Breathing assistance device comprising a gas regulating valve and associated breathing assistance method

A breathing assistance device for a patient breathing in successive cycles, each cycle being defined by at least an inspiration phase and at least an expiration phase, said breathing assistance device including:

• a source of respiratory pressurized gas,
• a gas transmission duct comprising a distal end coupled to said source and a proximal end coupled to said patient,
• a gas regulating valve comprising at least a leakage orifice between the inside and outside of said duct, and an obstruction means capable of varying the opening of said leakage orifice upon signal of a controlling means, wherein the gas regulating valve is interposed in said duct at a proximal location, and that the obstruction means is capable of allowing a bidirectional gas flow through said leakage orifice in both expiration and inspiration phases, wherein the breathing assistance device further comprises a return means comprising a magnetic equator, wherein the return means maintains the leakage orifice in an open position in the absence of a signal from the control means.