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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
First gas channel
Second gas channel
A density of holes on the first rectifying pieces as described in claim 3
A density of holes on each of the etching dense porous filter screens as described in claim 8
The bidirectional flow sensors comprising gas path channels, throttling pieces, rectifying pieces, and detection pieces as described in claim 9
Gas flow beam
Changed gas flow beam
must be shown (labeled) or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1-10 are objected to because of the following informalities:
Claim 1, lines 6-7, “a first gas channel extending straightly” should read “a first gas channel configured to extend in a straight direction”
Claim 1, line 9, “thee turbine module” should read “the turbine module”
claims 2-10 are also objected due to being dependent off of claim 1
Claim 9, lines 13-14, it is recommended to change “wherein each two of the detection pieces are configured to measure gas pressures” to “wherein each of the detection pieces comprises two detection pieces, wherein the two detection pieces are configured to measure gas pressure”
Appropriate correction is required.
Claim Interpretation
Claims 1 and 7 recites the terms “an air suction connector” and “an air suction pipeline” in lines 3, 8-9, and 11-13. Based on the EspaceNet Translation of this application (CN 221888952), the terms “an air suction connector” and “an air suction pipeline” appear to be a translation of the terms “an intake connector” and “an intake pipe” (see [0015] and [0045] of EspaceNet Translation of CN 221888952). Therefore, for purposes of examination, the “air suction connector” and the “air suction pipeline” are being interpreted as an intake connector and an intake pipe for the patient.
Claim 4 recites the limitation “the noise reduction and sound absorption chamber is closed” in lines 6-7. Based on the EspaceNet Translation of this application (CN 221888952), the limitation “the noise reduction and sound absorption chamber is closed” appears to be a translation of “a sealed noise reduction expansion chamber” (see [0012] and [0041] of EspaceNet Translation of CN 221888952). Therefore, for purposes of examination, “the noise reduction and sound absorption chamber is closed” is being interpreted as the noise reduction and sound chamber being sealed or having a seal.
Claim 9 recites the limitation “the bidirectional flow sensors comprise gas path channels, throttling pieces, rectifying pieces, and detection pieces” in lines 2-3. Based on the EspaceNet Translation of this application (CN 221888952), the limitation “the bidirectional flow sensors comprise gas path channels, throttling pieces, rectifying pieces, and detection pieces” appears to be a translation of “the bidirectional flow sensors include a gas passage, a throttling element, a detection element and a rectification element symmetrically disposed on both sides” (see [0048] of EspaceNet Translation of CN 221888952). Therefore, for purposes of examination, “the bidirectional flow sensors comprise gas path channels, throttling pieces, rectifying pieces, and detection pieces” is being interpreted as the bidirectional flow sensors of the first flow sensor and the second flow sensor each comprises a gas passage, a throttling piece, rectifying pieces, and detection pieces”.
Claim 9 further recites the limitation “wherein each of the throttling pieces is configured to change a flow cross-sectional area of a gas flow beam so as to generate a pressure difference between the gas flow beam and a changed gas flow beam” in lines 7-9. Based on the EspaceNet Translation of this application (CN 221888952), the limitation “wherein each of the throttling pieces is configured to change a flow cross-sectional area of a gas flow beam so as to generate a pressure difference between the gas flow beam and a changed gas flow beam” appears to be a translation of “the throttling element is used to generate a pressure difference before and after the throttling element by changing the flow cross-sectional area of the gas stream” (see [0048] of EspaceNet Translation of CN 221888952). Therefore, for purposes of examination, “wherein each of the throttling pieces is configured to change a flow cross-sectional area of a gas flow beam so as to generate a pressure difference between the gas flow beam and a changed gas flow beam” is being interpreted as “each of the throttling pieces are used to generate a pressure difference before and after the throttling piece by changing the flow cross-sectional area”.
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
Regarding “wherein the first rectifying piece is configured to rectify the oxygen to make the oxygen have a uniform flow rate” in claim 2 (further claims 7-9).
Uses the term “piece” which is a generic placeholder for means
The functional language that modified the “first rectifying piece” is that it is configured to rectify the oxygen to make the oxygen have a uniform flow rate
“rectifying piece” is not modified by sufficient structure for performing the claimed functions, therefore 35 U.S.C. 112(f) is invoked.
For purposes of examination, the first rectifying piece is being interpreted as a type of flow straightener or other suitable alternative based on the specification and drawings.
Regarding “wherein the second rectifying pieces are configured to rectify the mixed gas to make the mixed gas flow at a constant speed” in claim 7 (further claim 9).
Uses the term “pieces” which is a generic placeholder for means
The functional language that modified the “second rectifying pieces” is that they are configured to rectify the mixed gas to make the mixed gas flow at a constant speed
“rectifying pieces” are not modified by sufficient structure for performing the claimed functions, therefore 35 U.S.C. 112(f) is invoked.
For purposes of examination, the rectifying pieces are being interpreted as a type of flow straightener or other suitable alternative based on the specification and drawings.
Regarding “wherein each of the throttling pieces is configured to change a flow cross-sectional area of a gas flow beam” in claim 9.
Uses the term “pieces” which is a generic placeholder for means
The functional language that modified the “throttling pieces” is that they are configured to change a flow cross-sectional area of a gas flow beam
“throttling pieces” are not modified by sufficient structure for performing the claimed functions, therefore 35 U.S.C. 112(f) is invoked.
For purposes of examination, the throttling pieces are being interpreted as a change in flow cross-sectional area such as a flow constriction or other suitable alternative based on the specification and drawings.
Regarding “wherein each of the rectifying pieces is disposed on an inner wall of a corresponding gas path channel, and is configured to suppress generation of gas turbulence” in claim 9.
Uses the term “pieces” which is a generic placeholder for means
The functional language that modified the “rectifying pieces” is that they are configured to suppress generation of gas turbulence
“rectifying pieces” are not modified by sufficient structure for performing the claimed functions, therefore 35 U.S.C. 112(f) is invoked. While claim 9 states that the rectifying pieces are disposed on an inner wall of a corresponding gas path channel, this does not provide further structure for performing the suppress generation of gas turbulence
For purposes of examination, the rectifying pieces are being interpreted as a type of flow straightener or other suitable alternative based on the specification and drawings.
Regarding “wherein each two of the detection pieces are configured to measure gas pressures on two sides of each of the throttling pieces, and obtain a corresponding gas flow according to a gas pressure difference” in claim 9.
Uses the term “pieces” which is a generic placeholder for means
The functional language that modified the “detection pieces” is that they are configured to measure gas pressures and to obtain a corresponding gas flow according to a gas pressure difference
“detecting pieces” are not modified by sufficient structure for performing the claimed functions, therefore 35 U.S.C. 112(f) is invoked.
For purposes of examination, the two detecting pieces are being interpreted as two pressure sensors, two pressure measuring channels or other suitable alternative based on the specification and drawings.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitations recites sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitations are:
The first rectifying piece in claim 3 as it further provides structure by defining that it has cross-sections and a density of holes that increase in a direction towards the turbine module.
The second rectifying pieces in claim 8 as it further provides structure by defining that the second rectifying pieces comprises etched dense porous filter screens
Because these claim limitations are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitations do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 10 are rejected under 35 U.S.C. 103 as being unpatentable over Davoine (US 20210001068) in view of Brewster (US 20250082877).
Regarding claim 1, Davoine discloses
a gas path system, applied to a ventilator (figs. 1-9; gas circuits such as an oxygen circuit and venting circuit to be integrated into medical ventilator 10; [0009]-[0013], [0077]-[0084], and [0115]) comprising:
a high-pressure oxygen path, a turbine module, and a main branch gas (see figs. 1-8 and modified fig. 9 below; oxygen inlet 121 in fluid communication to oxygen inlet 17 though passage; casing 1 comprises a micro-blower 2; and outlet 15 of casing is in fluid communication with gas flow outlet 115 though passage; [0079]-[0084], [0116]-[0117]);
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wherein the high-pressure oxygen path is configured to transmit oxygen (see figs. 1-8 and modified fig. 9 above; oxygen inlet 121 transmits oxygen from supply source through a gas channel to oxygen inlet 17; [0079]-[0084] and [0117]);
the high-pressure oxygen path comprises a first gas channel extending straightly (see modified fig. 9 above; oxygen path is a channel that extends in a straight direction)
a first end of the first gas channel is connected to the turbine module (see fig. 3 and modified fig. 9 above; the first end of the channel of the high-pressure oxygen path is connected to the oxygen inlet 17 of the casing 1; [0079]-[0084] and [0117]);
a second end of the first gas channel is connected to an oxygen supply source (see fig. 3 and modified fig. 9 above; the oxygen inlet 121 is arranged at the second end of the channel of the high-pressure oxygen path to connect fluidically to an oxygen sources such as gas canister containing oxygen (pressurized); [0079]-[0084] and [0117]);
wherein thee turbine module comprises a housing, a turbine disposed in the housing (figs. 1-8; rigid casing 1 which has half casings 1a and 1b comprise a micro-blower 2; [0077]-[0084]), a first gas inlet, a second gas inlet, and a gas outlet (figs. 1-6; casing 1 comprising an oxygen inlet 17, an air inlet opening 12, and a gas supply opening/gas outlet 15; [0079]-[0084]);
the first gas inlet is connected to the first gas channel (see fig. 3 and modified fig. 9 above; the first end of the channel of the high-pressure oxygen path is connected to the oxygen inlet 17 of the casing 1; [0079]-[0084] and [0117]);
the second gas inlet is connected to the air supply source (figs. 1-6 and 9; an air inlet opening 12 in fluidic communication with the ambient atmosphere (air supply source); [0079]-[0084]);
the turbine is configured to mix air and the oxygen (figs. 3-6; the air and oxygen is mixed in the motor compartment 3 where the gas passage space 22 of the blower 2 allows gas flow to circulate; [0079]-[0084] and [0100]-[0102]) and output mixed gas from the gas outlet (figs. 3-4; mixed gas from micro-blower 2 is output through gas evacuation conduit 29 to gas outlet 15; [0079]-[0084] and [0100]);
wherein the main branch gas path is configured to connect the turbine module (see modified fig. 9 above; outlet 15 of casing 1 (with micro blower 2) is in fluid communication with gas flow outlet 115 though main branch gas path; [0116]) and an air suction pipeline (air suction pipeline is being interpreted as an intake conduit/pipe, see claim interpretation section above; flexible tube feeding a respiratory interface; [0100]) for a patient (figs. 1-6; the gas flow then leaves the gas outlet compartment 14 via the gas supply opening 15, before then being sent to the patient via a flexible tube (air suction pipeline) feeding a respiratory interface; [0100]);
Davoine does not explicitly disclose the high-pressure oxygen path and main branch gas path being a high-pressure oxygen control module and a main branch gas path module.
However, Brewster discloses an analogous (a device 100 comprising flow paths to deliver mixed oxygen and air gas for required respiratory support; [0112]), comprising:
a high-pressure oxygen control module (figs. 2-7b and 18a-18c; gas flow path 200 and air flow path 300 comprising a proportional valve 212, flow conditioner 250, oxygen concentration sensor, and a flow sensor 218; [0113], [0118], [0119], and [0153]), a turbine module (figs. 2-7b; block 730 comprising mixing blower 310), and a main branch gas path module (figs. 2-4d, 6a-12c; mixed gas flow path 400 comprising flow conditioner 750, flow sensor 418, oxygen concentration sensor, and outlet connector 800; [0112], [0118], [0163]-[0164], and [0168]);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the paths of Davoine with the controller, flow sensor, flow conditioners, proportional valve, oxygen concentration sensor, and outlet connector of the gas flow paths and mixed gas flow path as disclosed in Brewster to provide improvements in one or more of sensor performance, gas mixing and flow conditioning which can in turn give rise to improvements in system and device performance in the provision of high flow respiratory support, such as providing gases with a flow profile which is linear, uniform and/or parallel so as to improve sensing accuracy and/or consistency, condition gas flows to be closer to a desirable flow profile, determine actual flows within the device so that improved flow control and delivery of gases may be achieved, and maintain or prevent/reduce blood oxygen saturation levels of the patient (Brewster: [0105]-[0106], [0111]). Further, such modifications would have been obvious as Davoine discloses “the apparatus 10 can also comprise other elements (not shown), such as pressure sensors and flow rate sensors, pneumatic control elements, a viewing screen, a human-machine interface (HMI), etc.” in [0119].
Regarding claim 2, the modified device of Davoine further discloses
the gas path system (Davoine: gas circuits and casing with blower integrated into a ventilator; Brewster: gas flow paths with various flow components and sensors) according to claim 1,
wherein the high-pressure oxygen control module comprises a proportional valve, a first rectifying piece, and a first flow sensor (Brewster: figs. 2-4d, 6a-9, and 18a-18c; gas flow path 200 comprises a proportional valve 212, flow conditioner 250, and a flow sensor 218; [0113], [0119], and [0153]);
an outlet of the proportional valve is connected to the first gas channel (Brewster: see figs. 7a-7b; the outlet end of the proportional valve 212 is connected to the flow conditioner 250 and bore 722; [0153])
the first rectifying piece and the first flow sensor are disposed in the first gas channel (Davoine: see modified fig. 9 above in claim 1, oxygen path is a channel that extends in a straight direction; Brewster: see figs. 2-9; the flow conditioner 250 and flow sensor 218 are disposed in the gas flow path 200; [0113], [0119], and [0153]);
a flow direction of the oxygen in the first rectifying piece and a flow direction of the oxygen in the first flow sensor are parallel to an extending direction of the first gas channel (Davoine: see modified fig. 9 above in claim 1, oxygen path is a channel that extends in a straight direction; Brewster: see figs. 2-9; the flow direction of the oxygen in the flow conditioner 250 and flow sensor 218 is in a straight path which is parallel to the extending direction of the gas flow path 200);
wherein the proportional valve is configured to adjust a current to control an oxygen flow, and the proportional valve is configured to transmit the oxygen to the first rectifying piece (Brewster: figs. 7a-7b; The controller 4 then controls proportional valve 212 to open sufficiently (e.g. by increasing supply current) to allow enough O.sub.2 into the flow of respiratory gases to meet the O.sub.2 concentration set point; [0119]);
wherein the first rectifying piece is configured to rectify the oxygen to make the oxygen have a uniform flow rate (Brewster: figs. 7a and 18a-18c; the flow conditioner 250 is configured to improve a characteristic (e.g. directionality such as straightness, spread across a cross-section of a flow path, uniformity in velocities, etc.) of the dispersed gases received from the first portion; [0153]);
wherein the first flow sensor is configured to measure the oxygen flow transmitted by the high-pressure oxygen control module to the turbine module (Brewster: figs. 2-4d and 6a-9; O.sub.2 flow sensor 218 which is configured to sense flow rate in the O.sub.2 flow path 200 [0113] which transmits oxygen to the third block 730).
Regarding claim 3, the modified device of Davoine further discloses
the gas path system (Davoine: gas circuits and casing with blower integrated into a ventilator; Brewster: gas flow paths with various flow components and sensors) according to claim 2,
wherein cross sections of the first rectifying piece perpendicular to the first gas channel increases in a direction close to the turbine module (Brewster: see figs. 7a and 18a-18c; flow conditioner 250 comprises a first portion 250a and a second portion 250b; [0153]; the first portion 250b has a greater cross-section perpendicular to the gas channel than the first portion 250a, therefore the increasing in a direction close to the third component (turbine module) 730);
a density of holes on the first rectifying piece increases in a direction close to the turbine module (Brewster: see figs. 7a and 18a-18c; first portion 250a comprises one hole and the second portion 250b comprises a plurality of openings (holes) 252; [0153]; therefore, the density of holes increases in a direction close to the third component (turbine module) 730).
Regarding claim 10, the modified device of Davoine further discloses
a ventilator (fig. 9; a respiratory assistance apparatus or medical ventilator 10; [0115]), comprising: the gas path system according to claim 1 (see claim 1 above, ventilator 10 integrates the casing 1 and the gas pathways/circuits; [0009]-[0013], [0077]-[0084], and [0115]).
Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Davoine (US 20210001068) in view of Brewster (US 20250082877) and further in view of Lathrop (US 20080257346) and Zhi (US 20230233780).
Regarding claim 4, Davoine discloses
the gas path system (Davoine: gas circuits and casing with blower integrated into a ventilator; Brewster: gas flow paths with various flow components and sensors) according to claim 1,
wherein the housing comprises a first chamber (Davoine: figs. 3-8; casing 1 comprises air inlet compartment 11 and an oxygen circuit or passage 16; [0079]-[0084]) and a second chamber communicated with the first chamber (Davoine: figs. 3-8; casing 1 comprises motor compartment 3 and gas outlet compartment 14 which communicates with air inlet compartment 11 and an oxygen circuit or passage 16; [0079]-[0084]);
the first gas inlet and the second gas inlet are defined in the first chamber (Davoine: figs. 3-8; air inlet compartment 11 comprises air inlet opening 12 and oxygen circuit or passage 16 comprises an oxygen inlet 17; [0079]-[0084]);
the turbine and the gas outlet are disposed in the second chamber (Davoine: figs. 3-8; micro-blower 2 and gas outlet 15 are disposed in motor compartment 3 and gas outlet compartment 14; [0079]-[0084]);
Brewster does not disclose wherein the housing comprises a first chamber and a second chamber communicated with the first chamber; the turbine and the gas outlet are disposed in the second chamber; wherein the turbine module further comprises damping noise reduction pieces and a noise reduction and sound absorption chamber; the noise reduction and sound absorption chamber is closed; the damping noise reduction pieces are configured to form the noise reduction and sound absorption chamber, and the damping noise reduction pieces are configured to absorb and attenuate noise; wherein the noise reduction and sound absorption chamber is configured to reduce the noise; the noise reduction and sound absorption chamber comprises a first noise reduction and sound absorption chamber and a second noise reduction and sound absorption chamber; the first noise reduction and sound absorption chamber and the second noise reduction and sound absorption chamber are oppositely disposed on two sides of the second gas inlet; the first noise reduction and sound absorption chamber is connected to the first gas inlet.
Lathrop discloses an analogous blower device with a silencer wherein the housing comprises a first chamber (figs. 3-13; housing assembly 28 includes acoustic housing 52; [0053] and [0061]) and a second chamber communicated with the first chamber (figs. 3-13; housing assembly 28 includes a blower chamber 62 which is in communication with acoustic chamber 52; [0053] and [0066]); the turbine and the gas outlet are disposed in the second chamber (figs. 3-13; the motor blower unit 14 and outlet 32 are disposed in the blower chamber 62; [0053]);
wherein the turbine module further comprises damping noise reduction pieces and a noise reduction and sound absorption chamber (figs. 3-13; the acoustic housing 52 of the housing 28 comprises an acoustic chamber 50 that contains perforated plates 84 for sound attenuation; [0061] and [0064]-[0066]);
the damping noise reduction pieces are configured to form the noise reduction and sound absorption chamber (see figs. 8-12; the perforated plates 84 and dissipative elements 92 are configured to form a part of the acoustic chamber 50), and the damping noise reduction pieces are configured to absorb and attenuate noise (figs. 8-12; perforated plates 84 and dissipative elements 92 are configured for sound attenuation; [0050], [0061], and [0064]-[0066]); wherein the noise reduction and sound absorption chamber is configured to reduce the noise (figs. 8-12; the acoustic chamber 50 comprising the reactive components 70, resonators 80, and dissipative elements 92 are adapted for attenuating and reducing noise; [0049], [0050], [0061], and [0064]-[0066]);
the noise reduction and sound absorption chamber comprises a first noise reduction and sound absorption chamber (figs. 8-12; acoustic chamber 50 comprises a first chamber 54; [0061] and [0064]) and a second noise reduction and sound absorption chamber (figs. 8-12; acoustic chamber 50 comprises a second chamber 56; [0061] and [0064]);
the first noise reduction and sound absorption chamber is connected to the first gas inlet (figs. 8-12; gas inlet 30 is connected to the first chamber 54 through reactive tube 72; [0061]-[0063]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air inlet compartment, oxygen circuit, and casing of Davoine with the acoustic chambers of the acoustic housing of Lathrop to reduce the transmission of noise as such noise are particularly noticeable and can interrupt or prevent the patient’s sleep (Lathrop: [0003]-[0007], [0049], [0050], [0061], and [0064]-[0066]).
While the modified device of Davoine does not explicitly disclose the first noise reduction and sound absorption chamber and the second noise reduction and sound absorption chamber are oppositely disposed on two sides of the second gas inlet.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the air inlet opening to be positioned in between the first chamber and second chamber of the acoustic chamber since such a modification would simply involve merely moving the air inlet opening without changing the operation of the device, a rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04).
The modified device of Davoine does not disclose the noise reduction and sound absorption chamber is closed.
Zhi discloses an analogous noise reduction structure for a ventilation treatment device where
the noise reduction and sound absorption chamber is closed (closed is being interpreted as sealed, see claim interpretation above; figs. 2-4 and 14-15; chambers 73 and 77 are sealed by installing the micropore plates and may also be sealed by other components and structures, where the two chambers may also be installed to seal the air passage 74 [0109]-[0110]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the acoustic chambers of the modified device of Davoine to be sealed as disclosed in Zhi to improve sealibility after parts are assembled (Zhi: [0188]) and further prevent noise and maximize vibration dampening, therefore, improving satisfaction of the patient in the usage of the ventilation-treatment device (Zhi: [0007], [0025], [0109]-[0110]).
Regarding claim 6, Davoine further discloses
the gas path system (Davoine: gas circuits and casing with blower integrated into a ventilator; Brewster: gas flow paths with various flow components and sensors) according to claim 4,
wherein the turbine module further comprises a filter (The ambient air can be filtered, before and/or after it enters the air inlet compartment 11 (part of casing 1/turbine module) with one or more HEPA filters; [0085]);
the filter is configured to filter impurities in the air (the ambient air can be filtered, in order to purify it, that is to say in order to free it of the pollutants, such as dust, spores, microorganisms or the like by one or more HEPA filters; [0085]).
While Davoine does not explicitly state the filter is connected to the air supply source and the second gas inlet.
It does disclose the ambient air can be filtered, before and/or after it enters the air inlet compartment 11 [0085] where the air inlet compartment 11 comprising the air inlet opening 12 is in fluidic communication with the ambient atmosphere [0081], therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the filter to ambient air (air supply source) and the air inlet opening (second gas inlet) to yield the predictable result of purifying or freeing the ambient air of pollutants such as dust, spore, microorganisms or the like [0085]. Additionally, since such a modification would simply involve merely positioning the filter to be connected to ambient air and the air inlet opening without changing the operation of the device, a rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Davoine (US 20210001068) in view of Brewster (US 20250082877) and further in view of Lathrop (US 20080257346), Zhi (US 20230233780), and Haibach (US 20130213401).
Regarding claim 5, the modified device of Davoine discloses
the gas path system (Davoine: gas circuits and casing with blower integrated into a ventilator; Brewster: gas flow paths with various flow components and sensors; Lathrop: acoustic housing; Zhi: sealing for acoustic chambers) according to claim 4,
wherein the damping noise reduction pieces comprise support pieces (Lathrop: see figs. 8-12; perforated plates 84 supports the dissipative elements to lie within the cavity defined by plates 84 and chamber walls 64; [0066]);
the support pieces are disposed on two opposite inner walls of the first chamber (Lathrop: see figs. 8-13; perforated plate 84 in first chamber 54 is positioned on the inner wall of lower acoustic cover 60 and perforated plate 84 in second chamber 56 is positioned on the inner wall of upper acoustic cover 60; [0059]-[0060], see fig. 11, upper acoustic cover 60 and lower acoustic cover 60 are two opposite walls).
The modified device of Davoine does not disclose wherein the damping noise reduction pieces comprise support pieces and gridding cloths; the support pieces are disposed on two opposite inner walls of the first chamber; each of the gridding cloths is spread on a corresponding one of the support pieces; the first noise reduction and sound absorption chamber and the second noise reduction and sound absorption chamber disposed opposite to the first noise reduction and sound absorption chamber are formed by the support pieces disposed on the two opposite inner walls of the first chamber and the gridding cloths respectively spread on the support pieces.
Haibach discloses an exhaust gas assembly for a patient interface with noise reduction
wherein the damping noise reduction pieces comprise pieces and gridding cloths (fig. 18-19; the face plate/elbow conduit comprises a plurality of holes 246 and baffle member 248, where other material or structures can be used with the hole/openings such as gas fabrics or meshes can be provided over all or a portion of one or more of these holes; [0080]-[0081] and [0085]-[0086]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the perforated plate of the modified device of Davoine to be covered with gas fabrics or meshes as disclosed in Haibach such that the perforated plate is covered with gas fabrics or meshes to yield the predictable result of further minimizing or reducing noise (Haibach: [0080]-[0081] and [0085]-[0086]).
It directly follows that the resultant perforated plates of the modified device of Davoine combined with the gas fabrics or meshes of Haibach would meet the claimed structural limitations since:
The modified device of Davoine and Haibach combined discloses
each of the gridding cloths is spread on (Haibach: fig. 18-19; as gas fabrics or meshes can be provided over all or a portion of one or more of these holes of the plurality of holes 246 and baffle member 248; [0080]-[0081] and [0085]-[0086]) a corresponding one of the support pieces (Lathrop: see figs. 8-12; perforated plates 84 supports the dissipative elements to lie within the cavity defined by plates 84 and chamber walls 64; [0066]);
the first noise reduction and sound absorption chamber and the second noise reduction and sound absorption chamber disposed opposite to the first noise reduction and sound absorption chamber (Lathrop: see figs. 8-12, the first chamber 54 is positioned opposite to the second chamber 56) are formed by the support pieces disposed on the two opposite inner walls of the first chamber (Lathrop: see figs. 8-12; the perforated plates 84 and dissipative elements 92 are configured to form a part of the acoustic chamber 50, where see figs. 8-13; perforated plate 84 in first chamber 54 is positioned on the inner wall of lower acoustic cover 60 and perforated plate 84 in second chamber 56 is positioned on the inner wall of upper acoustic cover 60; [0059]-[0060], see fig. 11, upper acoustic cover 60 and lower acoustic cover 60 are two opposite walls) and the gridding cloths respectively spread on the support pieces (Haibach: fig. 18-19; as gas fabrics or meshes can be provided over all or a portion of one or more of these holes of the plurality of holes 246 and baffle member 248; [0080]-[0081] and [0085]-[0086]; Lathrop: see figs. 8-12; perforated plates 84 supports the dissipative elements to lie within the cavity defined by plates 84 and chamber walls 64; [0066]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Davoine (US 20210001068) in view of Brewster (US 20250082877) and further in view of Speldich (US 20090139348).
Regarding claim 7, the modified device of Davoine discloses
the gas path system (Davoine: gas circuits and casing with blower integrated into a ventilator; Brewster: gas flow paths with various flow components and sensors) according to claim 2,
wherein the main branch gas path module comprises second rectifying piece, a second flow sensor, an oxygen concentration sensor (Brewster: figs. 2-4d, 6a-12c; mixed gas flow path 400 comprising flow conditioner 750, flow sensor 418, and oxygen concentration sensor; [0112], [0118], [0163]-[0164]);, and an air suction connector (air suction connector is being interpreted as an intake connector, see claim interpretation section above; Davoine: fig. 9; gas flow outlet 115; [0116]; Brewster: figs. 2-4d, 6a-12c; mixed gas flow path 400 comprising outlet connector 800; [0168]);
wherein the second rectifying piece is configured to rectify the mixed gas to make the mixed gas flow at a constant speed (Brewster: figs. 2, 6a-7b, and 11a-11b; to mitigate undesirable flows (such as high velocity or turbulent flows), the mixed gas flow path may provide a mixed gas flow conditioner 750 to improve uniformity of mixed gases; [0163]-[0167]);
the second flow sensor is configured to measure a gas flow provided by the main branch gas path module to the air suction connector (Brewster: figs. 2, 6a-7b, and 12a-12c; mixed gas flow sensor 418 which is configured to sense flow rate in the mixed gas flow path 400 which is delivered to the patient through outlet 744 coupled to outlet connector 800; [0113], [0133], and [0146]);
wherein the oxygen concentration sensor is configured to measure an oxygen concentration in the mixed gas provided by the main branch gas path module for the air suction connector (Brewster: an O.sub.2 concentration sensor can be added into one or more paths such as the mixed gas flow path 400 in order to further accurately monitor and control the fraction of oxygen in the mixed gas flow path 400; [0111], [0117]-[0119], where the mixed gas flow path is provided to the patient through outlet 744 coupled to outlet connector 800; [0113], [0133], and [0146]);
the air suction connector is configured to connect the air suction pipeline and the main branch gas path module (Davoine: fig. 9; gas flow outlet 115 connected to a flexible tube (air suction pipeline) feeding a respiratory interface; [0100] and [0116]; Brewster: figs. 2, 6a-7b, and 12a-12c; outlet end 820 of the connector 800 is shown coupled (for example by an interference fit) with a delivery connector 850 which provides a fluid flow path via delivery conduit 852 for gases to be provided to the patient by a patient interface; [0168] and inlet end 810 of the connector 800 is connected to the mixed gas flow path 400 such that mixed air enters the inlet end 810 to the outlet end 820 and to through the delivery connector 850 and delivery conduit 852; [0168]).
The modified device of Davoine does not explicitly disclose wherein the main branch gas path module comprises second rectifying pieces; the second rectifying pieces define the second gas channel.
Speldrich discloses an air flow sensor for measuring flow rate including a pilot tube which can be used for medical ventilator applications (abstract and [0001])
wherein the gas path comprises second rectifying pieces (figs. 1-4; the pilot tube 130 can incorporate upstream and downstream flow straighteners 131 [0031]; see figs. 2 and 3, where the flow straighteners 131 are placed at a downstream end and upstream end of the sensor 300).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the main branch gas path module and flow sensor of the modified device of Davoine to incorporate flow straighteners upstream and downstream of the pilot tube as disclosed in Speldrich such that the flow sensor comprises a flow straightener at an upstream end and a downstream end in order to enhance flow stability (Speldrich: [0031]).
It directly follows that the resultant main branch gas path module of the modified device of Davoine combined with the flow straighteners upstream and downstream as disclosed in Speldrich would meet the claimed structural limitations since:
The modified device of Davoine and Speldrich combined discloses
the second rectifying pieces define the second gas channel (Brewster: figs. 2, 6a-7b, and 11a-11b mixed gas flow conditioner 750 may have a length that spans a distance between the mixed gas inlet 510 and an inlet to mixed gas flow sensor 418, as illustrated in 7A; [0163]-[0167]; Speldrich: figs. 1-4; an additional flow straightener 131 downstream end of flow sensor [0031], as modified at a downstream end of flow sensor 418; therefore, the two flow straighteners define the flow path/channel through the mixed gas flow path 400).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Davoine (US 20210001068) in view of Brewster (US 20250082877) and further in view of Speldich (US 20090139348) and Yang (CN 106693138) and its translation (EspaceNet Translation).
Regarding claim 8, the modified device of Davoine discloses
the gas path system (Davoine: gas circuits and casing with blower integrated into a ventilator; Brewster: gas flow paths with various flow components and sensors; Speldrich: flow straighteners provided upstream and downstream) according to claim 7,
wherein the second rectifying pieces are disposed at two ends of a gas path of the second flow sensor (Brewster: figs. 2, 6a-7b, and 11a-11b mixed gas flow conditioner 750 may have a length that spans a distance between the mixed gas inlet 510 and an inlet to mixed gas flow sensor 418, as illustrated in 7A; [0163]-[0167]; Speldrich: figs. 1-4; an additional flow straightener 131 downstream end of flow sensor [0031], as modified at a downstream end of flow sensor 418; therefore, the two flow straighteners define the flow path/channel through the mixed gas flow path 400).
The modified device of Davoine does not disclose the second rectifying pieces comprise etching dense porous filter screens, and a density of holes on each of the etching dense porous filter screens decreases from a center portion to a periphery thereof.
Yang discloses an oxygen-saving laminar flow oxygen mask comprising
the rectifying piece comprising dense porous filter screens (fig. 4; laminar flow filter plate 9 with a number of through holes 901 which are arranged in an array; [0028]) and a density of holes on each of the dense porous filter screens decreases from a center portion to a periphery thereof (see fig. 4; the plurality of through holes 901 on the laminar flow filter plate 9 are more densely spaced towards the center and become more spaced out towards the periphery).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute each of the flow conditioner and downstream flow straightener of the main branch gas module of the modified device of Davoine with the laminar flow filter plate as disclosed in Yang to yield the predictable results of allowing gas flow to pass through steadily and slowly, thereby, providing laminar flow (Yang: [0028]) .
It directly follows that the resultant flow conditioner and flow straightener of the modified device of Davoine combined with the laminar flow filter plate of Yang would meet the claimed structural limitations since:
The modified device of Davoine and Yang combined discloses
the second rectifying pieces (Brewster: figs. 2, 6a-7b, and 11a-11b mixed gas flow conditioner 750; [0163]-[0167]; Speldrich: figs. 1-4; flow straightener 131 at a downstream end of flow sensor [0031]) comprise etching dense porous filter screens (Yang: fig. 4; laminar flow filter plate 9 with a number of through holes 901 which are arranged in an array; [0028]), and a density of holes on each of the etching dense porous filter screens decreases from a center portion to a periphery thereof (Yang: see fig. 4; the plurality of through holes 901 on the laminar flow filter plate 9 are more densely spaced towards the center and become more spaced out towards the periphery).
While Yang does not explicitly disclose etching the dense porous filter screen, this is considered a product-by-process claim. The cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. The burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2113).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Davoine (US 20210001068) in view of Brewster (US 20250082877) and further in view of Speldich (US 20090139348) and Weckstrom (US 8286504).
Regarding claim 9, the modified device of Davoine discloses
the gas path system (Davoine: gas circuits and casing with blower integrated into a ventilator; Brewster: gas flow paths with various flow components and sensors; Speldrich: flow straighteners provided upstream and downstream) according to claim 7,
The modified device of Davoine does not disclose wherein the first flow sensor and the second flow sensor comprise bidirectional flow sensors; the bidirectional flow sensors comprise gas path channels, throttling pieces, rectifying pieces, and detection pieces; the throttling pieces are respectively disposed in middle portions of the gas path channels; each two of the detection pieces are symmetrically disposed on two sides of each of the throttling pieces; wherein each of the throttling pieces is configured to change a flow cross-sectional area of a gas flow beam so as to generate a pressure difference between the gas flow beam and a changed gas flow beam; wherein each of the rectifying pieces is disposed on an inner wall of a corresponding gas path channel, and is configured to suppress generation of gas turbulence; wherein each two of the detection pieces are configured to measure gas pressures on two sides of each of the throttling pieces, and obtain a corresponding gas flow according to a gas pressure difference between the gas pressures on the two sides of each of the throttling pieces.
Weckstrom discloses a flow sensor arrangement for improving an accuracy of a pressure measurement
wherein the flow sensor comprises a bidirectional flow sensor (fig. 1; flow sensors 14 measure flow in the flow channel 1 in either direction as indicated by the arrows; col. 3, lines 54-55 and col. 4, lines 20-21);
the bidirectional flow sensor comprise gas path channel, throttling piece, and detection pieces (see claim interpretations regarding claim 9 above, fig. 1; the flow sensor 14 comprises a flow channel, a restricting element 3, and two pressure measuring channels 4 that connect to a measuring device 5; col. 3, lines 54-67);
the throttling piece is disposed in a middle portion of the gas path channel (see claim interpretations regarding claim 9 above, see fig. 1, the restricting element is disposed in a middle portion of the flow channel 1);
each two of the detection pieces are symmetrically disposed on two sides of each of the throttling pieces (see fig. 1; the flow channel 1 has two orifices 6 for the two pressure measuring channels 4 which are symmetrically disposed on both sides of the restricting element 3; col. 4, lines 14-16);
wherein the throttling piece is configured to change a flow cross-sectional area (the throttling piece is being interpreted as a change in flow cross-sectional area such as a flow constriction, see 112f interpretation above, see fig. 1; restriction element 3 creates a change in the flow cross-sectional area of the flow channel 1, therefore, restricting the gas flow in flow channel 1; col. 3, lines 55-58) of a gas flow beam so as to generate a pressure difference between the gas flow beam and a changed gas flow beam (the limitation is being interpreted as the throttling piece is used to generate a pressure difference before and after the throttling piece by changing the flow cross-sectional area, see claim interpretation of claim 9 above; see fig. 1; the flow restricting element 3 restricts gas flow in channel 1 such that a pressure difference is created in the flow channel 1; col. 3, lines 54-67 and col. 4, lines 1-6)
wherein each two of the detection pieces are configured to measure gas pressures on two sides of each of the throttling pieces, and obtain a corresponding gas flow according to a gas pressure difference between the gas pressures on the two sides of each of the throttling pieces (fig. 1; the two pressure measuring channels 4 are differential pressure measurement channels which are disposed on both sides of the restricting element 3 to measure a pressure difference between the two pressure measuring channels 4 of the gas flowing through the flow channel 1; col. 3, lines 54-67 and col. 4, lines 1-6; col. 4, lines 13-18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute each of the flow sensors of the modified device of Davoine with the flow sensor as described in Weckstrom to have a flow rate arrangement that improves an accuracy of a pressure measurement and yield the predictable result of using the differential pressure of a gas flow that is measured of the restriction to indicate a measured flow rate (Weckstrom: abstract and col. 3, lines 43-53).
It directly follows that the resultant flow sensors of the modified device of Davoine combined with the flow sensor arrangement of Weckstrom would meet the claimed structural limitations since:
The modified device of Davoine and Weckstrom combined discloses
wherein the first flow sensor (Brewster: figs. 2-4d and 6a-9; O.sub.2 flow sensor 218 which is configured to sense flow rate in the O.sub.2 flow path 200 [0113]) and the second flow sensor (Brewster: figs. 2, 6a-7b, and 12a-12c; mixed gas flow sensor 418 which is configured to sense flow rate in the mixed gas flow path 400; [0113]) comprise bidirectional flow sensors (Weckstrom: fig. 1; flow sensors 14 measure flow in the flow channel 1 in either direction as indicated by the arrows; col. 3, lines 54-55 and col. 4, lines 20-21).
Kalfon discloses a ventilator with a differential pressure bridge comprises two pressure measurement ports 66, 68 coupled to a sensor (acting as a flow sensor) and further comprises gas rectifying pieces (the rectifying pieces are being interpreted as a flow straightener, see 112f interpretation above; see fig. 8, stabilizing flow wings 56 which reduce turbulence/straighten flow; [0046]-[0047], it is noted that 58 on fig. 8 of Kalfon appears to be 56 in the specification);
wherein the rectifying pieces is disposed on an inner wall of a corresponding gas path channel (see fig. 8, the inner wall of the differential pressure bridge comprises stabilizing flow wings 56; [0046]-[0047]), and is configured to suppress generation of gas turbulence (fig. 8; the differential pressure bridge includes stabilizing flow wings 56 to reduce turbulence; [0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify each of the bi-directional flow sensors of the modified device of Davoine with the stabilizing flow wings as disclosed in Kalfon to reduce turbulence and improve sensor reliability, therefore, enhancing the accuracy of the flow sensor (Kalfon: [0047]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Romano (US 9157774) – a differential pressure sensor with flow directors 51 and 52 on the flow body that is positioned on either side of flow director 50
Becke (US 7520051) – a bi-directional flow sensor with a flow restriction mechanism in order to minimized the amount of turbulent flow within the flow tube
Desilva (US 20150000655) – A flow sensor that includes a flow restriction 410 that is comprised of a porous disk such that the pressure drop can be used to determine the true flow rate
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/S.R.R./Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
