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 .
Response to Amendment
Applicant’s amendments to claims 1, 9, and 13 filed on 07/21/2025 is acknowledged by the Examiner.
Claim 8 remains cancelled.
Claims 1-7 and 9-14 are currently pending and are under examination.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 9, and 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In light of the amendments to claims 1, 9, and 13, the office action has been updated. See below.
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 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.
Claim(s) 1 and 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shugrue et al. (referred to as “Shugrue”) (US 2012/0172888 A1) in view of Waldrop et al. (referred to as “Waldrop”) (US 4,007,741) in view of Bourelle et al. (referred to as “Bourelle”) (US 2021/0145697 A1) in view of Dudar et al. (referred to as “Dudar”) (US 2012/0172800 A1) further in view of Harty (US 5,568,817).
Regarding claim 1, Shugrue discloses a collection system (11) for collecting outflow from a hysteroscopic surgical procedure (see Fig. 1b, Abstract, and [0060]; system 11 is a collection system for collecting outflow from a hysteroscopic tissue removal procedure) comprising:
a surgical drape (129) configured to collect liquid (see Fig. 1b and [0077]; drape 129 is a surgical drape as it is used during a hysteroscopic surgical procedure and drape 129 is configured to collect liquid), the surgical drape (129) including an outflow opening (see Fig. 1b and [0077]; drape 129 is configured to collect liquid via tubing 127, and thus in order for tubing 127 to be connected to drape 129 it is implicit that drape 129 includes an outflow opening in order to be connected to tubing 127 for the collection of liquid);
a collection vessel (125) (see Fig. 1b and [0077]; collection container 125 is a collection vessel as the fluid collected from drape 129 is then collected in collection container 125 via tubing 127);
a vacuum source (121) (see Figs. 1b and 7a, and [0077]; vacuum source 121 is a vacuum source that is positioned within housing 82);
a drape line (127) connected between the surgical drape (129) and the collection vessel (125) (see Fig. 1b and [0077]; tubing 127 is a drape line as tubing 127 is connected between surgical drape 129 and collection container 125 to collect distending fluid), wherein a liquid flow path is defined from the surgical drape (129), through the drape line (127), and to the collection vessel (125) (see Fig. 1b and [0077]; a liquid flow path is defined from the drape 129 through tubing 127 and to the collection container 125);
a vacuum line (123) connected between the vacuum source (121) and the collection vessel (125) (see Fig. 1b and [0077]; tubing 123 is a vacuum line as tubing 123 is connected between the vacuum source 121 and collection container 125), the vacuum source (121) configured to establish suction to draw liquid from the surgical drape (129) along the liquid flow path (see Fig. 1b and [0077]-[0078]; the vacuum source 121 is configured to establish suction to draw liquid the drape 129 due to the pressure from vacuum source 121 via collection container 125 and tubings 123, 127 along the liquid flow path).
Shugrue is silent on a filter assembly disposed along the liquid flow path, the filter assembly including a hydrophilic membrane configured to permit passage of liquid along the liquid flow path and inhibit the passage of air along the liquid flow path; and a flow restrictor disposed in a bypass flow path in parallel with the filter assembly, wherein the bypass flow path circumvents the filter assembly, wherein the flow restrictor is configured to purge air while permitting passage of liquid through the hydrophilic membrane of the filter assembly, wherein the flow restrictor is disposed proximate the outflow opening of the surgical drape.
However, Waldrop teaches an analogous collection system (see Fig. 1) and an analogous liquid flow path (a liquid flow path is defined from the analogous surgical drape 12, through an analogous drape line 34, and to an analogous collection vessel 40), and a filter assembly (30) disposed along the liquid flow path (see Figs. 1 and 3-4; strainer assembly 30 is a filter assembly as strainer assembly comprises a strainer 42 to filter out particles in the expelled fluid, and strainer assembly 30 is disposed along the liquid flow path as strainer assembly 30 is attached to the end of apron 12 and attached to discharge hose 34), the filter assembly (30) including a membrane (42) configured to permit passage of liquid along the liquid flow path (see Figs. 1 and 3-4, and Col. 4 lines 51-54; strainer assembly 30 includes a strainer 42, which is a membrane as strainer 42 is a thin sheet of mesh material that acts as a barrier and allows fluids or liquid to flow through and thus permits passage of liquid along the liquid flow path), providing a strainer assembly for filtering out resected particles from fluid expelled during a surgical procedure so that it is easier for a medical professional (see Col. 4 lines 51-54).
Therefore, 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 between the end of the surgical drape (129) and start of the drape line (127) of Shugrue with a filter assembly (30) disposed along the liquid flow path, the filter assembly including a membrane (42) configured to permit passage of liquid along the liquid flow path as taught by Waldrop to have provided an improved collection system that has a strainer assembly for filtering out resected particles from fluid expelled during a surgical procedure so that it is easier for a medical professional (see Col. 4 lines 51-54).
Shugrue in view of Waldrop discloses the invention as discussed above.
Shugrue in view of Waldrop is silent on a hydrophilic membrane configured to inhibit the passage of air along the liquid flow path; and a flow restrictor disposed in a bypass flow path in parallel with the filter assembly, wherein the bypass flow path circumvents the filter assembly, wherein the flow restrictor is configured to purge air while permitting passage of liquid through the hydrophilic membrane of the filter assembly, wherein the flow restrictor is disposed proximate the outflow opening of the surgical drape.
However, Bourelle teaches an analogous filter assembly (123), the filter assembly (123) including a hydrophilic membrane configured to inhibit the passage of air along the liquid flow path (see [0089] and [0100]; filter 123 is an analogous filter assembly as filter 123 includes a hydrophilic filter/membrane, and the hydrophilic filter/membrane does not allow or inhibits the passage of air along the liquid flow path), providing to remove air bubbles that may be entrained in the liquid (see [0100]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the membrane (42 of Waldrop) in the device of Shugrue in view of Waldrop to be a hydrophilic membrane configured to inhibit the passage of air along the liquid flow path as taught by Bourelle to have provided an improved collection system that removes air bubbles that may be entrained in the liquid (see [0100]).
Shugrue in view of Waldrop further in view of Bourelle discloses the invention as discussed above.
Shugrue in view of Waldrop further in view of Bourelle is silent on a flow restrictor disposed in a bypass flow path in parallel with the filter assembly, wherein the bypass flow path circumvents the filter assembly, wherein the flow restrictor is configured to purge air while permitting passage of liquid through the hydrophilic membrane of the filter assembly, and wherein the flow restrictor is disposed proximate the outflow opening of the surgical drape.
However, Dudar teaches an analogous filter assembly (74) (see Fig. 5; filter 74), and a flow restrictor (460) disposed in a bypass flow path (18by) in parallel with the filter assembly (74) (see Fig. 5; air/fluid separation device 460 is a flow restrictor as the flow of liquid/air is restricted due to its annular or circular liquid path, see [0081], and is disposed in a bypass flow line 18by in parallel with filter 74), wherein the bypass flow path (18by) circumvents the filter assembly (74) (see Fig. 5 and [0081]; the bypass flow line 18by circumvents the filter 74 as the bypass flow line 18by goes in an annular or circular path to flow around the filter 74), wherein the flow restrictor (460) is configured to purge air while permitting passage of liquid through the membrane of the filter assembly (74) (see Fig. 5 and [0081]; the air/fluid separation device 460 purges air as it causes liquids to be pushed outwardly along the annular circular liquid path and through the membrane of the filter 74 via the bypass flow line 18by, while causing the air to migrate inwards to purge the air), providing to eliminate air from the liquid such that the flow of the liquid is not interrupted.
Therefore, 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 filter assembly (30 of Waldrop) along the liquid flow path in the device of Shugrue in view of Waldrop further in view of Bourelle a flow restrictor disposed in a bypass flow path in parallel with the filter assembly, wherein the bypass flow path circumvents the filter assembly, and wherein the flow restrictor is configured to purge air while permitting passage of liquid though the membrane of the filter assembly as taught by Dudar to have provided an improved collection system that eliminates air from the liquid such that the flow of the liquid is not interrupted. Therefore, the combination of Shugrue in view of Waldrop in view of Bourelle further in view of Dudar results in wherein the flow restrictor (460 of Dudar) is configured to purge air while permitting passage of liquid through the hydrophilic membrane of the filter assembly (30 of Waldrop) (as previously modified above, the air/fluid separation device 460 is configured to purge air while permitting passage of liquid through the hydrophilic membrane of the filter assembly, as the filter assembly 30 of Waldrop is modified to be a hydrophilic membrane via filter 123 of Bourelle).
Shugrue in view of Waldrop in view of Bourelle further in view of Dudar discloses the invention as discussed above.
Shugrue in view of Waldrop in view of Bourelle further in view of Dudar is silent on wherein the flow restrictor is disposed proximate the outflow opening of the surgical drape.
However, Harty teaches an analogous surgical drape (14) (see Figs. 1 and 3; liner 14 is interpreted as an analogous surgical drape as liner 14 may be draped over a patient carrier) and an analogous outflow opening (16) (see Fig. 3), and an analogous flow restrictor (27) (see Figs. 1 and 3, and Col. 4 lines 40-44 and Col. 5 lines 56-61; flow control means 27 is a flow restrictor as the flow control means 27 may be a type of valve such as a control valve, which may restrict the flow of the fluid along conduit means 26), wherein the flow restrictor (27) is disposed proximate the outflow opening (16) of the surgical drape (14) (see Fig. 3; the flow control means 27 is disposed proximate or near the aperture 16 of the liner 14 as seen in Fig. 3), providing to better control the flow of liquid to prevent any fluid leakage.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the flow restrictor (460 of Dudar) in the device of Shugrue in view of Waldrop in view of Bourelle further in view of Dudar to be disposed proximate the outflow opening of the surgical drape as taught by Harty to have provided an improved collection system that provides better control of the flow of liquid to prevent any fluid leakage.
Regarding claim 4, Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty discloses the invention as discussed in claim 1. Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty further discloses wherein the filter assembly (30 of Waldrop) further includes a body (138+158 of Waldrop) housing the hydrophilic membrane therein (see Figs. 3-4 of Waldrop; as previously modified above, strainer assembly 30 of Waldrop further includes cover 138+receptacle 158 of Waldrop which makes up a body to house the strainer 42 of Waldrop therein), the body (138+158 of Waldrop) defining an input and an output disposed along the liquid flow path (see Figs. 3-4 of Waldrop; cover 138 of Waldrop defines an input along the liquid flow path as fluid from the drape 129 of Shugrue is inputted through a hole in cover 138 of Waldrop and receptacle 158 of Waldrop defines an output disposed along the liquid flow path as receptacle 158 of Waldrop receives the fluid from drape 129 of Shugrue and then outputs it through outlet 36 of Waldrop).
Regarding claim 5, Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty discloses the invention as discussed in claim 1. Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty further discloses wherein the filter assembly (30 of Waldrop) is disposed between the drape line (127 of Shugrue) and the surgical drape (129 of Shugrue) (as previously modified above, see claim 1, the strainer assembly 30 of Waldrop is disposed between tubing 127 of Shugrue and drape 129 of Shugrue, as strainer assembly 30 of Waldrop is attached to the end of drape 12 of Waldrop and the start of the drape line 34 of Waldrop, see Figs. 1 and 3-4 of Waldrop).
Regarding claim 6, Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty discloses the invention as discussed in claim 1. Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty further discloses wherein the filter assembly (30 of Waldrop) is disposed between the drape line (127 of Shugrue) and the collection vessel (125 of Shugrue) (as previously modified above, see claim 1, the strainer assembly 30 of Waldrop is disposed between the tubing 127 of Shugrue and the collection container 125 o Shugrue as strainer assembly 30 of Waldrop is attached to the end of drape 12 of Waldrop and before collection vessel 40 of Waldrop, see Fig. 1 of Waldrop).
Regarding claim 7, Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty discloses the invention as discussed in claim 1. Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty further discloses wherein the filter assembly (30 of Waldrop) is disposed within the drape line (127 of Shugrue) towards a drape line end thereof or towards a collection vessel end thereof (see Figs. 1 and 3-4 of Waldrop; as previously modified above, see claim 1, the strainer assembly 30 of Waldrop is disposed within tubing 127 of Shugrue towards an end of tubing 127 of Shugrue as strainer assembly 30 of Waldrop is attached to the end of drape 129 of Shugrue and at the start of tubing 127 of Shugrue, which is an end).
Claim(s) 2, 3, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shugrue in view of Waldrop in view of Bourelle in view of Dudar in view of Harty further in view of GUALA (US 2021/0046243 A1).
Regarding claim 2, Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty discloses the invention as discussed in claim 1.
Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty is silent on wherein the filter assembly further includes a hydrophobic member.
However, GUALA teaches an analogous filter assembly (1) including an analogous hydrophilic membrane (16) (see Fig. 4), wherein the filter assembly (1) further includes a hydrophobic member (24) (see Fig. 4 and [0031]-[0034]; filter 1 further includes hydrophobic membranes 24 as seen in Fig. 4), providing a combination of hydrophilic and hydrophobic filters such that trapped air is able to be vented out, while still allowing fluid to pass through, so that the hydrophilic filter is not occluded.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the hydrophilic membrane in the device of Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty to include both hydrophilic membrane 16 and hydrophobic membrane 24 as taught by GUALA to have provided an improved collection system that provides a combination of hydrophilic and hydrophobic filters such that trapped air is able to be vented out, while still allowing fluid to pass through, so that the hydrophilic filter is not occluded.
Regarding claim 3, Shugrue in view of Waldrop in view of Bourelle in view of Dudar in view of Harty further in view of GUALA discloses the invention as discussed in claim 2. Shugrue in view of Waldrop in view of Bourelle in view of Dudar in view of Harty further in view of GUALA further discloses wherein the hydrophilic membrane (16 of GUALA) is larger than the hydrophobic membrane (24 of GUALA) enabling liquid to flow therethrough while inhibiting air flow (as previously modified above, see claim 2, the hydrophobic membrane 24 of GUALA is smaller than the hydrophilic membrane 16 of GUALA, see Fig. 4 of GUALA, enabling liquid to flow therethrough via hydrophilic member 16 of GUALA while inhibiting air flow).
Regarding claim 11, Shugrue in view of Waldrop in view of Bourelle in view of Dudar in view of Harty further in view of GUALA discloses the invention as discussed in claim 2. Shugrue in view of Waldrop in view of Bourelle in view of Dudar in view of Harty further in view of GUALA further discloses wherein the hydrophobic membrane (24 of GUALA) is smaller than the hydrophilic membrane (16 of GUALA) enabling liquid to flow therethrough while inhibiting air flow therethrough (as previously modified above, see claim 2, the hydrophobic membrane 24 of GUALA is smaller than the hydrophilic membrane 16 of GUALA, see Fig. 4 of GUALA, enabling liquid to flow therethrough via hydrophilic membrane 16 of GUALA, while inhibiting the flow of air therethrough).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shugrue in view of Waldrop in view of Bourelle in view of Dudar in view of Harty further in view of Vincent et al. (referred to as “Vincent”) (US 4,319,996).
Regarding claim 12, Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty discloses the invention as discussed in claim 1.
Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty is silent on wherein the filter assembly further includes a hydrophobic membrane welded, fused or otherwise joined to the hydrophilic membrane.
However, Vincent teaches an analogous filter assembly (4) and an analogous hydrophilic membrane (28), wherein the filter assembly (4) further including a hydrophobic membrane (26) welded, fused or otherwise joined to the hydrophilic membrane (28) (see Fig. 3 and Col. 3 lines 20-24; membrane 4 further includes a hydrophobic portion 26 which is bonded or otherwise joined to the hydrophilic portion 28), providing a filter element with both hydrophilic and hydrophobic parts to simplify the construction of the filter element, and allowing trapped air to be vented out while still allowing fluid to pass through so that the hydrophilic filter is not occluded
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the filter assembly (30 of Waldrop) in the device of Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty to further include a hydrophobic membrane (26) welded, fused or otherwise joined to the hydrophilic membrane as taught by Vincent to have provided an improved collection system that provides a filter element with both hydrophilic and hydrophobic parts to simplify the construction of the filter element, and allowing trapped air to be vented out while still allowing fluid to pass through so that the hydrophilic filter is not occluded
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shugrue in view of Waldrop in view of Bourelle in view of Dudar in view of Harty further in view of Ford (US 5,779,674).
Regarding claim 14, Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty discloses the invention as discussed in claim 1.
Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty is silent on wherein the filter assembly is maintained above a liquid level within the surgical drape.
However, Ford teaches an analogous filter assembly (28), wherein the filter assembly (28) is maintained above a liquid level (see Col. 2 lines 37-51; hydrophobic filter assembly 28 is an analogous filter assembly and is maintained above a liquid level, as liquid will not flow through the hydrophobic membrane, and instead when gas rises, the air space increases and forces the fluid level down to expose a portion of the hydrophobic membrane, and thus the hydrophobic filter assembly is maintained above a liquid level), providing to vent out trapped air.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the filter assembly in the device of Shugrue in view of Waldrop in view of Bourelle in view of Dudar further in view of Harty to also include a hydrophobic membrane (28) such that the filter assembly is maintained above a liquid level as taught by Ford to have provided an improved collection system that provides to vent out trapped air.
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen (US 5,827,246) in view of Amin (US 4,414,968) further in view of Komiya et al. (referred to as “Komiya”) (US 6,092,547).
Regarding claim 9, Bowen discloses a collection system (10) for collecting outflow from a hysteroscopic surgical procedure (see Fig. 1 and Abstract; fluid collection system 20 collects outflow from medical procedures, and may collect outflow from a hysteroscopic surgical procedure) comprising:
a surgical drape (40) (see Fig. 1; vacuum pad 40 is a surgical drape as it may be used during a surgical procedure, see Abstract, and may be draped, and vacuum pad 40 is configured to collect liquid via fluid collection chamber 42);
a collection vessel (28) (see Fig. 1; container 28 is a collection vessel as container 28 is connected to vacuum pad 40 to collect liquid);
a vacuum source (32) (see Fig. 1; vacuum source 32);
a drape line (22) connected between the surgical drape (40) and the collection vessel (28) (see Fig. 1; first conduit 22 is a drape line as it is connected between the vacuum pad 40 and the container 28 to transport fluid), wherein a liquid flow path is defined from the surgical drape (40), through the drape line (22), and to the collection vessel (28) (see Fig. 1; a liquid flow path is defined from the vacuum pad 40 through the first conduit 22 and to the container 28);
a vacuum line (30) connected between the vacuum source (32) and the collection vessel (28) (see Fig. 1 and Col. 4 lines 20-32; the second conduit 30 is a vacuum line as the second conduit 30 is connected between the vacuum source 32 and the container 28), the vacuum source (32) configured to establish suction to draw liquid along the liquid flow path (see Fig. 1; the vacuum source 32 establishes suction to draw liquid along the liquid flow path as suction is applied through the second conduit 30 to container 28 and then through the first conduit 22 to vacuum pad 40); and
a valve assembly (34) disposed before the drape line (22) (see Fig. 1 and Col. 4 lines 26-28; valve 34 is a valve assembly as valve 34 may be provided to control fluid flow therethrough, and valve 34 is positioned before an end portion of the first conduit 22 that is connected to container 28, and thus is disposed before the drape line).
Bowen is silent on the valve assembly disposed entirely before the drape line, and the valve assembly including a chamber defining an input configured to receive liquid flowing along the liquid flow path and an output configured to output fluid along the liquid flow path, the valve assembly including a buoyant float ball disposed within the chamber and configured to selectively open and close the output based upon a level of liquid in the chamber, wherein when the output is closed, the buoyant float ball is seated on top of the output, thereby inhibiting air from flowing out the output.
However, Amin teaches an analogous surgical drape (10), an analogous drape line (28) (see Fig. 1; hose 28 is an analogous drape line as hose 28 is connected between the surgical drape 10 and the receptacle 26), and an analogous valve assembly (27) (see Fig. 1) disposed entirely before the drape line (28) (see Fig. 1 and Col. 2 lines 34-37; valve 27 is an analogous valve assembly as it is provided to control fluid flow, and valve 27 is disposed entirely before hose 28, as seen in Fig. 1, as valve 27 is provided at a top end of hose 28), providing to quickly prevent fluid spillage/leakage as the valve assembly is arranged where fluid flow initially starts to occur.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the location of valve assembly 34 of Bowen to be disposed entirely before the drape line as taught by Amin to have provided an improved collection system that provides to quickly prevent fluid spillage/leakage as the valve assembly is arranged where fluid flow initially starts to occur.
Bowen in view of Amin discloses the invention as discussed above.
Bowen in view of Amin is silent on the valve assembly including a chamber defining an input configured to receive liquid flowing along the liquid flow path and an output configured to output fluid along the liquid flow path, the valve assembly including a buoyant float ball disposed within the chamber and configured to selectively open and close the output based upon a level of liquid in the chamber, wherein when the output is closed, the buoyant float ball is seated on top of the output, thereby inhibiting air from flowing out the output.
However, Komiya teaches an analogous valve assembly (10) (see Fig. 2), the valve assembly (10) including a chamber defining an input (18) configured to receive liquid flowing along the liquid flow path (see Fig. 1; double funnel float valve 10 includes a chamber that defines spout inlet 18 configured to receive liquid flowing along the liquid flow path as indicated by the arrows in Fig. 1) and an output (20) configured to output fluid along the liquid flow path (see Fig. 1; the double funnel float valve 10 also includes a spout outlet 20 configured to output fluid along the liquid flow path as indicated via the arrow in Fig. 1), the valve assembly (10) including a buoyant float ball (14) disposed within the chamber and configured to selectively open and close the output (20) based upon a level of liquid in the chamber (see Fig. 1; the double funnel float valve 10 includes a floating ball 14 which is a buoyant float ball, and the floating ball 14 is configured to selectively open and close the spout outlet 20 based upon a level of liquid in the chamber, see Col. 3 lines 3 lines 65-67 et seq. Col. 4 lines 1-6), wherein when the output (18) is closed, the buoyant float ball (14) is seated on top of the output (18), thereby inhibiting air from flowing out the output (18) (see Fig. 1 and Col. 3 lines 65-67 et seq. Col. 4 lines 1-6 and see Col. 1 lines 31-36; when the spout outlet 18 is closed, the floating ball 14 is seated on top of the spout outlet 18 thereby inhibiting air from flowing out the spout outlet 18), and Komiya teaches in another embodiment, an analogous valve assembly (10) (see Fig. 2) and an analogous output (20) (see Fig. 2), and wherein the output (20) is not open to atmosphere (see Fig. 2; in another embodiment of Komiya, an analogous double funnel float valve 10 has a spout outlet 20 which is not open to atmosphere, as the spout outlet 20 is connected to a storage container, see Col. 4 lines 13-15), providing an inexpensive and durable device that permits liquids to be drained while preventing the flow of gases into an enclosure (see Col. 1 lines 31-36 et seq. Col. 1 lines 56-57).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the valve assembly (34 of Bowen) in the device of Bowen in view of Amin to be a float valve assembly (10) such that the valve assembly includes a chamber defining an input (18) configured to receive liquid flowing along the liquid flow path and an output (20) configured to output fluid along the liquid flow path, the valve assembly (10) including a buoyant float ball (14) disposed within the chamber and configured to selectively open and close the output based upon a level of liquid in the chamber, wherein when the output is closed, the buoyant float ball (14) is seated on top of the output thereby inhibiting air from flowing out the output, and wherein the output is not open to atmosphere as taught by Komiya to have provided an improved collection system that is inexpensive and durable, and permits liquids to be drained while preventing the flow of gases into an enclosure (see Col. 1 lines 31-36 et seq. Col. 1 lines 56-57).
Regarding claim 10, Bowen in view of Amin further in view of Komiya discloses the invention as discussed in claim 9. Bowen in view of Amin further in view of Komiya further discloses wherein the drape line (22 of Bowen) includes an upstream portion connecting the surgical drape (40 of Bowen) with the input (18 of Komiya) of the chamber and a downstream portion connecting the output (20 of Komiya) of the chamber with the collection vessel (28 of Bowen) (see Fig. 1 of Bowen; a portion of the first conduit 22 of Bowen includes an upstream portion connecting vacuum pad 40 of Bowen with the inlet 18 of Komiya, as previously modified above, as inlet 18 of Komiya is configured to receive liquid from conduit 22 of Bowen and a downstream portion connecting the outlet 20 of Komiya with container 28 of Bowen as the outlet 20 of Komiya would be connected to an end portion of conduit 22 of Bowen and container 28 of Bowen).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shugrue in view of Waldrop in view of Bourelle in view of Vincent further in view of Ford.
Regarding claim 13, Shugrue discloses a collection system (11) for collecting outflow from a hysteroscopic surgical procedure (see Fig. 1b, Abstract, and [0060]; system 11 is a collection system for collecting outflow from a hysteroscopic tissue removal procedure) comprising:
a surgical drape (129) configured to collect liquid (see Fig. 1b and [0077]; drape 129 is a surgical drape as it is used during a hysteroscopic surgical procedure and drape 129 is configured to collect liquid);
a collection vessel (125) (see Fig. 1b and [0077]; collection container 125 is a collection vessel as the fluid collected from drape 129 is then collected in collection container 125 via tubing 127);
a vacuum source (121) (see Figs. 1b and 7a, and [0077]; vacuum source 121 is a vacuum source that is positioned within housing 82);
a drape line (127) connected between the surgical drape (129) and the collection vessel (125) (see Fig. 1b and [0077]; tubing 127 is a drape line as tubing 127 is connected between surgical drape 129 and collection container 125 to collect distending fluid), wherein a liquid flow path is defined from the surgical drape (129), through the drape line (127), and to the collection vessel (125) (see Fig. 1b and [0077]; a liquid flow path is defined from the drape 129 through tubing 127 and to the collection container 125);
a vacuum line (123) connected between the vacuum source (121) and the collection vessel (125) (see Fig. 1b and [0077]; tubing 123 is a vacuum line as tubing 123 is connected between the vacuum source 121 and collection container 125), the vacuum source (121) configured to establish suction to draw liquid from the surgical drape (129) along the liquid flow path (see Fig. 1b and [0077]-[0078]; the vacuum source 121 is configured to establish suction to draw liquid the drape 129 due to the pressure from vacuum source 121 via collection container 125 and tubings 123, 127 along the liquid flow path).
Shugrue is silent on a filter assembly disposed along the liquid flow path, the filter assembly including a hydrophilic membrane configured to permit passage of liquid along the liquid flow path and impede passage of air along the liquid flow path, the filter assembly further including a hydrophobic membrane welded, fused or otherwise joined to the hydrophilic membrane, wherein the hydrophobic membrane is arranged as a strip across a width of the hydrophilic membrane, wherein the filter assembly is disposed within 10% of a length of the drape line from the collection vessel.
However, Waldrop teaches an analogous collection system (see Fig. 1) and an analogous liquid flow path (a liquid flow path is defined from the analogous surgical drape 12, through an analogous drape line 34, and to an analogous collection vessel 40), and a filter assembly (30) disposed along the liquid flow path (see Figs. 1 and 3-4; strainer assembly 30 is a filter assembly as strainer assembly comprises a strainer 42 to filter out particles in the expelled fluid, and strainer assembly 30 is disposed along the liquid flow path as strainer assembly 30 is attached to the end of apron 12 and attached to discharge hose 34), the filter assembly (30) including a membrane (42) configured to permit passage of liquid along the liquid flow path (see Figs. 1 and 3-4, and Col. 4 lines 51-54; strainer assembly 30 includes a strainer 42, which is a membrane as strainer 42 is a thin sheet of mesh material that acts as a barrier and allows fluids or liquid to flow through and thus permits passage of liquid along the liquid flow path), providing a strainer assembly for filtering out resected particles from fluid expelled during a surgical procedure so that it is easier for a medical professional (see Col. 4 lines 51-54).
Therefore, 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 along the liquid flow path (from the surgical drape 129, through the drape line 127, and to the collection vessel 125) of Shugrue with a filter assembly (30), the filter assembly including a membrane (42) configured to permit passage of liquid along the liquid flow path as taught by Waldrop to have provided an improved collection system that has a strainer assembly for filtering out resected particles from fluid expelled during a surgical procedure so that it is easier for a medical professional (see Col. 4 lines 51-54).
Shugrue in view of Waldrop discloses the invention as discussed above.
Shugrue in view of Waldrop is silent on a hydrophilic membrane configured to inhibit the passage of air along the liquid flow path, and the filter assembly further including a hydrophobic membrane welded, fused or otherwise joined to the hydrophilic membrane, wherein the hydrophobic membrane is arranged as a strip across a width of the hydrophilic membrane, and wherein the filter assembly is disposed within 10% of a length of the drape line from the collection vessel.
However, Bourelle teaches an analogous filter assembly (123), the filter assembly (123) including a hydrophilic membrane configured to inhibit the passage of air along the liquid flow path (see [0089] and [0100]; filter 123 is an analogous filter assembly as filter 123 includes a hydrophilic filter/member, and the hydrophilic filter/membrane does not allow or inhibits the passage of air along the liquid flow path), providing to remove air bubbles that may be entrained in the liquid (see [0100]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the membrane (42 of Waldrop) to be a hydrophilic membrane configured to inhibit the passage of air along the liquid flow path as taught by Bourelle to have provided an improved collection system that removes air bubbles that may be entrained in the liquid (see [0100]).
Shugrue in view of Waldrop further in view of Bourelle discloses the invention as discussed above.
Shugrue in view of Waldrop further in view of Bourelle is silent on the filter assembly further including a hydrophobic membrane welded, fused or otherwise joined to the hydrophilic membrane, wherein the hydrophobic membrane is arranged as a strip across a width of the hydrophilic membrane, and wherein the filter assembly is disposed within 10% of a length of the drape line from the collection vessel.
However, Vincent teaches an analogous filter assembly (4) and an analogous hydrophilic membrane (28), wherein the filter assembly (4) further including a hydrophobic membrane (26) welded, fused or otherwise joined to the hydrophilic membrane (28) (see Fig. 3 and Col. 3 lines 20-24; membrane 4 further includes a hydrophobic portion 26 which is bonded or otherwise joined to the hydrophilic portion 28), and Vincent teaches an analogous filter assembly (34) in another embodiment, wherein the hydrophobic membrane (38) is arranged as a strip across a width of the hydrophilic membrane (36) (see Fig. 5 and Col. 4 lines 29-33; membrane 34 includes a hydrophobic portion 38 which is arranged as two strips across a width of the hydrophilic membrane 36), providing a filter element with both hydrophilic and hydrophobic parts to simplify the construction of the filter element, and allowing trapped air to be vented out while still allowing fluid to pass through so that the hydrophilic filter is not occluded.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the filter assembly (30 of Waldrop) in the device of Shugrue in view of Waldrop further in view of Bourelle to further include a hydrophobic membrane (26) welded, fused or otherwise joined to the hydrophilic membrane as taught by Vincent and to have modified the filter assembly (30 of Waldrop) in the device of Shugrue in view of Waldrop further in view of Bourelle such that the hydrophobic membrane is arranged as a strip across a width of the hydrophilic membrane as taught by another embodiment of Vincent to have provided an improved collection system that provides a filter element with both hydrophilic and hydrophobic parts to simplify the construction of the filter element, and allowing trapped air to be vented out while still allowing fluid to pass through so that the hydrophilic filter is not occluded.
Shugrue in view of Waldrop in view of Bourelle further in view of Vincent discloses the invention as discussed above.
Although Shugrue in view of Waldrop in view of Bourelle further in view of Vincent does not explicitly disclose wherein the filter assembly is disposed within 10% of a length of the drape line from the collection vessel, it is noted that the applicant does not indicate that the claimed dimension is used for a particular purpose, solves a stated problem, or is otherwise critical (see pages 3-4 paragraph [0020] and page 5 paragraph [0024] of applicant’s specification, where it states that other suitable positions for the filter assembly is also contemplated, showing lack of criticality of the filter assembly being disposed within 10% of a length of the drape line from the collection vessel). Therefore, in Gardner v. TEC Syst., 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, and thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the position of the filter assembly to be disposed within 10% of a length of the drape line from the collection vessel in order to have provided a filter assembly that is arranged proximate the collection vessel such that the filter assembly is able to better filter out air more closely to reaching the collection vessel to maintain suction through the vacuum line.
Shugrue in view of Waldrop in view of Bourelle further in view of Vincent discloses the invention as discussed above.
Shugrue in view of Waldrop in view of Bourelle further in view of Vincent is silent on wherein the filter assembly is maintained in a position above a liquid level within the surgical drape.
However, Ford teaches an analogous filter assembly (28), wherein the filter assembly (28) is maintained above a liquid level (see Col. 2 lines 37-51; hydrophobic filter assembly 28 is an analogous filter assembly and is maintained above a liquid level, as liquid will not flow through the hydrophobic membrane, and instead when gas rises, the air space increases and forces the fluid level down to expose a portion of the hydrophobic membrane, and thus the hydrophobic filter assembly is maintained above a liquid level), providing to vent out trapped air.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the filter assembly in the device of Shugrue in view of Waldrop in view of Bourelle further in view of Vincent to be maintained in a position above a liquid level within the surgical drape via the hydrophobic membrane as taught by Ford to have provided an improved collection system that provides to vent out trapped air.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ROBIN HAN/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786