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 .
Election/Restrictions
This action is responsive to the election filed 10/24/2024. Applicant has elected group 1 claims 1-12, thus claims 13-20 are withdrawn from consideration.
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, 5-7 and 9-12 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).
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 (#122 fig 1, par 0030, #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.
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).
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.
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 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 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).
Claims 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over modified Stjernfelt as applied to claims 1 and 5 above, and further in view of Ryder (US 5,660,167 A).
Regarding claim 4, modified Stjernfelt discloses the apparatus of claim 1. Nguyen discloses the self-sealing drainage port comprises a self-closing one- way valve operable to allow out liquid collected in the first reservoir (par 0054).
Modified Stjernfelt is 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 both of the self-sealing drainage port 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.
Regarding claim 8, modified Stjernfelt discloses the apparatus of claim 5. Nguyen discloses the self-sealing drainage port comprises a self-closing one- way valve operable to allow out liquid collected in the first reservoir (par 0054).
Modified Stjernfelt is 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 both of the self-sealing drainage port 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lall (US 5,826,575 A) teaches condensation collection for the exhalation gas of a ventilator
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
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
/TIMOTHY A STANIS/Primary Examiner, Art Unit 3785