covering the box body (Paragraph 0053, In the position of FIG. 8C, a leading portion or engagement portion 232 of the opposing surface 150 is engaged with or contacts an initial portion of the sloping surface 146, which may be at or near the first point or location 222. In the illustrated arrangement, the post 120 is spaced away from the end surface 206 of the recess 200. FIG. 8D illustrates the lid 104 in a position that is further towards a closed position than the positions of FIGS. 8A-8C. The position of FIG. 8D can be a fully closed position of the lid 104. In the illustrated arrangement, at least the leading portion or engagement portion 232 of the opposing surface 150 is engaged with or contacts a subsequent portion of the sloping surface 146 spaced from the initial portion. The subsequent portion may be at or near the second point or location 226. Preferably, the post 120 is snugly positioned against the end surface 206 in the position of FIG. 8D. Thus, preferably, a distance between the engagement surface 232 and the center point 214 is preferably substantially equal to the second distance 224).
Both Dimatteo and Miller disclose lidded enclosures for breathing apparatuses. It would have been obvious to one skilled in the art before the effective filing date to modify the hinge mechanism shown by Dimatteo with the specific arrangement taught by Miller, so as to provide a secure cam structure for improved attachment and detachment of the cover element.
Regarding Claim 4, Dimatteo in view of Miller discloses all of the limitations of Claim 3. Miller further discloses: wherein the thickness change part has a cross-section having an arc-shaped outside shape (Paragraph 0047, In the illustrated arrangement, the end surface 206 is curved (e.g., semi-circular) in shape from a side view and connects the upper guide surface 204 and the lower guide surface 204. The illustrated support 122 is elongate in a lateral or side-to-side direction and, thus, defines a substantially semi-cylindrical shape in three dimensions. However, for convenience, the hinge 114, guide structure 140 and cam structure 144 may be described herein in the context of the side views of FIGS. 8A-8D in two-dimensional terms. It will be appreciated that the described structures also have a width dimension relative to the apparatus 100 or a depth dimension relative to the side view of FIGS. 8A-8D.).
Regarding Claim 5, Dimatteo in view of Miller discloses all of the limitations of Claim 3. Miller further discloses: wherein the thickness change part has a predetermined length in a width direction of the cover-side side wall (Paragraph 0036, With reference to FIG. 4, the guide structure 140 comprises a recess 142 that receives a cam structure 144. The cam structure 144 is received within the recess 142 such that, with the lid 104 moved to the fully closed position on the main body 102, the cam structure 144 does not prevent the lid 104 from fully closing. The cam structure 144 tapers toward a point with a sloping surface 146 such that the thickness of the cam structure 144 increases from back to front while the guide structure has an opposing surface 150. The sloping surface 146 and the opposing surface 150 engage each other such that the sloping surface 146 and the opposing surface 150 resists movement of the lid 104 relative to the main body 102 in the detachment direction (see FIG. 2) when the lid 104 is in an at least partially closed position).
Regarding Claim 6, Dimatteo in view of Miller discloses all of the limitations of Claim 5. Miller further discloses: wherein the thickness change part is in linear contact with the third side wall such that a center in a width direction of the third side wall is included (Paragraph 0037, as the lid 104 is rotated toward a closed position (e.g., FIG. 1), the sloping surface 146 and the opposing surface 150 act to draw the lid 104 forward into the attachment position (e.g., the at least one post 120 connected to the supports 122 and the clip 130). Thus, rotation of the lid 104 can result in the hinge assemblies 114 being operatively connected from a detached state. In some configurations, the difference in thicknesses of the sloping surface 146 and the opposing surface 150 from initial contact to fully closed is substantially the same as a distance from the outer surface of the post 120 and the first contact with the supports 122 such that as the sloping and opposing surfaces 146, 150 are moved into full engagement along their lengths, the post 120 is pulled into position within the supports 122 and the clip 130).
Regarding Claim 7, Dimatteo discloses all of the limitations of Claim 1. Dimatteo depicts a latch mechanism in Figures 7-9B (Paragraph 0036, For example, outer housing 430 of humidifier 40 at a location 440 between humidification chamber 42 and pressure generator 14 may form a spring mechanism. This may include a wall 450 and/or portion of the wall 450 of outer housing 430 being formed in specific geometric shapes that bend and/or flex such that the wall 450 and/or portion of the wall 450 itself functions as a spring 102) for fixing and releasing the cover (Paragraph 0025, Cover 48 is configured to open and close to allow access to an interior 51 of humidification chamber 42 so that a user (e.g., subject 12, a doctor, a caregiver, and/or other users) may refill humidification chamber 42 with liquid, for example.
Though Dimatteo does not explicitly disclose the functionality of the latch, it is an obvious and well-known feature in the art of humidification enclosures. If the Applicant is not convinced, Miller does disclose wherein an end portion of the main wall of the cover on an opposite side from an end portion to which the cover-side side wall is connected has a latch mechanism (Paragraph 0026, FIG. 6 is a rear bottom perspective view of a latch member of the lid of FIG. 5) with which fixing and releasing relative to the box body are selectable (Paragraph 0006, to improve the ability to access the water reservoir, the lid preferably carries a latch mechanism such that a user can open the lid with a single hand. In other words, the latch can be operated and the lid can be opened with a single hand and, preferably, with the single hand in a single position. Such configurations are a welcomed improvement over configurations requiring one hand to operate the latch and another hand to subsequently raise the lid)
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Miller’s latch mechanism so as provide an easy and accessible configuration for securely opening and closing the cover of the apparatus.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Dimatteo (US 20170361053 A1) in view of Finlayson et al. (US 20220118213 A1, hereinafter “Finlayson”).
Regarding Claim 8, Dimatteo discloses all of the limitations of Claim 1. Dimatteo does not explicitly disclose a seal member.
Finlayson does disclose: wherein the main wall of the cover is provided with a seal member closing an opening on an upper side of the humidification chamber with the cover being fixed while covering the box body (Paragraph 0196, The compartment may be sealed about the opening when the lid is attached to the compartment. The seal may be provided by a gasket member that is arranged to seal the opening when the lid is attached).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Finlayson’s gasket seal with the humidification enclosure taught by Dimatteo, so as to provide an additional degree of security and minimize potential leakages from the device (Finlayson, Paragraph 0426, the term “sealed connection” or variations thereof such as “sealingly connected”, refers to a gas tight connection that prevents any substantial change in either the flow rate or pressure of the gas stream, as leakage from the sealed connection is minimised. By way of example, the sealed connection may include any one or a combination of a flexible pressure seal, an inflated sealing ring, O-rings, T-shaped seals, tapered fitting seals, friction fitting seals and so forth)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Dimatteo (US 20170361053 A1) in view of Kepler et al. (US 20070169776 A1, hereinafter “Kepler”).
Regarding Claim 9, Dimatteo discloses all of the limitations of Claim 1. Dimatteo describes the conduit as being an elastic body (Paragraph 0027, Conduit 32 is configured to form a flow path through which the pressurized flow of breathable gas is communicated between pressure generator 14 and/or humidifier 40 and interface appliance 34. Conduit 32 may be a flexible length of hose, and/or other conduits, that place interface appliance 34 in fluid communication with pressure generator 14 and/or humidifier 40), but does not explicitly disclose the material used for the tubular body.
Kepler does disclose wherein the tubular body includes an elastic body (Delivery system outlet 90 includes outlet opening 92 defined by an annular lip 94. A pressure conduit 96 is formed in delivery system outlet 90, and communicates an opening 98 with pressure sensor 36 (not shown in FIG. 6) within gas flow generating system 12. In one embodiment, delivery system outlet 90 is composed of a different material than housing 46 (which may be composed of a hard plastic or composite material), which is softer and more pliable than housing 46. For example, silicon or another pliable material, may be used).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Kepler to provide an art-recognized modification in material of the inner body of the humidification chamber, allowing for more flexibility and adjustment for the pressure generating and air delivery systems.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Matsubara et al. (US 20120269568 A1) discloses a moveable wall portion attachment mechanism for an incubator
Vos et al. (US 20140216459 A1) discloses a humidification and heater arrangement for a PAP device
Dobson et al. (US 5564415 A) discloses a sealing and retaining arrangement for a humidifier
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MISHAL Z HUSSAIN whose telephone number is (703)756-1206. The examiner can normally be reached M-F, 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy S. Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MISHAL HUSSAIN/
Examiner
Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
Prosecution Insights