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
Claims 10 and 19 have been amended. Claim 20 has been cancelled and claim 21 has been added. No new matter has been added. Claims 1-19 and 21 remain pending.
Response to Arguments
Applicant’s arguments, see pgs. 9-10 of Applicant’s Remarks, filed 06/25/2025, with respect to the rejection(s) of claim(s) 1 and 16 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Pic et al. (US 20190232030, henceforth Pic, previously made of record) in view of Eder et al. (US 20170119980, henceforth Eder, previously made of record) under a new interpretation.
Claim Objections
Claims 10, 15, and 17 objected to because of the following informalities:
Claim 10 is objected to for a typographical error wherein there is improper antecedent basis in the claim where the claim recites “the second position to the first position when the pressure of the pressurized fluid is below a pressure threshold” and should instead recite “the second position to the first position when a pressure of the pressurized fluid is below a pressure threshold” to have proper antecedent basis.
Claim 15 is objected to for a typographical error wherein there is improper antecedent basis in the claim where the claim recites “configured to receive an enclosure” and should instead recite “configured to receive the enclosure” to have proper antecedent basis.
Claim 17 is objected to for a typographical error wherein there is improper antecedent basis in the claim where the claim recites “chamber is configured to contain a material” and should instead recite “chamber is configured to contain the material” to have proper antecedent basis.
Appropriate correction is required.
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.
Claim(s) 1-19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pic et al. (US 20190232030, henceforth Pic, previously made of record) in view of Eder et al. (US 20170119980, henceforth Eder, previously made of record).
Regarding claim 1, Pic discloses a medical device (apparatus 114, fig. 10, using the assembly 70 of figs. 15-16, see [0062] which discloses this embodiment) configured to deliver a material (powdered agent 54, fig. 15) using a pressurized fluid (pressurized gas of [0066]), the device comprising: an enclosure (assembly 170, fig. 15) having a first chamber (mixing chamber 171, fig. 15) and a second chamber (powder chamber 190, fig. 15), and an outlet (opening 180, fig. 15); and a pin (passage 194 and protrusion 198, fig. 15) configured to move within the enclosure (see figs. 15 and 16, passage 194 moves relative to protrusion 198) between a first position (fig. 15) and a second position (fig. 16), wherein a proximal end of the pin (the half of passage 194 closer to opening 196, fig. 15) is configured to block the outlet when the pin is in the first position (see fig. 15 and [0067]).
Pic does not disclose that the first chamber and the second chamber are separated by a membrane. Eder teaches a membrane (compressed-gas-permeable swirl plate 9, fig. 2) separating a first chamber (compressed gas line 12, fig. 2) and a second chamber (container interior space 3, fig. 2) where the membrane is arranged at an inlet for pressurized fluid (see fig. 2 and [0060]-[0061]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the membrane of Eder to the device of Pic at the inlet of the pressurized fluid of Pic as in Eder for the benefit of loosening up or aerating at least a portion of material in the chamber without conveying the material out of the chamber (Eder [0008]).
{Examiner notes that all subsequent references are to Pic unless otherwise expressly stated.}
Regarding claim 2, Pic as modified discloses the medical device of claim 1 wherein the membrane includes a plurality of apertures (see Eder channels or pores of [0060]) fluidly connecting the first chamber and the second chamber (in the modified device, the added membrane of Eder is configured to connect mixing chamber 171 with powder chamber 190 where it is arranged at the compressed gas inlet to chamber 190 with the inlet coming from chamber 171 as shown in fig. 17).
Regarding claim 3, Pic as modified discloses the medical device of claim 1 wherein the second chamber is configured to contain the material (see fig. 15, in the first position, the powdered agent 54 is held in powder chamber 190 which is the second chamber as claimed), and wherein the membrane is configured to prevent the material from moving from the second chamber to the first chamber (in the modified device, the added membrane of Eder prevents the powdered material from moving down passage 176 into chamber 171).
Regarding claim 4, Pic as modified discloses the medical device of claim 1 wherein the first chamber includes an inlet (opening 196, fig. 15), and wherein the pressurized fluid is configured to flow into the first chamber via the inlet ([0068]).
Regarding claim 5, Pic as modified discloses the medical device of claim 1 wherein the pin is configured to move from the first position when a pressure of the pressurized fluid exceeds a pressure threshold (see [0092], pressure build up occurs in the chamber prior to the opening of the pin).
Regarding claim 6, Pic as modified discloses the medical device of claim 1 further comprising a spring (spring as in [0061]), wherein the spring is configured to urge the pin in the first position (see [0061], the spring urges the trigger 144 back to its resting position which is the closed position of fig. 15, and thus the spring urges passage 194 to the first position of fig. 15).
Regarding claim 7, Pic as modified discloses the medical device of claim 6 wherein the pin is configured to move from the first position when a pressure of the pressurized fluid overcomes a spring force exerted by the spring on the pin (see [0027], [0061], and [0092] pressure from the pressurized gas increases when the trigger is actuated against the force of the spring by the user; the force of the spring being overcome and the increase in pressure which allows for the gas to escape through the moved pin is what allows for gas expulsion).
Regarding claim 8, Pic as modified discloses the medical device of claim 6 wherein the pin is configured to move from the first position when a pressure of the pressurized fluid overcomes a spring force exerted by the spring on the pin (see [0027], [0061], and [0092] pressure from the pressurized gas increases when the trigger is actuated against the force of the spring by the user; the force of the spring being overcome and the increase in pressure which allows for the gas to escape through the moved pin is what allows for gas expulsion) and a pressure of an exterior atmosphere exerted on the pin (pressure differential from the interior of the mixing chamber being higher than an exterior atmospheric pressure allows for the expulsion of gas, as a negative pressure differential would cause gas to flow into the chamber when the pin is moved).
Regarding claim 9, Pic as modified discloses the medical device of claim 1 wherein a distance between the proximal end of the pin and the membrane when the pin is in the second position is sufficient to allow at least a portion of the material to move into the outlet from the second chamber (see [0068]).
Regarding claim 10, Pic as modified discloses the medical device of claim 1 wherein the pin is configured to move from the second position to the first position when the pressure of the pressurized fluid is below a pressure threshold (see [0061] and [0092], releasing the trigger causes gas feeding to the chamber to end, meaning that the spike in pressure ends and the pressure does not go past the pressure threshold, and the pin returns to its closed first position due to the force of the spring).
Regarding claim 11, Pic as modified discloses the medical device of claim 1 wherein the pin includes a protrusion (protrusion 198, fig. 15), wherein the protrusion is configured to extend into an opening of the outlet in the first position (see [0067] and the position of fig. 15, protrusion 198 is configured to extend into opening 196 which is contiguous with opening 180 and is thus considered to be an opening of the outlet as claimed), to be disposed entirely outside the opening of the outlet in the second position (see the position of fig. 16), and to be disposed at least partially within the opening of the outlet in a third position of the pin between the first and second positions (see [0067], partial insertion between lack of insertion and full insertion in an intermediate position is disclosed), wherein the pressurized fluid is flowable from the second chamber through the opening and the material is prevented from flowing from the second chamber through the opening, when the pin is in the third position ([0067]).
Regarding claim 12, Pic as modified discloses the medical device of claim 1 wherein the pin is configured to be moved to a third position between the first position and the second position (see [0067], partial insertion between lack of insertion and full insertion in an intermediate position is disclosed), when a pressure of the pressurized fluid in the first chamber is greater than a first threshold and lower than a second threshold (see [0067] and [0092], while the pressure builds within the chamber during pressing of the trigger, there is a pressure which is below the maximum pressure before the opening of the pin which is above the minimum pressure; this is the claimed pressure).
Regarding claim 13, Pic as modified discloses the medical device of claim 12 wherein the pressurized fluid is configured to pass from the first chamber into the second chamber when the pin is in the third position (since the third position is caused by partial pressing of trigger 144 and pressing of trigger 144 is what causes a pressure increase where gas is fed into the second chamber via opening 184, the gas is configured to pass from mixing chamber 171 into powder chamber 190 as claimed via opening 192), but the material is configured to remain within the second chamber when the pin is in the third position (since the third position includes passage 194 being closed, the powdered agent 54 cannot flow through passage 194 and is thus not configured to flow out of the second chamber as claimed).
Regarding claim 14, Pic as modified discloses the medical device of claim 1 further comprising an actuator (trigger 124, fig. 10 – note that [0052] discloses that trigger 124 is the same as trigger 42) configured to supply the pressurized fluid to the first chamber when the actuator is actuated ([0027]).
Regarding claim 15, Pic as modified discloses the medical device of claim 1 further comprising: a body (chassis 112, fig. 10) having an input opening (the spot at which gas supply 116 connects with chassis 112 is an input opening, fig. 10) for receiving the pressurized fluid ([0050]) and an output opening (distal opening 30, fig. 10) for delivering the pressurized fluid ([0025]), the body defining a fluid path between the input opening and the output opening (see [0025], lumen 28 provides for such a path); and a handle (handle 122, fig. 10) configured to receive an enclosure (see [0063], assembly 170 is reloadable into chassis 112 and handle 122 thereof as shown) containing the pressurized fluid (see fig. 15), wherein the enclosure is configured to be attached to the body (see fig. 10) and form a portion of the fluid path between the input opening and the output opening (see figs. 10 and 15).
Regarding claim 16, Pic discloses a medical device (apparatus 114, fig. 10, using the assembly 70 of figs. 15-16, see [0062] which discloses this embodiment) configured to deliver a material (powdered agent 54, fig. 15), the device comprising: a body (chassis 112, fig. 10) having an input opening (the spot at which gas supply 116 connects with chassis 112 is an input opening, fig. 10) for receiving a pressurized fluid ([0050]) and an output opening (distal opening 30, fig. 10) for delivering the material ([0025]); an enclosure (assembly 170, fig. 15) having a first chamber (mixing chamber 171, fig. 15) and a second chamber (powder chamber 190, fig. 15); and a pin (passage 194 and protrusion 198, fig. 15) configured to move within the enclosure (see figs. 15 and 16, passage 194 moves relative to protrusion 198) between a first position (fig. 15) and a second position (fig. 16), wherein the pin is configured to close the output opening in the first position (see fig. 15 and [0067]).
Pic does not disclose the device comprising a membrane including a plurality of apertures, wherein the membrane is disposed between the first chamber and the second chamber. Eder teaches a device (container 2 of fig. 2) comprising a membrane (compressed-gas-permeable swirl plate 9, fig. 2) including a plurality of apertures (channels or pores of [0060]), wherein the membrane is disposed between a first chamber (compressed gas line 12, fig. 2) and a second chamber (container interior space 3, fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the membrane of Eder to the device of Pic at the inlet of the pressurized fluid of Pic as in Eder for the benefit of loosening up or aerating at least a portion of material in the chamber without conveying the material out of the chamber (Eder [0008]).
Regarding claim 17, Pic as modified discloses the medical device of claim 16 wherein the second chamber is configured to contain a material (see fig. 15, in the first position, the powdered agent 54 is held in powder chamber 190 which is the second chamber as claimed), and wherein a diameter of each of the plurality of apertures is configured to be less than a particle size of particles of the material (see Eder [0013], the diameter is small as taught such that the material cannot enter or pass through).
Regarding claim 18, Pic as modified discloses the medical device of claim 16 wherein the pin includes a protrusion (protrusion 198, fig. 15) extending from a proximalmost end of the pin (see fig. 16 where the proximalmost end of the pin is the end of passage 194 closest to protrusion 198), and wherein the protrusion is configured to extend into the output opening in the first position (see [0067] and the position of fig. 15, protrusion 198 is configured to extend into opening 196 which is contiguous with opening 180 and is thus considered to be an opening of the outlet as claimed).
Regarding claim 19, Pic as modified discloses the medical device of claim 18 wherein a distance between the protrusion and the output opening in the second position is sufficient to allow a material and the pressurized fluid to pass from the second chamber into the output opening (see [0068] and figs. 15 and 16).
Regarding claim 21, Pic discloses a medical device (apparatus 114, fig. 10, using the assembly 70 of figs. 15-16, see [0062] which discloses this embodiment) configured to deliver a material (powdered agent 54, fig. 15) using a pressurized fluid (pressurized gas of [0066]), the device comprising: an outlet (opening 180, fig. 15); an enclosure (assembly 170, fig. 15) including a first chamber (mixing chamber 171, fig. 15) and a second chamber (powder chamber 190, fig. 15); and a pin (passage 194 and protrusion 198, fig. 15) configured to move relative to the first chamber between a closed position (position of fig. 15) and an open position (position of fig. 16; note that protrusion 198 especially moves with respect to the first chamber as claimed), wherein an end of the pin is configured to block the outlet when the pin is in the closed position (see fig. 15 and [0067]).
Pic does not disclose that the first chamber and the second chamber are separated by a membrane. Eder teaches a membrane (compressed-gas-permeable swirl plate 9, fig. 2) separating a first chamber (compressed gas line 12, fig. 2) and a second chamber (container interior space 3, fig. 2) where the membrane is arranged at an inlet for pressurized fluid (see fig. 2 and [0060]-[0061]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the membrane of Eder to the device of Pic at the inlet of the pressurized fluid of Pic as in Eder for the benefit of loosening up or aerating at least a portion of material in the chamber without conveying the material out of the chamber (Eder [0008]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL J MARRISON whose telephone number is (703)756-1927. The examiner can normally be reached M-F 7:00a-3:30p ET.
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/SAMUEL J MARRISON/Examiner, Art Unit 3783 /EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
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