DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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 and 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liao (CN 201570250).
Regarding claim 1, Liao discloses (Fig. 1-2) a pneumatic whistle for a breathing apparatus comprising:
a whistle body (shell 7) comprising an opening (see opening in Fig. 1);
a whistle flute (whistle valve 8) connected to the whistle body (inserted within shell 7, see Fig. 1);
a fluid ingress path (see path in Annotated Fig. 2) formed at an interface between the whistle body and the whistle flute (see Annotated Fig. 2);
a fastener (connecting nut 2) configured to secure the whistle flute to the whistle body (page 3 paragraph 2), the fastener forming a fluid ingress point on the fluid ingress path;
a sealing element (o-ring seal 19) configured to form a seal between the whistle body and the whistle flute on the fluid ingress path (see Annotated Fig. 2), so as to inhibit fluid ingress along the fluid ingress path beyond the sealing element (prevents fluid from leaking out of fluid ingress path and thus inhibits fluid ingress along the path beyond the sealing element);
wherein the sealing element is arranged downstream of the fluid ingress point along the fluid ingress path (see Annotated Fig. 2).
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Regarding claim 2, Liao discloses one of the whistle body and the whistle flute comprises a protruding portion and the other of the whistle body and the whistle flute comprises a receiving portion (whistle body have receiving portion and whistle flute has a protruding portion, see Annotated Fig. 2 of Liao below) configured to receive the protruding portion so as to form the fluid ingress path at an interface between the protruding portion and the receiving portion (see Annotated Fig. 2 below).
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Regarding claim 3, Liao discloses the sealing element is disposed proximate a distal end of the protruding portion (see positioning of seal 19 adjacent to protruding portion in Fig. 2) and seals against a seal seat on a surface of the receiving portion (seals against surface of receiving portion in contact with seal as shown in Annotated Fig. 2).
Regarding claim 4, Liao discloses the fastener is installable through a hole proximate a distal end of the receiving portion (installable through a hole of housing 1 proximate distal end of receiving portion as shown in Fig. 2) and into a fastener seat in a base of the protruding portion (installed in threads of protruding portion and thus installed in a fastener seat, page 3 paragraph 2).
Regarding claim 14, Liao discloses the whistle flute is permanently fixed to the whistle body (fixed via card groove, page 3 paragraph 2).
Regarding claim 15, Liao discloses a breathing apparatus comprising a pneumatic whistle according to claim 1 (see rejection of claim 1 above. Device connected to breathing apparatus, page 1 paragraph 1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Liao (CN 201570250) in view of Dawson (US 9,489,935).
Regarding claim 5, Liao discloses a whistle flute but does not disclose a whistle cap configured to inhibit an ingress of fluid into the whistle flute via a whistle port when the whistle cap is placed on the whistle flute.
However, Dawson teaches (Fig. 1-7) a whistle cap (cap 16) configured to inhibit an ingress of fluid into the whistle flute (barrel 14) via a whistle port (port 38) when the whistle cap is placed on the whistle flute (paragraph [0062]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the whistle of Liao to include a whistle cap configured to inhibit an ingress of fluid into the whistle flute via a whistle port when the whistle cap is placed on the whistle flute, as taught by Dawson, for the purpose of preventing unintentional whistling (paragraph [0062] Dawson).
Regarding claim 6, modified Liao discloses the whistle cap receives the whistle flute and retains the whistle flute when a protrusion on the whistle cap interfaces with a complimentary groove on the whistle flute (protrusion 56 of cap interface with complementary groove 52 of flute, see paragraph [0069] and Figs. 6-7).
Claim(s) 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Liao (CN 201570250) in view of Patel (CN 1444497).
Regarding claim 7, Liao discloses a whistle body but does not disclose the whistle body further comprises a non-return valve assembly configured to: allow a pressurised fluid flow from a whistle fluid entry path to the whistle flute via a whistle fluid exit path; and inhibit a backflow of fluid towards the whistle fluid entry path from the whistle fluid exit path.
However, Patel teaches (Fig. 7-8) a whistle body (whistle body 55) that further comprises a non-return valve assembly (comprising valve seat 57, piston 56, spring 60) configured to: allow a pressurised fluid flow from a whistle fluid entry path (open end 54) to the whistle flute (flute 59) via a whistle fluid exit path; and inhibit a backflow of fluid towards the whistle fluid entry path from the whistle fluid exit path (via spring 60 and seat 57).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the whistle body of Liao to include a non-return valve assembly configured to: allow a pressurised fluid flow from a whistle fluid entry path to the whistle flute via a whistle fluid exit path; and inhibit a backflow of fluid towards the whistle fluid entry path from the whistle fluid exit path, as taught by Patel, for the purpose of preventing backflow and to ensure whistle goes off only when sufficient pressure is reached.
Regarding claim 8, modified Liao discloses wherein the non-return valve assembly comprises: a valve biasing element (spring 60 Patel) and a valve seal (piston 56 Patel), wherein the valve biasing element provides a biasing force to the valve seal so as to move the valve seal into the whistle fluid exit path (page 5 paragraph 2 Pate), thereby inhibiting the backflow of fluid towards the whistle fluid entry path (page 5 paragraph 2).
Regarding claim 9, modified Liao discloses wherein the biasing of the valve biasing element is overcome by a pressure of the whistle fluid flow in the whistle fluid entry path acting against the valve seal so as to move the valve seal out of the whistle fluid exit path (page 5 paragraph 2 Patel), thereby permitting the pressurised fluid flow from the whistle fluid entry path to the whistle flute (page 5 paragraph 2 Patel).
Claim(s) 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Liao (CN 201570250) in view of Patel (CN 1444497), and further in view of Itano (US 20090260839).
Regarding claim 10, modified Liao discloses a biasing element but does not disclose the biasing element is provided on a valve frame, the valve frame being operatively connected to the whistle body.
However, Itano teaches (Figs. 1-5) a valve comprising a biasing element (spring member 120) is provided on a valve frame (closing member 118), the valve frame being operatively connected to a body (connected to housing portion 116b).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of modified Liao such the biasing element is provided on a valve frame, the valve frame being operatively connected to the whistle body, as taught by Itano, for the purpose of allowing for the bias of the spring to be adjustable to better suit a given user’s respiratory profile.
Regarding claim 11, modified Liao discloses wherein the valve frame is received by the whistle body into a threaded opening in the whistle body (valve frame 118 fitting into threaded opening of housing shown in Fig. 5 and paragraph [0098] Itano).
Regarding claim 12, modified Liao disclose wherein the valve frame comprises an adjustment portion (valve adjusting member 119, paragraph [0098] Itano), whereby rotation of the adjustment portion causes the biasing force applied by the biasing element on the valve seal to be adjusted (paragraph [0098] Itano).
Regarding claim 13, modified Liao discloses wherein a valve frame seal (seal of piston 56 of Patel shown in Fig. 7 Patel) is provided to inhibit a secondary ingress flow along a secondary ingress flow path at an interface between the whistle body and the valve frame (provides sealing function so that path around piston, the secondary flow path, is inhibited).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Cossins (US 6,273,130) discloses a whistle having an adjustable valve.
Takahashi (US 4,938,211) discloses a whistle have two flow paths that are adjustably controllable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MOON whose telephone number is (571)272-2554. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MOON/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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