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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/26/2026 has been entered.
Status of Claims
This Office Action is in response to the remarks and amendments filed on June 25th, 2026. Claims 4, 6, 10, 11, 13, 15-17, 19, 20, 22, 23, 25, 27, 30, 32, , 34-47, and 49-53 have been canceled and claims 56 and 57 have been added as such claims 1-3, 5, 7-9, 12, 14, 18, 21, 24, 26, 28, 29, 31, 33, 48, and 54-57 are pending consideration in this Office Action.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5, 8, 12, 14, 24, 28, 29, 31, 48, 54, and 55 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brauner (US 5803078).
Regarding claim 1, Brauner discloses
a connector assembly (Figs. 3-5; T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94; Col. 11, Lines 30-33 and 53-63), comprising:
a port connector (Figs. 3-5; ventilator connector 92 with connector luer lock 94; Col. 11, Lines 53-58), comprising a port (Figs. 3-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67), the port (Figs. 4-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67) extending from the port connector (Figs. 3-5; ventilator connector 92; Col. 11, Lines 59-67), the port (Figs. 4-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67) providing a passageway (Fig. 5; aperture 98; Col. 11, Lines 59-67) into a lumen of the port connector (see modified Fig. 4 below; lumen of ventilator connector 92; Col. 11, Lines 53-58),
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the port (Figs. 3-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67) comprising:
a connection mechanism (Fig. 5; threaded portion of male coupling/connector 96; Col. 12, Lines 33-38) and a port sealing surface (Fig. 5; inner wall 116 and retainer 118; Col. 12, Lines 30-33),
a connector elbow (Fig. 4; T-shaped adapter 70; Col. 11, Lines 30-33), comprising:
an accessory end (Fig. 4; oxygen port 72’; Col. 11, Lines 20-22 and 30-37) configured to connect with an accessory (Fig. 4; oxygen tubing; Col. 11, Lines 20-22 and 30-37),
a port end (Figs. 4-5; base 74; Col. 11, Lines 22-24; Figs. show base 74 is inserted through connector luer lock 94) configured to connect with the port (Figs. 4-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67),
a connector elbow sealing surface (figs. 4-5; compressible sleeve 114; col. 12, lines 29-38), and
a collar (Fig. 5; cap 122; Col. 12, Lines 33-45), located at the port end of the connector elbow (figs. 4-5; base 74; Col. 11, Lines 22-24; show base 74 is inserted through connector luer lock 94),
wherein the collar (Fig. 5; cap 122; Col. 12, Lines 33-45) is rotatable relative to the connector elbow (fig. 5; cap 122 is threaded and therefore rotates relative to base 74; Col. 12, Lines 33-45) and the collar (Fig. 5; cap 122; Col. 12, Lines 33-45) is configured to engage with the connection mechanism (Fig. 5; threaded portion of male coupling/connector 96; Col. 12, Lines 33-45) of the port connector (Figs. 3-5; ventilator connector 92; Col. 11, Lines 53-58) to urge the connector elbow sealing surface (fig. 5; compressible sleeve 114; col. 12, lines 29-38) into engagement with the port sealing surface (Fig. 5; inner wall 116 and retainer 118; Col. 12, Lines 30-33).
Regarding claim 2, Brauner further discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
wherein the accessory is integrally formed with the connector elbow or wherein the accessory (Fig. 4; oxygen tubing; Col. 11, Lines 20-22 and 30-37) is disconnectable and connectable with the accessory end (Fig. 4; oxygen port 72’; Col. 11, Lines 20-22 and 30-37; oxygen tubing is connected/inserted into tubing mount).
Regarding claim 3, Brauner further discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
wherein the connector elbow is an accessory tube connector elbow (Fig. 4; T-shaped adapter 70; Col. 11, Lines 20-22 and 30-37; adapter 70 for oxygen tubing),
the accessory is an accessory tube (Fig. 4; oxygen tubing; Col. 11, Lines 20-22 and 30-37),
and
the accessory end is an accessory tube end (Fig. 4; oxygen port 72’; Col. 11, Lines 20-22 and 30-37) configured to connect with the accessory tube (Fig. 4; oxygen tubing; Col. 11, Lines 20-22 and 30-37).
Regarding claim 5, Brauner further discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 3,
wherein the connector elbow (Fig. 4; T-shaped adapter 70; Col. 11, Lines 20-22 and 30-37) comprises one or more of
a barbed connection and
a frictional connection (Col. 11, Lines 20-22 and 30-37; it is necessary for there to be friction when slipping tubing inside or around a tubing mount to hold the tube in place) at the accessory end (Fig. 4; oxygen port 72’; Col. 11, Lines 20-22 and 30-37) configured to connect with the accessory tube (Fig. 4; oxygen tubing; Col. 11, Lines 20-22 and 30-37).
Regarding claim 8, Brauner further discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
wherein a central axis of the accessory end of the connector elbow (see modified Fig. 4 below; central axis of oxygen port 72’; Col. 11, Lines 20-22 and 30-37) is rotatable relative to the port connector (see modified Fig. 4, below; ventilator connector 92, Col. 11; Lines 50-59) to align the central axis of the accessory end of the connector elbow (see modified Fig. 4 below; central axis of oxygen port 72’; Col. 11, Lines 20-22 and 30-37) with a central axis of the lumen of the port connector (see modified Fig. 4, below; lumen of ventilator connector 92, Col. 11; Lines 50-59)).
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Regarding claim 9, Brauner further discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
wherein the connection mechanism (Fig. 5; threaded portion of male coupling/connector 96) is located around at least a part of a perimeter of the port (Figs. 3-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67; threaded portion on upper perimeter of male coupling as can be seen in the sectional view Fig. 5).
Regarding claim 12, Brauner further discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
wherein the connection mechanism (Fig. 5; threaded portion of male coupling/connector 96; Col. 12, Lines 33-45) of the port is one or more of:
a thread (Fig. 5; threaded portion of male coupling/connector 96; Col. 12, Lines 33-45), and
a bayonet.
Regarding claim 14, Brauner further discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
wherein the port sealing surface (Fig. 5; inner wall 116 and retainer 118; Col. 12, Lines 30-33) is located on an internal surface (Fig. 5; inner wall 116; Col. 12, Lines 30-33; inner wall is the inner surface of male coupling 96) of the port (Figs. 4-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67) and
the connector elbow sealing surface (figs. 4-5; compressible sleeve 114; col. 12, lines 29-38) is located on one of
an external surface of the connector elbow (figs. 4-5; compressible sleeve 114; col. 12, lines 29-38), an external surface of the port, and an internal surface of the connector elbow.
Regarding claim 24, Brauner further discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
wherein the port (see modified Fig. 5 below; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67) comprises an intermediate portion (see modified Fig. 5 below; the section with threads) located between a distal portion (see modified Fig. 5 below; the end of male coupling 96) and a sealing portion (see modified Fig. 5 below; sleeve 114, inner wall 116, retainer 118; Col. 12, Lines 29-33),
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wherein the intermediate portion (see modified Fig. 5 above; the section with threads) is configured to maintain alignment of the connector elbow and the port (Fig. 5; matching threaded portions of cap 122 and male coupling 96; Col. 12, Lines 33-45), when the connector elbow and the port are engaged (see modified Fig. 5 above).
Regarding claim 28, Brauner further discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
wherein the port (Figs. 3-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67) extends in a direction away from the lumen of the port connector (see modified Fig. 4, below; lumen of ventilator connector 92, Col. 11; Lines 50-59).
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Regarding claim 29, Brauner further discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
wherein the port (Figs. 3-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67) extends in a direction substantially perpendicular to a central axis of the lumen of the port connector (see modified Fig. 4, below; lumen of ventilator connector 92, Col. 11; Lines 50-59).
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Regarding claim 31, Brauner further discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
wherein the collar (Fig. 5; cap 122; Col. 12, Lines 33-45) comprises a corresponding connection mechanism on an internal surface of the collar (Fig. 5; matching threaded portion of cap 122; Col. 12, Lines 33-45) to engage with the connection mechanism of the port connector (Fig. 5; threaded portion of male coupling/connector 96; Col. 12, Lines 33-45).
Regarding claim 48, Brauner discloses
a respiratory gases tube assembly (Fig. 1; ventilatory endotracheal tube 90 and T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94; Col. 11, Lines 30-63),
the respiratory gases tube assembly (Fig. 1; ventilatory endotracheal tube 90 and T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94; Col. 11, Lines 30-63) comprising:
a respiratory gases tube (Fig. 1; ventilatory endotracheal tube 90; Col. 11, Lines 38-40) configured to transport a breathing gas (Col. 11, Lines 43-53; delivering air/oxygen from ventilation source to patients’ lungs),
the respiratory gases tube (Fig. 1; ventilatory endotracheal tube 90; Col. 11, Lines 38-40) comprising a lumen (Fig. 1; lumen 91 of the endotracheal tube; Col. 11, Lines 43-53) extending from a first end of the respiratory gases tube (distal end of endotracheal tube 90; Col. 11, Lines 43-53; distal end inserted into patients’ airways) to a second end of the respiratory gases tube (Col. 11, Lines 43-53; another end connected to a ventilation source), and
a connector assembly (Figs. 3-5; T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94; Col. 11, Lines 30-33 and 53-63), comprising:
a port connector (Figs. 3-5; ventilator connector 92 with connector luer lock 94; Col. 11, Lines 53-58), comprising a port (Figs. 3-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67), the port (Figs. 4-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67) extending from the port connector (Figs. 3-5; ventilator connector 92; Col. 11, Lines 59-67), the port (Figs. 4-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67) providing a passageway (Fig. 5; aperture 98; Col. 11, Lines 59-67) into a lumen of the port connector (see modified Fig. 4 below; lumen of ventilator connector 92; Col. 11, Lines 53-58),
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the port (Figs. 3-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67) comprising:
a connection mechanism (Fig. 5; threaded portion of male coupling/connector 96; Col. 12, Lines 33-38) and a port sealing surface (Fig. 5; inner wall 116 and retainer 118; Col. 12, Lines 30-33),
a connector elbow (Fig. 4; T-shaped adapter 70; Col. 11, Lines 30-33), comprising:
an accessory end (Fig. 4; oxygen port 72’; Col. 11, Lines 20-22 and 30-37) configured to connect with an accessory (Fig. 4; oxygen tubing; Col. 11, Lines 20-22 and 30-37),
a port end (Figs. 4-5; base 74; Col. 11, Lines 22-24; Figs. show base 74 is inserted through connector luer lock 94) configured to connect with the port (Figs. 4-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67),
a connector elbow sealing surface (figs. 4-5; compressible sleeve 114; col. 12, lines 29-38), and
a collar (Fig. 5; cap 122; Col. 12, Lines 33-45), located at the port end of the connector elbow (figs. 4-5; base 74; Col. 11, Lines 22-24; show base 74 is inserted through connector luer lock 94),
the collar (Fig. 5; cap 122; Col. 12, Lines 33-45) being rotatable relative to the connector elbow (see modified Fig. 5 below; cap 122 is threaded and therefore rotates relative to base 74; Col. 12, Lines 33-45) and the collar (Fig. 5; cap 122; Col. 12, Lines 33-45) being configured to engage with the connection mechanism (Fig. 5; threaded portion of male coupling/connector 96; Col. 12, Lines 33-45) of the port connector (Figs. 3-5; ventilator connector 92; Col. 11, Lines 53-58) to urge the connector elbow sealing surface (figs. 4-5; compressible sleeve 114; col. 12, lines 29-38) into engagement with the port sealing surface (Fig. 5; inner wall 116 and retainer 118; Col. 12, Lines 30-33).
Regarding claim 54, Brauner further discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 3,
wherein the accessory tube connector elbow (T-adapter 70; ) comprises a lumen (see modified Fig. 4 below; lumen of T-adapter and oxygen port; Col. 11, lines 20-24) extending from the port end (see modified Fig. 4 below; base adapter 74; Col. 11, lines 20-24) to the accessory end (see modified Fig. 4 below; oxygen port 72’; Col. 11, lines 20-24).
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Regarding claim 55, Brauner further discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
wherein engaging a connection mechanism of the collar (Fig. 5; matching threaded portion of cap 122; Col. 12, Lines 33-45) and the connection mechanism of the port (Fig. 5; threaded portion of male coupling/connector 96; Col. 12, Lines 33-45) urges the connector elbow sealing surface (figs. 4-5; compressible sleeve 114; col. 12, lines 29-38) into engagement with a sealing surface of the port (fig. 5; inner wall 116 and retainer 118; Col. 12, Lines 30-33).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 18, 21, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Brauner (US 5803078) in view of Kauppi (EP 2469146).
Regarding claim 18, Brauner discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
wherein the port (Figs. 4-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67) comprises a distal portion located at a connector elbow connection end (see modified Fig. 5 below); and
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wherein the distal portion (see modified Fig. 5 above) provides for alignment of the connector elbow and the port (see modified Fig. 5 above; distal portion aligns base adapter 74 inside port) with ) when the connector elbow (see modified Fig. 5 below; base 74 of adapter; Col. 11, Lines 22-24; Figs. show base 74 is inserted through connector luer lock 94) is brought into engagement with the port (see modified Fig. 5 above; male coupling 96).
Brauner does not disclose the distal portion comprising a distal portion tapering surface, wherein the distal portion tapering surface tapers towards a proximal end of the port.
Kauppi discloses a pneumatic connector where
the distal portion comprising a distal portion tapering surface (see modified Fig. 3 below),
wherein the distal portion tapering surface (see modified Fig. 3 below) tapers towards a proximal end (see modified Fig. 3 below) of the port (see modified Fig. 3 below; counterpart 3; Col. 3, Lines 22-30).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the male coupling and base of Brauner with the body part and counterpart of Kauppi to have a tapered surface connection because it gives a reliable air tight connection using a large contact area (Kauppi: Col 1, Lines 29-45).
Regarding claim 21, Brauner discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
wherein the port (Figs. 4-5; connector luer lock 94 and male coupling 96; Col. 11, Lines 59-67) comprises a sealing portion and wherein the sealing portion comprises the port sealing surface (fig. 5; sleeve 114 seals against inner wall 116 and retainer 118; Col. 12, Lines 30-33).
Brauner does not disclose the sealing portion comprising a sealing portion tapering surface, wherein the sealing portion tapering surface tapers towards a proximal end of the port.
Kauppi discloses a pneumatic connector where
the sealing portion comprising a sealing portion tapering surface (see modified Fig. 3 below), wherein the sealing portion tapering surface (see modified Fig. 3 below) tapers towards a proximal end (see modified Fig. 3 below) of the port (see modified Fig. 3 below; counterpart 3; Col. 3, Lines 22-30).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the male coupling and base of Brauner with the body part and counterpart of Kauppi to have a tapered surface connection because it gives a reliable air tight connection using a large contact area (Kauppi: Col 1, Lines 29-45).
Regarding claim 33, Brauner discloses
the connector assembly (T-shaped adapter 70 and ventilator connector 92 with connector luer lock 94) of claim 1,
Brauner does not disclose wherein the connector elbow comprises at least one protrusion extending outwardly from an external surface of the connector elbow, the at least one protrusion configured to retain the collar on the connector elbow.
Kauppi discloses a pneumatic connector where
wherein the connector (Figs. 1-2; body part 1; Col. 4, lines 24-34) comprises at least one protrusion extending (Fig. 1-2; element 10; Col. 4, lines 24-34) outwardly from an external surface of the connector (see modified Fig. 2; element 10; Col. 4, lines 24-31),
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base and collar of Brauner with the elements of Kauppi to create a tightening force and force the sealing surfaces together to form said secondary seal (Kauppi: Col. 4, Lines 31-34)
It directly follows that the resultant T-shaped adapter of Brauner combined with the elements of Kauppi would meet the claimed structural limitations since:
Brauner and Kauppi combined disclose
the at least one protrusion (Kauppi: element 10; Col. 4, lines 24-34) configured to retain (Brauner: see modified Fig. 5 below) the collar (Brauner: see modified Fig. 5; cap 122; Col. 12, Lines 33-45) on the connector elbow (Brauner: Fig. 4; T-shaped adapter 70; Col. 11, Lines 30-33).
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Claims 1, 7, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Gulliver (WO 2013022356) in view of Imagawa (JP 2017144366) and its translation (EspaceNet Translation Imagawa)
Regarding claim 1, Gulliver discloses
a connector assembly (Fig. 1a; connector assembly for attaching a nasal canula; Abstract, Lines 1-3), comprising:
a port connector (Fig. 1A; connector 105; Paragraph 0033, Lines 1-6), comprising a port (Fig. 1A; sensor port 130; Paragraph 0035, lines 1-5), the port (Fig. 1A; sensor port 130; Paragraph 0035, lines 1-5) extending from the port connector (Fig. 1A; connector 105; Paragraph 0035, lines 1-5; t-shaped connector where sensor port extends outward), the port (Fig. 1A; sensor port 130; Paragraph 0035, lines 1-5) providing a passageway into a lumen (Fig. 1A; terminal aperture 150 and source aperture 145; Paragraph 0042, Lines 2-4) of the port connector (Fig. 1A; connector 105; Paragraph 0035, lines 1-5 and Paragraph 0042, Lines 2-4),
the port (Fig. 1A; sensor port 130; Paragraph 0035, lines 1-5) comprising:
a port sealing surface (see modified 5A below; surface/wall of sensor port 130 that contacts the sensor probe 135),
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a connector elbow (see modified Figs. 1A below and 5A above; sensor probe 135; Paragraph 0035, lines 1-5), comprising:
an accessory end (see modified Figs. 1A below and 5A above; end of sensor probe 135) configured to connect with an accessory (see modified Figs. 1A below and 5A above; wire connecting to sensor probe 135),
a port end (see modified Figs. 1A below and 5A above; section of sensor probe 135 that’s directed towards the port) configured to connect with the port (Fig. 1A; sensor port 130; Paragraph 0035, lines 1-5),
a connector elbow sealing surface (see modified Figs. 1A below and 5A above; surface of probe 135 that contacts port 130).
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Gulliver does not disclose the port comprising: a connection mechanism; a connector elbow, comprising: a collar, located at the port end of the connector elbow, wherein the collar is rotatable relative to the connector elbow and the collar is configured to engage with the connection mechanism of the port connector to urge the connector elbow sealing surface into engagement with the port sealing surface.
Imagawa discloses pipe fitting for a nozzle and conduit where
the port (figs. 1-6; nipple 5b comprising socket 5d with a tapered hole; [0029]) comprising:
a connection mechanism (see figs. 4 and 6; outer surface of socket 5d comprises threads that interlock with union nut 5a);
a connector elbow (figs. 1-6; tapered annular plug 5e of nozzle 3 corresponding to the socket 5d; [0029]), comprising:
a collar (figs. 1-6; union nut 5a; [0029]), located at the port end of the connector elbow (see figs. 4 and 6; the union nut 5a is engaged with the flange 3a on the outer circumference of the rear end of the nozzle 3; [0030]),
wherein the collar is rotatable relative to the connector elbow and the collar is configured to engage with the connection mechanism of the port connector (figs. 4 and 6 ; The union nut 5a is screwed onto the threads of the nipple 5b comprising socket 5d; [0029]-[0030]) to urge the connector elbow sealing surface into engagement with the port sealing surface (figs. 4-6; screwing/tightening the union nut 5a press-fits the annular plug 5e is into the socket 5d and compresses the seal packing 5c sandwiched between the end wall of the union nut 5a and the nipple 5b, simultaneously sealing the connection portion by the pipe fitting 5; [0029-[0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connector assembly of Gulliver with the pipe fitting of Imagawa to yield the predictable result of providing a strong connection with a significantly better anti-rotation effect such that unexpected rotation of the nozzle (probe ) is reliably prevented and the direction of the nozzle is maintained in the set direction (Imagawa: [0011]).
Regarding claim 7, Gulliver further discloses
the connector assembly (connector assembly for attaching a nasal canula) of claim 1,
wherein the connector elbow is a sensor connector elbow (see modified Figs. 1A below; sensor probe 135; Paragraph 0035, lines 1-5),
the accessory is a sensor lead (see modified Fig. 1A below; end of sensor probe 135), and
the accessory end is a sensor lead end (see modified Fig. 1A below; end of sensor probe 135) configured to connect with the sensor lead (see modified Fig. 1A below; wire connecting to sensor probe 135), and wherein the sensor connector elbow (see modified Fig. 1A below; sensor probe 135; Paragraph 0035, lines 1-5) comprises a sensor (see modified Fig. 1A below; sensor portion of sensor probe 135; Paragraph 0045, Lines 1-7).
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Regarding claim 26, the modified device of Gulliver further discloses
the connector assembly (Gulliver: connector assembly for attaching a nasal canula; Imagawa: pipe fitting) of claim 1,
wherein the port end of the connector elbow (Gulliver Fig. 5A; section of sensor probe 135 that’s directed towards the port) comprises a connector elbow tapering surface (Gulliver: fig. 5a; tapered surface of probe 135; Imagawa: figs. 1-6; tapered annular plug 5e of nozzle 3 corresponding to the socket 5d; [0029]),
wherein the connector elbow tapering surface comprises the connector elbow sealing surface (Gulliver: fig. 5a; tapered surface of probe 135; Imagawa: figs. 1-6; tapered annular plug 5e of nozzle 3 seals against the tapered surface of socket 5d; [0029]-[0033]).
Claims 1, 9, 12, 14, 21, 26, 48, and 55-57 are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell (US 7669595) in view of Imagawa (JP 2017144366) and its translation (EspaceNet Translation Imagawa).
Regarding claim 1, Mitchell discloses
a connector assembly (figs. 1-3; junction device 10 for administering nebulizer treatments; abstract) comprising:
a port connector comprising a port, the port extending from the port connector (fig. 3; side conduit 18 extending from supply conduit 12; col. 2, line 26-34), the port providing a passageway into a lumen of the port connector (figs. 1-3; side conduit 18 is in fluid communication with the supply conduit 12; col. 2, lines 16-34),
the port comprising:
a connector elbow (fig. 3; elbow conduit 24; col. 2, lines 33-45) comprising: an accessory end configured to connect with an accessory (fig. 3; receiving collar 34 is coupled to the second portion 32 opposite the first portion 26. The receiving collar 34 receives the nebulizer 4 to selectively mount the nebulizer 4 to the elbow conduit 24; col. 2, lines 53-56), a port end configured to connect with the port (fig. 3; end of first portion 26 of elbow conduit 24 that is coupled to free end 22 of the side conduit 18; col. 2, lines 26-57), a connector elbow sealing surface (fig. 3; seal 30; col. 2, lines 26-57), and a collar located at the port end of the connector elbow (fig. 3; flange collar 28 located at the end of first portion 26 of the elbow conduit 24; col. 2, lines 26-57).
Mitchell does not disclose the port comprising: a connection mechanism and a port sealing surface; wherein the collar is rotatable relative to the connector elbow and the collar is configured to engage with the connection mechanism of the port connector to urge the connector elbow sealing surface into engagement with the port sealing surface.
Imagawa discloses pipe fitting for a nozzle and conduit where
the port (figs. 1-6; nipple 5b comprising socket 5d with a tapered hole; [0029]) comprising:
a connection mechanism (see figs. 4 and 6; outer surface of socket 5d comprises threads that interlock with union nut 5a) and a port sealing surface (socket 5d with a tapered hole; [0029]);
a connector elbow (figs. 1-6; tapered annular plug 5e of nozzle 3 corresponding to the socket 5d; [0029]), comprising:
a collar (figs. 1-6; union nut 5a; [0029]), located at the port end of the connector elbow (see figs. 4 and 6; the union nut 5a is engaged with the flange 3a on the outer circumference of the rear end of the nozzle 3; [0030]),
wherein the collar is rotatable relative to the connector elbow and the collar is configured to engage with the connection mechanism of the port connector (figs. 4 and 6 ; The union nut 5a is screwed onto the threads of the nipple 5b comprising socket 5d; [0029]-[0030]) to urge the connector elbow sealing surface into engagement with the port sealing surface (figs. 4-6; screwing/tightening the union nut 5a press-fits the annular plug 5e is into the socket 5d and compresses the seal packing 5c sandwiched between the end wall of the union nut 5a and the nipple 5b, simultaneously sealing the connection portion by the pipe fitting 5; [0029-[0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flange collar and seal of Mitchell with the pipe fitting of Imagawa to yield the predictable result of providing a strong connection with a significantly better anti-rotation effect such that unexpected rotation of the nozzle (probe ) is reliably prevented and the direction of the nozzle is maintained in the set direction (Imagawa: [0011]).
Regarding claim 9, the modified device of Mitchell further discloses
the connector assembly (Mitchell: joint device; Imagawa: pipe fitting) of claim 1,
wherein the connection mechanism is located around at least a part of a perimeter of the port (Imagawa: see figs. 4 and 6; threads on the external surface of the nipple 5b comprising socket 5d surround at least part of the perimeter of the port; [0030]-[0031]).
Regarding claim 12, the modified device of Mitchell further discloses
the connector assembly (Mitchell: joint device; Imagawa: pipe fitting) of claim 1,
wherein the connection mechanism of the port is one or more of:
a thread (Imagawa: figs. 4 and 6; threads on the external surface of the nipple 5b comprising socket 5d; [0030]-[0031]), and
a bayonet.
Regarding claim 14, the modified device of Mitchell further discloses
the connector assembly (Mitchell: joint device; Imagawa: pipe fitting) of claim 1,
wherein the port sealing surface is located on an internal surface of the port (Imagawa: see figs. 4-6; socket 5d with a tapered hole is on an internal surface of nipple 5b; [0029]-[0033]) and
the connector elbow sealing surface is located on one of an external surface of the connector elbow (Imagawa: see figs. 4-6; the tapered surface of annular plug 5e is an external surface of nozzle 3; [0029]-[0033]), an external surface of the port, and an internal surface of the connector elbow.
Regarding claim 21, the modified device of Mitchell further discloses
the connector assembly (Mitchell: joint device; Imagawa: pipe fitting) of claim 1,
wherein the port comprises a sealing portion, the sealing portion comprising a sealing portion tapering surface (Imagawa: see figs. 4-6; socket 5d with a tapered hole comprises a tapered internal surface with seals against tapered plug 5e; [0029]-[0033]), wherein the sealing portion tapering surface tapers towards a proximal end of the port (Imagawa: see figs. 4-6; surface of socket 5d tapers towards proximal end), and wherein the sealing portion comprises the port sealing surface (Imagawa: see figs. 4-6; socket 5d with a tapered hole comprises a tapered internal surface with seals against tapered plug 5e; [0029]-[0033]).
Regarding claim 26, the modified device of Mitchell further discloses
the connector assembly (Mitchell: joint device; Imagawa: pipe fitting) of claim 1,
wherein the port end of the connector elbow (Mitchell: fig. 3; end of first portion 26 of elbow conduit 24 that is coupled to free end 22 of the side conduit 18; col. 2, lines 26-57) comprises a connector elbow tapering surface (Imagawa: figs. 1-6; tapered annular plug 5e of nozzle 3 corresponding to the socket 5d; [0029]),
wherein the connector elbow tapering surface comprises the connector elbow sealing surface (Imagawa: figs. 1-6; tapered annular plug 5e of nozzle 3 seals against the tapered surface of socket 5d; [0029]-[0033]).
Regarding claim 48, Mitchell discloses
a respiratory gases tube assembly (figs. 1-3; junction device 10 with supply conduit 12, elbow connector 24, mask 2 ; abstract and col. 2, lines 11-57),
the respiratory gases tube assembly comprising:
a respiratory gases tube configured to transport a breathing gas (figs. 1-3; supply conduit 12; col. 2, lines 17-25), the respiratory gases tube comprising a lumen extending from a first end of the respiratory gases tube to a second end of the respiratory gases tube (figs. 1-3second end 16 of supply conduit 12 receives an inlet port 3 of the patient mask 2 to allow oxygen supplied to the supply conduit 12 at first end 14 to be supplied to a patient wearing the patient mask 2; col. 2, lines 17-25), and
a connector assembly (figs. 1-3; supply conduit 12 and elbow connector 24; abstract and col. 2, lines 11-57) comprising:
a port connector comprising a port, the port extending from the port connector (fig. 3; opening of side conduit 18 extending from supply conduit 12; col. 2, line 26-34), the port providing a passageway into a lumen of the port connector (figs. 1-3; opening of side conduit 18 is in fluid communication with the supply conduit 12; col. 2, lines 16-34),
the port comprising:
a connector elbow (fig. 3; elbow conduit 24; col. 2, lines 33-45) comprising: an accessory end configured to connect with an accessory (fig. 3; receiving collar 34 is coupled to the second portion 32 opposite the first portion 26. The receiving collar 34 receives the nebulizer 4 to selectively mount the nebulizer 4 to the elbow conduit 24; col. 2, lines 53-56), a port end configured to connect with the port (fig. 3; end of first portion 26 of elbow conduit 24 that is coupled to free end 22 of the side conduit 18; col. 2, lines 26-57), a connector elbow sealing surface (fig. 3; seal 30; col. 2, lines 26-57), and a collar located at the port end of the connector elbow (fig. 3; flange collar 28 located at the end of first portion 26 of the elbow conduit 24; col. 2, lines 26-57).
Mitchell does not disclose the port comprising: a connection mechanism and a port sealing surface; wherein the collar is rotatable relative to the connector elbow and the collar is configured to engage with the connection mechanism of the port connector to urge the connector elbow sealing surface into engagement with the port sealing surface.
Imagawa discloses pipe fitting for a nozzle and conduit where
the port (figs. 1-6; nipple 5b comprising socket 5d with a tapered hole; [0029]) comprising:
a connection mechanism (see figs. 4 and 6; outer surface of socket 5d comprises threads that interlock with union nut 5a) and a port sealing surface (socket 5d with a tapered hole; [0029]);
a connector elbow (figs. 1-6; tapered annular plug 5e of nozzle 3 corresponding to the socket 5d; [0029]), comprising:
a collar (figs. 1-6; union nut 5a; [0029]), located at the port end of the connector elbow (see figs. 4 and 6; the union nut 5a is engaged with the flange 3a on the outer circumference of the rear end of the nozzle 3; [0030]),
wherein the collar is rotatable relative to the connector elbow and the collar is configured to engage with the connection mechanism of the port connector (figs. 4 and 6 ; The union nut 5a is screwed onto the threads of the nipple 5b comprising socket 5d; [0029]-[0030]) to urge the connector elbow sealing surface into engagement with the port sealing surface (figs. 4-6; screwing/tightening the union nut 5a press-fits the annular plug 5e is into the socket 5d and compresses the seal packing 5c sandwiched between the end wall of the union nut 5a and the nipple 5b, simultaneously sealing the connection portion by the pipe fitting 5; [0029-[0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flange collar and seal of Mitchell with the pipe fitting of Imagawa to yield the predictable result of providing a strong connection with a significantly better anti-rotation effect such that unexpected rotation of the nozzle (probe ) is reliably prevented and the direction of the nozzle is maintained in the set direction (Imagawa: [0011]).
Regarding claim 55, the modified device of Mitchell further discloses
the connector assembly (Mitchell: joint device; Imagawa: pipe fitting) of claim 1,
wherein engaging a connection mechanism of the collar and the connection mechanism of the port (Imagawa: figs. 4-6; the union nut 5a is screwed/tighten (threads of union nut 5a) on the threads of the nipple 5b; [0029]-[0033]) urges the connector elbow sealing surface into engagement with a sealing surface of the port (figs. 4-6; screwing/tightening the union nut 5a press-fits the annular plug 5e is into the socket 5d and compresses the seal packing 5c sandwiched between the end wall of the union nut 5a and the nipple 5b, simultaneously sealing the connection portion by the pipe fitting 5; [0029-[0032]).
Regarding claim 56, the modified device of Mitchell further discloses
the connector assembly (Mitchell: joint device; Imagawa: pipe fitting) of claim 1,
wherein in a first configuration a connection mechanism of the collar is partially engaged with the connection mechanism of the port, and
in a second configuration the connection mechanism of the collar and the connection mechanism of the port are fully engaged (Imagawa: figs. 4-6; the union nut 5a is screwed/tighten on the threads of the nipple 5b; [0029]-[0033]).
The modified device of Imagawa does not explicitly disclose wherein in a first configuration a connection mechanism of the collar is partially engaged with the connection mechanism of the port.
However, it would have been obvious to one of ordinary skill in the art that the union nut 5a can have first can be positioned at a first configuration where the threads of the union nut 5a is not fully screwed/engaged on the threads of the nipple 5b which would allow rotational position/orientation of the nozzle to be easily adjusted and direction changed (see figs. 4-6 and [0018]).
Regarding claim 57, the modified device of Mitchell further discloses
the connector assembly (Mitchell: joint device; Imagawa: pipe fitting) of claim 56,
wherein in the first configuration the connector elbow is engaged with the port connector but able to rotate relative to the port connector (Imagawa: see obvious stated above) to align a central axis of the accessory end of the connector elbow with a central axis of the lumen of the port connector (Mitchell: fig. 3; central axis of supply conduit 12 with central axis of second portion 32 of elbow conduit 24; col. 2, lines 26-57 Imagawa: see obvious statement above; it would have been obvious that the non-tightened state of the screw would allow for aligning of the central axis of the conduits of Mitchell), and
wherein in the second configuration the resistance to relative rotation of the connector elbow and the port connector is increased to maintain alignment of the accessory and the lumen of the port connector (Imagawa: figs. 4-6; when the union nut 5a is screwed/tighten on the threads of the nipple 5b is creates anti-rotation frictional force, where unexpected rotation of the nozzle is reliably prevented and the direction of the nozzle is maintained in the set direction.; [0010]-[0012] and [0029]-[0033]).
Response to Arguments
Applicant’s arguments filed 06/25/2026 have been fully considered but they are not persuasive.
On pages 6-8 of the of the remarks, Applicant argues that the current interpretation of engaging requires surface to surface contact in order to enable sealing and that base 74 never comes into contact with inner sealing 116 or retainer 118 as such the cap 112 does not urge sealing surface into engagement with each other as the base merely passes through male coupling 96. The applicant’s arguments regarding the engaging requires surface to surface contact is deemed persuasive; however, the base 74 is no longer being used to disclose the connector sealing surface but rather sleeve 114 which is urged into contact with the inner sealing 116 and retainer 118. As such, this argument is rendered moot.
On page 8 of the remarks, Applicant further argues that dependent claims 18, 21, and 33 fails to disclose the collar configured to urge a connector elbow sealing surface as recited in claim 1 and Kauppi does not cure those deficiencies. However, as stated above a new interpretation is being made in view of sleeve 114. As such, this argument is rendered moot.
On page 8 of the remarks, Applicant further argues that dependent claims 1, 7, and 26 fail to disclose the collar configured to urge a connector elbow sealing surface as recited in claim 1 neither Gulliver nor Brauner disclose such limitations. However, Brauner is not being used to modify Gulliver any longer, but rather Imagawa. As such, this argument is rendered moot.
Further, new rejections to the claims have been made in view of Mitchell over Imagawa which further discloses the limitation of the collar configured to urge a connector elbow sealing surface as recited in claim 1. It is further noted that the connector of Brauner could also be modified with Imagawa to further provide a fitting that would allow for a secure fitting.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rubin (US 8707950) – discloses a universal medical gas delivery system 10 is for coupling any of a plurality of different medical gas sources to a medical gas tube leading to any of a plurality of different medical gas utilizing devices; has connector with a threaded connection means for screwing/coupling the tubing together
Rubin (US 6581593) – discloses a universal oxygen connector system with a threaded port and a collar with internal threads for coupling (figs. 7-8)
Patel (US 20120191037) – discloses a tube connector with a fitting that is a luer lock adapted to receive a matching luer lock comprising a collar with internal threads
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/S.R.R./Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
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