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 .
Information Disclosure Statement
The information disclosure statement filed 08-22-2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
(there are no English copies of the German language foreign references or the German language NPL listed on the IDS)
Claim Objections
Claims 2-11 are objected to because of the following informalities, and should be:
“[[A]] The monitoring system according to claim…”
Claims 13-15 are objected to because of the following informalities, and should be:
“[[A]] The process according to claim 12…”
Claims 17-20 are objected to because of the following informalities, and should be:
“[[A]] The system according to claim…”
Claim 9 is objected to because of the following informalities, and should be:
“…the control and evaluation unit and/or the control modules coordinate the activation and/or deactivation of a switching device…”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1 and 11-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Opperman et al. (U.S. Patent 10,786,693).
Regarding claims 1, 12, and 16, Opperman discloses (Figs. 1-8 and 17-20) a monitoring system for monitoring a composition of a breathing gas mixture of a breathing gas supply (col. 9, lines 41-50) of an aircraft pilot in aircraft or flying devices (col. 9, lines 31-32), the system comprising:
a sensor system comprising one or more gas sensors 1005/1015/1020/1035/1045/1055 (including the various sensors shown in Fig. 18: cols. 75 and 76);
a gas collection device 1010 (i.e. plenum, which serves as a reserve tank: col. 75, lines 64-66);
a gas quantity control module 900 (as shown in Fig. 17; col. 74, lines 46-52);
a gas transportation module (i.e. the structure of the gas supply and monitoring system: see Figs. 1-8) configured to supply defined quantities of breathing gas mixture from a measuring location (at sensors 1005: see Fig. 18), via a gas sample line (as shown in Fig. 18), to the monitoring system (i.e. the sensors and connected controller) and to the sensor system (as shown in Fig. 18) and to the gas quantity control module 90 (via the sensors); and
a control and evaluation unit 900 operatively connected to the sensor system (as shown in Fig. 17), the gas transportation module (col. 76, lines 32-35) and the gas quantity control module (col. 14, lines 50-54; col. 76, lines 18-26),
wherein the control and evaluation unit 900 is configured to control the sensor system (as shown in Fig. 17), control the gas transportation module (col. 14, lines 50-54; col. 76, lines 18-26) and control the gas quantity control module (col. 14, lines 50-54; col. 76, lines 18-26),
wherein the sensor system and the control and evaluation unit 900 are configured to metrologically detect gases or gas mixtures (CO2 sensor: col. 24, line 43; O2: col. 25, line 41),
wherein the control unit 900 is configured to control a sequence of metrological monitoring of a gas composition of the breathing gas mixture in the aircraft or flying devices (as shown in Fig. 8; cols.69-70) and to organize, control, manage or regulate the sequence (as shown in Fig. 8; cols.69-70),
wherein the gas quantity control module is configured to supply defined quantities of breathing gas mixture from the monitoring system (i.e. from the sensors 1005) to the gas collection device 1010 (as shown in Fig. 18), and
wherein the collection device 1010 is configured to collect and store quantities of the breathing gas mixture (col. 75, lines 64-66).
The apparatus of Opperman, as applied above in the rejection of claim 1, would perform the method and meet the limitations of claim 12, and further discloses the steps of:
coordinating an operation of the monitoring system and the gas collection device with a coordination sequence (as shown in Fig. 8; cols. 69-70) comprising:
starting the coordination of the operation of the monitoring system and gas collection device (col. 69, lines 8-10);
activating the gas transportation module and activating the gas quantity control module for a supply of defined quantities of breathing gas mixture from the monitoring system to the gas collection device col. 69, lines 23-36; and incorporating the plenum of Fig. 18: col. 75, lines col. 75, lines 64-66);
deactivating the gas transportation module and/or deactivating the gas quantity control module to terminate the supply of quantities of breathing gas mixture to the gas collection device (either by check valve: col. 62, lines 51-59; or by switching between first and second bends: Fig. 20; col. 79);
terminating the coordination of the operation of the monitoring system and the gas collection device (for the current breath: Fig. 8; cols. 69-70).
Regarding claims 11 and 15, Opperman discloses (Figs. 1-8 and 17-20) an output unit configured to enable an output signal to be provided which indicates an operating state of the gas collection device (i.e. the oxygen level in the plenum 1010: col. 76, lines 9-13).
Regarding claim 13, Opperman discloses (Figs. 1-8 and 17-20) the start of the sequence of steps is initiated in dependence on a provided status signal which indicates events or situations of flight operation (i.e. based on the prediction of G-LOC: col. 47, lines 26-45).
Regarding claim 14, Opperman discloses (Figs. 1-8 and 17-20) the step of distributing and/or dividing quantities of breathing gas mixture into different gas collection containers (by switching between first and second beds: Fig. 20; col. 79).
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, 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.
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 2-10 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Opperman et al. (U.S. Patent 10,786,693).
Regarding claims 2 and 17, Opperman is applied as above, but does not disclose the control and evaluation unit is configured as a plurality of control modules, wherein at least one control module is configured as a component of the monitoring system and wherein at least one further control module is configured as a component of the gas collection device.
However, such a modification would be merely a duplication of parts (duplicating the control unit 900 to be multiple control units in control of different components of the system), which is obvious – see MPEP 2144.04(VI)(B).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Opperman’s system so that the control and evaluation unit is configured as a plurality of control modules, wherein at least one control module is configured as a component of the monitoring system and wherein at least one further control module is configured as a component of the gas collection device.
Regarding claim 3, Opperman discloses (Figs. 1-8 and 17-20) the monitoring system and/or the gas collection device comprises at least one interface 920 (col. 75, lines 16-20).
Regarding claims 4 and 18, Opperman discloses (Figs. 1-8 and 17-20) components of the monitoring system and the gas collection device are connected to one another by means of the at least one interface 920 (as shown in Fig. 17) and the control and evaluation unit 900 and/or the control modules are configured to carry out coordination of an operation of the gas collection device (col. 75, lines 2-20) and the monitoring system by means of the interfaces 920 (col. 75, lines 16-20).
Regarding claim 5, Opperman discloses (Figs. 1-8 and 17-20) the control and evaluation unit 900 and/or the control modules are configured to receive a status signal (col. 72, lines 57-67) at the at least one interface 920 and to take the status signal into account when carrying out the coordination (col. 72, lines 57-67; col. 75, lines 16-20).
Regarding claims 6 and 19, Opperman discloses (Figs. 1-8 and 17-20) the control and evaluation unit 900 and/or the control modules are configured, when carrying out the coordination to perform at least one action from the following group of actions:
activate a switching device (as shown in Fig. 20) or a changeover device for starting the supply of quantities of breathing gas mixture to the gas collection device (by switching between first and second beds: Fig. 20; col. 79);
deactivate a switching device (as shown in Fig. 20) or a changeover device for terminating the supply of quantities of breathing gas mixture to the gas collection device (by switching between first and second beds: Fig. 20; col. 79);
activate the gas transportation module (as shown in Fig. 8; cols. 69-70);
activate the gas quantity control module and/or further components of the gas collection device for supplying and collection quantities of breathing gases in the gas collection device (as shown in Fig. 8; cols. 69-70).
Regarding claim 7, Opperman discloses (Figs. 1-8 and 17-20) the gas collection device comprises at least one collection container 1010 (as shown in Fig. 18; col. 75, lines 64-66).
Regarding claims 8 and 20, Opperman discloses (Figs. 1-8 and 17-20) the gas collection device comprises: the further control module (see above);
collection containers 1210/1230 (col. 79, lines 13-17); and
a switching device 1205/1240 (col. 79, lines 7-14) for distributing the gas quantities to the collection containers 1210/1230 (col. 79, lines 7-17).
Regarding claim 9, Opperman discloses (Figs. 1-8 and 17-20) the control and evaluation unit 900 and/or the control modules coordinate the activation and/or deactivation of a switching device 1205/1240 (col. 79, lines 7-14) as a function of measured values determined with the monitoring system and/or states of the breathing gas supply identified with the monitoring system (based on target gas adsorption rates: col. 79, lines 19-29).
Regarding claim 10, Opperman discloses (Figs. 1-8 and 17-20) an additional sensor system (oxygen sensor: col. 79, lines 42-55) configured to determine events and/or situations of flight operation (i.e. the operation of the chambers 1210/1230, which is part of the aircraft: col. 79, lines 3-7), wherein the control and evaluation unit 900 or one of the control modules coordinate the activation and/or deactivation of the switching device as a function of the determined events and/or situations of the flight operation (i.e. switching is based on the oxygen concentration: col. 79, lines 57-64).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Gerder et al. (U.S. Pub. 2021/0405008) discloses a monitoring system with a gas collection device 60 that is configured to collect and store quantities of the breathing gas mixture (i.e. a quantity of gas is available in storage 60: see par. [0110]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin Schmitt, whose telephone number is (571) 270-7930. The examiner can normally be reached M-F | 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter Lindsay can be reached at (571) 272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN R SCHMITT/Primary Examiner, Art Unit 2852
