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 Objections
Claim 232, 239, and 241-243 are objected to because of the following informalities:
Claim 232, ln 1, insert “,” after “231”.
Claim 239, ln 3, “a gases inlet conduit” should be “the gases inlet conduit” as this element is previously recited in claim 231.
Claim 241, ln 2, “a sensor cavity” should be “the sensor cavity” as this element is previously recited in claim 231.
Claim 242, ln 2, “a sensor cavity” should be “the sensor cavity” as this element is previously recited in claim 231.
Claim 243, ln 2, “a gases inlet conduit” should be “the gases inlet conduit” as this element is previously recited in claim 231.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 240 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 240 recites the limitation “the sensor is wireless and/or wired” which is indefinite as the sensor cannot be wireless and wired. Examiner suggests amending to “the sensor is wireless or wired”.
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.
Claim(s) 219-226 and 230 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tatkov (US 20160158476 A1) and Jaffe et al. (US 20140094669 A1).
Regarding claim 219, Tatkov discloses a nasal interface cannula (nasal interfaces; figure 2) comprising:
a first prong and a second prong configured to provide an asymmetrical flow of gases at a patient's nares ([0118] an asymmetrical cannula interface can involve making an interface in which the nasal delivery elements are of different length, internal or external diameter, or a combination of these (FIG. 2); figure 2, 4a-5f, 9a-9i, and 22. Examiner is arbitrarily assigning the “first prong” as the leftmost nasal delivery element and the “second prong” as the rightmost nasal delivery element in the figures; however, either of the nasal delivery elements could be considered the first prong or second prong); but does not disclose a sensor configured to measure at least one patient parameter.
However, Jaffe discloses a nasal interface cannula (figure 41-45) comprising a sensor configured to measure at least one patient parameter ([0231] The interface 440 of the present embodiment may be an oral and nasal carbon dioxide sampling cannula or appliance, with optional oxygen delivery, that also includes a physiological function sensor 442 that is connected with the body portion 12, as shown in FIG. 41. In an embodiment, sensor 442 is a photoplethysmographic sensor. [0232] sensor 442 includes an emitter 444 and a detector 446. Emitter 444 of the sensor 442 is configured to engage an outside surface of an alar sidewall of the nose, and detector 446 of sensor 442 is configured to engage an inside surface of the alar sidewall of the nose so that the alar sidewall is located in between emitter 444 and detector 446; figure 41-43. [0239-0243] sensor 472; figure 44-45).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the nasal interface of Tatkov to implement the photoplethysmographic sensor system attached to a body portion of the nasal interface and connected to a processor, as taught by Jaffe in order to determine a user’s oxygen saturation and respiratory rate (see [0236] and [0243]).
Regarding claim 220, modified Tatkov teaches the nasal interface cannula of claim 219, Tatkov discloses wherein a difference between the first prong and the second prong is such as to cause the asymmetrical flow of gases at a patient's nares ([0116] An asymmetrical interface or asymmetrical nasal delivery elements, as described herein, refers to a interface where the nasal delivery elements differ in length (including the substantial or complete absence of a nasal delivery element), internal or external diameter, angle or form, or any combination of these. The system allows an asymmetrical flow to be delivered through the interface to both nares or to either flare. Asymmetrical flow as described herein refers to a flow that differs within the interface or within the nose. In this way, a different flow may be delivered by each nasal delivery element, or the flow may differ between inspiration and expiration, or the delivered flow may be a combination of the above. An asymmetrical flow may also include partial unidirectional flow; figure 2, 4a-5f, 9a-9i, and 22).
Regarding claim 221, modified Tatkov teaches the nasal interface cannula of claim 219, Tatkov discloses wherein the first prong has a first shape and the second prong has a second shape (see figure 4b, 4c, 4f, 4g, 4j, 4l, 5e, 9b, 9e, 9f, 9g, 9h, and 9i).
Regarding claim 222, modified Tatkov teaches the nasal interface cannula of claim 219, Tatkov discloses wherein the first prong has a smaller inner cross-sectional area in a direction transverse to gases flow through the first prong than a corresponding inner cross-sectional area of the second prong in a direction transverse to gases flow through the second prong ([0136] one nasal delivery element 200 having a greater internal cross-sectional area 205 on a plane perpendicular to the airflow direction D than the cress-sectional area 305 of other nasal delivery element 300; figure 9a-9c. Leftmost “first prong” has a smaller cross-sectional area than rightmost “second prong”).
Regarding claim 223, modified Tatkov teaches the nasal interface cannula of claim 219, Tatkov discloses wherein the first prong and the second prong are configured such that at least about 60% of a total volumetric flow rate of gases flow dispensed by the nasal interface cannula is delivered out of the second prong ([0070] In various embodiments the gas may be delivered to one nare of the subject at a first flow rate of about 5 L/min to about 60 L/min and to the other nare of the subject at a second flow rate that may be about 20% to about 80% of the first flow rate, preferably about 50%. [0136] one nasal delivery element 200 having a greater internal cross-sectional area 205 on a plane perpendicular to the airflow direction D than the cress-sectional area 305 of other nasal delivery element 300; figure 9a-9c. Leftmost “first prong” has a smaller cross-sectional area than rightmost “second prong”. Examiner notes if 60 L/min is delivered to the “second prong” and 50% of the flow rate is delivered to the other nare via the “first prong”, 30 L/min would be delivered. Thus, 66.6% of the total flow would be delivered to the “second prong” and 33.3% of the total flow would be delivered to the “first prong”).
Regarding claim 224, modified Tatkov teaches the nasal interface cannula of claim 219, Tatkov discloses wherein a first prong cross-sectional area is smaller than a second prong cross-sectional area ([0136] one nasal delivery element 200 having a greater internal cross-sectional area 205 on a plane perpendicular to the airflow direction D than the cress-sectional area 305 of other nasal delivery element 300; figure 9a-9c. Leftmost “first prong” has a smaller cross-sectional area than rightmost “second prong”), wherein the first prong cross-sectional area and the second prong cross-sectional area are taken at corresponding locations on the first prong and second prong (see figure 9a-9c, internal cross-sectional area at 205 and 305).
Regarding claim 225, modified Tatkov teaches the nasal interface cannula of claim 224, Tatkov discloses wherein the first prong cross-sectional area and the second prong cross-sectional area is taken at respective proximal openings of the first prong and the second prong (see figure 9a-9c, internal cross-sectional area at 205 and 305, which are the same as cross-sectional area at proximal openings of elements 200 and 300).
Regarding claim 226, modified Tatkov teaches the nasal interface cannula of claim 219, Jaffe teaches wherein the at least one patient parameter measured by the sensor comprises at least one of oxygen saturation, respiratory rate , or blood oxygenation of a patient ([0236] from the signal may be used to create a PPG signal and/or determine oxygen saturation (i.e., oxygenation of the blood) in the blood-perfused tissue from which the signal was created and/or determine the respiratory rate of the patient. Also see [0243]).
Regarding claim 230, modified Tatkov teaches the nasal interface cannula of claim 219, further comprising a flow source for providing a flow of gas ([0123] Each nasal delivery element may supply different flow rates to the patient, and may connect to different flow generating elements; figure 6a-6c).
Claim(s) 227-229 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tatkov (US 20160158476 A1) and Jaffe et al. (US 20140094669 A1) as applied to claim 219 above, and further in view of Burton (US 20040163648 A1).
Regarding claim 227, modified Tatkov teaches the nasal interface cannula of claim 219, but is silent as to wherein the sensor is positioned within a sensor cavity.
However, Burton teaches a patient interface (figure 1-7) wherein a sensor is positioned within a sensor cavity ([0029] mask 10 including the perimeter surface 12 which contacts the patient's face. The perimeter surface 12 has a plurality of zones 20. Each zone 20 having a sensor 25 in a recess 29 for measuring a parameter of the patient to be monitored or other data such as gas leakage. [0032] The perimeter surface preferably has recesses 29 on the surface for the insertion of sensors 25 so that the sensors can make contact with the patient's skin when the mask is pressed against the patient's face; figure 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify the device of Tatkov to implement the sensor positioned within a recess, as taught by Burton in order to effectively secure the sensors while allowing the sensors to make contact with the user’s skin during use (see [0032]).
Regarding claim 228, modified Tatkov teaches the nasal interface cannula of claim 227, Jaffe teaches wherein the sensor comprises a transducer ([0232] sensor 442 includes an emitter 444 and a detector 446. [0235] detector 460 may be configured to detect the amount of light that transmits through the septum. [0236] A signal may be provided from each detector 446, 454, 460 and communicated to a central processor that is configured to process the signal into meaningful data for the clinician to monitor; figure 41-43), and/or a light source ([0233] emitter 444 includes a light source 448, which may be a red or infrared LED or light emitting diode. In another embodiment, emitter 444 also includes second light source 450, which may be an infrared or red LED; figure 41-43), Burton teaches wherein the sensor cavity is configured to orient the sensor such that the transducer and/or light source faces towards a patient ([0029] Each zone 20 having a sensor 25 in a recess 29 for measuring a parameter of the patient to be monitored or other data such as gas leakage. [0032] The perimeter surface preferably has recesses 29 on the surface for the insertion of sensors 25 so that the sensors can make contact with the patient's skin when the mask is pressed against the patient's face. Examiner notes the sensor recess is oriented to allow the sensor to make contact with the user’s face and Jaffe teaches the emitter and detector of the sensor system are positioned to face toward the user).
Regarding claim 229, modified Tatkov teaches the nasal interface cannula of claim 228, Jaffe teaches wherein the transducer comprises at least one of a light transducer ([0235] Similar to the emitters discussed above, emitter 458 may include at least one light source 462, and detector 460 may be configured to detect the amount of light that transmits through the septum), an infrared transducer ([0233] emitter 444 includes a light source 448, which may be a red or infrared LED or light emitting diode…Detector 446 is configured to detect the wavelength(s) of light being emitted by emitter 444 after the light has been transmitted through the tissue in between emitter 444 and detector 446. Examiner notes if the emitter is an infrared LED, the detector is an infrared transducer because the detector detects the wavelength of infrared light and converts it to a signal to be sent to the central processor as disclosed in [0236]), or a red-light transducer ([0233] emitter 444 includes a light source 448, which may be a red or infrared LED or light emitting diode…Detector 446 is configured to detect the wavelength(s) of light being emitted by emitter 444 after the light has been transmitted through the tissue in between emitter 444 and detector 446. Examiner notes if the emitter is a red LED, the detector is a red light transducer because the detector detects the wavelength of red light and converts it to a signal to be sent to the central processor as disclosed in [0236]).
Claim(s) 231-242 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tatkov (US 20160158476 A1), Jaffe et al. (US 20140094669 A1), and Burton (US 20040163648 A1).
Regarding claim 231, Tatkov discloses a patient respiratory interface (figure 24A-24B) comprising:
a nasal cannula configured to provide an asymmetrical flow of gases at a patient's nares ([0116] An asymmetrical interface or asymmetrical nasal delivery elements, as described herein, refers to a interface where the nasal delivery elements differ in length (including the substantial or complete absence of a nasal delivery element), internal or external diameter, angle or form, or any combination of these. The system allows an asymmetrical flow to be delivered through the interface to both nares or to either flare. Asymmetrical flow as described herein refers to a flow that differs within the interface or within the nose. In this way, a different flow may be delivered by each nasal delivery element, or the flow may differ between inspiration and expiration, or the delivered flow may be a combination of the above. An asymmetrical flow may also include partial unidirectional flow; figure 2, 4a-5f, 9a-9i, and 22);
a gases inlet conduit configured to provide a flow of breathable gases to a patient through the nasal cannula ([0164] The gases flow manifold part 120 is generally tubular in shape having a substantially annular inlet 122 at one end, and that curves around into an elongate oval outlet 123 at the opposing end. The inlet 122 is preferably removably attachable to a conduit (not shown); figure 20-21 and 24A-24B).
Tatkov does not disclose a sensor cavity; a sensor positioned within the sensor cavity, the sensor configured to measure at least one patient parameter, wherein the at least one patient parameter measured by the sensor comprises at least one of heart rate, oxygen saturation, partial pressure of oxygen in blood, respiratory rate, partial pressure of CO2 in blood, or blood oxygenation of the patient; and wherein the sensor comprises a transducer and/or a light source.
However, Jaffe discloses a nasal interface cannula (figure 41-43) comprising a sensor configured to measure at least one patient parameter ([0231] The interface 440 of the present embodiment may be an oral and nasal carbon dioxide sampling cannula or appliance, with optional oxygen delivery, that also includes a physiological function sensor 442 that is connected with the body portion 12, as shown in FIG. 41. In an embodiment, sensor 442 is a photoplethysmographic sensor. [0232] sensor 442 includes an emitter 444 and a detector 446. Emitter 444 of the sensor 442 is configured to engage an outside surface of an alar sidewall of the nose, and detector 446 of sensor 442 is configured to engage an inside surface of the alar sidewall of the nose so that the alar sidewall is located in between emitter 444 and detector 446. It is also contemplated that the emitter may engage an inside surface of the alar sidewall and the detector may engage an outside surface of the alar sidewall. In an embodiment, emitter 444 and detector 446 are respectively formed on opposite legs 443 and 445, respectively, of a U-shaped resilient structure forming a part of the body of sensor 442, so that when legs 443, 445 of the U-shaped configuration are separated to receive the alar sidewall, the resiliency of sensor 442 allows it to clip or clamp the alar sidewall between legs 443, 445. Such clamping may improve the signal that is generated by the sensor because outside effects may be reduced; figure 41-43); wherein the at least one patient parameter measured by the sensor comprises at least one of oxygen saturation, respiratory rate , or blood oxygenation of a patient ([0236] from the signal may be used to create a PPG signal and/or determine oxygen saturation (i.e., oxygenation of the blood) in the blood-perfused tissue from which the signal was created and/or determine the respiratory rate of the patient); and wherein the sensor comprises a transducer ([0232] sensor 442 includes an emitter 444 and a detector 446. [0235] detector 460 may be configured to detect the amount of light that transmits through the septum. [0236] A signal may be provided from each detector 446, 454, 460 and communicated to a central processor that is configured to process the signal into meaningful data for the clinician to monitor; figure 41-43) and/or a light source ([0233] emitter 444 includes a light source 448, which may be a red or infrared LED or light emitting diode. In another embodiment, emitter 444 also includes second light source 450, which may be an infrared or red LED; figure 41-43)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the nasal interface of Tatkov to implement the photoplethysmographic sensor system attached to a body portion of the nasal interface and connected to a processor, as taught by Jaffe in order to determine a user’s oxygen saturation and respiratory rate (see [0236] and [0243]).
Additionally, Burton teaches a patient interface (figure 1-7) wherein a sensor is positioned within a sensor cavity ([0029] mask 10 including the perimeter surface 12 which contacts the patient's face. The perimeter surface 12 has a plurality of zones 20. Each zone 20 having a sensor 25 in a recess 29 for measuring a parameter of the patient to be monitored or other data such as gas leakage. [0032] The perimeter surface preferably has recesses 29 on the surface for the insertion of sensors 25 so that the sensors can make contact with the patient's skin when the mask is pressed against the patient's face; figure 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify the device of Tatkov to implement the emitters and detectors of the sensor to be positioned within a recess, as taught by Burton in order to effectively secure the sensors while allowing the sensors to make contact with the user’s skin during use (see [0032]).
Regarding claim 232, modified Tatkov teaches the patient respiratory interface of claim 231 Tatkov teaches wherein the nasal cannula comprising a first prong and a second prong (see figure 2, 4a-5f, 9a-9i, and 22. Examiner is arbitrarily assigning the “first prong” as the leftmost nasal delivery element and the “second prong” as the rightmost nasal delivery element in the figures; however, either of the nasal delivery elements could be considered the first prong or second prong), wherein a difference between the first prong and the second prong is such as to cause the asymmetrical flow of gases at a patient's nares ([0116] An asymmetrical interface or asymmetrical nasal delivery elements, as described herein, refers to a interface where the nasal delivery elements differ in length (including the substantial or complete absence of a nasal delivery element), internal or external diameter, angle or form, or any combination of these. The system allows an asymmetrical flow to be delivered through the interface to both nares or to either flare. Asymmetrical flow as described herein refers to a flow that differs within the interface or within the nose. In this way, a different flow may be delivered by each nasal delivery element, or the flow may differ between inspiration and expiration, or the delivered flow may be a combination of the above. An asymmetrical flow may also include partial unidirectional flow; figure 2, 4a-5f, 9a-9i, and 22).
Regarding claim 233, modified Tatkov teaches the patient respiratory interface of claim 232, Tatkov teaches wherein the first prong has a first shape and the second prong has a second shape (see figure 4b, 4c, 4f, 4g, 4j, 4l, 5e, 9b, 9e, 9f, 9g, 9h, and 9i).
Regarding claim 234, modified Tatkov teaches the patient respiratory interface of claim 233, Tatkov teaches wherein the first prong has a smaller inner cross-sectional area in a direction transverse to gases flow through the first prong than a corresponding inner cross-sectional area of the second prong in a direction transverse to gases flow through the second prong ([0136] one nasal delivery element 200 having a greater internal cross-sectional area 205 on a plane perpendicular to the airflow direction D than the cress-sectional area 305 of other nasal delivery element 300; figure 9a-9c. Leftmost “first prong” has a smaller cross-sectional area than rightmost “second prong”).
Regarding claim 235, modified Tatkov teaches the patient respiratory interface of claim 233, Tatkov teaches wherein the first prong and the second prong are configured such that at least about 60% of a total volumetric flow rate of gases flow dispensed by the nasal cannula is delivered out of the second prong ([0070] In various embodiments the gas may be delivered to one nare of the subject at a first flow rate of about 5 L/min to about 60 L/min and to the other nare of the subject at a second flow rate that may be about 20% to about 80% of the first flow rate, preferably about 50%. [0136] one nasal delivery element 200 having a greater internal cross-sectional area 205 on a plane perpendicular to the airflow direction D than the cress-sectional area 305 of other nasal delivery element 300; figure 9a-9c. Leftmost “first prong” has a smaller cross-sectional area than rightmost “second prong”. Examiner notes if 60 L/min is delivered to the “second prong” and 50% of the flow rate is delivered to the other nare via the “first prong”, 30 L/min would be delivered. Thus, 66.6% of the total flow would be delivered to the “second prong” and 33.3% of the total flow would be delivered to the “first prong”).
Regarding claim 236, modified Tatkov teaches the patient respiratory interface of claim 233, Tatkov teaches wherein a first prong cross-sectional area is smaller than a second prong cross-sectional area ([0136] one nasal delivery element 200 having a greater internal cross-sectional area 205 on a plane perpendicular to the airflow direction D than the cress-sectional area 305 of other nasal delivery element 300; figure 9a-9c. Leftmost “first prong” has a smaller cross-sectional area than rightmost “second prong”), wherein the first prong cross-sectional area and the second prong cross-sectional area are taken at corresponding locations on the first prong and second prong (see figure 9a-9c, internal cross-sectional area at 205 and 305).
Regarding claim 237, modified Tatkov teaches the patient respiratory interface of claim 236, Tatkov teaches wherein the first prong cross-sectional area and the second prong cross-sectional area is taken at respective proximal openings of the first prong and the second prong (see figure 9a-9c, internal cross-sectional area at 205 and 305, which are the same as cross-sectional area at proximal openings of elements 200 and 300).
Regarding claim 238, modified Tatkov teaches the patient respiratory interface of claim 232, Burton teaches wherein the sensor cavity is configured to orient the sensor such that the transducer and/or light source faces towards the patient ([0029] Each zone 20 having a sensor 25 in a recess 29 for measuring a parameter of the patient to be monitored or other data such as gas leakage. [0032] The perimeter surface preferably has recesses 29 on the surface for the insertion of sensors 25 so that the sensors can make contact with the patient's skin when the mask is pressed against the patient's face. Examiner notes the sensor recess is oriented to allow the sensor to make contact with the user’s face and Jaffe teaches the emitter and detector of the sensor system are positioned to face toward the user).
Regarding claim 239, modified Tatkov teaches the patient respiratory interface of claim 231, Tatkov teaches further comprising a head securement assembly for placing and maintaining the patient respiratory interface in a correct operational position ([0177] an adjustable strap 200 the adjustment mechanism is provided in the form of one or more insertable/removable strap segments or strap extensions 220; figure 24A-24B) and a gases inlet conduit forming a fluid or gases connection between an outlet end of an inspiratory conduit and the nasal cannula to allow fluids or gases to flow between the inspiratory conduit and the patient respiratory interface ([0164] The gases flow manifold part 120 is generally tubular in shape having a substantially annular inlet 122 at one end, and that curves around into an elongate oval outlet 123 at the opposing end. The inlet 122 is preferably removably attachable to a conduit (not shown); figure 20-21 and 24A-24B. See inspiratory conduit labeled “300” in figure 24A-24B).
Regarding claim 240, modified Tatkov teaches the patient respiratory interface of claim 231, Jaffe teaches wherein the sensor is wireless and/or wired ([0237] Sensor 442 may include a wireless transmitter that sends the signal wirelessly to the central processor. In another embodiment, the sensor may be hardwired, with wiring being harnessed with or integrally formed with the tubing forming the fluid paths).
Regarding claim 241, modified Tatkov teaches the patient respiratory interface of claim 231, Jaffe teaches further comprising an accessory ([0232] emitter 444 and detector 446 are respectively formed on opposite legs 443 and 445, respectively, of a U-shaped resilient structure forming a part of the body of sensor 442) comprising a sensor cavity configured to retain the sensor (as per the modification above, the emitters and detectors of the sensor are to be positioned within a recess) and at least one securement feature, the at least one securement feature configured to connect the accessory to the patient respiratory interface (Jaffe: lower portion of legs of U-shaped resilient structure for connecting to body portion 12 of nasal interface; figure 41-43. See Examiner Annotations 1 below).
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Examiner Annotations 1
Regarding claim 242, modified Tatkov teaches the patient respiratory interface of claim 231, Jaffe teaches further comprising: a component ([0232] emitter 444 and detector 446 are respectively formed on opposite legs 443 and 445, respectively, of a U-shaped resilient structure forming a part of the body of sensor 442) comprising a sensor cavity configured to retain the sensor (as per the modification above, the emitters and detectors of the sensor are to be positioned within a recess); and
a main body connection feature, the main body connection feature configured to connect to a main body of the patient respiratory interface (lower portion of legs of U-shaped resilient structure for connecting to body portion 12 of nasal interface; figure 41-43. See Examiner Annotations 2 below), the main body connection feature being located at a first end of the component (lower end of U-shaped resilient structure; see Examiner Annotations 2 below), and Tatkov teaches the patient respiratory interface further comprising a strap ([0177] an adjustable strap 200 the adjustment mechanism is provided in the form of one or more insertable/removable strap segments or strap extensions 220; figure 24A-24B).
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Examiner Annotations 2
Modified Tatkov is silent as to a wire cavity configured to provide a pathway for one or more wires to the sensor cavity.
However, Jaffe teaches ([0237] Sensor 442 may include a wireless transmitter that sends the signal wirelessly to the central processor. In another embodiment, the sensor may be hardwired, with wiring being harnessed with or integrally formed with the tubing forming the fluid paths).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify the device of Tatkov to implement a wire cavity, for housing the sensor wiring, integrally formed with the tubing forming the fluid paths and connected to the sensor in the sensor cavity, as an alternative to the wireless sensors as taught by Jaffe [0237].
Allowable Subject Matter
Claim 243 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 a statement of reasons for the indication of allowable subject matter: the prior art of record, fail to teach the structure of the sensor system as claimed in claim 243. The closest prior art of record, Jaffe, fails to disclose a sensor system that is formed on a clip of the gas conduit that then attaches to a recess in the side strap/arm of the cannula interface so that the sensor is oriented towards the user’s face during use.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mashal et al. (US 20170065784 A1) teaches a sensor on a mask strap.
Haveri et al. (US 20190175064 A1) teaches a nasal sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mautin I Ashimiu whose telephone number is (571)272-0760. The examiner can normally be reached Monday - Friday, 7:30 a.m. - 4:30 p.m. ET.
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/M.I.A./Examiner, Art Unit 3785
/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785
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