PTAB

IPR2019-00177

ResMed Ltd v. Fisher & Paykel Healthcare Ltd

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Petition
petition

1. Case Identification

2. Patent Overview

  • Title: Breathing Assistance Apparatus
  • Brief Description: The ’914 patent discloses a nasal cannula for delivering positive pressure gases, such as in Continuous Positive Airway Pressure (CPAP) therapy. The apparatus comprises a "prong part" with two nasal prongs and a "body part," with the claims focusing on the specific geometry of these components, including curved surfaces and prong orientation, to create a stable and comfortable seal on a user's face.

3. Grounds for Unpatentability

Ground 1: Claims 1-10 and 25-27 are obvious over Sleeper in view of Wood.

  • Prior Art Relied Upon: Sleeper (Application # 2005/0028822) and Wood (Patent 6,478,026).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that Sleeper disclosed the fundamental structure of the claimed nasal cannula, including a "prong part" (top housing) and a "body part" (bottom housing) that connect to form the device. Sleeper’s prong part was shown to have curved segments on its user-facing side to conform to the patient's face. However, Sleeper did not explicitly disclose the claimed orientation where the "first sides" of the prongs (adjacent to the user-facing curved segment) are disposed further apart than the "second sides." Wood was argued to supply this missing element, as it taught using oval-shaped nasal apertures arranged in an angular orientation to match the natural anatomy of a patient's nostrils, which improves comfort and sealing. This orientation inherently results in the user-facing sides of the prongs being spaced further apart.
    • Motivation to Combine: A POSITA would combine Wood’s teaching on prong orientation with Sleeper’s cannula design for the predictable benefits of improved patient comfort and a more effective seal with minimal gas leakage. This was presented as applying a known technique (anatomically-correct prong orientation) to a similar device (Sleeper's cannula) to solve a known problem (discomfort and poor sealing).
    • Expectation of Success: Petitioner asserted that a POSITA would have had a high expectation of success, as the combination required only minor, predictable mechanical modifications to Sleeper’s design to achieve the well-understood benefits taught by Wood.

Ground 2: Claims 7 and 10 are obvious over Sleeper in view of Wood and Gunaratnam.

  • Prior Art Relied Upon: Sleeper (Application # 2005/0028822), Wood (Patent 6,478,026), and Gunaratnam (Application # 2004/0226566).
  • Core Argument for this Ground:
    • Prior Art Mapping: This ground built upon the combination of Sleeper and Wood to address dependent claims 7 and 10, which specified the materials of construction: a flexible material like silicone for the prong part and a rigid plastic for the body part. While Sleeper and Wood suggested using soft materials for patient comfort, Gunaratnam was cited for explicitly teaching this common dual-material construction. Gunaratnam described a nasal cannula where the nozzle part (prong part) was a "one part molded silicone piece" and the frame (body part) was a "rigid or semi-rigid structure formed from a polymer material."
    • Motivation to Combine: A POSITA would have been motivated to incorporate Gunaratnam’s material selection into the Sleeper/Wood design to achieve the established benefits of each material. Using flexible silicone for the patient-contacting prong part improves comfort and seal, while using rigid plastic for the body part provides necessary structural stability and prevents the breathing chamber from collapsing.
    • Expectation of Success: This combination was argued to be a predictable implementation of a conventional design choice in the field of respiratory masks.

Ground 3: Claims 22-24 and 28 are obvious over Sleeper in view of Wood and Thomlinson.

  • Prior Art Relied Upon: Sleeper (Application # 2005/0028822), Wood (Patent 6,478,026), and Thomlinson (Application # 2005/0011524).
  • Core Argument for this Ground:
    • Prior Art Mapping: This ground addressed dependent claims reciting additional structural features, such as a rigid body part with an "extension" for sealingly engaging the prong part and a "ball jointed connector" with a "partial spherical opening." Petitioner argued that Thomlinson taught these specific features. Thomlinson disclosed a nasal interface with a rigid body part that included flange-like extensions for creating a firm seal with the flexible prong part. Furthermore, Thomlinson taught a "ball joint" connector that permitted free movement of the air supply tubing, reducing torque on the mask and improving user mobility.
    • Motivation to Combine: A POSITA would combine Thomlinson's features with the Sleeper/Wood cannula for clear, predictable advantages. Adding the flange extension would create a more robust and leak-resistant seal between the rigid and flexible components. Incorporating the ball joint would achieve the known benefit of increased freedom of movement, improving user comfort and compliance, particularly during sleep.
    • Expectation of Success: Petitioner contended that integrating these known components from Thomlinson into the base design of Sleeper/Wood was a straightforward application of known techniques to yield predictable results.

4. Relief Requested

  • Petitioner requests institution of an inter partes review and cancellation of claims 1-10 and 22-28 of Patent 9,974,914 as unpatentable.