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`Date in:
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`In re application of:
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`Brenton Taylor et a1
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`Conf.# 3434
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`Alt Unit: 3771
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`Application. No. 13/066,716
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`Examiner: Stanis, Timothy A.
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`Filed: 04/22/2011
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`For: A Gas Concentrator with Removable Cartridge Adsorbent Beds
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`RESPONSE TO FINAL ACTION W’ITH RCE
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`Mail Stop Amendment
`Commissioner for Patents
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`PO Box 1450
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`Alexandria, VA 22313—1450
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`In response to the Office Action mailed 06/l 1/2014, please accept the following
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`amendments and remarks with RCE. A petition for a 3—month extension of time and
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`appropriate fee are included. Replacement drawing sheets are also included
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`Page 1 of 13
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` WiTNESS
`333-1 ‘5 ails/tango l V
`1
`16k
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`q" r '
`DATE
`VIVIAN LANE, 038 ' 1' '
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`Page 1
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` 16
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`Exhibit 2016
`Page 1
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`The following listing of claims replaces all previous listings:
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`LISTING OF CLAIMS
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`1. cancelled
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`2.
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`(previously presented) The portable oxygen concentrator of
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`claim 33 wherein the concentrator weighs less than about 8
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`pounds.
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`3. cancelled
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`4. cancelled
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`5.
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`(Withdrawn) The concentrator of claim 3 wherein the battery
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`mounts to the instrumentation section and prevents removal of the
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`adsorbers while the battery is attached.
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`6. cancelled
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`Exhibit 2016
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`Exhibit 2016
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`1
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`7.
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`(currently amended) The adeerber—reeepeaele concentrator of
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`claim 33 wherein the inlet and outlet ports for mating with a user
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`replaceable adsorber are disposed so that the inlet and outlet
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`ports are coaxial to the flow through the adsorber and are open to
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`the inlet and outlet ports of the adsorber.
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`8.
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`(currently amended) The adeerber—reeeptaeée concentrator of
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`claim 33 wherein at least one of the inlet or outlet connectors
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`insert beyond an adsorber radial seal by at least 0.030 inches.
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`9.
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`(currently amended) The adserberebeas concentrator of claim 33
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`wherein the inlet and outlet ports contain at least one radial
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`seal.
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`10.
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`(currently amended) The aeserberwbeas concentrator of claim 33
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`wherein the leak rate of the gas
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`connectors is less than about 10
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`Standard Cubic Centimeters per Minute
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`at the maximum rated
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`operating pressure of the adsorber.
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`11,
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`(currently amended) The
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`concentrator of claim a _§ wherein
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`the adsorber receptacle gas connectors are connected to the air
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`control valve by compliant pressure members.
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`Pag63r0f13
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`Exhibit 2016
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`Page 3
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`Exhibit 2016
`Page 3
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`Express Mail Label:
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`12.
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`(currently amended) The portable oxygen concentrator of claim
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`33 wherein the adsorbs: retention mechanisms comprises a sliding
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`spring loaded plunger and the corresponding retention mating
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`hardware comprises a
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`receptacle which mates with the spring
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`loaded plunger, wherein the spring loaded plunger snaps into the
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`receptacle when the adsorber is mated to the adsorber receptacle
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`thereby retaining the adSOrber and actuation of the spring loaded
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`plunger releases the adSOrber.
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`13.
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`(currently amended) The retentien—meehanism concentrator in
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`claim 12 wherein the reteaeien actuation force of the release
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`meehaniemespring loaded plunger is less than about 25 Newtons.
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`14.
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`(currently amended) The eetentienemeehanesm concentrator of
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`release the adsorber.
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`15.
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`(Withdrawn) The portable oxygen concentrator of claim 4
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`wherein one of the platform or adsorber retention mechanisms
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`comprises a screw operated tab and the mating retention mechanism
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`comprises a slot which mates with the tab, wherein the tab is
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`Exhibit 2016
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`Exhibit 2016
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`EXpress Mail Label:
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`rotated into the slot when the adsorber is mated to the plathrm
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`thereby retaining the adsorber and reverse rotation of the tab
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`releases the adsorber.
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`16.
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`(previously presented) The
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`concentrator of claim 11 wherein
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`the adsorber receptacle gas connectors are directly connected to
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`the compliant members, and when connected to the compliant members
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`are held in place by a housing mounting element structurally
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`independent from the receptacle gas connector.
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`17.
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`(Withdrawn) The portable oxygen concentrator of claim 4
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`wherein the platform retention mechanism comprises a push button
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`actuated spring loaded plunger and the adsorber retention mating
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`hardware comprises a slot which mates with the plunger, wherein
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`the spring loaded plunger snaps into the slot when the adsorber is
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`mated to the platform thereby retaining the adsorber and push
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`button actuation of the plunger releases the adsorber.
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`18.
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`(Withdrawn) The push button actuator of claim 17 wherein the
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`adsorber is released with less than about 25 Newtons of force
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`applied to the push button.
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`Exhibit 2016
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`19.
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`(Withdrawn) The retention mechanism of claim 17 wherein the
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`push button is finger actuated to release the adsorber.
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`20.
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`(Withdrawn) The system of claim 17 wherein the removable
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`adsorber mates to the instrument section in an axis perpendicular
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`to the flow of gas through the column.
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`21.
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`(Withdrawn) The portable oxygen concentrator of claim 4
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`wherein the platform retention mechanism comprises a threaded
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`adsorber and threaded adsorber receptacle.
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`22-
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`(Withdrawn) The portable oxygen_concentrator of claim 21
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`wherein the inlet and Outlet ports are coaxial and located on one
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`end of the adsorber.
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`23.
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`(Withdrawn) The portable oxygen concentrator of claim 22
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`wherein the adsorber or the adsorber receptacle have radial seals
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`that enable the sealing of the gas connection in any rotational
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`orientation around the center axis of the adsorber.
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`Page 6 ofl3
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`Exhibit 2016
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`Exhibit 2016
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`24.
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`(Withdrawn) The portable oxygen concentrator of claim 4
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`wherein the adosrber is retained to the receptacle by a twist to
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`lock mechanism.
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`25.
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`(Withdrawn) The portable oxygen concentrator of claim 24
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`wherein the twist lock is engaged by less than about 180 degrees
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`of rotation.
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`26.
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`(Withdrawn) The portable oxygen concentrator of claim 24
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`wherein the inlet and outlet ports are coaxial and located on one
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`end of the adsorber.
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`27.
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`(Withdrawn) The portable oxygen concentrator of claim 3
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`wherein the platform retention mechanism comprises a hinged cover,
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`wherein the hinged cover snaps into place when the adsorber is
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`mated to the platform thereby retaining the adsorber, and opening
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`the cover releases the adsorber.
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`28.
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`(Withdrawn) The portable Oxygen concentrator of claim 27
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`wherein the hinged cover can be disengaged with less than about 25
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`Newtons of force.
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`29.
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`(Withdrawn) The retention mechanism of claim 27 wherein the
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`hinged cover can be opened by a finger to release the adsorber.
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`30.
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`(Withdrawn) The portable oxygen concentrator of claim 4
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`wherein one of the inlet or Outlet ports is rigidly mounted to the
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`receptacle by any of a twist to lock or threaded engagement and at
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`least one of the inlet of outlet port connections is made by
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`attaching a flexible tube to the port.
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`31.
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`(previously presented) The concentrator of claim 33 wherein at
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`least one of the adsorber receptacle gas connectors
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`are directly
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`connected to the air control valves on a manifold.
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`32-
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`(previously presented) The concentrator of claim 33 wherein
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`the gas connectors are sealed by o-ring seals.
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`33.
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`(currently amended) A portable oxygen concentrator,
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`comprising:
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`a housing,
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`a controller,
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`a user interface,
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`Exhibit 2016
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`Exhibit 2016
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`at least one compressor, air control valve, and air
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`filter,
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`a patient delivery apparatus,
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`at least one adsorber receptacle comprising inlet
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`and outlet gas connector ports, wherein the receptacle
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`and gas ports are user accessible from the exterior of
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`the fully assembled concentrator;
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`and;
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`at least one user replaceable adsorber bed configured to be
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`accessible from the exterior of the concentrator comprising;
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`a nitrogen selective adsorbent material; and,
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`disconnectable pressure sealed gas connectors for mating to
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`eke adsorber receptacle inlet and outlet connectors, wherein;
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`the adsorber receptacle and adsorber beds comprise a mating
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`adsorber retention mechanism configured to releasibly mate an
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`adsorber bed to an adsorber receptacle wherein the retention and
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`release of the adsorber is operable from the exterior of the
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`concentrator,
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`wherein;
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`the concentrator weighs less than 10 pounds, produces less than 45
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`dba decibels acoustic noise when operating, and has an output gas
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`flow of 5 epm liters per minute or less and has a rechargeable
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`battery capable of running the concentrator for greater than 2
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`hours.
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`34.
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`(previously presented)
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`Che concentrator of claim 33 wherein
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`the retention mechanisms are hand—operable.
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`Exhibit 2016
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`Exhibit 2016
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`REMARKS
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`The drawings are objectcd to by the examiner. Replacement sheets are provided herein to add
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`connector lines. Applicants are still not certain of what the examiner desires, are connection lines to
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`be added, and if so are the lines added with the current response what the Examiner desires? If
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`connection lines are added than labeling the figures does not seem desirable as the addition of both
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`the labels and the connection lines is confusing. Does the Examiner still require additional figure
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`labels, or was the latest objection an either/or request? Clarification is requested
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`As to the claim objections. Claim 1. has been. objected to. Claim l. is cancelled, assuming claim 33
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`is referred to. The abbreviations have been. written out. As to claims .12 and 14, “spring loaded”
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`has been added in two places and the typo for an occurrence of adsorber has been corrected. As to
`claim 13, the actual claim language objected to by the examiner is in fact not the intended wording
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`and the claim has been rewritten as intended.
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`As to the 112 rejections. 1n claim 33 the ports are on the concentrator main unit and the inlets and
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`outlets are on the replaceable adsorber beds, so these are separate items that mate to each other, ie
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`inlet to port, so only minimal correction is necessary. As to claim 34, more than one retention
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`mechanism is allowed by claim 33, so plural is correct. As to claim 3, which has been cancelled,
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`assume claim 8 is meant. See comment above on claim 33 for claim 8, which also applies to claim
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`11. As to claim 12, see comment above on claim 34 above. Claim 11 has been amended to depend
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`from claim 33, which addresses the rejection of claim 16. Claims 7 — 10 and ‘l 3 — 14 have been
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`amended to address the rejections.
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`As to the 102 rejection, the Examiner is asked to review fig 5 and para 28 of the current application.
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`In this paragraph, a removable adsorber bed 21 is defined, including a casing for the zeolite
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`adsorber 214, adsorber material compression springs 21c, fiit filter 21d, gas connections 211 and
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`212, and retention mechanism 214. Retention mechanism is of a design that allows for non-expert
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`removal of adsorber 21 from the outside of the concentrator as is explained at length in the
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`specification.
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`Thus element 21 is the object that is designed for non-expert field replacement. For reasons of cost
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`and simplicity of Operation, it is the replacement of this specific system component that is the goal
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`of the current application and this component 21 is clearly understood as the adsorber referred to in
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`claim 33. This meaning of the claim language is very clear from the specification, claims and
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`drawings.
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`The Examiner asserts that adsorber cartridge 230/206 from Jagger is equivalent to Applicants”
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`object 2l. This assertion is in error. Referring to Jagger Figures 15 and 16, and paragraphs 112 to
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`114, the equivalent object in Jagger to 21 of Applicants are the three columns one of Which is
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`identified as the assembly of items 280c, 284c, 130, 132, 2284f, and 280f, 136, and 138 a
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`combination of container 130, adsorber material 282 (not actually shown but described in
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`specification as being in container 130) and end cap structures with gas ports, inlet air filters and
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`output product gas final filters (136 and 138 respectively). Springs 286C are not analogous to the
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`Applicants’ springs as Jagger’s springs are used external to the adsorber column 130 end caps.
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`These adsorber columns of Jagger are neither disposed to the outside of the concentrator housing
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`nor are they retained by an actuator available on the outside. Jagger’s columns are completely
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`enclosed by cartridge 206/230, see fig 15 and, see Fig. 7 and para 83, fiirther enclosed by cartridge
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`receptacle 116 when in use. The equivalent items in Jagger are twice removed from the outside of
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`the concentrator, and have no user operable retention mechanism at all, much less available from
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`the outside of the concentrator, as they are assembled intricately within the cartridge assembly.
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`It is very clear from Jagger that cartridge 206/230 may be removable, but this complex unit,
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`containing significant plumbing, all three of the beds and other hardware, is hardly structurally
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`equivalent to the adsorber 21 of the current invention. And in fact it contains three corresponding
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`non-replaceable items and a lot more. It is also clear from the figures and description. that access to
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`adsorber Columns within the cartridge is not intended, as the columns are assembled in a complex
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`fashion into, and fully enclosed twice over, to the cartridge and receptacle. Thus the 102 rejection
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`is in error because neither the location nor access to the adsorber columns of Jagger meets the
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`limitations of Applicants’elaim 33 for corresponding elements of the two systems.
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`Respectfully,
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`/Mark Rodoers/
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`_
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`Mark Rodgers
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`Reg. No. 55,579
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`Date: 12/ 10/2014
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