Prosecution Insights
Last updated: October 25, 2026
Application No. 18/751,655

AIR WARMER

Non-Final OA §112
Filed
Jun 24, 2024
Priority
Apr 21, 2016 — provisional 62/325,502 +1 more
Examiner
PEKARSKAYA, LILYA
Art Unit
3746
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Smiths Medical
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
231 granted / 341 resolved
-2.3% vs TC avg
Strong +42% interview lift
Without
With
+41.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
19 currently pending
Career history
368
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
51.7%
+11.7% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
30.2%
-9.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 341 resolved cases

Office Action

§112
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. 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 2. Applicant's election with traverse of Species C (Figure 9C, claims 1-17) in the reply filed on 01/24/2026 is acknowledged. The traversal is on the ground(s) that “the Figs. 9A-9C housings are merely exemplar housings for enclosing the inventive air convective warmer, and therefore are not part of and do not have anything to do with the functioning or operation of the inventive air convective warmer” (see Applicant’s Response at page 1, last paragraph & page 2, first paragraph). More specifically, Applicant states that ‘claim 1 does include the word "housing" in the following limitation: "the inlet noise reduction structure including a housing having a wide section having a first diameter and a narrow section having a second diameter that is smaller than the first diameter and/or claim 11 includes the word "housing" in the following limitations: "the inlet muffler including a housing having a wide section having a first diameter and a narrow section having a second diameter that is smaller than the first diameter" and "attaching an outlet muffler including a housing having at least a large section and a small section relative to the plenum to the frame in position to receive air output from the plenum” (see Applicant’s Response at page 2),. Applicant arguments have been fully considered and are persuasive. The Requirement for Election/Restriction of 12/31/2025 has been withdrawn upon further consideration. Claim Objections 3. Claims 1-17 are objected to because of the following informalities: In claim 1, lines 21-22: “wherein when the motor is activated, the impeller is rotated to draw air into the plenum from the inlet through passage” should be changed to -- wherein, when the motor is activated, the impeller is rotated to draw air into the plenum from the inlet through passage-- (for consistency). In claim 5, line 1: “The method of claim 1, further comprising;” should be changed to --The method of claim 1, further comprising:-- (for consistency). In claim 5, line 1: “The method of claim 1, further comprising;” should be changed to --The method of claim 1, further comprising:-- (for consistency). In claim 10, line 1: “The method of claim 1, further comprising;” should be changed to --The method of claim 1, further comprising:-- (for consistency). In claim 11, line 1: “wherein sound resulting at least from air turbulence due to movement of the air in the plenum during operation of the motor assembly is reduced by the inlet and outlet mufflers.” should be changed to -- wherein a sound resulting at least from an air turbulence due to a movement of the air in the plenum during operation of the motor assembly is reduced by the inlet and outlet mufflers. Further, claims 2-4, 6-9 and 12-17 are objected for their dependency from claims 1 and 11, respectfully. Claim Rejections - 35 USC § 112 4. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Claim 1 recites the limitation " the movement of air " in line 24. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, it will be interpreted as “a movement of air”. Claim 11 is vague and indefinite because it sets forth that “fitting a noise absorbent material to at least one of the large and small sections to surround a portion of the outlet through passage”. Specifically, it is unclear if this noise absorbent material is an additional noise absorbent material or the same noise absorbent material, as recited in line 12, or something else. For examination purposes, it will be interpreted as an additional “noise absorbent material”. Further, claims 2-6 and 12-17 are rejected for their dependency from claims 1 and 11, respectively. Allowable Subject Matter 5. Claims 1-17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Regarding claim 1, The prior art of record does not teach or fairly suggest a method of making an air blower adapted for use to inflate a convective blanket, comprising steps of: mounting a motor assembly, which is including a motor, a plenum having an inlet and an outlet and an impeller movably positioned in the plenum, onto one side of the base of the frame, wherein the inlet of the plenum having an aperture opening in alignment with the opening of the base of the frame; mounting an inlet noise reduction structure or inlet muffler to other side of the base such that an outlet of the inlet noise reduction structure or inlet muffler is in alignment with the opening of the base and the aperture opening at the inlet of the plenum, the inlet noise reduction structure or inlet muffler including a housing having a wide section having a first diameter and a narrow section having a second diameter that is smaller than the first diameter; extending one tubular wall longitudinally through the wide section and the narrow section to further form an inlet through passage internally along the inlet noise reduction structure or along the inlet muffler; positioning the one wide section adjacent to the plenum so that an outlet of the inlet through passage is in fluid communication with the inlet of the plenum to further establish a fluid communication path between the inlet through passage and the plenum; fitting a noise absorbent material to at least one of the wide and narrow sections to surround a portion of the inlet through passage; wherein, when the motor is activated, the impeller is rotated to draw air into the plenum from the inlet through passage and to output air through the outlet of the plenum; and wherein a portion of noise resulting from the movement of air in the plenum is reduced by the inlet noise reduction structure, and would be further attaching an outlet noise reduction structure including a housing having at least a large section and a small section to the frame; extending another longitudinal tubular wall internally through the large section and the small section to form an outlet through passage having an inlet and an outlet internally along the outlet noise reduction structure; positioning the outlet noise reduction structure relative to the plenum to establish another fluid communication path between an inlet of the outlet through passage and the outlet of the plenum; fitting a noise absorbent material to at least one of the large and small sections to surround a portion of the outlet through passage. Regarding claim 11, The prior art of record does not teach or fairly suggest a method of making an air blower adapted for use to inflate a convective blanket, comprising steps of: mounting a motor assembly, which is including a motor, a plenum having an inlet and an outlet and an impeller movably positioned in the plenum, onto one side of the base of the frame, wherein the inlet of the plenum having an aperture opening in alignment with the opening of the base of the frame; mounting an inlet muffler to other side of the base such that an outlet of the inlet muffler is in alignment with the opening of the base and the aperture opening at the inlet of the plenum, the inlet muffler including a housing having a wide section having a first diameter and a narrow section having a second diameter that is smaller than the first diameter; extending one tubular wall longitudinally through the wide section and the narrow section to further form an inlet through passage internally along the inlet noise reduction structure or along the inlet muffler; positioning the one wide section adjacent to the plenum so that an outlet of the inlet through passage is in fluid communication with the inlet of the plenum to further establish a fluid communication path between the inlet through passage and the plenum; fitting a noise absorbent material to at least one of the wide and narrow sections to surround a portion of the inlet through passage; attaching an outlet muffler including a housing having at least a large section and a small section relative to the plenum to the frame in position to receive air output from the plenum, the large section having a diameter greater than a diameter of the small section, another inner tubular wall extending longitudinally through the large section and the small section to form an outlet through passage internally along the outlet muffler; fitting a noise absorbent material to at least one of the large and small sections to surround a portion of the outlet through passage; wherein sound resulting at least from air turbulence due to movement of the air in the plenum during operation of the motor assembly is reduced by the inlet and outlet mufflers. Particularly, the instant invention is drawn to a method of making an air blower having an inlet muffler and outlet muffler to reduce the noise of the blower during operation, wherein one section of each muffler being configured to attenuate high frequency noise, and the other section is configured to attenuate lower frequency noise. Furthermore, there is no reasonable modification that can be made to Francis’ (Patent No.: 4,905,789) and/or Hikosaka (Patent No.: JP2001-193979) and/or Arnold (Patent No.: US 6,254,337 B1) air blower structure that would not destroy its intended position. Several other searches have also not yielded any prior art references or combination of references that would fully anticipate or render obvious all the claimed limitations of the instant independent claim(s). Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LILYA PEKARSKAYA whose telephone number is (571)272-1158. The examiner can normally be reached on Monday to Friday, 9:00-5:00 EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached on 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHARLES G FREAY/ Primary Examiner, Art Unit 3746 /L. P./ Examiner, Art Unit 3746
Read full office action

Prosecution Timeline

Jun 24, 2024
Application Filed
Oct 01, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12768325
Fuel Pump for a Direct Injection System
3y 7m to grant Granted Oct 20, 2026
Patent 12723662
Through-Hardened Valve Seat for Hydraulic Fracturing
1y 9m to grant Granted Sep 01, 2026
Patent 12687172
BUILT-IN ELECTRIC AIR PUMP
3y 11m to grant Granted Jul 21, 2026
Patent 12669114
ENERGY-EFFICIENT ELECTROMAGNETIC MICROPUMP SYSTEM
3y 0m to grant Granted Jun 30, 2026
Patent 12612905
MULTIPLE DIAPHRAGM PUMP
2y 3m to grant Granted Apr 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+41.5%)
3y 6m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 341 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month