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 .
Specification
The disclosure is objected to because of the following informalities: Paragraph [0002], line 9, “breath” should be “breathe”. Paragraph [0040], line 11, “humified” should be “humidified”. Paragraph [0046], line 3, “FIG. 6” should be “FIG. 8”. Paragraph [0046], line 7, “example back side of FIG. 8, the back side includes” should be “example front side of FIG. 7, the front side includes”. Paragraph [0048], line 2, “back side. While shown on only the back side” should be “front side. While shown on only the front side”. Paragraph [0053], line 5, “FIG. 12” should be “FIG. 16”. Paragraph [0055], line 10, “incase” should be “in case”. Paragraph [0059], line 2, “no charged” should be “not charged”. Paragraph [0059], lines 4-5, “level of level of stored power” should be “level of stored power”. Paragraph [0061], line 4, “prevent” should be “prevents”. Paragraph [0062], line 1, “unable to muted” should be “unable to be muted”. Paragraph [0064], line 7, “charger 266” should be “charger 266.”. Paragraph [0066], line 5, “battery back” should be “battery pack”. Paragraph [0067], line 3, “operation 340” should be “operation 345”. Paragraph [0067], lines 3-4, “operation 330” should be “operation 335”. Paragraph [0067], line 4, “operation 335” should be “operation 340”. Paragraph [0067], line 5, “battery back” should be “battery pack”. Paragraph [0067], line 8, “operation 340” should be “operation 345”. Paragraph [0068], line 3, “operations 345” should be “operation 350”. Paragraph [0068], line 4, “battery back” should be “battery pack”. Paragraph [0069], line 3, “to detect” should be “detects”. Paragraph [0069], lines 3-4, “may determine the detect the power level” should be “may detect the power level”. Paragraph [0070], line 6, “the operations 430, 435, 440 until the” should be “the operations 430, 435, 440 are performed until the”. Paragraph [0071], line 8, “an external power is connected” should be “an external power source is connected”.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 132 in Figure 6 (see paragraph [0030], line 6 in the specification); 198 in Figure 8 (see paragraph [0043], lines 5-6); 200 in Figure 18 (see paragraph [0043], line 6); 288 in Figure 20 (see paragraph [0063], line 3); 300 in Figure 21 (see paragraph [0065], line 2; and 400 in Figure 22 (see paragraph [0069], lines 1-2). 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. 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
Claims 1-5, 9, 15-16, and 19 are objected to because of the following informalities: Claim 1, line 8, “the power supply” lacks proper antecedent basis. Claim 2, line 2, “110v” should be “110V”. Claim 3, lines 1-2, “the power supply” lacks proper antecedent basis. For examination purposes, it has been assumed that the uninterruptible power supply system comprises a power supply, which comprises a battery pack. Claim 3, line 3, “the power supply” lacks proper antecedent basis. Claim 4, line 1, “further including a warning system” should be “wherein the warning system” since claim 1 recites the warning system. Claim 4, line 2, “for indicating a level of stored energy” should be “indicates a level of stored energy”. Claim 4, line 2, “the power supply” lacks proper antecedent basis. Claim 5, lines 2-3, “level of level of” should be “level of”. Claim 9, line 2, “mount adapter” should be “mounting adapter”. Claim 15, line 2, “the power supply” lacks proper antecedent basis. Claim 16, lines 2-3, “the power supply” lacks proper antecedent basis. Claim 19, line 3, “applied to uninterruptible power supply” should be “applied to the uninterruptible power supply”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 12, 20, 23, and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the international patent application publication of Panarello et al. (WO2017/193168).
As to claim 1, Panarello discloses an uninterruptible power supply system
comprising: a housing (170; see paragraph [0044], line 3 and Figure 1A); at least one input port (130) configured to provide power to a respiratory device (PAP device) (see paragraph [0044], lines 2-4 and Figure 1A); at least one output port configured to provide power to a respiratory device (PAP device) (see paragraph [0044], lines 2-4 and Figure 1A); a battery pack (102) contained within the housing (see paragraph [0044], line 3 and Figure 1A); a power supply circuit configured to selectively bypass the battery pack (102) and enable the power from the external power source to provide power to the respiratory device, while allowing power to charge the battery pack of the power supply (see paragraph [0052], lines 1-2); and a warning system configured to provide an indication of the power level of the battery pack (102) (see paragraph [0053], lines 7-8, and paragraph [0060], lines 1-6; software may implement functions for monitoring for alert conditions or errors).
As to claim 12, Panarello discloses a display (120) positioned on the housing (170) and the display configured to display the remaining percentage of power (see paragraph [0044], lines 7-9 and Figure 3A).
As to claim 20, the power supply system does not include a fan (see Figures 1A-3B, the system has no fan).
As to claim 23, Panarello discloses an uninterruptible respiratory system comprising: a respiratory device including a hose and a mask, the respiratory device configured to provide heated pressure through the hose to the mask (see paragraph [0012], lines 3-4; the patient interface may include a mask or a tracheostomy tube); and a power supply including: a housing (170; see paragraph [0044], line 3 and Figure 1A); at least one input port (130) configured to receive power from an external power source (see paragraph [0044], lines 2-4 and Figure 1A); at least one output port configured to provide power to a respiratory device (PAP device) (see paragraph [0044], lines 2-4 and Figure 1A); a battery pack (102) contained within the housing (see paragraph [0044], line 3 and Figure 1A); a power supply circuit configured to selectively bypass the battery pack (102) and enable the power from the external power source to provide power to the respiratory device, while allowing power to charge the battery pack of the power supply (see paragraph [0052], lines 1-2); a warning system configured to provide an indication of the power level of the battery pack (102) (see paragraph [0053], lines 7-8, and paragraph [0060], lines 1-6; software may implement functions for monitoring for alert conditions or errors); and a controller configured to operate the warning system (see paragraph [0053], lines 7-8, and paragraph [0060], lines 1-6, software may implement functions for monitoring for alert conditions or errors).
As to claim 24, Panarello discloses an uninterruptible battery pack comprising a housing (170; see paragraph [0044], line 3 and Figure 1A); at least one input port (130) configured to receive power from an external power source (see paragraph [0044], lines 2-4 and Figure 1A); at least one output port configured to provide power to a respiratory device (PAP device) (see paragraph [0044], lines 2-4 and Figure 1A); a battery pack (102) configured to receive power from an external power source through the input port (see paragraph [0044], line 3 and Figure 1A); a power supply circuit configured to selectively bypass the battery pack (102) and enable the power from the external power source to provide power to the respiratory device, while allowing power to charge the battery pack of the power supply (see paragraph [0052], lines 1-2); a warning system configured to provide an indication of the power level of the battery pack (102) (see paragraph [0053], lines 7-8, and paragraph [0060], lines 1-6; software may implement functions for monitoring for alert conditions or errors); and a controller configured to operate the warning system, a bypass, and charging of the power within the power supply circuit (see paragraph [0053], lines 7-8, and paragraph [0060], lines 1-6, software may implement functions for monitoring for alert conditions or errors).
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 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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Panarello.
As to claim 2, Panarello discloses all of the claimed features, as set forth above,
except for the power supply system having a weight of no greater than 5 lbs. and receiving an AC power of 110V or 230V; however, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have provided the power supply system with a weight of no greater than 5 lbs. and receiving an AC power of 110V or 230V because selections of values of components and operational levels for an electronic device are engineering decisions based upon the system’s intended use and the expected requirements of the other systems with which it will interface. See MPEP §2144.04(IV)(A). In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Panarello in view of the international patent application publication of England et al. (WO 2023/152496).
As to claim 8, Panarello discloses all of the claimed features, as set forth above,
except for the housing being flame-retardant. England discloses a respiratory device with a housing that is flame-retardant (see page 3, lines 1-4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use a flame-retardant housing, as taught by England, in order to prevent combustion of the respiratory device.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Panarello in view of the US patent application publication of Waltzing (2019/0257577).
As to claim 10, Panarello discloses all of the claimed features, as set forth above,
except for a cooling system using solid state Peltier cooling. Waltzing discloses a cooling system using solid state Peltier cooling (see paragraph [0002], lines 4-8). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have used a cooling system configured to use solid state Peltier cooling in the system of Panarello, because it does not use refrigerants and therefore is better for the environment.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Panarello in view of the international patent application publication of Baek et al. (WO 2020/243024).
As to claim 15, Panarello discloses all of the claimed features, as set forth above,
except for a cover for protecting the housing of the power supply. Baek discloses a respiratory device with a housing and a cover (50) for protecting the housing (the cover protects the mouthpiece, which is part of the housing) (see page 11, lines 16-17). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to have used a cover as taught by Baek in the system of Panarello, in order to provide protection for part or all of the housing.
Claim(s) 17, 18, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Panarello in view of the US patent application publication of Ting (2025/0350111).
As to claim 17, Panarello discloses all of the claimed features, as set forth above,
except for a first AC input port and a DC input port. Ting discloses a power supply system with a first AC input port and a DC input port (multiple AC input ports and multiple DC input ports) (see paragraph [0006], lines 1-4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have made the system of Panarello with a first AC input port and a DC input port, in order to use the system with both AC and DC external power supplies.
As to claim 18, Ting discloses a first AC output port and a second output port (outlets, see Figure 1).
As to claim 21, the DC input ports of Ting can receive solar power from the external power source (see paragraph [0006], lines 7-9).
Allowable Subject Matter
Claims 3-7, 9, 11, 13-14,16, 19, and 22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 3 contains allowable subject matter because none of the prior art of record
discloses or suggests a circuit of the power supply including a current sensor configured to detect when power is not being received through the AC power input and supplying AC power from the power supply to a connectable external device, in combination with the remaining claimed features.
Claim 4 contains allowable subject matter because none of the prior art of record discloses or suggests the warning system indicating a level of stored energy of the power supply, the warning system including a plurality of lights, the plurality of lights indicating the level of stored energy of the power supply and each light indicating different levels of stored energy, in combination with the remaining claimed features.
Claims 5-7 contain allowable subject matter because none of the prior art of record discloses or suggests the warning system including a plurality of alarms, each alarm being a different audible noise and indicating a different level of stored energy, the warning system configured to begin one of the alarms when a predetermined level of stored energy is reached, in combination with the remaining claimed features.
Claims 9 and 19 contain allowable subject matter because none of the prior art of record discloses or suggests a mounting adapter attached to the housing, and the mounting adapter is joinable with a bracket on a stand for joining the power supply to the stand, in combination with the remaining claimed features.
Claim 11 contains allowable subject matter because none of the prior art of record discloses or suggests the cooling system including two Peltier coolers, a first Peltier cooler positioned between a top side of the housing and the battery pack, and a second Peltier cooler positioned between a bottom side of the housing and the battery pack, in combination with the remaining claimed features.
Claims 13-14 contain allowable subject matter because none of the prior art of record discloses or suggests the housing including locking loops capable of allowing locking members to be inserted through the locking loops and around a cable connectable within the at least one of the input port or the output port to hold the cable within the input port or output port, in combination with the remaining claimed features.
Claim 16 contains allowable subject matter because none of the prior art of record discloses or suggests the power supply circuit configured to bypass power from the input port to the respiratory device without recharging the power supply when the portable power supply is fully charged, in combination with the remaining claimed features.
Claim 22 contains allowable subject matter because none of the prior art of record discloses or suggests the uninterruptible power supply system configured to be daisy chained to increase total available power during transport, in combination with the remaining claimed features.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAL KAPLAN whose telephone number is (571)272-8587. The examiner can normally be reached 9:30AM-5:00PM.
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/HAL KAPLAN/Primary Examiner, Art Unit 2836
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