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 .
Specification
The disclosure is objected to because of the following informalities:
In paragraph [0001] “This application is the national phase entry of International Application No. PCT/CN2023/105040, filed on June 30, 2023, which is based upon and claims priority to Chinese Patent Applications No. 202210761499.2, filed on June 30, 2022; No. 202221696322.0, filed on June 30, 2022; No. 202221696321.6, filed on June 30, 2022; No. 202210761502.0, filed on June 30, 2022; No. 202210761495.4, filed on June 30, 2022; No. 202221696132.9, filed on June 30, 2022; No. 202210769833.9, filed on July 1, 2022; No. 202223598765.9, filed on December 29, 2022; No. 202223598962.0, filed on December 29, 2022; No. 202211733732.2, filed on December 30, 2022; No. 202223599609.4, filed on December 30, 2022; No. 202321658850.1, filed on June 27, 2023;” Applicant is advised to remove the phrase “the entire contents of which are incorporated herein by reference.” from the specification.
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 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wheatley (US 3726299 A).
Regrading Claim 1, discloses a fire protection device, wherein the fire protection device comprises
a housing (Fig. 1-2, 12/14), a valve body (Fig. 1-2; 34), a torsion spring (Fig. 1-2; 46), and a meltable member (Fig. 1-2, 66);
a fluid passage (Fig. 1-2; through 18 and 20, 22) is provided in the housing, the fluid passage is provided with a first opening and a second opening (Fig. 1-2; 18 and 20), and the first opening (18) and the second opening (20) are used for communicating with a pipeline of an oxygen therapy instrument or a patient end, respectively (Examiner notes: This limitation is intended functionality and is given limited patentable weight (MPEP 2111.02);
the valve body is located in the fluid passage and is rotatably connected to the housing (Fig. 1-2; 34 is in the passageway); the valve body is provided with an accommodating cavity (Fig. 1-2; 40), and the fluid passage and the accommodating cavity are two spaces independent from each other (Fig. 1-2);
the torsion spring is embedded in the accommodating cavity (Fig. 1-2; 46 is in 40) so as to drive the relative rotation of the valve body and the housing (Col. 2 lines 45-59);
the meltable member is disposed on an inner wall of the fluid passage (Fig. 1-2; 66 is on the inner wall shown best in Fig. 2); when the meltable member is in a non-molten state, the meltable member supports the valve body to be in a first position, and both the first opening and the second opening are in an open state (Fig. 2 shows in first position); and
when the meltable member is in a molten state, the torsion spring drives the valve body to rotate to a second position, and at least one of the first opening and the second opening is in a closed state (Col. 3; lines 41-46).
Regarding Claim 5, Wheatley discloses the fire protection device according to claim 1, wherein the inner wall of the fluid passage (Fig. 1-2; inside of 12 and 14) is provided with at least one limiting portion (Fig. 2; stop pin 52), and the limiting portion is located on a rotational path of the valve body; and when the valve body (Fig. 1-2; 34) is in the second position (Col. 3 lines 41-46), the valve body abuts against the limiting portion (Col. 2 line 59-Col. 3 line 8).
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akiyama et al. (JP H06137447 A), hereafter as Akiyama.
Regrading Claim 1, Akiyama discloses a fire protection device, wherein the fire protection device comprises
a housing (Fig. 1-4; 10), a valve body (Fig. 1-2, 4; 50), a torsion spring (Fig. 1-2, 4; 57), and a meltable member (Fig. 1-2, 4; 70);
a fluid passage (Fig. 1-3; inside of 10, also 21) is provided in the housing, the fluid passage is provided with a first opening and a second opening (Fig. 1-2; either side of 21), and the first opening and the second opening are used for communicating with a pipeline of an oxygen therapy instrument or a patient end, respectively (Examiner notes: This limitation is intended functionality and is given limited patentable weight (MPEP 2111.02);
the valve body is located in the fluid passage and is rotatably connected to the housing (Fig. 1-2; 50 is inside the fluid passage); the valve body is provided with an accommodating cavity (Fig. 4; 51), and the fluid passage and the accommodating cavity are two spaces independent from each other (Fig. 1-2);
the torsion spring is embedded in the accommodating cavity (Fig. 1-2; 57 is inside of 51) so as to drive the relative rotation of the valve body and the housing (Pg. 1; para. 5- Pg. 2, para. 3);
the meltable member is disposed on an inner wall of the fluid passage (Fig. 5; 70 is inside of the passage); when the meltable member is in a non-molten state, the meltable member supports the valve body to be in a first position, and both the first opening and the second opening are in an open state (Fig. 5); and
when the meltable member is in a molten state, the torsion spring drives the valve body to rotate to a second position, and at least one of the first opening and the second opening is in a closed state (Fig. 6).
Regarding Claim 2, Akiyama discloses the fire protection device according to claim 1, wherein the valve body comprises a mounting portion (Fig. 4; 52), a first connecting portion (Fig. 1-3; 40 on one side) and a first sealing portion (Fig. 1-3; 20 on one side);
the mounting portion comprises an inner shaft sleeve (Fig. 4; 54) and an outer shaft sleeve(50), and the accommodating cavity (Fig. 5; 51) is located between the inner shaft sleeve and the outer shaft sleeve;
a rotating shaft (Fig. 3, 20, 24/25) is provided in the fluid passage (Fig. 1-2), and the inner shaft sleeve is sleeved on the rotating shaft and is rotatably connected to the rotating shaft (Fig. 3-4; 50 is connected to the shaft 20);
one end of the first connecting portion (40) is connected to a side wall of the outer shaft sleeve (Fig. 2; 40 is connected to the 50), and the other end of the first connecting portion is connected to the first sealing portion (Fig. 1-2, 40 is connected and in the middle of 20 and 53)
and when the valve body is in the second position (Fig. 2), the first sealing portion is engaged with the first opening, so that the first opening is in the closed state (Pg. 1; para. 5- Pg. 2, para. 3).
Regarding Claim 3, Akiyama discloses the fire protection device according to claim 2, wherein the valve body (Fig. 1-2, 4; 50) further comprises a second connecting portion (Fig. 1-2; the other side of 40) and a second sealing portion (Fig. 1-3; 20 on the other side);
one end of the second connecting portion (other side of 40) is connected to a side wall of the outer shaft sleeve (Fig. 1-2; 53 on the other side), and the other end of the second connecting portion is connected to the second sealing portion (Fig. 1-2, 40 is connected and in the middle of 20 and 53); and when the valve body is in the second position, the second sealing portion is engaged with the second opening, so that the second opening is in the closed state (Pg. 1; para. 5- Pg. 2, para. 3).
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 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Wheatly, as applied to claim 1, in view of East (GB 2417425 A).
Regarding Claim 6, Wheatley discloses the fire protection according to claim 1, wherein the housing is provided with a first pipeline joint (Fig. 1-2; 18) and a second pipeline joint (Fig. 1-2; 20); the first pipeline joint is provided with a first through-hole, and the first through-hole communicates with the first opening (Col.2 lines 6-17); the second pipeline joint is provided with a second through-hole, and the second through-hole communicates with the second opening (Fig. 1; 18 and 20 are openings part of cylindrical parts 12 and 14);
Wheatly does not disclose specifically that the first pipeline joint and the second pipeline joint are used for connecting with the pipeline of the oxygen therapy instrument or the patient end, respectively ( However, Examiner notes: This limitation is intended functionality and is given limited patentable weight (MPEP 2111.02).
However, East teaches valve body and the first pipeline joint (Fig. 2; 26) and the second pipeline joint (Fig. 2; 72) are used for connecting with the pipeline of the oxygen therapy instrument (Fig. 1; 2) or the patient end (Fig. 1; 6/8), respectively (Pg. 4 line 28- Pg. 6 line 21).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Wheatly to include the first pipeline joint and the second pipeline joint are used for connecting with the pipeline of the oxygen therapy instrument or the patient end, respectively as taught by East for the purpose of in event of fire, the stop fuses causing the safety to close immediately and hence the supply of oxygen to cease, and protecting the source of oxygen from the fire (Page 2 lines 28-31).
Regarding Claim 7, Modified Wheatly discloses the fire protection device according to claim 6, wherein an outer side wall of the first pipeline joint and/or the second pipeline joint (Fig. 2; nipples 26 and 72; East) is provided with at least one clamping portion for being clamped with the pipeline of the oxygen therapy instrument or the patient end (Pg. 4 line 28- Pg. 6 line 21; East).
Regarding Claim 8, Modified Wheatly discloses the fire protection according to claim 6, wherein the meltable member (Fig. 2; 66) has an extension passing through the first through-hole or the second through-hole (Col. 3 lines 35-57).
Claim(s) 9, 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Wheatly, as applied to claim 1, in view of East.
Regarding Claim 9, Wheatly discloses the fire protection device (Fig. 1-2; 10)
Wheatly does not disclose oxygen therapy instrument having the fire protection device according to claim 1.
However, East oxygen therapy instrument (Fig. 1; 2) that is part of a ventilation treatment system (Fig. 1-2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the valve body of Wheatly to be used by oxygen therapy instrument of East for the purpose of in event of fire, the stop fuses causing the safety to close immediately and hence the supply of oxygen to cease, and protecting the source of oxygen from the fire (Page 2 lines 28-31).
Regarding Claim 14, Modified Wheatly discloses the oxygen therapy instrument according to claim 9, wherein the inner wall of the fluid passage (Fig. 1-2; inside of 12 and 14) is provided with at least one limiting portion (Fig. 2; stop pin 52), and the limiting portion is located on a rotational path of the valve body; and when the valve body (Fig. 1-2; 34) is in the second position (Col. 3 lines 41-46), the valve body abuts against the limiting portion (Col. 2 line 59-Col. 3 line 8).
Regarding Claim 15, Modified Wheatly discloses the oxygen therapy instrument according to claim 9, wherein the housing is provided with a first pipeline joint (Fig. 1-2; 18) and a second pipeline joint (Fig. 1-2; 20); the first pipeline joint is provided with a first through-hole, and the first through-hole communicates with the first opening (Col.2 lines 6-17); the second pipeline joint is provided with a second through-hole, and the second through-hole communicates with the second opening (Fig. 1; 18 and 20 are openings part of cylindrical parts 12 and 14);
Wheatly does not disclose specifically that the first pipeline joint and the second pipeline joint are used for connecting with the pipeline of the oxygen therapy instrument or the patient end, respectively ( However, Examiner notes: This limitation is intended functionality and is given limited patentable weight (MPEP 2111.02).
However, East teaches valve body and the first pipeline joint (Fig. 2; 26) and the second pipeline joint (Fig. 2; 72) are used for connecting with the pipeline of the oxygen therapy instrument (Fig. 1; 2) or the patient end (Fig. 1; 6/8), respectively (Pg. 4 line 28- Pg. 6 line 21).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Wheatly to include the first pipeline joint and the second pipeline joint are used for connecting with the pipeline of the oxygen therapy instrument or the patient end, respectively as taught by East for the purpose of in event of fire, the stop fuses causing the safety to close immediately and hence the supply of oxygen to cease, and protecting the source of oxygen from the fire (Page 2 lines 28-31).
Regarding Claim 16, Modified Wheatly discloses the oxygen therapy instrument according to claim 15, wherein an outer side wall of the first pipeline joint and/or the second pipeline joint (Fig. 2; nipples 26 and 72; East) is provided with at least one clamping portion for being clamped with the pipeline of the oxygen therapy instrument or the patient end (Pg. 4 line 28- Pg. 6 line 21; East).
Regarding Claim 17, Modified Wheatly discloses the oxygen instrument according to claim 15, wherein the meltable member (Fig. 2; 66) has an extension passing through the first through-hole or the second through-hole (Col. 3 lines 35-57).
Claim(s) 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama, as applied to claim 1, in view of East.
Regarding Claim 9, Akiyama discloses the fire protection device (Fig. 1-2; 10)
Akiyama does not disclose oxygen therapy instrument having the fire protection device according to claim 1.
However, East oxygen therapy instrument (Fig. 1; 2) that is part of a ventilation treatment system (Fig. 1-2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the valve body of Akiyama to be used by oxygen therapy instrument of East for the purpose of in event of fire, the stop fuses causing the safety to close immediately and hence the supply of oxygen to cease, and protecting the source of oxygen from the fire (Page 2 lines 28-31).
Regarding Claim 10, Modified Akiyama discloses ventilation treatment system (Fig. 1-2; East), comprising the oxygen therapy instrument (Fig. 1; 2; East) according to claim 9.
Regarding Claim 11, Modified Akiyama discloses the oxygen therapy instrument according to claim 9,
wherein the valve body comprises a mounting portion (Fig. 4; 52), a first connecting portion (Fig. 1-3; 40 on one side) and a first sealing portion (Fig. 1-3; 20 on one side);
the mounting portion comprises an inner shaft sleeve (Fig. 4; 54) and an outer shaft sleeve(50), and the accommodating cavity (Fig. 5; 51) is located between the inner shaft sleeve and the outer shaft sleeve;
a rotating shaft (Fig. 3, 20, 24/25) is provided in the fluid passage (Fig. 1-2), and the inner shaft sleeve is sleeved on the rotating shaft and is rotatably connected to the rotating shaft (Fig. 3-4; 50 is connected to the shaft 20);
one end of the first connecting portion (40) is connected to a side wall of the outer shaft sleeve (Fig. 2; 40 is connected to the 50), and the other end of the first connecting portion is connected to the first sealing portion (Fig. 1-2, 40 is connected and in the middle of 20 and 53)
and when the valve body is in the second position (Fig. 2), the first sealing portion is engaged with the first opening, so that the first opening is in the closed state (Pg. 1; para. 5- Pg. 2, para. 3).
Regarding Claim 12, Modified Akiyama discloses the oxygen therapy instrument according to claim 11, wherein the valve body (Fig. 1-2, 4; 50) further comprises a second connecting portion (Fig. 1-2; the other side of 40) and a second sealing portion (Fig. 1-3; 20 on the other side);
one end of the second connecting portion (other side of 40) is connected to a side wall of the outer shaft sleeve (Fig. 1-2; 53 on the other side), and the other end of the second connecting portion is connected to the second sealing portion (Fig. 1-2, 40 is connected and in the middle of 20 and 53); and when the valve body is in the second position, the second sealing portion is engaged with the second opening, so that the second opening is in the closed state (Pg. 1; para. 5- Pg. 2, para. 3).
Claim Objections
Claim 4 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The subject matter of the dependent claim could either not be found or was not suggested in the prior art of record. The prior art does not disclose or render obvious the combination as claimed specifically including the valve body claim 1 or 9, wherein the first connecting portion and/or the second connecting portion are provided with a notch for passage of a fluid.
Conclusion
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MAAP A. ELLABIB
Examiner
Art Unit 3785
/M.A.E./Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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