DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-25 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kenyon et al. (U.S. 2008/0072900) in view of Cook (U.S. 4,500,008). Kenyon et al. teaches a breathing assistance apparatus 150 comprising a main body 602 comprising a cavity (figure 14), a lid 648 comprising a top surface (figure 3) comprising an opening at 662 configured to receive at least one or more of a user's fingertips.
Kenyon et al. discloses the claimed invention except for the locking feature including a button member. Cook teaches that it is known to provide a housing with a locking feature including a button member (see figure 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the breathing apparatus of Snow et al. with the locking feature of Cook, in order to provide a secure connection that requires force to disconnect.
The modified apparatus of Kenyon et al. further teaches a front portion (shown in figure 3) comprising a recess (as modified by Cook; shown adjacent lead line 21 in figure 2 of Cook) for receiving a button member (18 of Cook), wherein the button member has an exterior surface (at 25 of Cook) with a length to accommodate a user's thumb (figures 1 and 2 of Cook), a back portion (at 622 in figure 3 of Kenyon et al.) positioned on an opposing side to the front portion of the lid (figure 3 of Kenyon et al.), and wherein the lid 648 is configured to rotate between an opened position and a closed position (about hinge at 658; figure 17), wherein the closed position is configured to close the cavity (figure 3), a hinge assembly 658, 622 positioned on the back portion of the lid (figure 3), wherein the hinge assembly movably connects the lid to the main body (paragraph [0182]), wherein the lid is secured to the main body when the button member is not engaged (by the user), wherein the button member is configured to move relative to the recess in a direction toward and away from the hinge assembly (by compression of 21 of Cook), and wherein the lid is movable between the closed position and an open position by a user simultaneously applying a force to engage the button member (see force line 24 of Cook) and securing the opening with at least one or more of the user's fingertips.
Regarding claim 3, the button member (of Cook) is spring-biased (by element 21 of Cook) away from the hinge assembly.
Regarding claim 4, the button member (of Cook) comprises an internal structure (surrounding 12 of Cook) configured to engage a housing (at 15 of Cook) positioned on an underside of the lid, wherein the internal structure is movable relative to the housing (upon pivoting the lid), and wherein the housing comprises a compression member (12 of Cook) for engaging with the internal structure.
Regarding claim 5, the compression member (12 of Cook) comprises a spring (“spring” is defined as an elastic body or device that recovers its original shape when released after being distorted; 12 of Cook meets this definition).
Regarding claim 6, the internal structure comprises at least one post (shown between elements 18 and 14 in figure 2 of Cook) extending within the housing and configured to move relative to the housing.
Regarding claim 7, the internal structure comprises a retention structure (at 22 of Cook) configured to retain the button member within the recess of the front portion of the lid (figure 2 of Cook).
Regarding claim 8, Kenyon et al. teaches a breathing assistance apparatus 150 comprising a main body 602 comprising a cavity (figure 14), a lid 648 comprising a top surface (figure 3) comprising an engagement portion 662 configured to receive at least one or more of a user's fingertips.
Kenyon et al. discloses the claimed invention except for the locking feature including a button member. Cook teaches that it is known to provide a housing with a locking feature including a button member (see figure 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the breathing apparatus of Snow et al. with the locking feature of Cook, in order to provide a secure connection that requires force to disconnect.
Further regarding the modified apparatus of Kenyon et al., a front portion (shown in figure 3) comprising a recess (as modified by Cook; shown adjacent lead line 21 in figure 2 of Cook) for receiving a button member (18 of Cook), a back portion (at lead line 622) positioned on an opposing side to the front portion of the lid (see figure 17), and wherein the lid is configured to rotate between an opened position and a closed position (about hinge at 658), wherein the closed position is configured to close the cavity (figure 3), a hinge assembly 622, 658 positioned on the back portion of the lid (figure 17), wherein the hinge assembly movably connects the lid to the main body (paragraph [0182]), and wherein the button member (18 of Cook) is configured to move relative to the recess in a direction toward and away from the hinge assembly (with compression of 21 of Cook).
Regarding claim 9, the lid is secured to the main body when the button member is not engaged (by the user).
Regarding claim 10, the lid is movable between the closed position and an open position (by pivoting movement) by a user simultaneously applying a force to engage the button member (see force arrow at 24 of Cook) and securing the engagement portion with at least one or more of the user's fingertips (to aid in the pivoting motion).
Regarding claim 11, the button member (18 of Cook) has an exterior surface with a length to accommodate a user's thumb (figures 1 and 2 of Cook).
Regarding claim 12, the engagement portion comprises a lip, a ridge, a protrusion, or a recess (shown in figure 3 to be a lip).
Regarding claim 13, the recess (at lead line 21 of Cook) provides a linear translation of the button member (18 of Cook) relative to the lid.
Regarding claim 14, the button member (18 of Cook) is spring-biased (by 21 of Cook) away from the hinge assembly.
Regarding claim 15, the button member (18 of Cook) comprises an internal structure (shown between 18 and 14 of Cook) configured to engage a housing positioned on an underside of the lid (figure 2 of Cook), wherein the internal structure is movable relative to the housing (when pivoting the lid), and wherein the housing comprises a compression member (12 of Cook) for engaging with the internal structure.
Regarding claim 16, the compression member (12 of Cook) comprises a spring (“spring” is defined as an elastic body or device that recovers its original shape when released after being distorted; 12 of Cook meets this definition).
Regarding claim 17, the internal structure comprises at least one post (shown between elements 18 and 14 of Cook) extending within the housing and configured to move relative to the housing (with pivoting motion of lid).
Regarding claim 18, the internal structure comprises a retention structure (22 of Cook) configured to retain the button member within the recess of the front portion of the lid (figure 2 of Cook).
Regarding claim 19, the recess is positioned closer to the front portion of the lid than the back portion of the lid (both locking structures of Kenyon et al. and Cook are located opposite the back portion of the lid).
Regarding claim 20, the recess is positioned to allow a hand of a user to engage both the recess and the button members simultaneously (figures 1 and 2 of Cook).
Regarding claim 21, the recess comprise walls that are flat (figure 2 of Cook).
Regarding claim 22, the recess comprises a rearward facing wall (inner surface of 17 of Cook).
Regarding claim 23, Kenyon et al. teaches a lid 648 of a breathing assistance apparatus 150, the lid 648 and a main body 602 selectively enclosing a cavity configured to hold a body of liquid (figure 14), the lid 648 comprising a top surface (shown in figure 3) comprising an engagement portion (figure 17).
Kenyon et al. discloses the claimed invention except for the locking feature including a button member. Cook teaches that it is known to provide a housing with a locking feature including a button member (see figure 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the breathing apparatus of Snow et al. with the locking feature of Cook, in order to provide a secure connection that requires force to disconnect.
Further regarding claim 23, the modified apparatus of Kenyon et al. teaches a front portion (shown in figure 3) comprising a recess (at lead line 21 of Cook) to receive a button member (18 of Cook), a back portion (at 622 of Kenyon et al.) positioned on the lid opposite of the front portion of the lid, wherein the back portion is configured to receive a hinge assembly at 658 for securing the lid to the breathing assistance apparatus, wherein the button member (18 of Cook) is positioned on an opposing side of the lid relative to the hinge assembly (both locking structures of Kenyon et al. and Cook are located opposite the back portion of the lid), and wherein the button member (18 of Cook) is configured to move in a direction toward and away from the hinge assembly (with compression of 21 of Cook).
Regarding claim 24, the lid 648 is secured to the main body of the breathing assistance apparatus 150 when the button member is not engaged (by the user), and wherein the lid is disengaged from the main body of the breathing assistance apparatus by a user simultaneously applying a force to engage the button member (18 of Cook) and securing the engagement portion with at least one or more of a user's fingertips (to aid in moving the lid in the pivoting motion).
Regarding claim 25, the button member (18 of Cook) comprises an internal structure comprising at least one post (between 18 and 14 of Cook) extending within a housing positioned on an underside of the lid, wherein the at least one post is movable relative to the housing (with pivoting motion of the lid), a compression member (12 of Cook) positioned within the housing and is configured to engage the at least one post (figure 2 of Cook), and a retention structure (17 of Cook) configured to retain the button member within the recess of the front portion of the lid (648 of Kenyon et al., as modified by Cook).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art is cited for the locking feature.
THIS ACTION IS NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736