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 .
Status of Claims
This present office action is responsive to the Application filed on July 1, 2024. As directed, claims 1-20 are presently pending in this application.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Acker (US 20080127976 A1; cited as US 8028695 in IDS filed 07/01/2024).
Regarding claim 19, Acker et al. discloses, a method comprising:
receiving a pressurized gas flow at an inlet port of a muffler insert (an inlet 40 of a bidirectional flow sound dampening apparatus of Fig 3) for use in a positive airway pressure system (a system of Fig 1 having a sound dampening apparatus 32; ¶0019, “the system 10 comprises a series of pneumatic conduits and modules 26 that form a pneumatic connection between a medical gas source 14 and the patient 12…the mechanical ventilator 18 may be replaced by an alternative device for controlling the flow of medical gas. This alternative device may comprise a CPAP device connected to the source of medical gas or a manually operated ventilation bag);
attenuating noise associated with the pressurized gas flow by sending the pressurized gas flow from the inlet port (¶0009-0013, “…a device and system for attenuating the noise experienced by a patient…comprises an inlet and an outlet…diverting the flow of medical gas such that the flow of medical gas contacts the sound absorbent material)as shown in Fig 1 in view of Fig 3) to, in order:
a first chamber proximate the inlet port (a cavity of the inlet 40, Fig 3);
an intermediate chamber (cavities of a dampening chamber 46, Fig 3); and
a second chamber proximate an outlet port (a cavity of an outlet 42, Fig 3) of the muffler insert, wherein the pressurized gas flow moves through:
first apertures (a plurality of passages 54 between the inlet 40 and the dampening chamber 46 as shown in Fig 3) between the first chamber and the intermediate chamber (¶0030); and
second apertures (a second plurality of passages 58 between the outlet 42 and the dampening chamber 46 as shown in Fig 3) between the intermediate chamber and the second chamber (¶0030).
Regarding claim 20, Acker et al. discloses the method of claim 19 as discussed above.
Acker et al. further discloses, producing the pressurized gas flow via a blower coupled to the inlet port (¶0019, implies that a blower providing gas flow to the system of Fig 1 including the sound dampening device); and communicating the pressurized gas flow from the muffler insert to a user interface of the positive airway pressure system (¶0022, “the medical gas may travel through a sound dampening apparatus 32 and into the patient interface 34 that facilitates the delivery of the medical gas to the patient 12”).
Allowable Subject Matter
Claims 1-18 are allowed.
Reasons for Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: regarding the subject matter of claim 1, the closest identified prior arts are Williams Jr (US 20230017164 A1), and Acker et al. (US 20080127976 A1).
William Jr discloses, a muffler comprising: a housing defined by two halves (¶0006, 200 of Fig 4), wherein the housing defines: an inlet port (202, Fig 4) adapted to operatively couple to receive a pressurized gas flow (¶0039); an outlet port (204, Fig 4) adapted to output the pressurized gas flow (¶0039); and a tubular body (200 having a tubular body as shown in Fig 3; ¶0037) extending between the inlet port and the outlet port, and a muffler insert (212 of Fig 6 are arranged within the tubular body in an abutting relationship with an inner surface on the both sides in a closed form) positioned within the tubular body in an abutting relationship with an inner surface of the body but the prior art does not specifically suggest or teach, wherein the insert comprising: a first wall separating the first chamber from the intermediate chamber; and a second wall separating the second chamber from the intermediate chamber, wherein the first and second walls respectively define first and second pluralities of apertures adapted to direct the pressurized gas flow between adjacent chambers.
Acker et al. discloses the structure of the muffler insert as discussed above, but the prior art does not specifically suggest or discloses, the muffler comprising: a housing defined by two halves, and a muffler insert positioned within the tubular body in an abutting relationship with an inner surface of the body.
No other prior arts have been found that teaches or suggest all the claimed feature of claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chen et al. (WO 2020024914) is cited for the structure of the insert of claim 19 as shown in Figures 3-4.
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/J.J./Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785
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