DETAILED CORRESPONDENCE
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 Rejections - 35 USC § 112(b)
Claim 28 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 28 recites “the compressible volume of the humidification chamber should be reduced when used with a neonatal patient when compared to an adult patient”. It is unclear what is being claimed and if the claim requires the compressible volume to be reduced.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 17-32 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Roberts et al. US 5,388,571 (hereafter Roberts).
Regarding claim 17, Roberts teaches a respiratory humidification system (Fig 1) comprising:
a pump (190) configured to be in fluid communication with a humidification chamber (150), the humidification chamber comprising outer walls (walls shown in Fig 1), the outer walls defining a cavity (space within component 150), the cavity being configured to contain a quantity of liquid (liquid medicine in region 162), the cavity defining a fixed overall volume (where the volume will not change), the fixed overall volume comprising a compressible volume (volume above liquid) and a volume (volume of liquid in Fig 1) of liquid (col 8 lines 25-56);
wherein the pump is configured to remove liquid from the cavity such that the compressible volume of the humidification chamber can be increased by removing liquid and such that the compressible volume of the humidification chamber can be decreased by adding liquid (col 8 lines 25-56, where the pump removes liquid to increase the compressible volume, where the structure of the valve 182 is fully capable of adding liquid to decrease the compressible volume, see MPEP 2114, 2115, 2173.05(g)).
Regarding claim 18, Roberts teaches all the limitations of claim 17. Roberts further teaches wherein the pump comprises a pump conduit (188) fluidly connected to the cavity.
Regarding claim 19, Roberts teaches all the limitations of claim 18. Roberts further teaches a reservoir (190, col 8 lines 48-56), the reservoir being fluidly connected to the cavity with a reservoir conduit.
Regarding claim 20, Roberts teaches all the limitations of claim 19. Roberts further teaches wherein the pump transports the liquid removed from the cavity through the reservoir conduit to the reservoir (col 8 lines 25-56).
Regarding claim 21, Roberts teaches all the limitations of claim 19. Roberts further wherein the liquid removed from the cavity is discarded (col 8 lines 25-56).
Regarding claim 22, Roberts teaches all the limitations of claim 19. Roberts further wherein a portion of liquid removed from the cavity is discarded while a portion of liquid removed from the cavity is stored in the reservoir (col 8 lines 25-56 where the system of Roberts is fully capable of discarding one portion and storing another, see MPEP 2114, 2115, 2173.05(g)).
Regarding claims 25 and 27-28, Roberts teaches all the limitations of claim 17. Roberts further teaches
wherein removing liquid from the cavity enables the fixed overall volume to be adapted to patients requiring respiratory therapy of different tidal volumes or frequencies (where the structure of Roberts is fully capable of performing the functional limitations in accordance with MPEP 2114, 2115, 2173.05(g));
wherein, when the respiratory humidification system is for use with adult patients, the pump is configured to increase the compressible volume of the humidification chamber (col 8 lines 25-56, where the increase would occur when removing fluid in an adult patient);
wherein, when the respiratory humidification system is delivering a respiratory therapy of different tidal volumes or breath frequency, the compressible volume of the humidification chamber should be reduced when used with a neonatal patient when compared to an adult patient (where the structure of Roberts is fully capable of performing the functional limitations in accordance with MPEP 2114, 2115, 2173.05(g)).
Regarding claims 17-19 and 23-24, Roberts teaches a respiratory humidification system (Fig 1) comprising:
a pump (170) configured to be in fluid communication with a humidification chamber (150), the humidification chamber comprising outer walls (walls shown in Fig 1), the outer walls defining a cavity (space within component 150), the cavity being configured to contain a quantity of liquid (liquid medicine in region 162), the cavity defining a fixed overall volume (where the volume will not change), the fixed overall volume comprising a compressible volume (volume above liquid) and a volume (volume of liquid in Fig 1) of liquid (col 7 line 9 – col 8 line 18);
wherein the pump is configured to add liquid from the cavity such that the compressible volume of the humidification chamber can be increased by removing liquid and such that the compressible volume of the humidification chamber can be decreased by adding liquid (col 7 line 9 – col 8 line 18, where the pump adds liquid to decrease the compressible volume, where the structure of the valve 176 is fully capable of removing liquid to decrease the compressible volume, see MPEP 2114, 2115, 2173.05(g));
wherein the pump comprises a pump conduit fluidly connected to the cavity (col 7 line 9 – col 8 line 18);
a reservoir (170, col 7 line 9 – col 8 line 18), the reservoir being fluidly connected to the cavity with a reservoir conduit (174);
wherein the pump transports the liquid to be added to the cavity via the reservoir conduit from the reservoir (col 7 line 9 – col 8 line 18);
wherein the pump transports the liquid to be added to the cavity from a liquid source (170, col 7 line 9 – col 8 line 18).
Regarding claims 17, 25, and 27-28, Roberts teaches a respiratory humidification system (Fig 1) comprising:
a pump (170) configured to be in fluid communication with a humidification chamber (150), the humidification chamber comprising outer walls (walls shown in Fig 1), the outer walls defining a cavity (space within component 150), the cavity being configured to contain a quantity of liquid (liquid medicine in region 162), the cavity defining a fixed overall volume (where the volume will not change), the fixed overall volume comprising a compressible volume (volume above liquid) and a volume (volume of liquid in Fig 1) of liquid (col 7 line 9 – col 8 line 18);
wherein the pump is configured to add liquid from the cavity such that the compressible volume of the humidification chamber can be increased by removing liquid and such that the compressible volume of the humidification chamber can be decreased by adding liquid (col 7 line 9 – col 8 line 18, where the pump adds liquid to decrease the compressible volume, where the structure of the valve 176 is fully capable of removing liquid to decrease the compressible volume, see MPEP 2114, 2115, 2173.05(g));
wherein adding liquid from the cavity enables the fixed overall volume to be adapted to patients requiring respiratory therapy of different tidal volumes or frequencies (where the structure of Roberts is fully capable of performing the functional limitations in accordance with MPEP 2114, 2115, 2173.05(g));
wherein, when the respiratory humidification system is for use with neonatal patients, the pump reduces the compressible volume of the humidification chamber (col 7 line 9 – col 8 line 18, where the decrease would occur when adding fluid in with a neonatal patient);
wherein, when the respiratory humidification system is delivering a respiratory therapy of different tidal volumes or breath frequency, the compressible volume of the humidification chamber should be reduced when used with a neonatal patient when compared to an adult patient (where the structure of Roberts is fully capable of performing the functional limitations in accordance with MPEP 2114, 2115, 2173.05(g)).
Regarding claim 29, Roberts teaches a respiratory humidification system (Fig 1) comprising:
a pump (190) that is configured to fluidly connect to a conduit (180), the conduit forming at least a portion of a breathing circuit assembly (as shown in Fig 1);
wherein the pump is configured to remove condensate from the conduit of the breathing circuit assembly (col 8 lines 25-56).
Regarding claim 30, Roberts teaches all the limitations of claim 29. Roberts further teaches wherein the pump is configured to be connected at location along the conduit proximate to a patient interface such that the pump is configured to remove condensate from the breathing circuit assembly before condensate reaches a patient (as shown in Fig 1).
Regarding claim 31, Roberts teaches all the limitations of claim 29. Roberts further teaches wherein the pump is configured to be connected to the conduit at a low point (162) in the breathing circuit assembly such that the pump is configured to remove condensate that may accumulate in the breathing circuit assembly at the low point (as shown in Fig 1; see MPEP 2114, 2115, 2173.05(g)).
Regarding claim 32, Roberts teaches all the limitations of claim 31. Roberts further teaches wherein the pump is fluidly connected to a reservoir, the pump being configured to deposit condensate into the reservoir (col 8 lines 25-56).
Related Art
Applicant is made aware of US 2015/0250957 which teaches a system (Figs 2-3) comprising a pump (24) in fluid communication with a chamber (C in Fig 1) wherein the pump is configured to add or remove liquid from the cavity.
Conclusion
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/STEPHEN HOBSON/Examiner, Art Unit 1776
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