DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1 line 1, “an adjustable respirator system of concentration – modulable” should be changed to --An adjustable respirator system of concentration-modulable-- in order to correct the typographical errors.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the other cathode metallic layer" in lines 13-14 . There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 3, the phrase “the respiratory system is disposed in a room” in lines 1-2 is unclear as this limitation appears to be directed to a method step but claim 3 is directed to an apparatus. A claim must be directed to only one statutory category.
Regarding claim 4, the phrase “the pure water electrolysis hydrogen-oxygen generator comprises two ion exchange membranes, two anode metallic layers which are proximal to each other, and two cathode metallic layers which are distant from each other” in lines 1-5 is unclear whether what is being claimed is in addition to what is claimed in claim 1 (i.e. claim 1 recites one anode metallic layer, does the invention of claim 4 now include three anode metallic layers?).
Regarding claim 4, the phrase “an anode common water tank held between two sheets of ion exchange membrane” in line 4 is unclear what the “sheets of the ion exchange membrane” mean in this context (i.e. two (maybe three?) ion exchange membranes have been claimed, does each ion exchange member include a sheet, or does each ion exchange member include a plurality of sheets?).
Claim 8 recites the limitation "the air" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 8, the phrase “whereby oxygen percentage in the humidified mixed gas output tube is adjustably increased” in lines 5-6 is unclear as this limitation appears to be directed to a method step but claim 8 is directed to an apparatus. A claim must be directed to only one statutory category.
Regarding claim 10, the phrase “a hydrogen and oxygen concentration detecting element disposed corresponding to a nasal cannula” is unclear whether applicant is claiming the detecting element is disposed at a nasal cannula or whether the detecting element itself is a nasal cannula (“corresponding to”). Further clarification is required.
The remaining claims are rejected due to dependence on a rejected base claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claim(s) 1 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura (WO 2017149684) in view of Huang (CN 206368199 U), Lin (US 2018/03200275, hereinafter Lin ‘275), Lin (US 2024/0240327, hereinafter Lin ‘327) and Murata (US 2022/0090273).
Regarding claim 1, Kawamura discloses (Fig. 4) an adjustable respiratory system of concentration-modulable hydrogen-oxygen ventilator (page 4 paragraph 1), configured to at least change concentration of a gas inhaled by a user (page 4 paragraph 1), the respiratory system comprising:
a supplying hydrogen-oxygen mixed gas auxiliary device (supply line 51, for supplying hydrogen and oxygen gas to humidifier 52, page 12 paragraph 3) configured to supply part of the gas inhaled by the user (page 12 paragraph 3):
a humidifier bottle (humidifier 52) comprising an oxygen delivery tube (three tubes connect humidifier bottle 52 and supply line 51 as shown in Fig. 4, one of these tubes interpreted as oxygen delivery tube) connected to the oxygen hole (hole supply line that delivers oxygen to humidifier, see Fig. 4), a hydrogen delivery tube (three tubes connect humidifier bottle 52 and supply line 51 as shown in Fig. 4, one of these tubes interpreted as hydrogen delivery tube) connected to the hydrogen hole (see Fig. 4), a humidified mixed gas output tube (output tube 5) connected to the supplying hydrogen-oxygen mixed gas auxiliary device (See Fig. 4).
Kawamura does not disclose the hydrogen-oxygen supplier is in the form of a pure water electrolysis hydrogen-oxygen generator configured to split pure water into hydrogen and oxygen to output, the pure water electrolysis hydrogen-oxygen generator comprising:
at least one ion exchange membrane for ions to pass through, one oxidation catalyst layer and one reduction catalyst layer being coated on two opposite sides of the ion exchange membrane, respectively:
a pair of diffusive metallic layers having a plurality of pores, including one anode metallic layer disposed just close to the oxidation catalyst layer, and the other cathode metallic layer disposed just close to the reduction catalyst layer,
at least one pair of electrodes, including an anode conductively connected to the anode metallic layer, and a cathode conductively connected to the cathode metallic layer: and
a sealed accommodation body for accommodating the ion exchange membrane, the diffusive metallic layers, and the electrodes, the sealed accommodation body being provided with a water inlet, a hydrogen hole, and an oxygen hole, deionized water injected into the sealed accommodation body via the water inlet being enclosed by the sealed accommodation body and connected to the oxygen hole and the hydrogen hole.
However, Huang teaches (Fig. 1-3) hydrogen-oxygen supplier is in the form of a pure water electrolysis hydrogen-oxygen generator (page 1 paragraph 1) configured to split pure water into hydrogen and oxygen to output (page 2 paragraph 5), the pure water electrolysis hydrogen-oxygen generator comprising:
at least one ion exchange membrane (proton exchange membrane 11) for ions to pass through, one oxidation catalyst layer (oxidation catalyst layer 131) and one reduction catalyst layer (reduction catalyst layer 133) being coated on two opposite sides of the ion exchange membrane, respectively (see Fig. 1):
a pair of diffusive metallic layers (diffusion metal layers 153,155) having a plurality of pores (page 3 paragraph 6), including one anode metallic layer (anode layer 153) disposed just close to the oxidation catalyst layer (see Fig. 1), and the other cathode metallic layer disposed just close to the reduction catalyst layer (see Fig. 1),
at least one pair of electrodes (electrodes 171,173), including an anode conductively connected to the anode metallic layer (see Fig. 1), and a cathode conductively connected to the cathode metallic layer (see Fig. 1): and
a sealed accommodation body (sealed accommodating body 2) for accommodating the ion exchange membrane, the diffusive metallic layers, and the electrodes (see Fig. 2), the sealed accommodation body being provided with a water inlet (water injection hole 21), a hydrogen hole (hydrogen hole 23), and an oxygen hole (oxygen hole 25), deionized water injected into the sealed accommodation body via the water inlet being enclosed by the sealed accommodation body and connected to the oxygen hole and the hydrogen hole (page 4 paragraphs 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kawamura to include a pure water electrolysis hydrogen-oxygen generator, as taught by Huang, for the purpose of allowing the oxygen and hydrogen air sources to be obtained from water, thereby reducing cost and allowing for the sources of the gas to be renewable due to being supplied by water.
Modified Kawamura does not disclose a hydrogen concentration detector configured to detect hydrogen concentration close to the sealed accommodation body to output an alarm signal when the hydrogen concentration exceeds a predetermined limit.
However, Lin ‘275 teaches (Fig. 1-5) a gas generator comprising a hydrogen concentration detector (hydrogen concentration detector 30) configured to detect hydrogen concentration close to the sealed accommodation body (detect hydrogen concentration close to sealed accommodation body 10, paragraph [0039]) to output an alarm signal when the hydrogen concentration exceeds a predetermined limit (outputs alarm when threshold exceeded, paragraph [0039]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified Kawamura to include a hydrogen concentration detector configured to detect hydrogen concentration close to the sealed accommodation body to output an alarm signal when the hydrogen concentration exceeds a predetermined limit, as taught by Lin ‘275, for the purpose of preventing potential gas explosion or other potential injury to user (paragraph [0054] Lin ‘275).
Modified Kawamura does not disclose a bottle body holding clean water, wherein one end of the oxygen delivery tube distal from the oxygen hole and one end of the hydrogen delivery tube distal from the hydrogen hole are inserted into the bottle body and submerged in the clean water, respectively, and an end portion of the humidified mixed gas output tube distal from the supplying hydrogen-oxygen mixed gas auxiliary device is positioned higher than the clean water in the bottle body.
However, Lin ‘327 teaches (Fig. 1-9) a electrolytic hydrogen generation system comprising a humidifier (comprising humidifier 6 and water source 9) comprising a bottle body holding clean water (bottle body of pure water tank 9), wherein one end of a oxygen delivery tube distal from a oxygen hole and one end of the hydrogen delivery tube distal from a hydrogen hole are inserted into the bottle body, respectively (oxygen delivery tube 42 from oxygen separator 40 is inserted into bottle body 9 and hydrogen delivery tube 42 from hydrogen separator 13 is inserted into bottle body, see Fig. 7 and paragraph [0061]).
Regarding the limitation “an end portion of the humidified mixed gas output tube distal from the supplying hydrogen-oxygen mixed gas auxiliary device is positioned higher than the clean water in the bottle body”, Fig. 4 of Kawamura shows that the humidified mixed gas output tube is adjacent to mask of patient, and thus above the gas mixing assembly, therefore combined invention would provided for an end portion of the humidified mixed gas output tube distal from the supplying hydrogen-oxygen mixed gas auxiliary device is positioned higher than the clean water in the bottle body.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the humidifier bottle of modified Kawamura to include a bottle body holding clean water, wherein one end of the oxygen delivery tube distal from the oxygen hole and one end of the hydrogen delivery tube distal from the hydrogen hole are inserted into the bottle body and submerged in the clean water, respectively, and an end portion of the humidified mixed gas output tube distal from the supplying hydrogen-oxygen mixed gas auxiliary device is positioned higher than the clean water in the bottle body, as taught by Lin ‘327, for the purpose of avoiding uncontrollable risk when the oxygen and hydrogen are mixed (Abstract Lin ‘327).
Modified Kawamura does not disclose the gas supply tubes are submerged in the clean water. However, Murata teaches (Fig. 1-2) an electrolysis system where a hydrogen supply tube is submerged in the clean water (warm water 200. Water is clean because gaseous mixture that results is inhalable by user).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gas supply tubes of modified Kawamura to be submerged in the clean water, as taught by Murata, for the purpose of improving mixing and aerosolization but allowing for greater generation of bubbles.
Regarding claim 4, as best understood, modified Kawamura discloses an anode common water tank being held between two sheets of ion exchange membrane (anode common water tank 12 situated between two sheets of ion exchange member, paragraph [0057] Lin ‘327) and a pure water electrolysis hydrogen-oxygen generator that comprises one of each component, and thus does not disclose two of each component.
However, the embodiment of Lin ‘327 shown Fig. 4-5 discloses a variant of the pure water electrolysis hydrogen-oxygen generator that includes two ion exchange membranes (‘11), two anode metallic layers (15’ adjacent to anode 171’) which are proximal to each other (closely packed due to thin catalyst layer 11’ between them), and two cathode metallic layers (15’ adjacent to cathode 173’) which are distant from each other (due to being separated by cathode 173’), the ion exchange membrane being a proton exchange membrane for hydrogen ions to pass through (page 3 paragraph 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified Kawamura to include two ion exchange membranes, two anode metallic layers which are proximal to each other, and two cathode metallic layers which are distant from each other, the ion exchange membrane being a proton exchange membrane for hydrogen ions to pass through, as taught by Lin ‘327, for the purpose of improving dissociation efficiency (page 4 paragraph 3 Lin ‘327).
Regarding claim 5, modified Kawamura discloses a sealed accommodation body, but does not disclose the sealed accommodation body further comprises a water outlet, and the respiratory system further comprises a circulating water tank connected to the water inlet and the water outlet, whereby thermal balance between the temperature in the sealed accommodation body and the circulating water tank is assured.
However, Lin ‘275 further teaches (Fig. 1-5) a sealed accommodation body further comprises a water outlet (tube 102 which contains water and hydrogen, which are then separated by gas-water separator 50, paragraph [0043] and Fig. 5), and the respiratory system further comprises a circulating water tank (water tank 70) connected to the water inlet and the water outlet (fluidly connected, shown in Fig. 5), whereby thermal balance between the temperature in the sealed accommodation body and the circulating water tank is assured (water from tank 70 delivered via tube 104 and water received from separator 50 by tube 52, which therefore circulates and thermally balances, paragraph [0046] and [0047]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified Kawamura such that the sealed accommodation body further comprises a water outlet , and the respiratory system further comprises a circulating water tank connected to the water inlet and the water outlet, whereby thermal balance between the temperature in the sealed accommodation body and the circulating water tank is assured, as taught by Lin ‘275, for the purpose of allowing for the water to be recharged into the system and form a water cycle, thereby improving conservation (paragraph [0047] Lin ‘275).
Regarding claim 6, modified Kawamura discloses the circulating water tank is further thermally conductively connected to a heat sink (fins 19 of Lin ‘275, which are in contact with tubing 104 and thus provide for heat sink functionality, paragraph [0037] and Fig. 2 and 5 Lin ‘275).
Regarding claim 7, modified Kawamura discloses the system includes a hydrogen concentration sensor, but does not disclose an alarm handler configured to receive the alarm signal and cut off power to the pure water electrolysis hydrogen- oxygen generator, thereby stopping continued generation of hydrogen and oxygen.
However, Lin ‘275 further teaches (Fig. 1) an alarm handler (processor 40) configured to receive the alarm signal and cut off power to the pure water electrolysis hydrogen- oxygen generator (paragraph [0039]), thereby stopping continued generation of hydrogen and oxygen (paragraph [0039]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified Kawamura to include an alarm handler configured to receive the alarm signal and cut off power to the pure water electrolysis hydrogen- oxygen generator, thereby stopping continued generation of hydrogen and oxygen, as taught by Lin ‘275, for the purpose of improving security and prevent injury of user (paragraph [0039] Lin ‘275).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura (WO 2017149684) in view of Huang (CN 206368199 U), Lin (US 2018/03200275, hereinafter Lin ‘275), Lin (US 2024/0240327, hereinafter Lin ‘327) and Murata (US 2022/0090273), and further in view of Ally (US 2025/0102170).
Regarding claim 2, modified Kawamura discloses a hydrogen concentration detector, but does not disclose the hydrogen concentration detector comprises a tinoxide (SnO2) resistor.
However, Ally teaches (Fig. 1-2B) a flammable gas detecting system comprising a tinoxide (SnO2) resistor (sensor 204) for detecting flammable gas such as hydrogen (paragraph [0046]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hydrogen concentration detector of modified Kawamura to be in the form of a tinoxide resistor, as taught by Ally, for the purpose of allowing for reliable detection of leakage of hydrogen gas so that injury of user can be prevented (paragraph [0046]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura (WO 2017149684) in view of Huang (CN 206368199 U), Lin (US 2018/03200275, hereinafter Lin ‘275), Lin (US 2024/0240327, hereinafter Lin ‘327) and Murata (US 2022/0090273), and further in view of Schultz (US 2016/0061476).
Regarding claim 3, modified Kawamura discloses the respiratory system is disposed in a room (hospital room, page 4 paragraph 6 Kawamura) and configured to be used by the user in the room (page 4 paragraph 6 Kawamura), and the hydrogen concentration detector further comprises a sensing element (hydrogen concentration detector 30 of Lin ‘275), but does not disclose a detector is disposed at a ceiling corresponding to the room.
However, Schultz teaches (Fig. 9a-9b) a system comprising a environmental sensor (in form of semiconductor sensor that detects hydrogen gas, paragraph [0051]) that is positioned on ceiling of a healthcare room (paragraph [0207]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ceiling of room of modified Kawamura to include a detector, as taught by Schultz, for the purpose of providing accurate measurements of hydrogen leakage so that emergency actions can be taken before injury occurs.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura (WO 2017149684) in view of Huang (CN 206368199 U), Lin (US 2018/03200275, hereinafter Lin ‘275), Lin (US 2024/0240327, hereinafter Lin ‘327) and Murata (US 2022/0090273), and further in view of Lin (US 2016/0263341, hereinafter Lin ‘341) and Hardy (US 2003/0213487).
Regarding claim 8, modified Kawamura does not disclose an oxygen proportion regulating tube configured to introduce oxygen molecules into the clean water of bottle body, whereby oxygen percentage in the humidified mixed gas output tube is adjustably increased.
However, Lin ‘341 teaches (Fig. 1) an oxygen proportion regulating tube (tube of adding gas unit 70) configured to introduce oxygen molecules into the clean water of bottle body (introduces oxygen into electrolysis device 10, which introduces into oxygen clean water as taught by Lin ‘327), whereby oxygen percentage in the humidified mixed gas output tube is adjustably increased (oxygen concentration increased to balance hydrogen gas to prevent explosion or user injury, paragraph [0034]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified Kawamura to include an oxygen proportion regulating tube configured to introduce oxygen molecules into the clean water of bottle body, whereby oxygen percentage in the humidified mixed gas output tube is adjustably increased, as taught by Lin ‘341, for the purpose of balancing hydrogen gas to prevent explosion or user injury (paragraph [0034] Lin ‘327).
Modified Kawamura does not disclose a molecular sieve configured to provide more oxygen by filtering nitrogen from the air, the molecular sieve being further connected to the oxygen proportion regulating tube.
However, Hardy teaches (Fig. 1-3) a system comprising a molecular sieve (sieve bed 14) configured to provide more oxygen by filtering nitrogen from the air (paragraph [0031]). Regarding the molecular sieve being further connected to the oxygen proportion regulating tube, the combined invention provides for this feature due to the components of the combined invention being in fluid communication and thus connected.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified Kawamura to include a molecular sieve configured to provide more oxygen by filtering nitrogen from the air, the molecular sieve being further connected to the oxygen proportion regulating tube, as taught by Hardy, for the purpose of increasing oxygen concentration of the gaseous mixture (paragraph [0031] Hardy).
Regarding claim 9, modified Kawmura does not disclose a gas regulating valve configured to adjust a gas throughput of the oxygen proportion regulating tube.
However, Hardy further teaches (Fig. 1-3) a gas regulating valve (flow control valve 76) configured to adjust a gas throughput of the oxygen proportion regulating tube (paragraph [0036]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified Kawamura to include a gas regulating valve configured to adjust a gas throughput of the oxygen proportion regulating tube, as taught by Hardy, for the purpose of air stream flow rate adjustment to suit the needs of a given user (paragraph [0036] Hardy).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura (WO 2017149684) in view of Huang (CN 206368199 U), Lin (US 2018/03200275, hereinafter Lin ‘275), Lin (US 2024/0240327, hereinafter Lin ‘327), Murata (US 2022/0090273), Lin (US 2016/0263341, hereinafter Lin ‘341) and Hardy (US 2003/0213487), and further in view of Toth (US 2014/0275857).
Regarding claim 10, modified Kawamura discloses a supplying hydrogen- oxygen mixed gas auxiliary device in the form of a mask, but does not disclose it is in the form of a nasal cannula and further does not disclose a hydrogen and oxygen concentration detecting element disposed corresponding to the nasal cannula.
However, Toth teaches (Fig. 1-3) a supplying gas auxillary device in the form of a nasal cannula (microcannula, paragraph [0165]) and a hydrogen and oxygen concentration detecting element disposed corresponding to the nasal cannula (sensors that measure oxygen and hydrogen concentrations, paragraph [0110]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified Kawamura to include a nasal cannula and further does not disclose a hydrogen and oxygen concentration detecting element disposed corresponding to the nasal cannula, as taught by Toth, for the purpose of improving patient comfort as well as to allow for adjustment of operation of system based on the concentrations of the gases detected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Sprouse (US 5,306,577 discloses an electrolytic system having hydrogen and oxygen gas storages.
Kawamura (US 2016/0199603) discloses a hydrogen and oxygen gas mixture system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MOON whose telephone number is (571)272-2554. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MOON/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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