DETAILED ACTION
Note: The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is in response to communications filed March 11, 2025.
Status of Claims
1. Claims 1, 4, 6-12, 14 and 16-20 are pending and currently under consideration for patentability.
Response to Arguments
2. Applicant’s arguments with respect to claim(s) 1, 4, 6-12, 14 and 16-20 have been considered but are moot because the new ground of rejection does not rely on the same combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Inglis (US 4,046,492) is introduced as a secondary reference of rejection herein, for disclosing and rendering obvious the amended limitations untaught by Sang.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
3. Claim(s) 1, 4 and 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sang et al. (US PGPUB 2007/0259226) in view of Inglis (US 4,046,492).
4. With regard to claim 1, Sang discloses a suction device (Coanda flow amplifier, 10; Figs. 1, 2; abstract; [0002]; [0005]), comprising: a housing (three-part housing, 12 comprising first, second and third housing sections, 14, 16 and 18) having an intake port (suction intake, 22) and an output port (outlet, 24) with a chamber (annular chamber, 64) extending therebetween ([0044-0045]); a pressurized gas port (drive flow inlet feed, 60) extending from the housing (12) between the intake port (22) and the output port (24; [0044-0045]); wherein the intake port (12) is configured to receive a suction flow ([0040]; [0043]; [0047]) and the pressurized gas port (60) is configured to receive a pressurized gas flow ([0051-0052]); a flow controller (actuating element, 68 and flow guiding element, 26) coupled to the housing (12) and movable between a first position and a second position ([0041-00048]); a conduit (fluid channel, 42) formed within the housing (12) between the intake port (22) and the output port (24; Figs. 1, 2; [0043]), the conduit (42) having a first hollow segment (first fluid channel section, 44) with a central axis and a first opening (see opening of 44 in Fig. 2) having a first diameter (Figs. 1, 2; [0043]) and a second hollow segment (second fluid channel section, 46) with the central axis and a second opening (see opening of 46 in Fig. 2 (close to where reference numeral 42 is pointing)) having a second diameter, wherein the second opening (of 46) is closer than the first opening (of 44) to the output port (24) and the second diameter (of 46) is smaller than the first diameter (of 44; Fig. 2; [0043]; [0045-0046]); and a jet opening (drive-flow discharge slit, 66) extending from the pressurized gas port (60) and between the first (44) and second (46) hollow segments when the flow controller (68, 26) is in the first position ([0045-0049]; [0051-0057]), wherein the jet opening (66) extends between the first (44) and second (46) hollow segments at an angle relative to the central axis, wherein the angle is approximately 90 degrees (Figs. 1, 2; abstract; [0002]; [0045-0047]); and wherein, when the flow controller (68, 26) is in the first position, a pressure gap (defined by 66) extends a first distance between the first (44) and second (46) hollow segments and the chamber (64) has a pressure less than ambient air pressure ([0045]; [0047]; [0049]; [0051-0057]).
However, Sang is silent in regard to the jet opening extending between the first and second hollow segments at an angle greater than or equal to 35 degrees and less than or equal to 55 degrees relative to the central axis.
Inglis discloses an air flow amplifier (10; abstract; Figs. 1, 2; col. 2, lines 1-54) comprising a conduit (air flow passage, 12) having a first (main part, 11b) and second (main part, 11a) hollow segment with central axes (Fig. 1); a pressurized gas port (threaded inlet, 17) extending between an inlet port (inlet section, 12a) and outlet port (outlet section, 12b; Fig. 1); and a jet opening (annular nozzle opening, 15a in combination with outer surface of lip, 20a and intermediate section, 12c) extending from the pressurized gas port (17) and between the first (11b) and second (11a) hollow segments (Figs. 1, 2; col. 3, lines 3-22; col. 3, line 45 - col. 4, line 54), wherein the jet opening (15a, 20a, 12c) extends between the first (11b) and second (11a) hollow segments at an angle (‘angle x’) relative to the central axis (Fig. 1), wherein the angle (angle x) is greater than or equal to 35 degrees and less than or equal to 55 degrees (Fig. 1; “The slope of convergence of surface 12c may vary considerably depending on factors such as fluid pressure, nozzle width, throat diameter, and the nature of the particular fluids involved. In general, the included angle x should fall within the range of 10 degrees to 70 degrees”; col. 3, lines 23-31).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the angle of the jet opening disclosed by Sang to be at an angle greater than or equal to 35 degrees and less than or equal to 55 degrees relative to the central axis, similar to that disclosed by Inglis, in order to optimize the angle at which pressurized gas flows into the device for highly efficient flow amplification through entrainment and intermixing of primary and secondary air, without appreciable loss in velocity, as suggested by Inglis in column 4, lines 20-38. Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. One having ordinary skill in the art would recognize from column 3, lines 25-29 of Inglis that the angle of the jet opening is a result-effective variable which “may vary considerably depending on factors such as fluid pressure, nozzle width, throat diameter, and the nature of the particular fluids involved”; therefore, a determination of optimum or workable jet opening angle ranges can be achieved through routine experimentation.
7. With regard to claim 4, Sang discloses that the angle (as modified by Inglis above) is configured to take advantage of a Coanda effect to generate suction (Figs. 1, 2; abstract; [0002]; [0045-0047]).
5. With regard to claim 6, Sang, as modified by Inglis above, discloses a first facing surface (downstream face, 50; Fig. 1) of the first hollow segment (44) and a second facing surface (upstream face, 54) of the second hollow segment (46), wherein at least one of the suction flow and the pressurized gas flow flows along at least one of the first and second facing surfaces ([0043-0046]).
6. With regard to claims 7-8, Sang, as modified by Inglis above, discloses that the flow controller (68, 26) is rotatable between the first position and the second position ([0047-0050]); wherein the second hollow segment (46) translates rotational motion of the flow controller (68, 26), such that when the flow controller (68, 26) is the first position (prior to actuation), the second hollow segment (46) is a first distance from the first hollow segment (44) and when the flow controller (68, 26) is in the second position, the second hollow segment (46) is a second distance from the first hollow segment (44), the second distance less than the first distance (Figs. 1, 2; [0042-0050]).
7. With regard to claim 9, Sang, as modified by Inglis above, discloses that when the flow controller (68, 26) is in the second position (after actuation), the pressure gap (66) extends a second distance, which is less than the first distance (Figs. 1, 2; [0042-0050]).
8. With regard to claim 10, Sang, as modified by Inglis above, discloses that in the first position, the suction flow has a first flow rate and in the second position, the suction flow has a second flow rate which is less than the first flow rate (Figs. 1, 2; [0042-0050]; [0025]; [0025]; [0048]).
9. With regard to claim 11, Sang, as modified by Inglis above, discloses that when the flow controller (19E) is in the first position, the chamber (64) has a pressure difference compared to ambient air pressure that is larger than a pressure difference when the flow controller (68, 26) is in the second position (Figs. 1, 2; [0005]; [0025]; [0046]; [0048]).
10. Claim(s) 12, 14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sang in view of Inglis in view of Helmer et al. (US 6,203,321).
11. With regard to claim 12, Sang discloses a method for providing suction to fluid from a source or sources (abstract; Figs. 1, 2; [0047]; [0049]), comprising the steps of: providing a suction device (10) comprising a housing (12, 14, 16, 18) with an intake port (22) and an output port (24) with a chamber (64) extending therebetween having a central axis extending therethrough (Fig. 1; [0040]; [0043]), a pressurized gas port (60) extending from the housing (12) between the intake port (22) and the output port (24; Fig. 1; [0044-0045]), a flow controller (68, 26) coupled to the housing (12) and in a first position (prior to rotational actuation), and a conduit (42) formed within the housing (12) between the intake port (22) and the output port (24), the conduit (42) having a jet opening (66) extending from the pressurized port (60) and into the chamber (64) at an angle relative to the central axis, wherein the jet opening (66) extends between a first hollow segment (44) and a second hollow segment (46) at an angle relative to the central axis when the flow controller (68, 26) is in the first position (Fig. 2), and wherein the first hollow segment (44) includes a first opening (opening of 44) having a first diameter (Fig. 2) and the second hollow segment (46) includes a second opening (opening of 46) having a second diameter (Fig. 2), the second opening (of 46) being closer than the first opening (of 44) to the output port (24) and the second diameter being smaller than the first diameter (Fig. 2; [0045-0050]); delivering a pressurized gas to the pressurized gas port (60) and thus directing a pressurized gas flow through the conduit (42) and generating suction ([0057]); connecting a process fluids/solids source to the intake port (22); and suctioning, from the processing fluids/solids source, a gas, a liquid, a solid, or any combination thereof, creating a suction flow through the chamber (64) toward the output port (24; [0045]; [0047]; [0049]; [0051-0057]).
However, Sang is silent in regard to the jet opening extending between the first and second hollow segments at an angle greater than or equal to 35 degrees and less than or equal to 55 degrees relative to the central axis.
Inglis discloses an air flow amplifier (10; abstract; Figs. 1, 2; col. 2, lines 1-54) comprising a conduit (air flow passage, 12) having a first (main part, 11b) and second (main part, 11a) hollow segment with central axes (Fig. 1); a pressurized gas port (threaded inlet, 17) extending between an inlet port (inlet section, 12a) and outlet port (outlet section, 12b; Fig. 1); and a jet opening (annular nozzle opening, 15a in combination with outer surface of lip, 20a and intermediate section, 12c) extending from the pressurized gas port (17) and between the first (11b) and second (11a) hollow segments (Figs. 1, 2; col. 3, lines 3-22; col. 3, line 45 - col. 4, line 54), wherein the jet opening (15a, 20a, 12c) extends between the first (11b) and second (11a) hollow segments at an angle (‘angle x’) relative to the central axis (Fig. 1), wherein the angle (angle x) is greater than or equal to 35 degrees and less than or equal to 55 degrees (Fig. 1; “The slope of convergence of surface 12c may vary considerably depending on factors such as fluid pressure, nozzle width, throat diameter, and the nature of the particular fluids involved. In general, the included angle x should fall within the range of 10 degrees to 70 degrees”; col. 3, lines 23-31).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the angle of the jet opening disclosed by Sang to be at an angle greater than or equal to 35 degrees and less than or equal to 55 degrees relative to the central axis, similar to that disclosed by Inglis, in order to optimize the angle at which pressurized gas flows into the device for highly efficient flow amplification through entrainment and intermixing of primary and secondary air, without appreciable loss in velocity, as suggested by Inglis in column 4, lines 20-38. Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. One having ordinary skill in the art would recognize from column 3, lines 25-29 of Inglis that the angle of the jet opening is a result-effective variable which “may vary considerably depending on factors such as fluid pressure, nozzle width, throat diameter, and the nature of the particular fluids involved”; therefore, a determination of optimum or workable jet opening angle ranges can be achieved through routine experimentation.
Additionally, Sang and Inglis are silent in regard to a method for providing suction during a surgical procedure; connecting a surgical suction instrument to the intake port; and suctioning, with the surgical instrument.
However, Helmer discloses a backflow prevention system in a suctioning apparatus (abstract; Fig. 1) and a method of for providing suction during a surgical procedure (col. 3, line 66 - col. 4, line 10); connecting a surgical suction instrument (saliva ejector tube, 5) to an intake port (orifice, 40) of a backflow prevention device, 10; col. 4, lines 11-22); and suctioning, with the surgical instrument (5; col. 4, lines 23-39; col. 7, lines 24-34).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the method disclosed by Sang in view of Inglis to be for providing suction during a surgical procedure, similar to that disclosed by Helmer, in order to take advantage of the coanda effect in the field of surgical and medical instrumentation, such as that seen in Helmer, where partial vacuum, also called "suction head," to transport fluids and solids away from a surgical/medical environment could be beneficial, as suggested by Sang in paragraphs [0002] and [0045-0047].
12. With regard to claims 14 and 16, Sang discloses that the angle (as modified by Inglis above) is configured to take advantage of a Coanda effect to generate suction (Figs. 1, 2; abstract; [0002]; [0045-0047]); wherein at least one of the suction flow and the pressurized gas flow flows along a first surface (interior wall, 52) of the conduit (42; Fig. 2; [0043]; [0050]; [0052]).
13. With regard to claims 17-20, Sang, as modified by Inglis and Helmer above, discloses the step of moving the flow controller (68, 26) from the first position to a second position ([0047-0050]); wherein the step of moving the flow controller (68, 26) to the second position changes a dimension of the conduit (42; [0045-0050]); wherein when the flow controller (69, 26) is in the first position, the suction flow has a first flow rate and in the second position, the suction flow has a second flow rate which is less than the first flow rate ([0042-0050]; [0025]; [0025]; [0048]); and wherein, when the flow controller (68, 26) is in the first position, the chamber (64) has a pressure difference compared to ambient air pressure that is larger than a pressure difference when the flow controller is in the second position (Figs. 1, 2; [0005]; [0025]; [0046]; [0048]).
Conclusion
14. 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.
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J MENSH whose telephone number is (571)270-1594. The examiner can normally be reached M-F 9 a.m. - 6 p.m..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached on (571)272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW J MENSH/Primary Examiner, Art Unit 3781