DETAILED ACTION
This Office Action is in response to the election/restriction response, filed on June 18, 2026. Primary Examiner acknowledges Claims 37-49 are pending in this application, with Claim 37 having been currently amended, and Claims 1-36 and 50-60 having been cancelled.
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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 37-49) in the reply filed on June 18, 2026 is acknowledged.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference character “3200” has been used to designate “plenum chamber” and “planum chamber” (Para 0160). Appropriate correction is required.
Reference character “6130” has been used to designate “vent outlet” and “vent inlet” (Para 0195). Appropriate correction is required.
Reference character “6400” has been used to designate “outer path surface” and “inner surface” (Para 0174). Appropriate correction is required.
Reference character “7110” has been used to designate “first end” and “tube portion” (Para 0206). Appropriate correction is required.
Reference character “7120” has been used to designate “second end” and “inner tube portion” (Para 0214). Appropriate correction is required.
Reference characters “7120” and “7140” have been used to designate “inner tube portion”. Appropriate correction is required.
Reference characters “6120” and “6130” have been used to designate “vent inlet”. 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
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract, filed on September 26, 2023, has a word count greater than 150 words. Appropriate correction is required.
The disclosure is objected to because of the following informalities:
Reference character “3200” has been used to designate “plenum chamber” and “planum chamber” (Para 0160). Appropriate correction is required.
Reference character “6130” has been used to designate “vent outlet” and “vent inlet” (Para 0195). Appropriate correction is required.
Reference character “6400” has been used to designate “outer path surface” and “inner surface” (Para 0174). Appropriate correction is required.
Reference character “7110” has been used to designate “first end” and “tube portion” (Para 0206). Appropriate correction is required.
Reference character “7120” has been used to designate “second end” and “inner tube portion” (Para 0214). Appropriate correction is required.
Reference characters “7120” and “7140” have been used to designate “inner tube portion”. Appropriate correction is required.
Reference characters “6120” and “6130” have been used to designate “vent inlet”. Appropriate correction is required.
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 37-40 and 46-49 are rejected under 35 U.S.C. 103 as being unpatentable over McGinnis (5,002,050) in view of Veliss et al. (2011/0180071).
As to Claim 37, McGinnis discloses a vent structure (10, “There is generally indicated at 10 in FIG. 1 a control valve constructed according to one presently preferred embodiment of the instant invention and comprised of a valve body 12 that is made up of two coaxially interfitted, generally cylindrical body members 14 and 16. Body member 14 comprises an outer open end 17 which forms the inlet end of valve 10 and is adapted for connection to a source of pressurized gas flow as indicated at 18.” Column 4, Lines 20-45; “The disclosed valve 10 is suitable for gas flow valving functions in a variety of ventilation and anesthesia circuits. In any such system to which the valve 10 is applied, control of exhaust flow is afforded by the supply pressure originating upstream of the valve 10 (e.g. in source 18), and reaching valve 10 via the primary gas flow supply conduit 19 connecting source 18 to inlet end portion 15 of the valve 10.” Column 5, Lines 45-60; “In yet another novel system incorporating the valve 10, a CPAP supply system 100 (FIG. 5) is connected via conduit 102 to the inlet end 15 of valve 10. The outlet end 32 of valve 10 is connected to mask 33 as above described.” Column 8, Lines 10-30) for a respiratory therapy system (Figures 1 and 5), the vent structure (10) comprising: a vent housing (12, “There is generally indicated at 10 in FIG. 1 a control valve constructed according to one presently preferred embodiment of the instant invention and comprised of a valve body 12 that is made up of two coaxially interfitted, generally cylindrical body members 14 and 16. Body member 14 comprises an outer open end 17 which forms the inlet end of valve 10 and is adapted for connection to a source of pressurized gas flow as indicated at 18.” Column 4, Lines 20-45) defining: a flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53, “A plurality of radially extending through openings 53 penetrate plenum 28 to provide open communication between chamber 52 and the exterior of valve 10.” Column 5, Lines 35-50; “A reverse gas flow impetus of any magnitude, for example, as caused by patient exhalation effort, will urge disk 42 to the left and simultaneously close check valve disk 46 (FIG. 2), thus directing reverse flow to pass into chamber 52 and via ports 53 into the ambient atmosphere, rather than back flowing toward source 18.” Column 6, Lines 1-15; and “If the pressure in outlet end 32 exceeds the pressure in inlet end 15 by as little as 1/2 centimeter of water to 1 centimeter of water, disk 42 will open and reverse flow will pass via exhalation ports 53 from valve 10. … The patient then will be able to exhale through the exhalation ports 53. In this manner, the patient's lungs can be ventilated without using a separate exhalation valve and exhalation tubing circuit.” Column 6, Line 10-40) for a flow of air being vented from the respiratory therapy system (Figures 1 and 5); a vent inlet (via the passage of air from 16 about 36, as best seen in Figure 2, “As will be seen, when valve disk 42 is seated upon valve seat 36 (FIG. 1), exhaust chamber 52 is isolated from the gas flow passage 54 which extends axially through valve 10, and when valve disk 42 is displaced axially from seat 36 (FIG. 2), chamber 52 is open to gas flow passage 54.” Column 5, Lines 40-50; “When the ventilator cycle enters the exhalation phase, patient airway pressure will be higher than inlet end 17 pressure and disk 42 thus will be lifted from seat 36. The patient then will be able to exhale through the exhalation ports 53.” Column 6, Lines 10-40) configured to allow the flow of air to enter the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53); and a vent outlet (via the passage of air from 52 through 53, “A plurality of radially extending through openings 53 penetrate plenum 28 to provide open communication between chamber 52 and the exterior of valve 10.” Column 5, Lines 35-50; “A reverse gas flow impetus of any magnitude, for example, as caused by patient exhalation effort, will urge disk 42 to the left and simultaneously close check valve disk 46 (FIG. 2), thus directing reverse flow to pass into chamber 52 and via ports 53 into the ambient atmosphere, rather than back flowing toward source 18.” Column 6, Lines 1-15) configured to allow the flow of air to exit the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) into the surrounding ambient air; wherein the vent housing (12) is configured so that the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) comprises a curved turning region (26, “Flange 22 is formed adjacent the outer longitudinal end of exhaust plenum 28, and an annular step 26 adjacent the opposite longitudinal end thereof joins exhaust plenum 28 coaxially to inlet end portion 15.” Column 4, Lines 20-45; “Member 14 includes, radially inwardly adjacent to step 26, an integrally formed cylindrical flange 38 which projects coaxially within member 14 toward valve disk seat 36.” Column 5, Lines 5-25) in which the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) changes direction by substantially 180 degrees (gas originally flows from the patient 33 through 16 and towards 14, upon the movement of the valve as seen in Figure 2, the gas then flows from 14, about 36 as proximate the turning region 26, and reverses flow along the exterior of 16 towards 53 – thus yielding an 180 degree change in directionality of gas flow), and wherein the vent housing (12) comprises an inner path surface (24 via 16, “An inner open end 20 of body member 14 is formed by a radially inwardly projecting flange 22 to receive a complementary end portion 24 of body member 16 coaxially therein.” Column 4, Lines 20-45; “The inner end portion 24 of body member 16 is of an axially elongated cylindrical form with an outer diameter that permits a sliding fit thereof coaxially within flange 22 such that, for assembly of valve body 12, end portion 24 is interfitted coaxially within exhaust plenum 28 and is secured with respect thereto by such means as a suitable bonding agent applied in the interface between flange 22 and inner end portion 24 ” Column 4, Lines 40-55; “The opposite or inner end portion 24 of member 16 projects axially within exhaust plenum 28, as described, and terminates therein to form an annular valve disk seat 36 that is located axially intermediate the ends of exhaust plenum 28.” Column 4, Line 65 thru Column 5, Line 10; “An axially elongated, annular exhaust chamber 52 is formed by plenum 28 and the inner end portion 24 of member 16, and by disk 42, diaphragm 40 and flange 38.” Column 5, Lines 35-45) on an inner side (lumen of 24) of the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) and an outer path surface (28 of 14, “Intermediate the open ends 17 and 20, body member 14 includes a smaller diameter inlet end portion 15 and a diametrically enlarged cylindrical exhaust plenum portion 28 thereof. Flange 22 is formed adjacent the outer longitudinal end of exhaust plenum 28, and an annular step 26 adjacent the opposite longitudinal end thereof joins exhaust plenum 28 coaxially to inlet end portion 15. The inner end portion 24 of body member 16 is of an axially elongated cylindrical form with an outer diameter that permits a sliding fit thereof coaxially within flange 22 such that, for assembly of valve body 12, end portion 24 is interfitted coaxially within exhaust plenum 28 and is secured with respect thereto by such means as a suitable bonding agent applied in the interface between flange 22 and inner end portion 24.” Column 4, Lines 20-55; “To provide a stronger and more rigid valve body assembly, body member 16 may be provided with a radially outwardly and axially projecting flange portion 30 to circumferentially encompass and axially overlap flange 22 and adjacent portions of exhaust plenum 28. A suitable bonding agent would thus also be applied throughout the interfacing surface portions of flange 30 and the complementary surface portions of flange 22 and exhaust plenum portion 28 to provide a rigidly bonded, unitary structure. Of course, there are numerous alternative design configurations for the bonded interfacing portions of members 14 and 16, the structure shown in FIG. 1 being merely exemplary.” Column 4, Lines 50-70; “The opposite or inner end portion 24 of member 16 projects axially within exhaust plenum 28, as described, and terminates therein to form an annular valve disk seat 36 that is located axially intermediate the ends of exhaust plenum 28.” Column 4, Line 65 thru Column 5, Line 10; “An axially elongated, annular exhaust chamber 52 is formed by plenum 28 and the inner end portion 24 of member 16, and by disk 42, diaphragm 40 and flange 38. A plurality of radially extending through openings 53 penetrate plenum 28 to provide open communication between chamber 52 and the exterior of valve 10. ” Column 5, Lines 35-45) on an outer side (lumen of 28) of the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53); wherein there is a width (best seen Figures 1 and 5) of the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) at the turning region (26) and at a region (proximate 53) downstream of the turning region (26); and wherein there is an opening angle between the inner path surface (24 via 16) of the vent housing (12) at the vent outlet (via the passage of air from 52 through 53) and the outer path surface (28 of 14) of the vent housing (12) at the vent outlet (via the passage of air from 52 through 53).
Yet, McGinnis does not expressly disclose the specific width of the flow path being “at least substantially 0.85 mm” nor the specific opening angle being “substantially 7 degrees or less”.
Veliss teaches a vent structure (510, “FIGS. 35-37 illustrate a mask frame 510 including two curved washout vents 520 according to an embodiment of the present invention.” Para 0066) for a respiratory therapy system (Figures 35-37), the vent structure (520) comprising: a vent housing (520, “FIGS. 35-37 illustrate a mask frame 510 including two curved washout vents 520 according to an embodiment of the present invention.” Para 0066; “As shown in FIG. 36, each vent 520 also has a width of 0.85 mm, a depth of 3 mm, an inlet radius of 1.5 mm, and a draft angle of 6 degrees.” Para 0067) defining: a flow path (defined by the passage of air from the interior of 510 through 520 to the exterior of 510) for a flow of air being vented from the respiratory therapy system (Figures 35-37); a vent inlet (defined as the region of 520 proximate the interior of 510) configured to allow the flow of air to enter the flow path (defined by the passage of air from the interior of 510 through 520 to the exterior of 510); and a vent outlet (defined as the region of 520 proximate the exterior of 510) configured to allow the flow of air to exit the flow path (defined by the passage of air from the interior of 510 through 520 to the exterior of 510) into the surrounding ambient air.
Regarding the remaining limitations of the claims, Veliss teaches both the specific width of the flow path being “at least substantially 0.85 mm” and the specific opening angle being “substantially 7 degrees or less”. Explicitly, Veliss teaches “As shown in FIG. 36, each vent 520 also has a width of 0.85 mm, a depth of 3 mm, an inlet radius of 1.5 mm, and a draft angle of 6 degrees.” (Para 0067) are known dimensions suitable for imparting venting along a flow path (defined by the passage of air from the interior of 510 through 520 to the exterior of 510) to the ambient exterior environment.
In light of the teachings of Veliss, it would have been obvious to one having ordinary skill in the art to modify the specific width and opening angle of the vent housing of McGinnis to be within the recited dimensions as claimed into to provide dimensions suitable for venting. Hence, the specific width and opening angles 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 gas to be vented along the flow path to the ambient exterior environment. Consequently, one of ordinary skill in the art would have expected Applicant’s invention to perform equally well with the modified McGinnis, as the specific width and opening angle of the vent housing would yield the predictable results of imparting sufficient dimensions suitable for imparting venting along a flow path to the ambient exterior environment.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the construction of the width of the flow path, and the opening angle of the vent housing of McGinnis, a known result effective variable, as taught by Veliss, achieve sufficient dimensions suitable for imparting venting along a flow path to the ambient exterior environment.
As to Claim 38, the modified McGinnis, specifically McGinnis discloses wherein in the turning region (26), the inner path surface (24 via 16) has a cross sectional shape in the form of a segment of a circle. As best shown in Figures 1, 2, and 5, the opening of the valve (42) – Figure 2 – results in the flow of gas along the inner path surface (24 via 16) about the valve seat (36) so that the gas is allowed to flow towards the turning region (26). In this configuration, the inner path surface (24 via 16) extends beyond the valve seat (36) to impinge upon the turning region (26). Thus, the inner path surface (24 via 16) effectively terminates at the turning region (26) when the valve (42) is in the open configuration.
As to Claim 39, the modified McGinnis, specifically McGinnis discloses through the turning region (26) the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) changes direction to a substantially opposite direction (gas originally flows from the patient 33 through 16 and towards 14, upon the movement of the valve as seen in Figure 2, the gas then flows from 14, about 36 as proximate the turning region 26, and reverses flow along the exterior of 16 towards 53 – thus yielding an 180 degree change in directionality of gas flow).
As to Claim 40, the modified McGinnis, specifically McGinnis discloses the inner path surface (24 via 16) has a cross sectional shape in, or resembling, the form of part of an aerofoil (via apex of 36). As best shown in Figures 1, 2, and 5, the opening of the valve (42) – Figure 2 – results in the flow of gas along the inner path surface (24 via 16) about the valve seat (36) so that the gas is allowed to flow towards the turning region (26). In this configuration, the inner path surface (24 via 16) extends beyond the valve seat (36) which has the shape of an aerofoil to direct the flow of gas about (36) to be impinged upon the turning region (26). Thus, the inner path surface (24 via 16) effectively includes an aerofoil (via apex of 36) to direct the flow of gas towards the turning region (26) prior to final disposition through the vent outlet (53) at the ambient environment.
As to Claim 46, McGinnis discloses a vent structure (10, “There is generally indicated at 10 in FIG. 1 a control valve constructed according to one presently preferred embodiment of the instant invention and comprised of a valve body 12 that is made up of two coaxially interfitted, generally cylindrical body members 14 and 16. Body member 14 comprises an outer open end 17 which forms the inlet end of valve 10 and is adapted for connection to a source of pressurized gas flow as indicated at 18.” Column 4, Lines 20-45; “The disclosed valve 10 is suitable for gas flow valving functions in a variety of ventilation and anesthesia circuits. In any such system to which the valve 10 is applied, control of exhaust flow is afforded by the supply pressure originating upstream of the valve 10 (e.g. in source 18), and reaching valve 10 via the primary gas flow supply conduit 19 connecting source 18 to inlet end portion 15 of the valve 10.” Column 5, Lines 45-60; “In yet another novel system incorporating the valve 10, a CPAP supply system 100 (FIG. 5) is connected via conduit 102 to the inlet end 15 of valve 10. The outlet end 32 of valve 10 is connected to mask 33 as above described.” Column 8, Lines 10-30) for a respiratory therapy system (Figures 1 and 5), the vent structure (10) comprising: a vent housing (12, “There is generally indicated at 10 in FIG. 1 a control valve constructed according to one presently preferred embodiment of the instant invention and comprised of a valve body 12 that is made up of two coaxially interfitted, generally cylindrical body members 14 and 16. Body member 14 comprises an outer open end 17 which forms the inlet end of valve 10 and is adapted for connection to a source of pressurized gas flow as indicated at 18.” Column 4, Lines 20-45) defining: a flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53, “A plurality of radially extending through openings 53 penetrate plenum 28 to provide open communication between chamber 52 and the exterior of valve 10.” Column 5, Lines 35-50; “A reverse gas flow impetus of any magnitude, for example, as caused by patient exhalation effort, will urge disk 42 to the left and simultaneously close check valve disk 46 (FIG. 2), thus directing reverse flow to pass into chamber 52 and via ports 53 into the ambient atmosphere, rather than back flowing toward source 18.” Column 6, Lines 1-15; and “If the pressure in outlet end 32 exceeds the pressure in inlet end 15 by as little as 1/2 centimeter of water to 1 centimeter of water, disk 42 will open and reverse flow will pass via exhalation ports 53 from valve 10. … The patient then will be able to exhale through the exhalation ports 53. In this manner, the patient's lungs can be ventilated without using a separate exhalation valve and exhalation tubing circuit.” Column 6, Line 10-40) for a flow of air being vented from the respiratory therapy system (Figures 1 and 5); a vent inlet (via the passage of air from 16 about 36, as best seen in Figure 2, “As will be seen, when valve disk 42 is seated upon valve seat 36 (FIG. 1), exhaust chamber 52 is isolated from the gas flow passage 54 which extends axially through valve 10, and when valve disk 42 is displaced axially from seat 36 (FIG. 2), chamber 52 is open to gas flow passage 54.” Column 5, Lines 40-50; “When the ventilator cycle enters the exhalation phase, patient airway pressure will be higher than inlet end 17 pressure and disk 42 thus will be lifted from seat 36. The patient then will be able to exhale through the exhalation ports 53.” Column 6, Lines 10-40) configured to allow the flow of air to enter the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53); and a vent outlet (via the passage of air from 52 through 53, “A plurality of radially extending through openings 53 penetrate plenum 28 to provide open communication between chamber 52 and the exterior of valve 10.” Column 5, Lines 35-50; “A reverse gas flow impetus of any magnitude, for example, as caused by patient exhalation effort, will urge disk 42 to the left and simultaneously close check valve disk 46 (FIG. 2), thus directing reverse flow to pass into chamber 52 and via ports 53 into the ambient atmosphere, rather than back flowing toward source 18.” Column 6, Lines 1-15) configured to allow the flow of air to exit the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) into the surrounding ambient air; wherein the vent housing (12) is configured so that the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) comprises a curved turning region (26, “Flange 22 is formed adjacent the outer longitudinal end of exhaust plenum 28, and an annular step 26 adjacent the opposite longitudinal end thereof joins exhaust plenum 28 coaxially to inlet end portion 15.” Column 4, Lines 20-45; “Member 14 includes, radially inwardly adjacent to step 26, an integrally formed cylindrical flange 38 which projects coaxially within member 14 toward valve disk seat 36.” Column 5, Lines 5-25) in which the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) changes direction by substantially 180 degrees (gas originally flows from the patient 33 through 16 and towards 14, upon the movement of the valve as seen in Figure 2, the gas then flows from 14, about 36 as proximate the turning region 26, and reverses flow along the exterior of 16 towards 53 – thus yielding an 180 degree change in directionality of gas flow), and wherein the vent housing (12) comprises an inner path surface (24 via 16, “An inner open end 20 of body member 14 is formed by a radially inwardly projecting flange 22 to receive a complementary end portion 24 of body member 16 coaxially therein.” Column 4, Lines 20-45; “The inner end portion 24 of body member 16 is of an axially elongated cylindrical form with an outer diameter that permits a sliding fit thereof coaxially within flange 22 such that, for assembly of valve body 12, end portion 24 is interfitted coaxially within exhaust plenum 28 and is secured with respect thereto by such means as a suitable bonding agent applied in the interface between flange 22 and inner end portion 24 ” Column 4, Lines 40-55; “The opposite or inner end portion 24 of member 16 projects axially within exhaust plenum 28, as described, and terminates therein to form an annular valve disk seat 36 that is located axially intermediate the ends of exhaust plenum 28.” Column 4, Line 65 thru Column 5, Line 10; “An axially elongated, annular exhaust chamber 52 is formed by plenum 28 and the inner end portion 24 of member 16, and by disk 42, diaphragm 40 and flange 38.” Column 5, Lines 35-45) on an inner side (lumen of 24) of the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) and an outer path surface (28 of 14, “Intermediate the open ends 17 and 20, body member 14 includes a smaller diameter inlet end portion 15 and a diametrically enlarged cylindrical exhaust plenum portion 28 thereof. Flange 22 is formed adjacent the outer longitudinal end of exhaust plenum 28, and an annular step 26 adjacent the opposite longitudinal end thereof joins exhaust plenum 28 coaxially to inlet end portion 15. The inner end portion 24 of body member 16 is of an axially elongated cylindrical form with an outer diameter that permits a sliding fit thereof coaxially within flange 22 such that, for assembly of valve body 12, end portion 24 is interfitted coaxially within exhaust plenum 28 and is secured with respect thereto by such means as a suitable bonding agent applied in the interface between flange 22 and inner end portion 24.” Column 4, Lines 20-55; “To provide a stronger and more rigid valve body assembly, body member 16 may be provided with a radially outwardly and axially projecting flange portion 30 to circumferentially encompass and axially overlap flange 22 and adjacent portions of exhaust plenum 28. A suitable bonding agent would thus also be applied throughout the interfacing surface portions of flange 30 and the complementary surface portions of flange 22 and exhaust plenum portion 28 to provide a rigidly bonded, unitary structure. Of course, there are numerous alternative design configurations for the bonded interfacing portions of members 14 and 16, the structure shown in FIG. 1 being merely exemplary.” Column 4, Lines 50-70; “The opposite or inner end portion 24 of member 16 projects axially within exhaust plenum 28, as described, and terminates therein to form an annular valve disk seat 36 that is located axially intermediate the ends of exhaust plenum 28.” Column 4, Line 65 thru Column 5, Line 10; “An axially elongated, annular exhaust chamber 52 is formed by plenum 28 and the inner end portion 24 of member 16, and by disk 42, diaphragm 40 and flange 38. A plurality of radially extending through openings 53 penetrate plenum 28 to provide open communication between chamber 52 and the exterior of valve 10. ” Column 5, Lines 35-45) on an outer side (lumen of 28) of the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53); wherein there is a width (best seen Figures 1 and 5) of the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) at the turning region (26) and at a region (proximate 53) downstream of the turning region (26); and wherein there is an opening angle between the inner path surface (24 via 16) of the vent housing (12) at the vent outlet (via the passage of air from 52 through 53) and the outer path surface (28 of 14) of the vent housing (12) at the vent outlet (via the passage of air from 52 through 53).
Regarding the connection member limitations, McGinnis discloses the connection member (defined as the structure between 18/100 and 33 as best seen Figures 1 and 5) configured to directly or indirectly fluidly connect an air circuit (18 of Figure 1 OR 100 of Figure 5, wherein 18 - “a source of pressurized gas flow as indicated at 18.” Column 4, Lines 20-45; and wherein 100 – “a CPAP supply system 100 (FIG. 5)” Column 8, Lines 10-30) to a patient interface (33, “an appliance utilized for directing gas flow and pressure into the airway of a patient, for example a face mask 33.” Column 4, Line 65 thru Column 5, Line 10) in a respiratory therapy system (Figures 1 and 5), the connection member (defined as the structure between 18/100 and 33 as best seen Figures 1 and 5) comprising: a tube portion (defined by the combination of 19 and 60, wherein 19 – “primary gas flow supply conduit 19 connecting source 18 to inlet end portion 15 of the valve 10.” Column 5, Lines 45-60; and wherein 60 – “a conduit 60 to a mask 33 for supplying medical gas to a patient” Column 6, Lines 35-50) comprising a first end (19) configured to directly or indirectly fluidly connect to the air circuit (18 of Figure 1 OR 100 of Figure 5) and a second end (60) configured to directly or indirectly fluidly connect to the patient interface (33); and the vent structure (10) being configured to allow air in the tube portion (defined by the combination of 19 and 60) to exit into the surrounding ambient air (via 53).
Yet, McGinnis does not expressly disclose the specific width of the flow path being “at least substantially 0.85 mm”, the specific opening angle being “substantially 7 degrees or less”, the configuration of the vent structure on a patient interface having a plenum chamber and seal forming structure, nor the construction of the patient interface to “allow the patient to breath from ambient through their mouth… or leave the patient’s mouth uncovered”.
Veliss teaches a vent structure (510, “FIGS. 35-37 illustrate a mask frame 510 including two curved washout vents 520 according to an embodiment of the present invention.” Para 0066) for a respiratory therapy system (Figures 35-37), the vent structure (520) comprising: a vent housing (520, “FIGS. 35-37 illustrate a mask frame 510 including two curved washout vents 520 according to an embodiment of the present invention.” Para 0066; “As shown in FIG. 36, each vent 520 also has a width of 0.85 mm, a depth of 3 mm, an inlet radius of 1.5 mm, and a draft angle of 6 degrees.” Para 0067) defining: a flow path (defined by the passage of air from the interior of 510 through 520 to the exterior of 510) for a flow of air being vented from the respiratory therapy system (Figures 35-37); a vent inlet (defined as the region of 520 proximate the interior of 510) configured to allow the flow of air to enter the flow path (defined by the passage of air from the interior of 510 through 520 to the exterior of 510); and a vent outlet (defined as the region of 520 proximate the exterior of 510) configured to allow the flow of air to exit the flow path (defined by the passage of air from the interior of 510 through 520 to the exterior of 510) into the surrounding ambient air.
Regarding the remaining limitations of the claims, Veliss teaches both the specific width of the flow path being “at least substantially 0.85 mm” and the specific opening angle being “substantially 7 degrees or less”. Explicitly, Veliss teaches “As shown in FIG. 36, each vent 520 also has a width of 0.85 mm, a depth of 3 mm, an inlet radius of 1.5 mm, and a draft angle of 6 degrees.” (Para 0067) are known dimensions suitable for imparting venting along a flow path (defined by the passage of air from the interior of 510 through 520 to the exterior of 510) to the ambient exterior environment.
In light of the teachings of Veliss, it would have been obvious to one having ordinary skill in the art to modify the specific width and opening angle of the vent housing of McGinnis to be within the recited dimensions as claimed into to provide dimensions suitable for venting. Hence, the specific width and opening angles 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 gas to be vented along the flow path to the ambient exterior environment. Consequently, one of ordinary skill in the art would have expected Applicant’s invention to perform equally well with the modified McGinnis, as the specific width and opening angle of the vent housing would yield the predictable results of imparting sufficient dimensions suitable for imparting venting along a flow path to the ambient exterior environment.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the construction of the width of the flow path, and the opening angle of the vent housing of McGinnis, a known result effective variable, as taught by Veliss, achieve sufficient dimensions suitable for imparting venting along a flow path to the ambient exterior environment.
As to Claim 47, the modified McGinnis, specifically McGinnis discloses the tube portion (defined by the combination of 19 and 60) comprises an outer tube portion (via connection of 19 to 14) and an inner tube portion (via connection of 60 to 16).
As to Claim 48, the modified McGinnis, specifically McGinnis discloses the outer tube portion (via connection of 19 to 14) is rotatable relative (“The inner end portion 24 of body member 16 is of an axially elongated cylindrical form with an outer diameter that permits a sliding fit thereof coaxially within flange 22 such that, for assembly of valve body 12, end portion 24 is interfitted coaxially within exhaust plenum 28 and is secured with respect thereto by such means as a suitable bonding agent applied in the interface between flange 22 and inner end portion 24.” Column 4, Lines 40-55) to the inner tube portion (via connection of 60 to 16) around a mutual longitudinal axis (“coaxially interfitted” Column 4, Lines 20-45). In the action of “sliding fit” of the “coaxially” intermittent, there is no structure that would preclude, prevent, or hider the act of rotation to permit the initial fitment of 22 rotationally within 30 – “To provide a stronger and more rigid valve body assembly, body member 16 may be provided with a radially outwardly and axially projecting flange portion 30 to circumferentially encompass and axially overlap flange 22 and adjacent portions of exhaust plenum 28.” (Column 4, Lines 50-70).
As to Claim 49, the modified McGinnis, specifically McGinnis discloses the outer tube portion (via connection of 19 to 14) comprises the first end (19) and the inner tube portion (via connection of 60 to 16) comprises the second end (60).
Claim 45 is rejected under 35 U.S.C. 103 as being unpatentable over McGinnis (5,002,050) in view of Veliss et al. (2011/0180071), with evidence of Rudolph (5,538,000).
As to Claim 45, McGinnis discloses a vent structure (10, “There is generally indicated at 10 in FIG. 1 a control valve constructed according to one presently preferred embodiment of the instant invention and comprised of a valve body 12 that is made up of two coaxially interfitted, generally cylindrical body members 14 and 16. Body member 14 comprises an outer open end 17 which forms the inlet end of valve 10 and is adapted for connection to a source of pressurized gas flow as indicated at 18.” Column 4, Lines 20-45; “The disclosed valve 10 is suitable for gas flow valving functions in a variety of ventilation and anesthesia circuits. In any such system to which the valve 10 is applied, control of exhaust flow is afforded by the supply pressure originating upstream of the valve 10 (e.g. in source 18), and reaching valve 10 via the primary gas flow supply conduit 19 connecting source 18 to inlet end portion 15 of the valve 10.” Column 5, Lines 45-60; “In yet another novel system incorporating the valve 10, a CPAP supply system 100 (FIG. 5) is connected via conduit 102 to the inlet end 15 of valve 10. The outlet end 32 of valve 10 is connected to mask 33 as above described.” Column 8, Lines 10-30) for a respiratory therapy system (Figures 1 and 5), the vent structure (10) comprising: a vent housing (12, “There is generally indicated at 10 in FIG. 1 a control valve constructed according to one presently preferred embodiment of the instant invention and comprised of a valve body 12 that is made up of two coaxially interfitted, generally cylindrical body members 14 and 16. Body member 14 comprises an outer open end 17 which forms the inlet end of valve 10 and is adapted for connection to a source of pressurized gas flow as indicated at 18.” Column 4, Lines 20-45) defining: a flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53, “A plurality of radially extending through openings 53 penetrate plenum 28 to provide open communication between chamber 52 and the exterior of valve 10.” Column 5, Lines 35-50; “A reverse gas flow impetus of any magnitude, for example, as caused by patient exhalation effort, will urge disk 42 to the left and simultaneously close check valve disk 46 (FIG. 2), thus directing reverse flow to pass into chamber 52 and via ports 53 into the ambient atmosphere, rather than back flowing toward source 18.” Column 6, Lines 1-15; and “If the pressure in outlet end 32 exceeds the pressure in inlet end 15 by as little as 1/2 centimeter of water to 1 centimeter of water, disk 42 will open and reverse flow will pass via exhalation ports 53 from valve 10. … The patient then will be able to exhale through the exhalation ports 53. In this manner, the patient's lungs can be ventilated without using a separate exhalation valve and exhalation tubing circuit.” Column 6, Line 10-40) for a flow of air being vented from the respiratory therapy system (Figures 1 and 5); a vent inlet (via the passage of air from 16 about 36, as best seen in Figure 2, “As will be seen, when valve disk 42 is seated upon valve seat 36 (FIG. 1), exhaust chamber 52 is isolated from the gas flow passage 54 which extends axially through valve 10, and when valve disk 42 is displaced axially from seat 36 (FIG. 2), chamber 52 is open to gas flow passage 54.” Column 5, Lines 40-50; “When the ventilator cycle enters the exhalation phase, patient airway pressure will be higher than inlet end 17 pressure and disk 42 thus will be lifted from seat 36. The patient then will be able to exhale through the exhalation ports 53.” Column 6, Lines 10-40) configured to allow the flow of air to enter the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53); and a vent outlet (via the passage of air from 52 through 53, “A plurality of radially extending through openings 53 penetrate plenum 28 to provide open communication between chamber 52 and the exterior of valve 10.” Column 5, Lines 35-50; “A reverse gas flow impetus of any magnitude, for example, as caused by patient exhalation effort, will urge disk 42 to the left and simultaneously close check valve disk 46 (FIG. 2), thus directing reverse flow to pass into chamber 52 and via ports 53 into the ambient atmosphere, rather than back flowing toward source 18.” Column 6, Lines 1-15) configured to allow the flow of air to exit the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) into the surrounding ambient air; wherein the vent housing (12) is configured so that the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) comprises a curved turning region (26, “Flange 22 is formed adjacent the outer longitudinal end of exhaust plenum 28, and an annular step 26 adjacent the opposite longitudinal end thereof joins exhaust plenum 28 coaxially to inlet end portion 15.” Column 4, Lines 20-45; “Member 14 includes, radially inwardly adjacent to step 26, an integrally formed cylindrical flange 38 which projects coaxially within member 14 toward valve disk seat 36.” Column 5, Lines 5-25) in which the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) changes direction by substantially 180 degrees (gas originally flows from the patient 33 through 16 and towards 14, upon the movement of the valve as seen in Figure 2, the gas then flows from 14, about 36 as proximate the turning region 26, and reverses flow along the exterior of 16 towards 53 – thus yielding an 180 degree change in directionality of gas flow), and wherein the vent housing (12) comprises an inner path surface (24 via 16, “An inner open end 20 of body member 14 is formed by a radially inwardly projecting flange 22 to receive a complementary end portion 24 of body member 16 coaxially therein.” Column 4, Lines 20-45; “The inner end portion 24 of body member 16 is of an axially elongated cylindrical form with an outer diameter that permits a sliding fit thereof coaxially within flange 22 such that, for assembly of valve body 12, end portion 24 is interfitted coaxially within exhaust plenum 28 and is secured with respect thereto by such means as a suitable bonding agent applied in the interface between flange 22 and inner end portion 24 ” Column 4, Lines 40-55; “The opposite or inner end portion 24 of member 16 projects axially within exhaust plenum 28, as described, and terminates therein to form an annular valve disk seat 36 that is located axially intermediate the ends of exhaust plenum 28.” Column 4, Line 65 thru Column 5, Line 10; “An axially elongated, annular exhaust chamber 52 is formed by plenum 28 and the inner end portion 24 of member 16, and by disk 42, diaphragm 40 and flange 38.” Column 5, Lines 35-45) on an inner side (lumen of 24) of the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) and an outer path surface (28 of 14, “Intermediate the open ends 17 and 20, body member 14 includes a smaller diameter inlet end portion 15 and a diametrically enlarged cylindrical exhaust plenum portion 28 thereof. Flange 22 is formed adjacent the outer longitudinal end of exhaust plenum 28, and an annular step 26 adjacent the opposite longitudinal end thereof joins exhaust plenum 28 coaxially to inlet end portion 15. The inner end portion 24 of body member 16 is of an axially elongated cylindrical form with an outer diameter that permits a sliding fit thereof coaxially within flange 22 such that, for assembly of valve body 12, end portion 24 is interfitted coaxially within exhaust plenum 28 and is secured with respect thereto by such means as a suitable bonding agent applied in the interface between flange 22 and inner end portion 24.” Column 4, Lines 20-55; “To provide a stronger and more rigid valve body assembly, body member 16 may be provided with a radially outwardly and axially projecting flange portion 30 to circumferentially encompass and axially overlap flange 22 and adjacent portions of exhaust plenum 28. A suitable bonding agent would thus also be applied throughout the interfacing surface portions of flange 30 and the complementary surface portions of flange 22 and exhaust plenum portion 28 to provide a rigidly bonded, unitary structure. Of course, there are numerous alternative design configurations for the bonded interfacing portions of members 14 and 16, the structure shown in FIG. 1 being merely exemplary.” Column 4, Lines 50-70; “The opposite or inner end portion 24 of member 16 projects axially within exhaust plenum 28, as described, and terminates therein to form an annular valve disk seat 36 that is located axially intermediate the ends of exhaust plenum 28.” Column 4, Line 65 thru Column 5, Line 10; “An axially elongated, annular exhaust chamber 52 is formed by plenum 28 and the inner end portion 24 of member 16, and by disk 42, diaphragm 40 and flange 38. A plurality of radially extending through openings 53 penetrate plenum 28 to provide open communication between chamber 52 and the exterior of valve 10. ” Column 5, Lines 35-45) on an outer side (lumen of 28) of the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53); wherein there is a width (best seen Figures 1 and 5) of the flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53) at the turning region (26) and at a region (proximate 53) downstream of the turning region (26); and wherein there is an opening angle between the inner path surface (24 via 16) of the vent housing (12) at the vent outlet (via the passage of air from 52 through 53) and the outer path surface (28 of 14) of the vent housing (12) at the vent outlet (via the passage of air from 52 through 53).
Yet, McGinnis does not expressly disclose the specific width of the flow path being “at least substantially 0.85 mm”, the specific opening angle being “substantially 7 degrees or less”, the configuration of the vent structure on a patient interface having a plenum chamber and seal forming structure, nor the construction of the patient interface to “allow the patient to breath from ambient through their mouth… or leave the patient’s mouth uncovered”.
Veliss teaches a vent structure (510, “FIGS. 35-37 illustrate a mask frame 510 including two curved washout vents 520 according to an embodiment of the present invention.” Para 0066) for a respiratory therapy system (Figures 35-37), the vent structure (520) comprising: a vent housing (520, “FIGS. 35-37 illustrate a mask frame 510 including two curved washout vents 520 according to an embodiment of the present invention.” Para 0066; “As shown in FIG. 36, each vent 520 also has a width of 0.85 mm, a depth of 3 mm, an inlet radius of 1.5 mm, and a draft angle of 6 degrees.” Para 0067) defining: a flow path (defined by the passage of air from the interior of 510 through 520 to the exterior of 510) for a flow of air being vented from the respiratory therapy system (Figures 35-37); a vent inlet (defined as the region of 520 proximate the interior of 510) configured to allow the flow of air to enter the flow path (defined by the passage of air from the interior of 510 through 520 to the exterior of 510); and a vent outlet (defined as the region of 520 proximate the exterior of 510) configured to allow the flow of air to exit the flow path (defined by the passage of air from the interior of 510 through 520 to the exterior of 510) into the surrounding ambient air.
Regarding the dimensional limitations of the claims, Veliss teaches both the specific width of the flow path being “at least substantially 0.85 mm” and the specific opening angle being “substantially 7 degrees or less”. Explicitly, Veliss teaches “As shown in FIG. 36, each vent 520 also has a width of 0.85 mm, a depth of 3 mm, an inlet radius of 1.5 mm, and a draft angle of 6 degrees.” (Para 0067) are known dimensions suitable for imparting venting along a flow path (defined by the passage of air from the interior of 510 through 520 to the exterior of 510) to the ambient exterior environment.
In light of the teachings of Veliss, it would have been obvious to one having ordinary skill in the art to modify the specific width and opening angle of the vent housing of McGinnis to be within the recited dimensions as claimed into to provide dimensions suitable for venting. Hence, the specific width and opening angles 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 gas to be vented along the flow path to the ambient exterior environment. Consequently, one of ordinary skill in the art would have expected Applicant’s invention to perform equally well with the modified McGinnis, as the specific width and opening angle of the vent housing would yield the predictable results of imparting sufficient dimensions suitable for imparting venting along a flow path to the ambient exterior environment.
Regarding the features of the patient interface with plenum chamber and seal forming structure, Veliss teaches a patient interface (12, Figures 1 and 2, “The mask frame includes a rigid plastic shell 12 having an air inlet tube aperture 14 for connection to a supply conduit to communicate breathable gas from a flow generator (not shown) to the airways of the mask wearer. The mask shell 12 includes a rim 16 which supports a flexible sealing membrane (not shown) that provides a gas tight seal between the face of the patient and the interior volume 17 of the shell 12.” Para 0041), comprising a plenum chamber (17, “the interior volume 17 of the shell 12.” Para 0041) pressurizable to a therapeutic pressure (CPAP, “FIGS. 1 and 2 show a mask frame 10 for use with a system for supplying breathable gas pressurized above atmospheric pressure to an airway(s) of a human or other mammal, e.g., a CPAP or other non-invasive positive pressure delivery system.” Para 0041) of at least 6 cm of water (“a therapy (mask) pressure of 12 cm H.sub.2O.” Para 0007) above ambient air pressure, said plenum chamber (17) including a plenum chamber inlet port (14, “an air inlet tube aperture 14 for connection to a supply conduit to communicate breathable gas from a flow generator (not shown) to the airways of the mask wearer.” Para 0041) sized and structure to receive a flow of air at the therapeutic pressure (CPAP) for breathing by a patient, a seal forming structure (“a flexible sealing membrane (not shown)” via 16, “The mask shell 12 includes a rim 16 which supports a flexible sealing membrane (not shown) that provides a gas tight seal between the face of the patient and the interior volume 17 of the shell 12.” Para 0041) constructed and arranged to form a seal with a region of the patient’s face surrounding an entrance to the patient’s airways, said seal forming structure (“a flexible sealing membrane (not shown)” via 16) having a hole therein such that the flow of air at said therapeutic pressure (CPAP) is delivered to at least an entrance to the patient’s nares (“…the mask over the nose and/or mouth while the patient sleeps.” Para 0041; also see Para 0003), the seal forming structure (“a flexible sealing membrane (not shown)” via 16) constructed and arranged to maintain the therapeutic pressure (CPAP) in the plenum chamber (17) through the patient’s respiratory cycle in use; and the vent structure (510) allows a continuous flow of gases exhaled by the patient from an interior of the plenum chamber (17) to the ambient (exterior of 12), the vent structure (510) being sized and shaped to maintain the therapeutic pressure (CPAP) in the plenum chamber (17) in use.
Regarding the construction of the patient interface to “allow the patient to breath from ambient through their mouth… or leave the patient’s mouth uncovered”, Veliss clearly teaches the construction of the patient interface (12) can be configured in the alternative to cover “the nose and/or mouth”. This statement clearly indicates the concept of patient interfaces covering the nose only, the mouth only, and the nose and mouth were known in the art. Thus, the claimed configuration of the patient interface permitting “the patient to breath from ambient through their mouth… or leave the patient’s mouth uncovered” is an intrinsic consideration of the known patient interfaces achieved by a nose only patient interface suitable for imparting CPAP to a patient.
Nevertheless, should Applicant respectfully disagree, Primary Examiner presents Rudolph (5,538,000) as extrinsic evidence of the construction of a patient interface for CPAP operations whereby only the nose is covered, and thus suitable to “allow the patient to breath from ambient through their mouth… or leave the patient’s mouth uncovered” was known. Explicitly, Rudolph states “Nasal CPAP” therapy was known (Column 1, Lines 35-50), whereby the patient interface (13) covers only the nose of the patient (“The mask 13 is adapted to form an airtight seal around the nose of a wearer through sealing means such as inwardly directed flexible flap 70 as shown in FIG. 2 which extends inwardly from the periphery of the mask 13 and conforms to seal about the face 72 of a wearer. The nasal mask 13 encloses the nose of a wearer and forms an airtight chamber 71 around the wearer's nose.” Column 4, Lines 35-50) and leaving the mouth of the patient uncovered (best seen Figure 3) to “allow the patient to breath from ambient through their mouth… or leave the patient’s mouth uncovered”.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the construction of the width of the flow path, and the opening angle of the vent housing of McGinnis, a known result effective variable, as taught by Veliss, achieve sufficient dimensions suitable for imparting venting along a flow path to the ambient exterior environment, and to modify the application of the vent structure of McGinnis to be utilized in a patient interface having a plenum chamber and seal forming structure, as taught by Veliss, to washout gases from the interior of the plenum chamber to the exterior of the plenum chamber; whilst the mouth of the patient is uncovered.
Claim 44 is rejected under 35 U.S.C. 103 as being unpatentable over McGinnis (5,002,050) in view of Veliss et al. (2011/0180071), as applied to Claim 37 and further in view of Fu et al. (2008/0047561).
As to Claim 44, the modified McGinnis, specifically McGinnis discloses the vent housing (12) forming a flow path (defined by the passage of air from the lumen of 16 to the lumen of 12 to terminate at the ambient environment through 53); yet, does not expressly disclose “a plurality of partitions which form a plurality of flow paths therebetween, wherein the plurality of flow paths comprise the flow path and the other flow paths of the plurality of flow paths are similar to the flow path.”
Fu teaches a vent housing (best seen Figures 6 and 7) having a plurality of flow paths (each of 170, as best seen in Figure 7, “A vent pathway 170 allows flow between the mask cavity and atmosphere. In one form the vent pathway 170 forms part of an annulus. … In a preferred form, the baffle 160 is spaced from generally cylindrical portion 180 by four spacers 165 and vent pathway 170.” Para 0043) separated by a plurality of partitions (165, “In a preferred form, the baffle 160 is spaced from generally cylindrical portion 180 by four spacers 165 and vent pathway 170.” Para 0043) therebetween, wherein the plurality of flow path (each of 170) comprises the flow path (one of 170) and the other flow path (other of 170) of the plurality of flow paths (each of 170) are similar to the flow path.
Fu teaches the resultant effect of the construction of the vent housing (best seen Figures 6 and 7) with a plurality of flow paths (each of 170) results in “much less interference between the streams and the resultant turbulence and increase in noise is avoided.” (Para 0047).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the construction of the vent housing of the modified McGinnis to utilize a plurality of flow paths separated by a plurality of partitions as taught by Fu to enable toe venting of gases from the vent housing with reduced turbulence and noise.
Claims 41-43 are rejected under 35 U.S.C. 103 as being unpatentable over McGinnis (5,002,050) in view of Veliss et al. (2011/0180071), as applied to Claim 37 and further in view of Hollis (6,006,748).
As to Claim 41, the modified McGinnis, specifically McGinnis discloses the vent housing (12) having the inner path surface (24 via 16) has a cross sectional shape in, or resembling, the form of part of an aerofoil (via apex of 36). As best shown in Figures 1, 2, and 5, the opening of the valve (42) – Figure 2 – results in the flow of gas along the inner path surface (24 via 16) about the valve seat (36) so that the gas is allowed to flow towards the turning region (26). In this configuration, the inner path surface (24 via 16) extends beyond the valve seat (36) which has the shape of an aerofoil to direct the flow of gas about (36) to be impinged upon the turning region (26). Thus, the inner path surface (24 via 16) effectively includes an aerofoil (via apex of 36) to direct the flow of gas towards the turning region (26) prior to final disposition through the vent outlet (53) at the ambient environment.
Yet, does not expressly disclose the aerofoil of the inner path surface including a chord line having a chord length of at least 50 mm.
Hollis teaches the construction of an aerofoil (30, “In a further embodiment, the vent valve apparatus includes an aerodynamic member such as an aerofoil or wing. The member is disposed in the air supply conduit by a biased pivot mechanism and has an axis of rotation transverse to the direction of gas flow. Gas passing through the conduit causes the aerodynamic member to generate lift and to be rotatably displaced in proportion to the velocity of the gas flowing through the conduit. As the gas velocity increases the aerodynamic member produces increase lift and the resulting rotational displacement is transmitted to the vent valve which restricts the flow area of the washout vent. The vent valve is preferably biased open to a maximum washout vent flow area by a tension means such as a spring.” Column 2, Line 60 thru Column 3, Line 10; “A third embodiment of the present invention is shown in FIG. 3. Once again, like reference numerals are used to indicate like features. This third embodiment includes an aerodynamic member, in the form of wing 30, which is disposed in conduit branch 17 and adapted to pivot about an axis transverse to the direction of the gas flow along the conduit branch 17. The wing 30 is connected to a pivot mechanism, indicated generally at 31, which includes a connecting rod 33 and pilot joint 34. The connecting rod 33 and pivot joint 34 operatively connects the plug 18 to the wing 30. is used to bias the wing 30 and plug 18 to a position where the flow area of orifice 15 is maximized. As gas supply 13 is forced through the conduit 14, branch 17 and over the wing 30, the wing generates lift which opposes the spring and causes displacement of the wing to the position shown by phantom line 37, thereby drawing plug 18 into orifice 15 as shown by phantom line 32 and, thereby reducing the flow area of the gas washout orifice 15. Accordingly, the higher the pressure and flow rate of air passing through the branch 17 of the conduit 14, the more lift is produced by the wing and the more the flow area of the washout vent orifice 15 is restricted.” Column 4, Line 55 thru Column 5, Line 15) oriented within the inner path surface (17, “conduit branch 17” Column 4, Line 55 thru Column 5, Line 15) and including a chord line (33, “a connecting rod 33” Column 4, Line 55 thru Column 5, Line 15) to modulate the operation of the aerofoil (30).
Regarding the length of the chord line, although Hollis is silent to the express length of the chord line, the specific length of the chord line is a function of the degree of modulation desired to operate the aerofoil. Hence, the specific length of “at least 50 mm” would be obvious to try choosing from a finite number of identified, predicable solutions, with a reasonable expectation of success, whereby success would be defined by the ability to modulate the operation of the aerofoil to achieve the desired lift.
As Applicant has not asserted the specific chord length provides a particular advantage, solves a stated problem or serves a particular purpose, beyond the desired displacement to modulate the operation of the aerofoil, the selection of the specific length as claimed to be “at least 50 mm”, appears to lack criticality in its design.
Consequently, one of ordinary skill in the art would have expected Applicant’s invention to perform equally well with the modified McGinnis in order to achieve the desired modulation of the aerofoil.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the vent housing of McGinnis to include an aerofoil, as taught by Hollis, with the specific chord length, a known result effective variable, suitable for imparting the desired degree of modulation in the operation of the aerofoil.
As to Claim 42, the modified McGinnis, specifically Hollis teaches the application of an aerofoil with a chord line (33) within a region of the maximum thickness of the inner flow path surface (17) at a distance from an end of the chord line (“spring” best seen Figure 3) proximate the turning region about the vent outlet (15, “The connecting rod 33 and pivot joint 34 operatively connects the plug 18 to the wing 30. is used to bias the wing 30 and plug 18 to a position where the flow area of orifice 15 is maximized. As gas supply 13 is forced through the conduit 14, branch 17 and over the wing 30, the wing generates lift which opposes the spring and causes displacement of the wing to the position shown by phantom line 37, thereby drawing plug 18 into orifice 15 as shown by phantom line 32 and, thereby reducing the flow area of the gas washout orifice 15. Accordingly, the higher the pressure and flow rate of air passing through the branch 17 of the conduit 14, the more lift is produced by the wing and the more the flow area of the washout vent orifice 15 is restricted.” Column 4, Line 55 thru Column 5, Line 15).
Yet, does not expressly disclose the distance to be “at least 25% of the chord length”.
The specific length of the chord line is a function of the degree of modulation desired to operate the aerofoil. Hence, the specific length of “at least 25% of the chord length” would be obvious to try choosing from a finite number of identified, predicable solutions, with a reasonable expectation of success, whereby success would be defined by the ability to modulate the operation of the aerofoil to achieve the desired lift.
As Applicant has not asserted the specific chord length provides a particular advantage, solves a stated problem or serves a particular purpose, beyond the desired displacement to modulate the operation of the aerofoil, the selection of the specific length as claimed to be “at least 25% of the chord length”, appears to lack criticality in its design.
Consequently, one of ordinary skill in the art would have expected Applicant’s invention to perform equally well with the modified McGinnis in order to achieve the desired modulation of the aerofoil.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the vent housing of the modified McGinnis with the specific chord length percentage, a known result effective variable, suitable for imparting the desired degree of modulation in the operation of the aerofoil.
As to Claim 43, the modified McGinnis, specifically McGinnis discloses the vent outlet (53) is located downstream of the region of the maximum thickness in the inner path surface (24 via 16).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Laerdal (3,556,122), Bailey et al. (5,103,854), Hely et al. (5,896,857), Mantz (6,527,011), and Hamilton (6,634,357) each disclose additional vent structures having the ability to change the direction of flow by substantially 180 degrees to permit the venting of gas to the ambient atmosphere; yet, they do not expressly have a specific structural configuration of the turning point as a portion of the housing – rather the turning point is a function of the deflection of the valve membrane.
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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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785
Prosecution Insights