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.
Election/Restrictions
Applicant’s election without traverse of Species I (claims 1-4,7,8,11,12, and 14) in the reply filed on March 17 2026 is acknowledged.
Claims 5, 6, 9, 10, and 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 17 2026.
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 2-4, 11-12 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.
Regarding claim 2, line 4, “the opening portion” lacks antecedent basis.
Regarding claim 11, line 2, “the opening portions” lacks antecedent basis.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claim(s) 1-4,7,8,11, and 12 is/are rejected under 35 U.S.C. 102)a)(1) as being anticipated by Davidowski et al. (US 20060144399) hereinafter Davidowski et al.
Davidowski et al. teaches a condensation management techniques for a gas flow delivery system. The techniques include providing a radiant barrier associated with patient circuit and/or a patient interface, providing a water trap and/or an absorbent insert in the patient interface device, or a combination of these techniques. The radiant barrier prevents condensation from forming in the patient circuit and/or the patient interface. The water trap and absorbent insert in the patient interface control condensation that reaches or forms in the interior of the patient interface to prevent it from interfering the user of the gas delivery system.
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Regarding claim 1, Davidowski et al. teaches a measurement flow path through which at least one of expired air or inhaled air of a subject passes through, wherein a water absorption member is provided in a lower portion of the measurement flow path in a state where the airway adapter is placed, and
the water absorption member is exposed to an outside, and is configured to discharge water to the outside. Note figures 13 and 14 (annotated above) and paragraphs [0013], [0050] – [0053].
Regarding claim 2, Davidowski et al. teaches wherein an opening is provided in a lower portion of the measurement flow path in a state where the airway adapter is placed, and
the water absorption member is configured to close the opening portion to discharge the water to the outside. Note figures 13 and 14 (annotated above) and paragraphs [0013], [0050] – [0053]. It is the examiner’s interpretation that absorbent member 44 "closes off" the flow path opening 64 and space 65 from the reservoir 62 to ensure fluid can only escape from port 61.
Regarding claim 3, Davidowski et al. teaches wherein the water absorption member includes a storage portion having a groove shape. Note figures 13 and 14 (annotated above) and paragraphs [0013], [0050] – [0053].
Regarding claim 4, Davidowski et al. teaches wherein the storage portion is provided with a tapered structure. Note figures 13 and 14 (annotated above) and paragraphs [0013], [0050] – [0053].
Regarding claim 7, Davidowski et al. teaches wherein the water absorption member is a porous member. Note figures 13 and 14 (annotated above) and paragraphs [0013], [0050] – [0053]. The absorbent insert comprises a super-absorbent polymer material disposed inside a porous wicking material, such as cloth or paper.
Regarding claim 8, Davidowski et al. teaches wherein the water absorption member has an uneven structure on an outer portion of the water absorption member. Note figures 13 and 14 (annotated above) and paragraphs [0013], [0050] – [0053].
Regarding claim 11, Davidowski et al. teaches wherein a plurality of the opening portions are provided. Note figures 13 and 14 (annotated above) and paragraphs [0013], [0050] – [0053]. Note also the mask includes openings 63, 64 as well as 61.
Regarding claim 12, Davidowski et al. teaches wherein one opening portion is provided. Note figures 13 and 14 (annotated above) and paragraphs [0013], [0050] – [0053]. The mask includes a port 61 and the claim is not precluded from having more than a single opening.
Claim(s) 1,7, and 8 is/are rejected under 35 U.S.C. 102)a)(1) as being anticipated by Carlson et al. (US 20180372347) hereinafter Carlson et al.
Carlson et al. teaches a portable dehumidifier includes two wheels, a cabinet, a first fan, a second fan, and a heater. The cabinet includes a desiccant compartment that has a removable cassette assembly. The removable cassette assembly has a wheel-shaped desiccant that is configured to rotate about an axis in a clockwise direction when viewed from a top side of the cabinet. The axis runs from the top side of the cabinet to a bottom side of the cabinet. The cabinet further includes a process airflow inlet located on the top side of the cabinet, a process airflow outlet, a reactivation airflow inlet located at least partially between the two wheels, and a reactivation airflow outlet located at least partially within the desiccant compartment. The first fan is configured to generate a process airflow that flows through a first portion of the wheel-shaped desiccant in order to provide dehumidification.
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Regarding claim 1, Carlson et al. teaches a measurement flow path through which at least one of expired air or inhaled air of a subject passes through, wherein a water absorption member is provided in a lower portion of the measurement flow path in a state where the airway adapter is placed, and
the water absorption member is exposed to an outside, and is configured to discharge water to the outside.
The claims in general are considered pretty broad and not clearly limited to the technical field as disclosed. Note figure 9 of Carlson et al. shows an air pathway inlet at the top and airflow exit 115 and 125 and desiccant 170 to absorb water that is exposed to the outside and is configured to discharge water ( in some form to the outside). It is the examiner’s interpretation that a dehumidifier placed in a room where people breath would include expired air of a subject, a “measurement flow path “ does not impart any specific structure to the claim and any air is capable of being measured. The water absorbent member in a “lower portion” of the flow path is a relative location and the desiccant in Carlson et al. is located below the air entry portion and is therefore in a lower portion of the airway path. Also the desiccant is at least “exposed” to the outside and configured to discharge absorbed water in some form. The claim is not specific as to the form the water takes or how it is “discharged”.
Regarding claim 7, Carlson et al. teaches wherein the water absorption member is a porous member. Carlson et al. paragraph [0037] Portable desiccant dehumidifier 100 also includes a desiccant 170. In general, desiccant 170 is made of any appropriate material (e.g., activated alumina, silica gel, molecular sieve, etc.) that is capable of absorbing moisture from process airflow 101, thereby providing dehumidification to process airflow 101.
Regarding claim 8, Carlson et al. teaches wherein the water absorption member has an uneven structure on an outer portion of the water absorption member. Carlson et al. paragraph [0037] Portable desiccant dehumidifier 100 also includes a desiccant 170. In general, desiccant 170 is made of any appropriate material (e.g., activated alumina, silica gel, molecular sieve, etc.) that is capable of absorbing moisture from process airflow 101, thereby providing dehumidification to process airflow 101. It is noted that a molecular sieve is a porous material and having a pore structure which would make the external surface uneven.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davidowski et al. (US 20060144399) hereinafter Davidowski et al. in view of Kwok et al.( US 20060037613) hereinafter Kwok et al.
Davidowski et al. teaches the claimed invention as set forth above but does not specifically teach wherein the measurement flow path passes between opposed window portions of a member through which infrared light is transmitted.
Kwok et al. teaches in the same field of endeavor a method and apparatus for humidifying breathable gas provided to a user includes providing a breathable gas, producing moisture or water derived from ambient environmental surroundings, e.g., via condensation and/or dehumidified air, and directing the breathable gas along an air flow path. The air flow path optionally includes access to at least a portion of the moisture or water for increased humidification of the breathable gas, for delivery to the user. [0092] As shown in FIGS. 14 and 15, one embodiment of the invention may include a humidity or condensation sensor 100 to determine if adequate level of condensation, or too much condensation, is occurring. As schematically shown in FIG. 14, an infrared emitter 102 and detector 104 are placed, e.g., in side-by-side relation, at the bottom of the mask interface or location or surface 106 where condensation is likely to bead or pool. The mask frame wall in front of the side-by-side emitter/detector is transparent to infrared light. Under normal conditions, where no condensation or water droplets have developed (FIG. 14), the detector 104 does not detect any infrared light. If significant water droplets 108 develop in front of the emitter/detector (FIG. 15), the droplets (condensation) cause the incident light to scatter in most if not all directions, a portion of which scattered light is reflected back to the detector to thereby signify the presence of condensation. Sensor elements, e.g., emitter and detector, are controlled by appropriate logic, or signals from the detector/emitter are provided to a processor or computer. The sensor may also use another type of visible or non-visible light emitter/detector combination. [0093] In another alternative, emitter and detector may be positioned on opposite sides of the location 106. If the light from emitter passes through location 106, and is received by detector 104 at full intensity, then it is judged that no condensation is present. If water droplets (condensation) appears, then the emitted light is reflected and/or scattered such that the detector only receives less than the full intensity of the light, e.g., 50-95% . Therefore, it is judged that condensation is present.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Davidowski et al. an infrared moisture sensor as taught by Kwok et al. to generate efficient and high levels of humidification whilst reducing condensation in the air delivery path and mask interface.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The examiner notes, there are a number of similar prior art airway adapters for sensing respiratory gases of a user, however they do not teach the specific structure of a water absorbent member as shown in figure 4 and set forth in the specification. The examiner suggests more specifically defining the structure of the airway adapter and the water absorbing member to define over the prior art of record.
O'Neil et al. (US 6044843) teaches airway adapter comprising a tubular portion having opposing windows in a predetermined spaced configuration. The windows have at least one surface which interacts with moisture condensed thereon from respiratory gases so as to reduce the interference of such condensation with the measurement of constituent gases by a gas analyzer. The surface of the windows can be hydrophobic, hydrophilic, or a combination thereof.
NAKAICHI et al.( EP 728441) teaches a capnometer includes an airway adaptor (1) for letting a respiratory gas pass through, and a light source holding the adaptor and irradiating with infrared the gas passing through the airway. A detachable, rotatable detector (2) detects the infrared radiations that have passed through the respiratory gas.
OKADA et al.( JP H08233699) teaches a breathing airway in which a detecting portion is equipped with an airway adapter provided in a carbon dioxide concentration measuring device for measuring the concentration of carbon dioxide contained in exhaled gas. The present invention relates to an adapter attaching / detaching mechanism.
Todokoro et al. (US 6216692) teaches an airway adaptor for measurement of the concentration of carbon dioxide gas. Such an airway adaptor is attached to a respirator in order to measure the concentration of carbon dioxide gas in a respiratory gas.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN L CASLER/Primary Examiner, Art Unit 3791
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