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
The amendment filed on 7/14/2026 has been entered. Claims 27-28 and 30-34 are pending in the application. Claims 1-26 and 29 are cancelled. The amendments to the claims overcome each and every objection, 112(b) rejection, and 112(d) rejection previously set forth in the Non-Final Office Action mailed on 4/30/2026.
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 27-28 and 30-33 are rejected under 35 U.S.C. 103 as being unpatentable over Stearns et al. (US 2012/0245511 A1) in view of Mastri et al. (US 2016/0287817 A1, hereinafter referred to as "Mastri '817").
Regarding claim 27, Stearns discloses a surgical gas delivery system for performing a laparoscopic surgical procedure in an abdominal cavity of a patient (see Figs. 1-5, par. [0004]-[0006] and [0008]) comprising:
an access port (trocar 100) configured for introduction into the patient's abdominal cavity and having a proximal housing (proximal vaned section 200) that includes an exterior coupling (fluid manifold 210) configured to connect a connector at a distal end of a tube set (see Figs. 1-5, par. [0033]-[0034], fluid manifold 210 includes ports 212 to communicate gas between a source and the trocar 100); and
a nozzle assembly (tube center component 180 and ring jet assembly 190), wherein the nozzle assembly (tube center component 180 and ring jet assembly 190) is configured to accelerate pressurized gas delivered from a pump in a gas delivery device to generate a gaseous seal within the surgical gas delivery system at a location that is downstream from an outlet of the pump in the gas delivery device and upstream from the exterior coupling (fluid manifold 210) of the proximal housing (proximal vaned section 200) of the access port (trocar 100) to maintain a stable pressure level within the abdominal cavity of the patient (see par. [0033], [0035]-[0038], [0040]-[0041], tube center component 180 and ring jet assembly 190 generate a gaseous seal in lumen 106, which is downstream of the source of the gas; further, since gas is exhausted/recirculated through plenum 230, the seal in lumen 106 can also be considered upstream of fluid manifold 210).
However, Stearns fails to state a gas delivery device having a housing that houses a pump and has an open reception cavity therein; a filter cartridge having an outer housing configured to communicate with the open reception cavity in the housing of the gas delivery device; a tube set extending from the outer housing of the filter cartridge and including a connector at a distal end of the tube set; wherein the nozzle assembly is located outside of and separated from the outer housing of the filter cartridge and outside of the open reception cavity in the housing of the gas delivery device.
Mastri '817 teaches a surgical gas delivery system (see Figs. 1-11, par. [0040]) comprising: a gas delivery device (gas delivery device 12) having a housing (housing 14) that houses a pump (pump assembly 20) and has an open reception cavity (cartridge engagement port 60) therein (see Figs. 1-2, par. [0040], [0051]-[0053]); a filter cartridge (gas conditioning unit 30) having an outer housing (housing 50) configured to communicate with the open reception cavity (cartridge engagement port 60) in the housing (housing 14) of the gas delivery device (gas delivery device 12) (see Figs. 1-2, par. [0042], [0051]-[0053], [0055]-[0056]); a tube set (conduits 32 and 40) extending from the outer housing (housing 50) of the filter cartridge (gas conditioning unit 30) and including a connector (complementary luer fittings of conduits 32 and 40 to engage luer fittings 34a and 42a) at a distal end of the tube set (conduits 32 and 40) (see Figs. 1-2 and 11, par. [0045]-[0046], [0052], [0060]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Stearns to include a gas delivery device having a housing that houses a pump and has an open reception cavity therein; a filter cartridge having an outer housing configured to communicate with the open reception cavity in the housing of the gas delivery device; a tube set extending from the outer housing of the filter cartridge and including a connector at a distal end of the tube set, as taught by Mastri '817, in order to incorporate structures which convey the necessary gases to and from the access port for insufflation during the laparoscopic surgery and further filter the gas before and after reaching the abdominal cavity (see Mastri '817 par. [0040], [0055]- [0056]; see Stearns par. [0004]-[0006], [0008]). Since the nozzle assembly (Stearns, tube center component 180 and ring jet assembly 190) is connected to the proximal housing (Stearns, proximal vaned section 200) of the access port (Stearns, trocar 100), this modification would further teach wherein the nozzle assembly (Stearns, tube center component 180 and ring jet assembly 190) is located outside of and separated from the outer housing (Mastri '817, housing 50) of the filter cartridge (Mastri '817, gas conditioning unit 30) and outside of the open reception cavity (Mastri '817, cartridge engagement port 60) in the housing (Mastri ‘817, housing 14) of the gas delivery device (Mastri '817, gas delivery device 12) (see Stearns Fig. 1; see Mastri '817 Figs. 1-2).
Regarding claim 28, modified Stearns teaches the surgical gas delivery system as recited in claim 27 substantially as claimed. However, modified Stearns fails to state wherein the nozzle assembly is located within the housing of the gas delivery device.
Mastri '817 teaches a surgical gas delivery system (see Figs. 1-11, par. [0040]) wherein the nozzle assembly (nozzle assembly 150) is located within the housing (housing 14) of the gas delivery device (gas delivery device 12) (see Figs. 1-5, par. [0046]-[0047], nozzle assembly 150 is located within end cap 70).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified Stearns to include wherein the nozzle assembly is located within the housing of the gas delivery device, as taught by Mastri '817, as an additional or alternative mechanism to pressurize the gas flowing through the system to generate the stable pressure (see Mastri '817 par. [0046]-[0047]).
Regarding claim 30, modified Stearns teaches the surgical gas delivery system as recited in claim 27 substantially as claimed. Stearns further teaches wherein the nozzle assembly (tube center component 180 and ring jet assembly 190) is located outside of the proximal housing (proximal vaned section 200) of the access port (trocar 100) (see Figs. 1-3).
Regarding claim 31, modified Stearns teaches the surgical gas delivery system as recited in claim 27 substantially as claimed. Stearns further teaches wherein the nozzle assembly (tube center component 180 and ring jet assembly 190) comprises upper (tube center component 180) and lower (ring jet assembly 190) annular jet rings forming a plurality of circumferentially spaced-apart air accelerating nozzles (jets 183a) (see Figs. 1-3 and 16, par. [0033], [0035]).
Regarding claim 32, modified Stearns teaches the surgical gas delivery system as recited in claim 27 substantially as claimed. Stearns further teaches wherein the nozzle assembly (tube center component 180 and ring jet assembly 190) comprises a nozzle disc (tube center component 180 and ring jet assembly 190 form a disc) that includes at least one radially inwardly angled gas accelerating nozzle (jets 183a) (see Figs. 1-3, 10A-B, and 16, par. [0033], [0035]-[0036]).
Regarding claim 33, modified Stearns teaches the surgical gas delivery system as recited in claim 27 substantially as claimed. Modified Stearns further teaches wherein the filter cartridge (Mastri '817, gas conditioning unit 30) includes a first filtered flow path (Mastri '817, see Fig. 6), a second filtered flow path (Mastri '817, see Fig. 7), and a third filtered flow path (Mastri '817, see Fig. 8) (Mastri '817, see Figs. 6-10, par. [0055]-[0056]; see previous modifications in rejection of claim 27 above).
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Stearns et al. (US 2012/0245511 A1) in view of Mastri et al. (US 2016/0287817 A1, hereinafter referred to as "Mastri '817"), as applied to claim 33 above, further in view of Mastri et al. (US 2016/0106952 A1, hereinafter referred to as "Mastri '952").
Regarding claim 34, modified Stearns teaches the surgical gas delivery system as recited in claim 33. Modified Stearns further teaches wherein the tube set (Mastri '817, conduits 32 and 40) includes a first lumen (Mastri '817, conduit 40) communicating with the first filtered flow path (Mastri '817, see Fig. 6) of the filter cartridge (Mastri '817, gas conditioning unit 30) and a second lumen (Mastri '817, conduit 32) communicating with the second filtered flow path (Mastri, see Fig. 7) of the filter cartridge (Mastri '817, gas conditioning unit 30) (Mastri '817, see Figs. 6-10, par. [0055]-[0056]; see previous modifications in rejection of claim 27 above).
However, modified Stearns fails to state a third lumen communicating with the third filtered flow path of the filter cartridge.
Mastri '952 teaches a surgical gas delivery system (see Figs. 1-3, par. [0032]) comprising three separate lumens (lumens 32, 34, and 36) communicating with three separate filtered flow paths (see par. [0038]-[0040]), respectively, of the filter cartridge (filter unit 22) (see Figs. 1-3, par. [0035], [0038]-[0040]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified Stearns to include a third lumen communicating with the third filtered flow path of the filter cartridge, as taught by Mastri '952, in order to allow each filtered flow path of the filter cartridge to have its own distinct lumen for communicating with the access port, see Mastri '952 par. [0036]-[0038]).
Response to Arguments
Applicant's arguments filed 7/14/2026 have been fully considered but they are not persuasive.
In regards to independent claim 27, Applicant argues that Mastri ‘817 fails to teach that the nozzle assembly is located outside of and separated from the outer housing of the filter cartridge. This argument is not found to be persuasive. As described in the rejection of claim 27 above, this limitation is taught by the combination of Stearns in view of Mastri ‘817. Stearns teaches a nozzle assembly (tube center component 180 and ring jet assembly 190) located within a trocar (see Stearns Fig. 1) which has a coupling (fluid manifold 210) configured to connect to fluid sources (see Stearns Fig. 1, par. [0033]-[0034]). Mastri ‘817 teaches a system comprising a similar trocar, a tube set, a filter cartridge, a pump, and a gas delivery device (see Mastri ‘817, Fig. 1) which would function as the fluid source(s) for the trocar/nozzle assembly of Stearns. Should the filter cartridge (gas conditioning unit 30) of Mastri ‘817 be combined with the trocar of Stearns as described in the rejection of claim 27 above, this modification would still teach that the nozzle assembly (Stearns, tube center component 180 and ring jet assembly 190 located within the trocar) is located outside of and separated from the outer housing of the filter cartridge (Mastri ‘817, gas conditioning unit 30).
Applicant further argues that the nozzle assembly 180/190 of Stearns is located downstream of the exterior coupling 210, rather than upstream from the exterior coupling 210 as claimed. This argument is not found to be persuasive. Gas can flow in both directions through trocar 100, from a gas source, into coupling 210, through high pressure plenum 220, and into lumen 106 where a gaseous seal is created (see par. [0035]-[0036]) and from lumen 106, into recirculation plenum 230, and into a filtration system outside of the trocar (see par. [0040]-[0041]). Therefore, the nozzle assembly 180/190 can be considered to generate a seal at a location that is both downstream from the pump and upstream from the exterior coupling in the manner claimed.
Conclusion
THIS ACTION IS MADE FINAL. 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 AVERY SMALE whose telephone number is (571)270-7172. The examiner can normally be reached Mon.-Fri. 8-4 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at (571) 272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AVERY SMALE/Examiner, Art Unit 3783 /EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
