DETAILED ACTION
This office action is in response to the preliminary amendment filed 9/5/2024. As directed by the amendment, no claims have been amended, claims 1-26 have been cancelled, and claims 27-48 have been newly added. Thus, claims 27-48 are presenting pending in this application.
The present application is being examined under the pre-AIA first to invent provisions.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the connector comprising a second sensor electrically coupled to the second connection circuit as recited in claim 32 (the drawings disclose the second sensor disposed on a patient end PCB and not the connector) and the first and second sensors being digital temperature sensors, each of the digital temperature sensors having a single line for communication and power and further connected to a first sensor wire loop and a second sensor wire loop and a third diode as recited in claim 36 (the drawings disclose a digital temperature sensor in figs 9 and 13, and sensors connected to a first and second sensor wire loop and diode in fig 8, but does not disclose the combination of the digital sensor with a single wire and a first and second sensor wire loop and diode as recited in claim 36) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
Claims 30, 40, and 44 are objected to because of the following informalities:
Regarding claim 30, lines 3-4 recites, “a second wire loop”; it is suggested to amend the claim to recite --a second sensor wire loop-- to maintain claim consistency and to distinguish the limitation from the previously recited second heater wire loop.
Regarding claim 40, lines 1-2 recites, “The connector of Claim 27, being configured to mechanically and electrically connect two segments of the medical tube in a breathing circuit”; it is suggested to amend the claim to recite --The connector of Claim 27, wherein the sensor is configured to mechanically and electrically connect two segments of the medical tube in a breathing circuit-- to make the claim more grammatically correct and provide a transitional phrase between the preamble and body of the claim.
Regarding claim 44, line 1 recites, “The connector of Claim 27, comprising a micro-controller”; it is suggested to amend the claim to recite --The connector of Claim 27, further comprising a micro-controller-- to make the claim more grammatically correct.
. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 32-36 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 32, lines 1-3, recites, “the connector of Claim 30, further comprising a second sensor electrically coupled to the second connection circuit, the second sensor forming part of the second sensor wire loop.” As shown in figs 8-9 and 13, the originally filed disclosure discloses a first sensor (204a) and a second sensor (204b); however, the connector (214) does further comprise the second sensor (204b), as the second sensor (204b) is disposed on the patient end connector. Therefore, the feature of a connector comprising the first and second sensor was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor, at the time the application was filed, had possession of the claimed invention.
Regarding claim 36, lines 1-3 recites, “wherein the first and second sensors are digital temperature sensors, each of the digital temperature sensors having a single line for communication and power”. Figure 13 and paragraph [0124], discloses the first and second temperature sensors (204a, b) configured as digital temperature sensors including a single line to reduce an amount of wires used in the system. However, claim 30, from which claim 36 depends from discloses a first sensor wire loop, and second wire loop, and a third diode electrically coupled to the first sensor and the second connection circuit, the third diode being configured to allow current to flow through the first sensor wire loop in the first direction and prevent current to flow through the first sensor wire loop in the second direction. The embodiment shown in fig 13 does not show a first and second sensor wire loop, as the digital sensors only have a single line, and also does not disclose a diode used in combination with the digital sensors. Therefore, the feature of the digital sensors having a single line for communication and power used in combination with a first sensor wire loop, and second wire loop, and a third diode electrically coupled to the first sensor and the second connection circuit, the third diode being configured to allow current to flow through the first sensor wire loop in the first direction and prevent current to flow through the first sensor wire loop in the second direction was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor, at the time the application was filed, had possession of the claimed invention.
Claims 33-35 are rejected for being either directly or indirectly depending from a rejected claim base.
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.
Claim(s) 30-39, 45, and 47 is/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.
Regarding claim 30, lines 1-4 recite, “wherein the second connection circuit and the one or more first sensor wires forms a first sensor wire loop, and the second connection circuit, the one or more first sensor wires and the one or more second sensor wires forms a second wire loop”; it is unclear whether the first sensor wire loop and second wire loop are considered to be a structural limitation of the invention (i.e. whether the claim requires the first and second sensor wire loops), or whether the second connection circuit only has to capable of forming the first sensor wire loop and second wire loop. If it is considered that the first and second sensor wire loops are structural limitations of the claim, it is suggested to amend the preamble of the claim to recite a broader base (e.g. the respiratory device of Claim X, the system of Claim X, etc.), as the first and sensor wire loops are elements that are outside of the connector.
Regarding claim 31, lines 1-2 recites, “wherein the connector is electrically coupled to a power source and one or more switches are located between the power source and the connector”. It is unclear whether the power source and switches are considered to be a structural limitation of the invention (i.e. whether the claim requires a power source and switches), or whether the connector only has to capable of being electrically coupled to a power source and switches. If it is considered that the power source and switches are structural limitations of the claim, it is suggested to amend the preamble of the claim to recite a broader base (e.g. the respiratory device of Claim X, the system of Claim X, etc.), as the power source and switches are structural elements that are outside of the connector.
Regarding claim 37, lines 1-3 recites, “wherein the one or more first and/or second sensor wires are connected to one of a temperature sensor, a flow sensor, an oxygen sensor, or a humidity sensor”. As discussed above, it is unclear whether the one or more first and/or second sensor wires are considered to be a structural element of the claim, and furthermore, it is unclear whether the sensor is required to be a structural element of the connector, or whether the connector only has to be capable of connecting to one or more first and/or second sensor wires which are connected to the sensor.
Claims 45 and 47 recites the limitation "first and/or the second sensors" in line 3 of the respective claims. There is insufficient antecedent basis for this limitation in the claim, as no first or second sensors have been previously recited.
Claims 32-36 and 38-39 are rejected for being either directly or indirectly depending from a rejected claim base.
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 of this title, 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.
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.
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.
Claims 27, 29, 37, 40 and 46-48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beucchi et al (2014/0311487) in view of Schaller (DE202007018764U1).
Regarding claim 27, Beucchi discloses a connector (10) for connecting segments of a medical tube (7, 8) (first, second segments) in a breathing circuit (para [0028]), the connector (10) comprising: a first connection circuit configured to be electrically coupled to: one or more first heater wires (14, 16), the first connection circuit and the one or more first heater wires forming a first heater wire loop (14) (para [0029]) and one or more second heater wires (16), the first connection circuit, the one or more first heater wires (14) and the one or more second heater wires (16) forming a second heater wire loop (para [0030]), and a second connection circuit configured to be electrically coupled to one or more first sensor wires (15) and to one or more second sensor wires (17) (para [0030]).
Beucchi does not disclose a first diode electrically coupled to the first connection circuit, the first diode being configured to allow current to flow through the first heater wire loop in a first direction and prevent current to flow through the first heater wire loop in a second direction.
However, Schaller in fig 1 teaches a medical tube including a first tube segment (14) (first inspiratory heating path) and a second tube segment (15) (second inspiratory heating path) and a heating wire (1) forming a first heating section (3) in the first tube segment (14) and a second heating section (4) i in the second tube segment (15) (para [0046]), a connector (12) (socket) for connecting the segments (14, 15) of the tube (para [0045]), and wherein the connector (12) includes a first diode (10) (electrical connection formed by a diode) electrically coupled to the connection circuit (para [0048]), the first diode (10) being configured to allow current to flow through the first heater wire loop in a first direction and prevent current to flow through the first heater wire loop in a second direction based on an output of first and second temperature sensors (7, 8) (para [0050]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the connector of Beucchi by providing a first diode electrically coupled to the first connection circuit and first and second temperature sensors (7, 8), the first diode being configured to allow current to flow through the first heater wire loop in a first direction and prevent current to flow through the first heater wire loop in a second direction based on the temperature detected by first and second temperature sensors as taught by Schaller in order to allow to allow the first and second segments to be controlled independently of one another (Schaller, para [0016]).
Regarding claim 29, the modified Beucchi’s reference discloses the first diode (10 of Schaller) is a power diode (diode (10 of Schaller) is configured to control power delivered to the first connection circuit) (Schaller, para [0023]).
Regarding claim 37, Beucchi discloses the one or more first (15) and/or second sensor wires (17) are connected to a temperature sensor (18) (thermocouple) (para [0030]).
Regarding claim 40, Beucchi discloses the connecter (11) is configured to mechanically and electrically connect two segments (8, 7) of the medical tube in a breathing circuit (para [0028]).
Regarding claim 46, the modified Beucchi’s reference discloses the connector is controlled by a controller (9 of Schaller) (control unit) (Schaller, para [0046]), and Beucchi discloses the controller (not shown) is located at a humidification unit (4) connected to the connector (11)) (Beucchi, para [0030]).
Regarding claim 47, the modified Beucchi’s reference discloses a ratio of power delivered to the first heater wire loop (14 of Schaller) and the second heater wire loop (15 of Schaller) is continuously changed by the controller (9 of Schaller) based on feedback from the first and/or the second sensors (7, 8 of Schaller) (Schaller, paras [0049]-[0052]).
Regarding claim 48, Beucchi discloses connector (11) includes a placement limiter (connector (11) may include a placement limiter such as a screw type, rotary, plug-in type, spring type, or magnetic connecting designs to connect connector (11) (para [0037]).
Claims 30 and 32-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beucchi et al and Schaller as applied to claim 27, and further in view of Bedford et al (2012/0125333).
Regarding claim 30, modified Beucchi discloses a thermocouple (18 of Beucchi) disposed in the second connection circuit (11 of Beucchi) (Beucchi, para [0036]) and the one or more first sensor wires (15 of Beucchi) forms a first sensor wire loop (Beucchi, para [0031]), and the second connection circuit (11 of Beucchi), the one or more first sensor wires (15 of Beucchi) and the one or more second sensor (17 of Beucchi) wires forms a second wire loop (Beucchi, figs 2-3, para [0031]), the connector (11 of Beucchi) further comprising: a first sensor (18 of Beucchi) (thermocouple) electrically coupled to the second connection circuit (11 of Beucchi), the first sensor (11 of Beucchi) forming part of the first sensor wire loop (Beucchi, para [0036]).
Modified Beucchi does not disclose a third diode electrically coupled to the first sensor and the second connection circuit, the third diode being configured to allow current to flow through the first sensor wire loop in the first direction and prevent current to flow through the first sensor wire loop in the second direction.
However, Bedford in figs 19-20 teaches a respiratory system including a four-wire circuit including a first connection circuit at diode 4 configured to connect to heating wires 1 and 2, and a second connection circuit at sensor 2 and diode configured to connect to com wires 1 and 2, wherein a first left portion of com wires 1 and 2 form a first sensor wire and connected to second connection circuit to form a first sensor loop, and a right portion of com wires 1 and 2 from a second sensor wire and connected to second connection circuit to form a second wire loop, and including a third diode (Diode) electrically coupled to the first sensor (Sensor 2) and the second connection circuit, the third diode being configured to allow current to flow through the first sensor wire loop in the first direction and prevent current to flow through the first sensor wire loop in the second direction (fig 20, para [0270]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of modified Beucchi by providing a third diode electrically coupled to the first sensor and the second connection circuit, the third diode being configured to allow current to flow through the first sensor wire loop in the first direction and prevent current to flow through the first sensor wire loop in the second direction as taught by Bedford in order to allow the device to use multiple sensors (Bedford, para [0270]).
Regarding claim 32, the modified Beucchi’s references disclose a second sensor (8 of Schaller, Thermistor 1 of Bedford) (Schaller, para [0046]) electrically coupled to the second connection circuit, the second sensor (8 of Schaller, Thermistor 1 of Bedford) forming part of the second sensor wire loop (Bedford, fig 20, para [00270]).
Regarding claim 33, the modified Beucchi’s reference in fig 20 of Bedford discloses a fourth diode (Diode 1) electrically coupled to the second sensor (Thermistor 1) and the second connection circuit, the fourth diode (Diode 1) configured to allow current to flow through the second sensor wire loop in the second direction and prevent current to flow through the second sensor wire loop in the first direction (as shown in fig 20 of Bedford, Diode 1 is arranged in an opposite direction as Diode, and therefore would allow current to flow through the second sensor wire loop in the second direction and prevent current to flow through the second sensor wire loop in the first direction) (Bedford, fig 20, para [0270]).
Regarding claim 34, the modified Beucchi’s reference in fig 20 of Bedford discloses the third (Diode) and fourth diodes (Diode 1) are signal diodes (as shown in fig 20 of Bedford, Diode and Diode 1 are connected to communication wires and therefore are considered to be signal diodes to provide a signal from the third and fourth diodes to the device).
Regarding claim 35, the modified Beucchi’s reference discloses the first sensor (18 of Beucchi, 7 of Schaller) and second sensor (8 of Schaller) are thermistors or transistors configured to measure temperature (Beucchi, para [0033], Schaller, para [0046]).
Claim 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beucchi et al, Schaller, and Bedford et al as applied to claim 32, and further in view of Muller (2010/0132707).
Regarding claim 36, modified Beucchi discloses first and second temperature sensors.
Modified Beucchi does not disclose the first and second sensors are digital temperature sensors, each of the digital temperature sensors having a single line for communication and power.
However, Muller in fig 1 teaches a respiratory device including a temperature sensor (23) wherein the temperature sensor is a digital temperature sensors (para [0036]), and the digital temperature sensor (23) having a single line for communication and power (as shown in fig 1, digital temperature sensor (23) includes a single line for communication to gas temperature controller (36)) (fig 1, para [0036]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of modified Beucchi so that the first and second sensors are digital temperature sensors, each of the digital temperature sensors having a single line for communication and power as taught by Beucchi in order to provide a temperature sensor with small susceptibility to faults caused by electromagnetic interferences (Muller, para [0036]).
Claims 38-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beucchi et al, Schaller, and Bedford et al as applied to claim 30, and further in view of Bath (2011/0023874).
Regarding claim 38, modified Beucchi discloses a first sensor (18 of Beucchi).
Modified Beucchi does not disclose the first sensor is spaced away from other active and passive electrical components.
However, Bath in figs 16-17 teaches a respiratory device including a connector (330(2)) (cuff) including a sensor (45) disposed within the connector (330(2)) (para [0080]), wherein the sensor (45) is spaced away from other active and passive electrical components (as shown in figs 16-17, sensor (45) is disposed within a fixture (46) which spaces the sensor (45) away from the wall of the connector and therefore away form other active and/or passive electrical components in the wall of the conector (para [0080]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the first sensor of modified Beucchi by providing the first sensor in a fixture protruding from an inner wall of the connector to space the first sensor away from other active and passive electrical components in the connector as taught by Bath in order to provide the sensor in a fixture to optimize convective heat transfer over a range of flow rates, while minimizing noise or pressure drop (Bath, para [0080]).
Regarding claim 39, the modified Beucchi’s reference discloses in figs 16-17 of Bath the first sensor (45 of Bath) is located at a protruding feature (46 of Bath) (fixture) of the connector (330(2)) of Bath) (Bath, para [0080]).
Claims 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beucchi et al and Schaller as applied to claim 27, and further in view of McPhee (5,537,996)
Regarding claim 31, modified Beucchi discloses the connector (11 of Beucchi) is electrically coupled to a power source (Beucchi, para [0029]).
Modified Beucchi does not disclose one or more switches are located between the power source and the connector.
However, McPhee teaches a respiratory device including a heated respiratory tube including a heater wire (8) (col 2, ln 57-60) and a power source (13) (col 2, ln 65-col 3, ln 1), and including one or more switches (20) for energizing the heater wire (8) and controlled by a controller (19) (col 3, ln 11-17).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of modified Beucchi by providing one or more switches controlled by a controller and located between the power source and the connector as taught by McPhee in order to allow the controller to respond to inputs from the temperature sensors to control the heating of the heater wires in the respiratory device (McPhee, col 3, ln 11-17)
Claim 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beucchi et al and Schaller as applied to claim 40, and further in view of Klasek et al (2008/0105257) and Bath et al.
Regarding claim 41, modified Beucchi discloses a connector.
Modified Beucchi does not disclose the connector is internal to the medical tube
However, Klasek in figs 25-30 teaches a respiratory device including a connector (56) configured to connect to a tube (4) (patient conduit), wherein a portion of the connector (56) comprises an access channel (56m) which is internal to the medical tube (4) (para [0181]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Beucchi so that an access channel portion of the connector is internal to the medical tube as taught by Bath in order to allow an overmold material to bond the tube to the connector (Klasek, para [0181]).
The now-modified Beucchi’s device does not disclose the connector comprises an aerodynamic cross-section to reduce turbulence of gases flowing through the medical tube.
However, Bath in figs 16-17 teaches a respiratory device including a connector (330(2)) (cuff) including a sensor (45) disposed within a fixture (46) within the connector (330(2)) (para [0080]), wherein fixture (46) of the connector (330(2)) comprises an aerodynamic cross-section to reduce turbulence of gases flowing through the medical tube (fixture 46 is wing-shaped (e.g. air-foil shaped) (para [0080]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Beucchi by providing the first sensor a fixture protruding from an inner wall of the connector and having an aerodynamic cross-section to reduce turbulence of gases flowing through the medical tube as taught by Bath in order to optimize convective heat transfer over a range of flow rates, while minimizing noise or pressure drop (Bath, para [0080]).
Claims 42-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beucchi et al and Schaller as applied to claim 27, and further in view of Klasek et al.
Regarding claim 42, modified Beucchi discloses a connector.
Modified Beucchi does not disclose the connector including a Printed Circuit Board.
However, Klasek in figs 33-34 teaches a respiratory device including a connector (56), and wherein the connector (56) includes a printed circuit board (56c) for connecting wires (4c-e) of a patient circuit (para [0179]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of modified Beucchi by providing the connector with a Printed Circuit Board as taught by Klasek, as the use of a printed circuit board to connect wires in a patient circuit to a patient connector is known in the art, and it appears that the device of modified Beucchi would perform equally well to connect the connector to wires heater wires and sensor wires if the connector includes a printed circuit board.
Regarding claim 43, the modified Beucchi’s reference in fig 33 of Klasek the the PCB (56c of Klasek) comprises connection pads for each of the one or more first and second heater wires and the one or more first and second sensor wires (4c-e of Klasek) (as shown in fig 33 of Klasek, PCB (56 of Klasek) includes connection pads for connecting to wires (4c-e) (Klasek, fig 33, para [0179]).
Claims 44-45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beucchi et al and Schaller as applied to claim 27, and further in view of Bedford et al and Creusot et al (2019/0275281)
Regarding claim 44, modified Beucchi discloses a connector (11 of Beucchi) and a controller (9 of Schaller).
Modified Beucchi does not disclose the connector comprises a controller.
However, Bedford teaches a respiratory system including a connector, wherein the connector comprises a controller (11) (controller (11) is provided in a component that includes a passage for breathable gas) (para [0245]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of modified Beucchi so that the connector comprises the controller as taught by Bedford, as it would be an obvious rearrangement of parts, as the feature of providing the controller in a connector of a breathing circuit is known in the art, and it appears that the modified Beucchi’s device would perform equally well to heat a breathing circuit if the controller is disposed in the connector. See MPEP 2144.04(VI)(C).
The now-modified Beucchi’s device does not disclose that the controller is a microcontroller.
However, Creusot in fig 5 teaches a respiratory device including a proximal cuff, wherein the proximal cuff may include a controller (520) such as a microcontroller or microprocessor unit (para [0081]), and as shown in fig 5, the controller may comprise a microcontroller unit (MCU) (554) (para [0082]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Beucchi so that the controller comprises a microcontroller as taught by Cruesot, as the use of a microcontroller unit (MCU) provided in a connector (cuff) of a respiratory device is known in the art, and it appears that the modified Beucchi’s device would perform equally well to control the device if the controller were a microcontroller.
Regarding claim 45, the modified Beucchi’s references discloses a ratio of power delivered to the first heater wire loop (14 of Schaller) and the second heater wire loop (15 of Schaller) is continuously changed by the controller (9 of Schaller) based on feedback from the first and/or the second sensors (7, 8 of Schaller) (Schaller, paras [0049]-[0052]); and wherein the controller is a microcontroller (Cruesot, para [0081]).
Allowable Subject Matter
Claim 28 is 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 following is an examiner’s statement for reasons for allowance: The closest prior art of the record, Beucchi et al (2014/0311487) and Schaller (DE202007018764U1) disclose the limitations of claim 27. However, neither Beucchi et al, Schaller, et al, nor the other prior art of record, disclose the connector comprising a second diode electrically coupled to the first connection circuit, the second diode being configured to allow current to flow through the second heater wire loop in the second direction and prevent current to flow through the second heater wire loop in the first direction, as the prior art does not disclose the second diode, and because Schaller discloses that electrical power supplied to the second heating section (4) is negligible when current flows in the first direction (para [0050]), providing a second diode would not have been an obvious modification to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Payton (8,453,641), Herron (2013/0333701), Edirisuriya et al (2003/0236015), and Dhuper (2006/0283447) discloses heated respiratory circuits including heated wires, connecters, sensors and/or controllers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS Y SUL whose telephone number is (571)270-5260. The examiner can normally be reached Monday-Friday 9 am-5:30 pm EST.
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/DOUGLAS Y SUL/Examiner, Art Unit 3785
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