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
This action is responsive to the amendment filed 04/17/2026. Claims 4 and 13-20 have been canceled, claims 21-25 have been added, thus claims, 1-3, 5-12 and 21-25 are pending.
Claim Rejections - 35 USC § 103
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.
Claims 1-3, 5-12 and 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Stjernfelt (US 2010/0313532 A1) in view of Nguyen (US 2006/0278227 A1), Ryder (US 5,660,167 A) and Lall (US 5,826,575 A).
Regarding claim 1, Stjernfelt discloses a respiratory filter and condensate management apparatus for a breathing circuit (abstract), the apparatus comprising: a housing (#110 fig 1, #10 fig 3, 4) having an air inlet port (#112 fig 1, par 0027, #12 fig 3, par 0036) and an air outlet port (#114 fig 1, par 0027, #14 fig 3, par 0036), the air inlet port configured to connect to an expiratory limb of the breathing circuit for receiving a flow of expiratory air (abstract discloses the apparatus in the expiratory limb and pars 0027 and 0036 discloses 112/12 as the inlet port), and the air outlet port configured to connect to a ventilator for outputting the flow of expiratory air (abstract discloses the apparatus in the expiratory limb and par 00227 and 0036 discloses 114/14 as the outlet port); a filter compartment provided within the housing (see Stjernfelt annotated figs 1 and 3 below), the filter compartment being in communication with the air inlet port and the air outlet port; a filter member (#120 and 122 fig 1, par 0030-0031, #28 fig 3, par 0039) provided within the filter compartment and located in a flow path of the expiratory air from the air inlet port to the air outlet port; a condensate collection compartment (#124, 126 fig 1, par 0030, #30, 32 fig 3 par 0042-0043) provided within the housing, the condensate collection compartment being adjacent to the filter compartment and including a first reservoir (#126 fig 1, #32 fig 3) operable to collect liquid formed by condensation in the flow of expiratory air (par 0032, 0042).
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Stjernfelt annotated fig 1
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Stjernfelt annotated fig 3
Stjernfelt is silent to a first self-sealing drainage port provided in a wall of the condensate collection compartment, the first self-sealing drainage port operable to allow removal of the collected liquid from the first reservoir without disconnecting the filter from the breathing circuit, wherein the first self-sealing drainage port comprises a first self-closing one- way valve operable to allow out liquid collected in the first reservoir (par 0054).
Nguyen teaches a ventilation system for collecting liquid/condensation (par 0054) including a first self-sealing drainage port (par 0054 discloses a Pneufit self-sealing connecter for draining the accumulated liquid) provided in a wall of the condensate collection compartment, the first self-sealing drainage port operable to allow removal of the collected liquid from the first reservoir without disconnecting the filter from the breathing circuit (par 0054), wherein the self-sealing drainage port comprises a self-closing one- way valve operable to allow out liquid collected in the first reservoir (par 0054).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a self-sealing drainage port as taught by Nguyen on each of the reservoirs (#126, 124 / #30, 32) of Stjernfelt as doing so allows for the accumulated liquid in the reservoirs to be drained from the apparatus so that it does not overfill.
Modified Stjernfelt is further silent to suctioning out the liquid collected.
Ryder teaches utilizing suction to aspirate liquid from the reservoir (col 3 ln 62 – col 4 ln 5 discloses use of suction).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a suction pipeline on the self-sealing drainage ports of modified Stjernfelt as doing so allows the liquid to be removed from the reservoir without relying on gravity, thus allowing the liquid to be removed to a collection spot in line with the drainage port.
Modified Stjernfelt remains silent to the condensate collection compartment includes a first cut-out portion configured to receive the first self-closing one-way valve such that the first self-closing one-way valve does not extend beyond an outer wall of the housing.
Lall teaches a condensate management apparatus (abstract) with a condensate collection compartment (#32 fig 1, 3) with a drainage port (#38 fig 3, col 3 ln 42-44) wherein the condensate collection compartment includes a first cut-out portion (see Lall annotated fig 3 below) configured to receive the drainage port such that the drainage port does not extend beyond an outer wall of the housing (see Lall annotated fig 3 below).
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Lall annotated fig 3
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a cut-out portion as taught by Lall on the drainage ports/one-way valves of modified Stjernfelt as doing so allows for the outer walls of the housing to protect the port thus preventing breakage and disconnection.
Regarding claim 2, modified Stjernfelt discloses the apparatus of claim 1. Stjernfelt further discloses the first reservoir is configured to collect liquid within a patient side of the filter compartment before the flow of expiratory air passes through the filter member (par 0032, 0042).
Regarding claim 3, modified Stjernfelt discloses the apparatus of claim 1. Stjernfelt further discloses a first condensate passage operable to permit liquid condensation within the filter compartment to pass into the first reservoir of the condensate collection compartment (see Stjernfelt annotated figs 1 and 3 above).
Regarding claim 5, modified Stjernfelt discloses the apparatus of claim 1. Stjernfelt further discloses the condensate collection compartment further includes a second reservoir (#124 fig 1, #30 fig 3) operable to collect liquid formed by condensation in the flow of expiratory air within the filter compartment (par 0033, 0043).
Regarding claim 6, modified Stjernfelt discloses the apparatus of claim 5. Stjernfelt further discloses the second reservoir is configured to collect liquid within a ventilator side of the filter compartment after the flow of expiratory air passes through the filter member (par 0033, 0043).
Regarding claim 7, modified Stjernfelt discloses the apparatus of claim 5. Modified Stjernfelt further discloses a second self-sealing drainage port provided in a wall of the condensate collection compartment, the second self-sealing drainage port operable to allow removal of the collected liquid from the second reservoir (see rejection of claim 1 above where Nguyen teaches incorporation of a drainage port in both reservoirs of the apparatus).
Regarding claim 8, modified Stjernfelt discloses the apparatus of claim 7. Modified Stjernfelt further discloses the second self-sealing drainage port comprises a second self-closing one-way valve operable to allow suctioning out the liquid collected in the second reservoir (Nguyen: par 0054 disclosing self-closing one way valve, Ryder: col 3 ln 62 – col 4 ln 5 disclosing use of suction).
Regarding claim 9, modified Stjernfelt discloses the apparatus of claim 5. Stjernfelt further discloses a second condensate passage operable to permit liquid within the filter compartment to pass into the second reservoir of the condensate collection compartment (see Stjernfelt annotated figs 1 and 3 reinserted below).
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Reinserted Stjernfelt annotated fig 1
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Reinserted Stjernfelt annotated fig 3
Regarding claim 10, modified Stjernfelt discloses the apparatus of claim 5. Stjernfelt further discloses the first and second reservoirs in the condensate collection compartment are separated by a partition (#116 fig 1, #22 fig 3) configured to prevent mixing the liquid collected in the first reservoir with the liquid collected in the second reservoir.
Regarding claim 11, modified Stjernfelt discloses the apparatus of claim 1. Stjernfelt further discloses an impact pad within the filter compartment and operable to remove liquid from the flow of expiratory air (#120 fig 1, par 0031, #20 fig 3, par 0040).
Regarding claim 12, modified Stjernfelt discloses the apparatus of claim 11. Stjernfelt further discloses the impact pad is located in a patient side of the filter compartment between the filter member and the air inlet port (see fig 1, 3).
Regarding claim 21, modified Stjernfelt discloses the apparatus of claim 1. Lall further discloses the first cut-out portion defines a first stepped region (see Lall annotated fig 3 reinserted below).
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Lall annotated fig 3
Regarding claim 22, modified Stjernfelt discloses the apparatus of claim 8. Modified Stjernfelt further discloses the condensate collection compartment includes a second cut-out portion configured to receive the second self-closing one-way valve such that the second self-closing one-way valve does not extend beyond the outer wall of the housing (see Lall annotated fig 3 above, incorporated drainage ports of both reservoirs as taught in claim 1).
Regarding claim 23, modified Stjernfelt discloses the apparatus of claim 22. Modified Stjernfelt further discloses the second cut-out portion defines a second stepped region (see Lall annotated fig 3 above).
Regarding claim 24, modified Stjernfelt discloses the apparatus of claim 10. Stjernfelt further discloses a first portion of the filter member (#120 fig 1) is located on a first side of a vertical axis of the partition such that the first portion of the filter member is located above the first reservoir (see fig 1), and a second portion of the filter member (#122 fig 1) is located on a second side of the vertical axis of the partition such that the second portion of the filter member is located above the second reservoir (see fig 1).
Regarding claim 25, modified Stjernfelt discloses the apparatus of claim 10. Stjernfelt further discloses a vertical axis of the partition extends through the filter member (see fig 1 showing a vertical axis of the partition extending between filter portions 122 and 120).
Response to Arguments
Applicant’s arguments with respect to claim 1 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Acker (US 2008/0009761 A1) teaches a breath condensate collector
Flodin (US 2003/0010342 A1) teaches a liquid trap for exhalation gas
Ostberg (US 2003/0167927 A1) teaches a disposable filter with a water trap
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRA B DAHER whose telephone number is (571)270-0190. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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