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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/18/2025 and 11/17/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The amendments filed on 08/06/2025 has been entered. Claims 1, 5-10, and 14 have been amended; claims 2-4 have been cancelled; claims 22-23 have been added. Accordingly, claims 1 and 5-23 are pending and under consideration.
Applicant's amendments to the claims have overcome each and every objection and 35. U.S.C. 112(a)/(b) rejection previously set forth in the Non-final Office action mailed on 06/02/2025. Therefore, all 35 U.S.C. 112(a)/(b) rejections are hereby withdrawn.
However, the amendments have invoked new 112(b) rejections. See rejection of claims below.
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 entirely on the same combination of references applied in the prior rejection of record for teaching or matter specifically challenged in the argument.
In light of further consideration, claim 1 is hereby rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holter US 2005/0075616 A1. See rejection of claims below.
Claim Rejections - 35 USC § 112
8. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 5-23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "each of a first plurality of portions of the first side joined to a corresponding one of a second plurality of portions of the second side to form a plurality of flow elements" in the second paragraph. It is unclear to Examiner whether the “first side” and the “second side” are intended to be the first and second side of the outer wall, or the first and second side of the filter flow path. Applicant is advised to review all instances of the first/second side throughout the claims to clearly point out the features.
Claims 5-23 are rejected due to dependency upon claim 1.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 7, 10, 11, 16, 17, 20, 21, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holter US 2005/0075616 A1 (previously cited, hereinafter Holter).
Regarding claim 1, Holter discloses an ostomy appliance (Fig. 4, and Par. 47 – “ostomy bag”) comprising:
an outer wall having first 40 (Fig. 4 – rear wall/body-side wall 40) and second opposed sides (Par. 47 – “frontal wall (not depicted)”) joined at an outer periphery 42+OP (see annotated Fig. 4 below), an inlet I (see annotated Fig. 4 below), a gas outlet 46 (Fig. 4 – distal port 46, and Par. 46 – “at least one distal port (that is, the distal tube end) be transverse to the tube axial flow (capable of axial gas flow out of the tube opening)”) disposed on the first side 40 (Fig. 4 – distal port 46 disposed at the rear wall 40), an inner wall 42b+42c (Fig. 4 – seal 42b and 42c) formed between the first and second opposed sides 40 (Fig. 4, and Par. 47; Fig. 4 depicts a cutaway portion of the ostomy bag, and the inner wall 42b+42c are integral with the outer periphery OP and 42, thus inner wall 42b+42c are formed by attached the rear wall and the frontal wall), and a filter assembly 81 (Fig. 8A – cylindrical filter/connecting tube 81, and Par. 47 – “A bag having a long multipurpose tube would provide benefit to an ostomist, for example, when the tube is used to house a series of removable cylindrical filters, for example as illustrated in FIG. 8A below”), wherein the outer wall 40 (Fig. 4, and Par. 47 – “frontal wall”) defines an interior volume 45+47+48 (Fig. 4 – multipurpose tube 45, ostomy bag main chamber 47, and channel 48) comprising a collection area 47 (Fig. 4) and a filter flow path 45+48 (Fig. 4) in fluid communication with the collection area 47 (Fig. 4), the inner wall 42b+42c (Fig. 4) separates at least a portion of the filter flow path 45+48 (Fig. 4) from the collection area 47 (Fig. 4), and the filter flow path 45+48 (Fig. 4) fluidically connects the filter assembly 81 (Fig. 8A) to the collection area 47 (Fig. 4, and Par. 47 – “A bag having a long multipurpose tube would provide benefit to an ostomist, for example, when the tube is used to house a series of removable cylindrical filters, for example as illustrated in FIG. 8A below”; when tube 45 houses the cylindrical filter 81, it will be in fluid communication with the main chamber 47 and channel 48 as tube 45 is in fluid communication with chamber 47 and channel 48), wherein the inner wall 42b+42c (Fig. 4) forms a first side of the filter flow path 45+48 (Fig. 4 – seal 42c forms the innermost edge of tube 45 and channel 48) and the outer periphery 42 (Fig. 4) forms a second side of the filter flow path 45+48 (Fig. 4 – seal 42 forms the outermost edge of tube 45 and channel 48);
each of a first plurality of portions of the first side 40 (Fig. 4) joined to a corresponding one of a second plurality of portions of the second side (Par. 47 – “frontal wall”) to form a plurality of flow elements 441, 442, 491, 492 (Fig. 4 – baffles 441, 442, 491, 492; Fig. 4 shows a cutaway portion of the ostomy bag where the rear wall 40 and the frontal wall 40 are joined, including the baffles 441, 442, 491, 492), wherein the plurality of flow elements 441, 442, 491, 492 (Fig. 4) comprises a first plurality of flow elements 442, 492 (Fig. 4) and a second plurality of flow elements 441, 491 (Fig. 4) between the first side 40 (Fig. 4 – rear wall 40) and the second side (Par. 47 – “frontal wall”; these baffles 441, 442, 491, 492 are joined between the rear wall 40 and frontal wall of ostomy bag), wherein the first plurality of flow elements 442, 492 (Fig. 4) have fixed ends at the first side of the filter flow path 45+48 (Fig. 4 – baffles 442, 492 are fixed at the seals 42b+42c, which is the innermost edge of tube 45 and channel 48) and free ends spaced from the second side of the filter flow path 45+48 (Fig. 4 – baffles 442, 492 are non-fixed to the outer periphery and seal 42, which is the outermost edge of tube 45 and channel 48, at a certain distance) and the second plurality of flow elements 441, 491 (Fig. 4) have fixed ends at the second side of the filter flow path 45+48 (Fig. 4 – baffles 441, 491 are fixed at outer periphery and seal 42, which is the outermost edge of tube 45 and channel 48) and free ends spaced from the first side of the filter flow path 45+48 (Fig. 4 – baffles 44, 491 are non-fixed to the seals 42b+42c, which is the innermost edge of tube 45 and channel 48, at a certain distance); and
wherein the first plurality of flow elements 442, 492 (Fig. 4) and the second plurality of flow elements 441, 491 (Fig. 4) are sized and arranged to permit gas venting from the collection area 47 (Fig. 4) to the filter assembly 81 (Fig. 8A, and Fig. 6B for an exemplary demonstration, and Par. 47) and restrict liquid and/or solid flow from the collection area 47 (Fig. 4) to the filter assembly 82 (Fig. 8A, and Par. 47 – “The length of versatile tube also permits the inclusion of baffles 441 and 442 upstream of normal gaseous flow to further impede the flow of fecal solids that otherwise could touch or even clog the filters” and “Advantageously, baffles 491 and 492 would deflect most fecal solid or liquid that otherwise could enter channel 48).
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Annotated Fig. 4 of Holter
Regarding claim 7, Holter discloses the invention of claim 1. Holter further discloses wherein the plurality of flow elements 441, 442, 491, 492 (Fig. 4) are formed in a predetermined shape (Fig. 4 – each baffle has a pre-determined shape), the first plurality of flow elements 442, 492 (Fig. 4) have a first orientation (Fig. 4 – each baffle 442, 492 has an orientation), and the second plurality of flow elements 441, 491 (Fig. 4) have a second orientation (Fig. 4 – each baffle 441, 491 has an orientation), wherein the first orientation is different than the second orientation (Fig. 4 – each orientation is different from one another).
Regarding claim 10, Holter discloses the invention of claim 1. Holter further discloses wherein flow elements of the first plurality of flow elements 442, 492 (Fig. 4) are positioned alternately with flow elements of the second plurality of flow elements 441, 491 (Fig. 4) along the filter flow path 45+48 (Fig. 4 – baffle 441, 442, 491, 492 alternates with each other along the channel 48 and tube 45).
Regarding claim 11, Holter discloses the invention of claim 1. Holter further discloses wherein the each of the first plurality of portions of the first side 40 (Fig. 4 – rear wall) is heat sealed (Par. 5 – “Each of these walls normally has a base that is a gas- and liquid-impermeable, heat sealable thermoplastic material”) to the corresponding one of the second plurality of portions of the second side (Par. 47 – frontal wall).
Regarding claim 16, Holter discloses the invention of claim 1. Holter further discloses further comprising a perforation 42a (Fig. 4 – separable linkage 42a) extending between the filter flow path 45+48 (Fig. 4) and the collection area 47 (Fig. 4).
Regarding claim 17, Holter discloses the invention of claim 1. Holter further discloses wherein the inner wall 42b+42c (Fig. 4) connects the first side 40 (Fig. 4) and the second side (Par. 47 – “frontal wall”), wherein at least a portion of the filter flow path 45+48 (Fig. 4) extends through a space 45c (Fig. 4) between the inner wall 42b (Fig. 4) and the outer periphery 42 (Fig. 4).
Regarding claim 20, Holter discloses the invention of claim 1. Holter further discloses wherein one or more flow elements 441, 442, 491, 492 (Fig. 4) of the plurality of flow elements 441, 442, 491, 492 (Fig. 4) are disposed in the portion of the filter flow path 45+48 (Fig. 4 – baffles 441, 442, 491, 492 are disposed in channel 48 and tube 45).
Regarding claim 21, Holter discloses the invention of claim 1. Holter further discloses further including a passage 48 (Fig. 4) that fluidically connects the collection area 47 (Fig. 4) and a space 45c (Fig. 4 – tube chamber 45c) that extends between the inner wall 42c (Fig. 4) and the outer periphery 42 (Fig. 4), wherein the one or more flow elements 441, 442, 491, 492 (Fig. 4) are disposed in the space 45c (Fig. 4 – baffle 441 and 442 are disposed in tube chamber 45c) and between the passage 48 (Fig. 4) and the outer periphery 42 (Fig. 4 – baffle 491, 492 are disposed in channel 48).
Regarding claim 23, Holter discloses the invention of claim 1. Holter further discloses wherein the filter assembly 81 (Fig. 8A) is sealed directly to the first side 40 (Fig. 4, Fig. 6B for an exemplary demonstration) and the outlet 46 (Fig. 4) is configured to dispose a filter media 83 (Fig. 8A – filter fingers 83) of the filter assembly 81 (Fig. 8A, and Par. 47 – “A bag having a long multipurpose tube would provide benefit to an ostomist, for example, when the tube is used to house a series of removable cylindrical filters, for example as illustrated in FIG. 8A below”) in fluid communication with the external atmosphere (Claim 16 – “tubing takes tubular form as necessary for uses… of: (b) connecting to at least one filter; (c) forming an integral part of an ostomy bag; (d) venting of flatus gasses”…).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5, 6, 8, 9, 18, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Holter US 2005/0075616 A1 (previously cited, hereinafter Holter).
Regarding claim 5, Holter discloses the invention of claim 1. However, Holter does not disclose wherein the first plurality of flow elements include a third plurality of flow elements arranged in a first row and the second a fourth plurality of flow elements arranged in a second row.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have duplicated the baffles 441 and 442 of Holter include two or more pairs succeeding the pair of baffles 441 and 442, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Furthermore, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). See MPEP 2144. Once the modification is made as discussed, the pair of baffles immediately succeeding pair 441+442 is considered the third plurality of flow elements, and the pairs of baffles after said third plurality of flow elements are considered the fourth plurality of flow elements. Thus, each pair is arranged on a different row; the limitation is met.
Regarding claim 6, Holter discloses the invention of claim 5. Holter further discloses wherein a number of flow elements of the first third plurality of flow elements is different than a number of flow elements of the second fourth plurality of flow elements (Examiner notes that once the modification is made as discussed in claim 5, the pair of baffles immediately succeeding pair 441+442 of Holter is considered the third plurality of flow elements, and the pairs of baffles after said third plurality of flow elements are considered the fourth plurality of flow elements. Therefore, the fourth plurality of flow elements will have a higher number of flow elements than the third plurality of flow elements. Thus, the limitation is met).
Regarding claim 8, Holter discloses the invention of claim 1. Holter further discloses the first plurality of flow elements 442, 492 (Fig. 4) and the second plurality of flow elements 441, 491 (Fig. 4) are partially V-shaped (Fig. 4 – each baffle is a partial V).
However, Holter does not wherein the plurality of flow elements include a third plurality of flow elements that are substantially V-shaped.
Holter, in another embodiment, teaches wherein the plurality of flow elements (Par. 45 – “One or more baffles”) include a third plurality of flow elements 191 (Fig. 1 – baffle 191, and Par. 45 – “One or more baffles, for example, similar in shape and placement (relative to fluid flow channels) to baffle 191”) that are substantially V-shaped (Fig. 1 – baffle 191 is substantially V-shaped).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plurality of flow elements of Holter to further include a third plurality of flow elements similar to baffle 191 as taught by Holter, in order to help minimize solid fecal matter entry into chambers (Par. 45 of Holter). Furthermore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Holter as such, as Holter teaches both embodiments. The rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art (MPEP 2143.A.).
Regarding claim 9, Holter discloses the invention of claim 8. Holter further discloses wherein a flow element 191 (Fig. 1 of Holter) of the third plurality of flow elements (Par. 45 – “One or more baffles, for example, similar in shape and placement (relative to fluid flow channels) to baffle 191”) is disposed intermediate and spaced apart from a flow element 492 of the first plurality flow elements 442, 492 (Fig. 4) and a flow element 491 (Fig. 4) of the second plurality of flow elements 441, 491 (Fig. 4).
Once the modification is made as discussed in claim 8, the baffle 191 will be incorporated into the system of Fig. 4 of Holter, including the placement such that baffle 191 is spaced apart from flow element 491 and 492 and intermediate with respect to channel 48. Thus, the limitation is met.
Regarding claim 18, Holter discloses the invention of claim 1. However, Holter does not currently disclose wherein the filter flow path includes a first arm facilitating a first flow direction and a second arm facilitating a second flow direction, different from the first flow direction.
Holter, in another embodiment, teaches wherein the filter flow path 33, 35 (Fig. 3 – tube 33 and tube 35) includes a first arm 33 (Fig. 3 – tube 33c) facilitating a first flow direction 33c (Fig. 3 – tube chamber 33c facilitates flows to the right) and a second arm 35 (Fig. 3 – tube 35c) facilitating a second flow direction 35c (Fig. 3 – tube chamber 35c facilitates flows to the left), different from the first flow direction (Par. 45 – “…seal 38 which separates tube 33 from tube 35…”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ostomy appliance of Holter to have two separate filter flow paths as taught by Holter’s Figure 3 embodiment, in order to provide an additional use for the bag, such that when one flow path is closed, the other flow path can be opened and used as an entry point for a water source to flush the bag (Par. 45 of Holter). Other uses for the secondary flow path include insertion of an odor counteractant (Par. 45 of Holter). Furthermore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Holter to have two arms also as taught by Holter, as Holter teaches both embodiments. The rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art (MPEP 2143.A.).
Regarding claim 22, Holter discloses the invention of claim 1. However, Holter does not disclose wherein the plurality of flow elements comprises a third plurality flow elements disposed at a boundary of the collection area and the filter flow path and are spaced apart from one another.
Holter, in another embodiment, teaches wherein the plurality of flow elements (Par. 45 – “One or more baffles”) comprises a third plurality flow elements 191 (Fig. 1 – baffle 191, and Par. 45 – “One or more baffles, for example, similar in shape and placement (relative to fluid flow channels) to baffle 191”) disposed at a boundary of the collection area 17 (Fig. 1) and the filter flow path 8+15 (Fig. 1 -channel 8 and tube 15) and are spaced apart from one another (Fig. 1 – baffle 191 is a standalone baffle, thus other baffles similar to baffle 191 will be spaced apart from one another).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Holter to further include a third plurality of flow elements, also as taught by Holter, in order to help minimize solid fecal matter entry into chambers (Par. 45 of Holter). Furthermore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Holter as such, as Holter teaches both embodiments. The rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art (MPEP 2143.A.).
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Holter in view of Bjornberg et al. US 4,892,535 A (previously cited, hereinafter Bjornberg).
Regarding claim 12, Holter discloses the invention of claim 1. However, Holter does not disclose the outer wall further comprising an embossed section having a plurality of embossed projections and channels between the projections.
Bjornberg, considered to be analogous art since the invention employs an embossing method to join layers (Col. 7, line 48-52), teaches the outer wall 3, 7 (Fig. 1-2 – back sheet 3 and cover sheet 7) further comprising an embossed section 9 (Fig. 1-3 – channels 9) having a plurality of embossed projections 9 (Fig. 2-3 – channels 9; Fig. 5 and Col. 5, line 50-56 – embossed channels 9 are formed by drum 17 pressing onto cover sheet 7) and channels 5 (Fig. 2-3 – pocket 5) between the projections 9 (Fig. 2 – pockets 5 and embossed projections 9 alternate).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the outer wall of Holter to further have the embossed projections and channels as taught by Bjornberg, since the formation of channels provide passageways and direct a flow of fluid (Col. 2, line 46-55 of Bjornberg), in this instant case, the fluid is gas. By having these embossed projections and channels on the outer wall of an ostomy pouch, excess gas is allowed to flow to the next available channel, which is reasonably deduced from the discussion in Col. 2, line 51-55 of Bjornberg, permitting gas to reach the final destination which is the filter assembly and be vented.
Regarding claim 13, Holter in view of Bjornberg discloses the invention of claim 12. The combination further discloses the ostomy appliance (Fig. 4 of Holter) further comprising one or more heat seals 9 (Fig. 1-3, Col. 3, line 20-25, and Col. 7, line 16-18 of Bjornberg – “…bond the sheet 3 and 7 together along the locations of the channels 9 by heat welding”) intermittently (Fig. 2 of Bjornberg – channels 9 are formed intermittently) positioned along the embossed section 9 (Fig. 2-3 of Bjornberg).
Examiner notes that once the combination is made as discussed in claim 12, the embossed portion having a plurality of projections 9 and channels 5 of Bjornberg will be incorporated onto the outer wall of ostomy appliance of Holter. Therefore, the embossed portion formed by a combination of heat seal at drum 59 (Fig. 4 of Bjornberg) and embossment at drum 17 (Fig. 4 of Bjornberg) will be present in the outer wall of the device of Holter. Thus, the limitation is met.
Regarding claim 14, Holter in view of Bjornberg discloses the invention of claim 12. The combination further discloses wherein the one or more flow elements of the plurality of flow elements include the projections 9 (Fig. 2-3 of Bjornberg).
Examiner notes that once the combination is made as discussed in claim 12, the inwardly directed projections/channels 9 of Bjornberg will be incorporated into the outer wall of ostomy appliance of Holter. Said projections 9 will be formed from sealing the first and second side wall of the ostomy appliance, which are considered to be the flow elements as claimed in claim 1. Thus, the limitation is met.
Regarding claim 15, Holter in view of Bjornberg discloses the invention of claim 12. The combination further discloses wherein the projections 9 (Fig. 1-3 of Bjornberg) are diamond-shaped in the plan view (Fig. 1 of Bjornberg – plan view shows channels 9 form a diamond configuration).
Examiner notes that once the combination is made as discussed in claim 12, the embossed portion having a plurality of projections 9 in the shape of diamond of Bjornberg will be incorporated onto the outer wall of ostomy appliance of Holter. Thus, the limitation is met.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Holter as applied to claim 18 above, and further in view of Poulsen et al. US 2005/0085779 A1 (previously cited, hereinafter Poulsen).
Regarding claim 19, Holter discloses the invention of claim 18. Holter further discloses wherein the filter assembly 81 (Fig. 6A) includes a first filter assembly 83 (Fig. 8A – filter fingers 83, Par. 49 – “It should be recognized that either or both versatile tube 65 and connecting tube 62 could house filters”, and Par. 51 – “A cylindrical filter such as filter 81, depicted in FIG. 8A, can be particularly advantageous in the system and processes of the present invention. Cylindrical filter 81, desirably with circumscribing rounded humps 86 and 87 similar to those of humps 66 and 67 of connecting tube 62 of FIG. 6A”) disposed in the first arm 33 (Fig. 3 of Holter).
Examiner notes that as the modification is made as discussed in claim 18, the filter flow path of Holter now has two arms, and the filter assembly 81 is currently disposed in the left arm given the original arm was left-oriented (Fig. 4 of Holter).
However, Holter does not disclose a second filter assembly disposed in the second arm.
Poulsen, in the same field of endeavor of ostomy appliance (Title), teaches a second filter assembly 4 (Fig. 1 – filter device 4, on the left-hand side) disposed in the second arm (Fig. 1 – the dashed line carves out a second arm on the left side of the ostomy appliance).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have duplicated another filter assembly Holter to further have the second filter assembly disposed in the second arm as taught by Poulsen, in order to provide more filtering/venting power for gas by allowing gas to escape from two or more vents via two or more filter device (Par. 25 of Poulsen). Adding another filter assembly to the second filter flow path would not change the device ability to receive fluid discharge and pass gas to the outer environment. In fact, adding another filter assembly to a branched filter flow path can redirect excess gas to multiple routes, promoting quick ventilation of accumulated gas within the ostomy appliance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Holtermann et al. US 6,328,719 B1
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 QUYNH DAO LE whose telephone number is (571)272-7198. The examiner can normally be reached Monday - Friday 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUYNH DAO LE/Examiner, Art Unit 3781
/JACQUELINE F STEPHENS/Primary Examiner, Art Unit 3781