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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/31/2025 has been entered. Claims 1-5 and 7 remain pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5 and 7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Examiner notes that the limitation of a “right angle” transition constitutes new matter. The drawings generally show an angle that might be a right angle, but it is not explicitly shown as such. The Specification does not specify any angle of a transition between the second and third diameters.
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.
Claims 1-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Pell (US 5713348) in view of Morgan et al. (US 2020/0345998).
Re Clm 1: Pell discloses a unitary adapter (10) capable of coupling a breathing circuit to an operating laryngoscope, comprising: a monolithic body (ash shown) having a small-bore connector (14) having a first inner diameter (as shown), the small- bore connector being formed at a first end (left end, figs 1-3); an elongated tubular passage (middle tapered portion) having a second inner diameter greater than the first inner diameter (figs 2-3); and a second end (right end) having an opening configured to couple the body to the breathing circuit (as shown), said opening having a third inner diameter greater than the second diameter (see figs 2-3); and a flange (18) projecting radially outward from an exterior surface of the elongated cylindrical tubular passage at a right angle transition between the second inner diameter and a third inner diameter (shown in figs 2-3).
Pell fails to disclose a cylindrical collar concentrically formed around the small-bore connector, the cylindrical collar having a threaded inner wall configured to couple the body to the operating laryngoscope.
Morgan et al. teaches (fig 6) the use of a unitary adapter at a first end (small bore) of the adapter having a cylindrical collar (252, 254) concentrically formed around the small-bore connector, the cylindrical collar having a threaded inner wall (242) configured to couple the body to the operating laryngoscope. This is a well-known Luer Lock configuration is taught for the purpose of connecting tubing to prevent unwanted leaks. Therefore, it would have been obvious to one having ordinary skill before the effective filing date of the present invention to have provided the first end small bore of the adapter of Pell with a known Luer Lock having a cylindrical collar concentrically formed around the small-bore connector, the cylindrical collar having a threaded inner wall configured to couple the body to the operating laryngoscope, as taught by Morgan et al. with a reasonable expectation of success, for the purpose of connecting tubing to prevent unwanted leaks.
Re Clms 2 and 3: Pell as modified above disclose wherein the small-bore connector is configured to couple the body to an attachment port on a side of the operating laryngoscope (clm 2), and wherein the small-bore connector is configured to couple the body to an end of the operating laryngoscope (clm 3).
Re Clm 4: Pell as modified above discloses wherein the flange body has a rounded rectangle shape-shaped flange projecting radially outward from an exterior surface of the elongated tubular passage at a transition between the second diameter and the third diameter (see figs 2-3).
Re Clm 5: Pell as modified above discloses wherein a concave arcuate surface is formed at a transition between the first inner diameter and the second inner diameter (see figs 2 and 3).
Re Clm 7: Pell as modified above discloses wherein the elongated tubular passage and the cylindrical collar have a first outer diameter and the second end has a second outer diameter greater than the first outer diameter (as shown in Pell and Morgan et al.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
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/JONATHAN P MASINICK/Primary Examiner, Art Unit 3678