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
Claims 1, 2, 3, and 6 are objected to because of the following informalities:
The phrase “the user inhales the third mixed gas inside the pressure vessel” should be changed to –the third mixed gas is configured to be delivered to the user inside the pressure vessel for inhalation—to make it clear that the claim is not encompassing the user or human organism (Claim 1, Line 22).
The phrase “the user inhales the third mixed gas by attaching the inhaler to their nose or mouth” should be changed to –the inhaler is configured to attach to the user’s nose or mouth for inhalation of the third mixed gas—to make it clear that the claim is not encompassing the user or human organism (Claim 2, Line 6).
The phrase “changes” should be changed to –the changes—for consistency (Claim 3, Line 7).
The phrase “changes” should be changed to –the changes—for consistency (Claim 6, Line 6).
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.
Claims 2, 6, and 7 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 states “compressed air” (Line 5). This statement is indefinite because it is unclear if the compressed air is the same as the compressed first mixed gas, the second mixed gas, or the third mixed gas mentioned in Claim 1. It appears the applicant was trying to say they’re different. However, since the mixed gas does have air and is compressed, it is possible that the mixed gas can be interpreted as the same as the compressed air. Therefore, the number of compressed airs involved cannot be determined. For examination purposes, the claim limitation will be interpreted as the compressed air is distinct from the mixed gases and is being supplied separately by the second compressor.
Claims 6 and 7 are rejected for being dependent on rejected Claim 2.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Wen et al. (English Machine Translation of CN 107802441 A provided by Espacenet) in view of Nakajima (English Machine Translation of WO 2014024984 A1 provided by Espacenet), Callaghan et al. (US 2013/0087146 A1), and Shin et al. (English Machine Translation of KR 20200017760 A provided by Espacenet).
Regarding Claim 1, Wen discloses a helium-oxygen mixed gas inhalation device (apparatus of Fig 1) for improving health condition of a user (a medical oxygen chamber with a simple structure, possessing the therapeutic and simulation functions of a hyperbaric oxygen chamber and a negative pressure oxygen chamber, paragraph 0007), comprising: a helium supply unit (2, Fig 1; helium storage tank 2, paragraph 0030); an oxygen supply unit (1, Fig 1; oxygen storage tank 1, paragraph 0030); a mixer (9, Fig 1; 9 for mixing oxygen and helium, paragraph 0031) connected to the helium supply unit, and the oxygen supply unit (9 shown to be connected to 2 and 1, Fig 1); a flow controller (13, Fig 1; gas supply valve 13, paragraph 0032; speed and amount of mixed gas entering the chamber can be adjusted by controlling opening size of gas supply valve, internal pressure of chamber can also be controlled, paragraph 0033) connected to the mixer (13 is connected to 9 via 10, Fig 1); and a pressure vessel (31, Fig 1; positive and negative pressure chamber includes a horizontally arranged tank 31, paragraph 0027) connected to the flow controller (13 connected to 31 via 12, Fig 1; speed and amount of mixed gas entering the chamber can be adjusted by controlling opening size of gas supply valve, internal pressure of chamber can also be controlled, paragraph 0033), wherein the helium supply unit supplies helium gas to the mixer (2 supplies gas to 9, Fig 1), the oxygen supply unit supplies oxygen gas to the mixer (1 supplies gas to 9, Fig 1), the mixer supplies a first mixed gas (output ends of the oxygen output pipe 3 and the helium output pipe 6 are connected to a gas mixing tank 9 for mixing oxygen and helium, paragraph 0031), which is a mixture of the helium gas supplied from the helium supply unit and the oxygen gas supplied from the oxygen supply unit (output ends of the oxygen output pipe 3 and the helium output pipe 6 are connected to a gas mixing tank 9 for mixing oxygen and helium, paragraph 0031), to the flow controller (9 shown to connect to 13 via 10 and 11, Fig 1), the flow controller supplies a third mixed gas to the pressure vessel (speed and amount of mixed gas entering the chamber can be adjusted by controlling opening size of gas supply valve, internal pressure of chamber can also be controlled, paragraph 0033), and the user inhales the third mixed gas inside the pressure vessel (the mixed gas enters the oxygen mask in the positive and negative pressure chamber from the storage tank 11 or is directly discharged into the chamber of the positive and negative pressure chamber to treat the patient in the positive and negative pressure chamber, paragraph 0033).
Wen fails to disclose a hydrogen supply unit, an air supply unit, a mixer connected to the hydrogen supply unit, the oxygen supply unit, and the air supply unit; a first compressor connected to the mixer; hydrogen supply unit supplies hydrogen gas to the mixer; the air supply unit supplies flow-regulated air to the mixer; the mixer supplies a first mixed gas to the first compressor, the first compressor supplies a second mixed gas, which is the compressed first mixed gas supplied from the mixer, to the flow controller; the pressure vessel maintains an internal pressure higher than 1 atmosphere.
However, Nakajima, of the same field of endeavor, teaches a medical hydrogen mixed gas supply device (Page 1) including a hydrogen supply unit (11, 11 has valve 3a, Fig 8; hydrogen cylinder, Page 50), an air supply unit (19, 19 has valve 3i, Fig 8, air line, Page 50), a mixer (2g, Fig 8; mixed gas merges at pipe junction 2g, better to install a static mixer downstream of 2g to further homogenize mixes gas, Pages 51-52) connected to the hydrogen supply unit, the oxygen supply unit (12, 12 has valve 3b, Fig 8, oxygen cylinder, Page 50), and the air supply unit (11, 12, and 19 shown to be indirectly connected to 2g, Fig 8); hydrogen supply unit supplies hydrogen gas to the mixer (11 shown to supply gas to 2g via 14 and 2d, Fig 8); the air supply unit supplies flow-regulated air to the mixer (19 shown to supply gas to 2g via 18 and 2h, Fig 8; air line 19 is equipped with a pressure reducing valve 31i, a filter 32i, and an automatic valve 3i, Page 50; the control device 7 can appropriately adjust the concentration, pressure, and flow rate of each component in the mixed gas supplied to the ventilator 18, Page 46) to utilize hydrogen gas as an additional beneficial gas that can selectively neutralize highly reactive free radical species for the prevention of health problems (Pages 2-3) and to administer a mixed gas with optimal concentrations for patients or users who do not have spontaneous breathing or who need breathing assistance (Page 49).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a hydrogen supply unit with a valve and an air supply unit with a valve to be connected to the mixing tank, as taught by Nakajima, to utilize hydrogen gas as an additional beneficial gas that can selectively neutralize highly reactive free radical species for the prevention of health problems (Nakajima: Pages 2-3) and to administer a mixed gas with optimal concentrations for patients or users who do not have spontaneous breathing or who need breathing assistance (Nakajima: Page 49). The addition of hydrogen gas and air to the existing mixing tank would provide a wider variety of gas mixes that can be provided to the user or patient for therapeutic purposes. As taught by Nakajima, hydrogen gas is shown to have therapeutic properties also that improve the health of the user. This improvement would follow the same motivation and purpose of Wen in which Wen wants to achieve more ideal therapeutic effects (Wen: paragraph 0004). Additionally, the use of air in the mixing tank allows better optimization over the concentrations of mixing gas delivered to the user. Since users would have varying requirements of gas concentrations, including those who have difficulty breathing, having air in the mix would provide further accommodation for these users. Furthermore, Nakajima delivers the mixed gas through a mask 15 (Nakajima: Page 15) which is how the mixed gas in Wen is similarly delivered in the pressure chamber (Wen: paragraph 0033).
Wen-Nakajima combination fails to teach a first compressor connected to the mixer; a first mixed gas to the first compressor, the first compressor supplies a second mixed gas, which is the compressed first mixed gas supplied from the mixer, to the flow controller; the pressure vessel maintains an internal pressure higher than 1 atmosphere.
However, Callaghan, of the same field of endeavor, teaches a ventilator (Abstract) including a first compressor (26, Fig 2; compressor 26 may be any device capable of drawing ambient air or other gas into the system 10 and compressing the gas to one or more desired pressures for delivery to the source line 22, paragraph 0040) connected to the mixer (29, Fig 2; oxygen control valve 29 may control a ratio or mixture of the gases from the external sources communicating with the inlets 29 a, 29 b that is delivered to the compressor 26, paragraph 0043); a first mixed gas to the first compressor (29 feeds into 26, Fig 2), the first compressor supplies a second mixed gas, which is the compressed first mixed gas supplied from the mixer, to the flow controller (26 feeds into 46, Fig 2; solenoid valve assembly 46 may control the gas flow from the gas source 20 and source line 22 to the patient vessel 42 and from the patient vessel 42 to the inhalation line 24, paragraph 0050) since the compressor is a known way to draw in mixed gas and compress the gas into a desired pressure for delivery (paragraph 0040).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a compressor between the mixing tank and mixing gas supply valve, as taught by Callaghan, since the compressor is a known way to draw in mixed gas and compress the gas into a desired pressure for delivery (Callaghan: paragraph 0040). The addition of a compressor would be a known way to channel the mixed gas through the system and provide the mixed gas at a desired pressure. This would assist in the flow of gas so that it is provided more efficiently.
Wen-Nakajima-Callaghan combination teaches the device possesses the therapeutic functions of a hyperbaric oxygen chamber (paragraph 0007). Wen-Nakajima-Callaghan combination fails to explicitly teach the pressure vessel maintains an internal pressure higher than 1 atmosphere.
However, Shin, of the same field of endeavor, teaches an oxygen chamber providing hyperbaric therapy (paragraph 0050) including the pressure vessel maintains an internal pressure higher than 1 atmosphere (chamber controlled to less than 3 atmospheres, chamber controlled to exceed 3 atmospheres, paragraph 0040; various pressures listed are greater than 1 atm, paragraph 0132) since these are expected and known pressures found in hyperbaric chambers (paragraph 0040).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the pressure vessel be capable of maintaining an internal pressure higher than 1 atmosphere, as taught by Shin, since these are expected and known pressures found in hyperbaric chambers (Shin: paragraph 0040). These pressures involved in a hyperbaric chamber are known to provide the desired therapeutic effects on a patient.
Regarding Claim 3, Wen-Nakajima-Callaghan-Shin combination teaches the claimed invention of Claim 1. Wen-Nakajima-Callaghan-Shin combination also teaches the mixing ratio of helium and oxygen in the mixed gas can be known through the gas sampling device, and the mixing ratio of helium and oxygen can be adjusted by adjusting the opening size of the oxygen control valve 5 and the speed and amount of mixed gas entering the chamber can be adjusted by controlling opening size of gas supply valve, internal pressure of chamber can also be controlled (Wen: paragraph 0033). The current Wen-Nakajima-Callaghan-Shin combination fails to teach a pressure sensor installed in the pressure vessel, wherein the pressure sensor detects changes in the internal pressure of the pressure vessel and transmits the information to the flow controller, and the flow controller automatically adjusts the pressure at which the third mixed gas is discharged in response to changes in the internal pressure of the pressure vessel to maintain a constant flow rate of the third mixed gas.
However, Shin further teaches a pressure sensor (121, Fig 2) installed in the pressure vessel (121 inside of 100, Fig 2), wherein the pressure sensor detects changes in the internal pressure of the pressure vessel (pressure sensor (121) can sense the pressure of the space inside the chamber (100) in real time, paragraph 0061) and transmits the information to the flow controller (control unit (300) can control the compressor (220) so that the pressure in the internal space of the chamber (100) changes according to the pressure value detected by the pressure sensor (121), paragraph 0105; the compressor (220), and the air mixing valve (213) can be controlled by the control unit (300), paragraph 0078; compressor (220) can control the pressure in the internal space of the chamber, paragraph 0086; a compressor (220) can compress the mixed air supplied through the air mixing valve (213) of the oxygen supply unit (210) and supply the compressed air to the chamber (100), paragraph 0087; compressor and mixing valve work together and receive controls from control unit), and the flow controller automatically adjusts the pressure at which the third mixed gas is discharged in response to changes in the internal pressure of the pressure vessel to maintain a constant flow rate of the third mixed gas (control unit (300) can control the compressor (220) so that the pressure in the internal space of the chamber (100) changes according to the pressure value detected by the pressure sensor (121), paragraph 0105; the compressor (220), and the air mixing valve (213) can be controlled by the control unit (300), paragraph 0078; compressor (220) can control the pressure in the internal space of the chamber, paragraph 0086; a compressor (220) can compress the mixed air supplied through the air mixing valve (213) of the oxygen supply unit (210) and supply the compressed air to the chamber (100), paragraph 0087; compressor and mixing valve work together to adjust the pressure) to monitor the pressure in real time directly inside of the chamber (paragraph 0061).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a pressure sensor inside of the pressure chamber, as taught by Shin, to monitor the pressure in real time directly inside of the chamber (Shin: paragraph 0061). The addition of a pressure sensor inside of the pressure chamber would allow the device to more accurately determine the internal pressure of the pressure chamber. This allows the device to better control the compressor and valve to produce the desired pressure and speed of mixed gas for the pressure chamber. Since Wen already teaches that the valve can be controlled to adjust the internal pressure of the chamber, having a pressure sensor would merely further support this form of control.
Regarding Claim 4, Wen-Nakajima-Callaghan-Shin combination teaches the claimed invention of Claim 3. The current Wen-Nakajima-Callaghan-Shin combination fails to explicitly teach the pressure vessel is formed by connecting two or more pressure vessel units.
However, Wen further teaches the pressure vessel is formed by connecting two pressure vessel units (32 and 33 connected to each other and divided by 34, Fig 4; the tank 31 is provided with a partition 34 that divides the inner cavity of the tank 31 into a sealed left chamber 32 and a right chamber 33, paragraph 0027; both the left chamber 32 and the right chamber 33 of the present invention can be used as hyperbaric oxygen chambers, paragraph 0033; present invention can simultaneously maintain the left chamber 32 under high pressure and the right chamber 33 under negative pressure, thereby providing medical treatment for two different patients, paragraph 0033) to provide medical treatment for two different patients and allow further control over pressure in two different chambers (paragraph 0033).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a partition to split the pressure chamber into two chamber units, as taught by Wen, to provide medical treatment for two different patients and allow further control over pressure in two different chambers (Wen: paragraph 0033). By dividing the chamber into two units, the device can provide different pressures for different patients in each unit.
Claims 2, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Wen et al. (English Machine Translation of CN 107802441 A provided by Espacenet),Nakajima (English Machine Translation of WO 2014024984 A1 provided by Espacenet), Callaghan et al. (US 2013/0087146 A1), and Shin et al. (English Machine Translation of KR 20200017760 A provided by Espacenet) as applied to Claim 1, and in further view of O’Brien et al. (US 2008/0210234 A1).
Regarding Claim 2, Wen-Nakajima-Callaghan-Shin combination teaches the claimed invention of Claim 1. Wen-Nakajima-Callaghan-Shin combination also teaches an inhaler connected to the flow controller, and the user inhales the third mixed gas by attaching the inhaler to their nose or mouth (Wen: the mixed gas enters the oxygen mask in the positive and negative pressure chamber from the storage tank 11, paragraph 0033; a certain proportion of helium and oxygen is mixed and introduced into the hyperbaric oxygen chamber for the patient to inhale, helium-oxygen mixtures can effectively carry oxygen and diffuse it in the patient's airway, paragraph 0004; an oxygen mask is obviously taught to carry the mixed gas for the patient in the pressure chamber to inhale into the patient’s airway and the patient would obviously inhale the mixed gas either by their nose or mouth; an oxygen mask is well-known in the art to cover the patient’s face). It is noted that Applicant has not further claimed any further structural details of the inhaler.
Wen-Nakajima-Callaghan-Shin combination fails to teach a second compressor connected to the pressure vessel; wherein the second compressor supplies compressed air into the pressure vessel.
However, O’Brien, of the same field of endeavor, teaches a variable pressure chamber for operation at hypobaric or hyperbaric pressure (Abstract) including a second compressor (18a, Fig 1; screw compressor, paragraph 0031) connected to the pressure vessel (18a shown to connect to 12, Fig 1); wherein the second compressor supplies compressed air into the pressure vessel (a screw compressor may supply a constant high volume of air that maintains its flow curve against any restriction until it reaches its design high pressure limit, supplying the chamber's ambient air at a constant flow rate and restricting its exhaust capacity flowing through the chamber by use of a high-speed modulating valve, paragraph 0031) to provide an extremely controllable and sustainable rate of pressurization (paragraph 0031) and to pressurize and use the air for the chamber in one continuous action instead of having multiple stages of conditioning equipment and eliminate patient discomfort (paragraph 0030).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a second compressor that supplies compressed outside air into the pressure chamber, as taught by O’Brien, to provide an extremely controllable and sustainable rate of pressurization (O’Brien: paragraph 0031) and to pressurize and use the air for the chamber in one continuous action instead of having multiple stages of conditioning equipment and eliminate patient discomfort (O’Brien: paragraph 0030). The addition of the second compressor would allow for the pressure chamber to draw air from the outside to assist with the pressurization of the pressure chamber. This ensures the pressure chamber does not fully rely on wasting pressurized tanks to get the chamber to a particular pressure level and avoids the use of additional conditioning equipment to get the pressure chamber to that pressure level. Additionally, the pressure chamber would be capable of utilizing this additional compressor to pressurize the chamber at a faster, more efficient rate since the compressor would be connected directly between the outside air and the chamber.
Regarding Claim 6, Wen-Nakajima-Callaghan-Shin-O’Brien combination teaches the claimed invention of Claim 2. Wen-Nakajima-Callaghan-Shin-O’Brien combination also teaches the mixing ratio of helium and oxygen in the mixed gas can be known through the gas sampling device, and the mixing ratio of helium and oxygen can be adjusted by adjusting the opening size of the oxygen control valve 5 and the speed and amount of mixed gas entering the chamber can be adjusted by controlling opening size of gas supply valve, internal pressure of chamber can also be controlled (Wen: paragraph 0033). The current Wen-Nakajima-Callaghan-Shin-O’Brien combination fails to teach a pressure sensor installed in the pressure vessel, wherein the pressure sensor detects changes in the internal pressure of the pressure vessel and transmits the information to the flow controller, and the flow controller automatically adjusts the pressure at which the third mixed gas is discharged in response to changes in the internal pressure of the pressure vessel to maintain a constant flow rate of the third mixed gas.
However, Shin further teaches a pressure sensor (121, Fig 2) installed in the pressure vessel (121 inside of 100, Fig 2), wherein the pressure sensor detects changes in the internal pressure of the pressure vessel (pressure sensor (121) can sense the pressure of the space inside the chamber (100) in real time, paragraph 0061) and transmits the information to the flow controller (control unit (300) can control the compressor (220) so that the pressure in the internal space of the chamber (100) changes according to the pressure value detected by the pressure sensor (121), paragraph 0105; the compressor (220), and the air mixing valve (213) can be controlled by the control unit (300), paragraph 0078; compressor (220) can control the pressure in the internal space of the chamber, paragraph 0086; a compressor (220) can compress the mixed air supplied through the air mixing valve (213) of the oxygen supply unit (210) and supply the compressed air to the chamber (100), paragraph 0087; compressor and mixing valve work together and receive controls from control unit), and the flow controller automatically adjusts the pressure at which the third mixed gas is discharged in response to changes in the internal pressure of the pressure vessel to maintain a constant flow rate of the third mixed gas (control unit (300) can control the compressor (220) so that the pressure in the internal space of the chamber (100) changes according to the pressure value detected by the pressure sensor (121), paragraph 0105; the compressor (220), and the air mixing valve (213) can be controlled by the control unit (300), paragraph 0078; compressor (220) can control the pressure in the internal space of the chamber, paragraph 0086; a compressor (220) can compress the mixed air supplied through the air mixing valve (213) of the oxygen supply unit (210) and supply the compressed air to the chamber (100), paragraph 0087; compressor and mixing valve work together to adjust the pressure) to monitor the pressure in real time directly inside of the chamber (paragraph 0061).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a pressure sensor inside of the pressure chamber, as taught by Shin, to monitor the pressure in real time directly inside of the chamber (Shin: paragraph 0061). The addition of a pressure sensor inside of the pressure chamber would allow the device to more accurately determine the internal pressure of the pressure chamber. This allows the device to better control the compressor and valve to produce the desired pressure and speed of mixed gas for the pressure chamber. Since Wen already teaches that the valve can be controlled to adjust the internal pressure of the chamber, having a pressure sensor would merely further support this form of control.
Regarding Claim 7, Wen-Nakajima-Callaghan-Shin-O’Brien combination teaches the claimed invention of Claim 6. The current Wen-Nakajima-Callaghan-Shin-O’Brien combination fails to explicitly teach the pressure vessel is formed by connecting two or more pressure vessel units.
However, Wen further teaches the pressure vessel is formed by connecting two pressure vessel units (32 and 33 connected to each other and divided by 34, Fig 4; the tank 31 is provided with a partition 34 that divides the inner cavity of the tank 31 into a sealed left chamber 32 and a right chamber 33, paragraph 0027; both the left chamber 32 and the right chamber 33 of the present invention can be used as hyperbaric oxygen chambers, paragraph 0033; present invention can simultaneously maintain the left chamber 32 under high pressure and the right chamber 33 under negative pressure, thereby providing medical treatment for two different patients, paragraph 0033) to provide medical treatment for two different patients and allow further control over pressure in two different chambers (paragraph 0033).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a partition to split the pressure chamber into two chamber units, as taught by Wen, to provide medical treatment for two different patients and allow further control over pressure in two different chambers (Wen: paragraph 0033). By dividing the chamber into two units, the device can provide different pressures for different patients in each unit.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wen et al. (English Machine Translation of CN 107802441 A provided by Espacenet),Nakajima (English Machine Translation of WO 2014024984 A1 provided by Espacenet), Callaghan et al. (US 2013/0087146 A1), and Shin et al. (English Machine Translation of KR 20200017760 A provided by Espacenet) as applied to Claim 1, and in further view of Hirano (English Machine Translation of WO 2011090168 A1 provided by Espacenet).
Regarding Claim 5, Wen-Nakajima-Callaghan-Shin combination teaches the claimed invention of Claim 1. Wen-Nakajima-Callaghan-Shin combination also teaches a step of using the hydrogen-oxygen mixed gas inhalation device according to claim 1 (See Rejection of Claim 1 above). Wen-Nakajima-Callaghan-Shin combination further teaches a step of performing training in an environment where a low oxygen state is maintained (Wen: medical oxygen chamber with high-altitude simulation function, paragraph 0002; a negative pressure oxygen chamber, and capable of inputting a mixture of oxygen and helium gas with high-altitude simulation function, paragraph 0007; pressure and oxygen parameters in the right chamber can be set, thereby realizing different altitude environments in the right chamber, and thus achieving the corresponding training or treatment purpose, paragraph 0009; negative pressure oxygen chamber would obviously have a low oxygen environment in which a patient is capable of training).
Wen-Nakajima-Callaghan-Shin combination fails to explicitly teach a method for enhancing muscle strength to improve human motor function; a step of performing strength training.
However, Hirano, of the same field of endeavor, teaches a capsule device for creating a high-pressure or low-pressure environment (Page 1) including a method for enhancing muscle strength to improve human motor function; a step of performing strength training (exercise assistance equipment, allowing users to train their leg and arm muscles, users can perform leg exercises while lying down, Pages 7-8; user shown to perform exercises inside the pressure capsule, Figs 7-9; for the purpose of high-altitude training, it is possible to reduce the pressure inside the housing 10 to create a low-pressure environment, Page 22) since it is known to utilize exercise equipment within a high pressure and low pressure chamber to promote muscle strength training (Pages 7, 8, and 22).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add exercise equipment inside of the pressure chamber, as taught by Hirano, since it is known to utilize exercise equipment within a high pressure and low pressure chamber to promote muscle strength training (Hirano: Pages 7, 8, and 22). Wen already teaches that the pressure chamber can be used to perform high-altitude simulation and training by making the chamber a negative pressure chamber. Hirano merely further supports this training by introducing exercise equipment to enhance the patient’s training. It is noted that since a user can perform training within the pressure chamber, one of ordinary skill in the art would obviously recognize that any form of training would enhance the muscle strength in some capacity as training exercises require the movement of muscles of the patient. Thus, a patient within the pressure chamber would be capable of enhancing their muscle strength through training with and without the exercise equipment. It is also noted that Applicant does not explicitly claim that the step of performing the strength training must be performed inside of a pressure chamber, but merely an environment where a low oxygen state is maintained. In other words, for example, a patient can be performing strength training on top of a mountain or hill which has a lower oxygen content in the air due to high altitudes before using the pressure chamber. Applicant has not claimed this environment where a low oxygen state is maintained is the same as the environment within a pressure chamber.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for art cited of interest including:
US 20200171265 A1 discusses supplying hydrogen gas mixed with oxygen and air into a room including a hyperbaric chamber (paragraph 0096).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN THAI-BINH KHONG whose telephone number is (571)272-1857. The examiner can normally be reached Monday to Thursday 9:00 am-6:00 pm.
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/BRIAN T KHONG/ Examiner, Art Unit 3785
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