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 .
Status of Claims
This Office Action is in response to the remarks and amendments filed on January 10th, 2025. No claims have been canceled since the last Office Action as such claims 1-3, 5, 7,-9, 12, 14, 18, 21, 24, 26, 28, 29, 31, 33, 48, 54, 55 are pending consideration in this Office Action.
Response to Amendment
The objections to the claims are withdrawn in light of the amendments.
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.
(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 is/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),
PNG
media_image1.png
339
387
media_image1.png
Greyscale
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; the surface of base 74; Col. 11, Lines 22-24), and
a collar (Fig. 5; cap 122; Col. 12, Lines 33-45), located at the port end of the connector elbow (see modified Fig. 5 below; base 74; Col. 11, Lines 22-24; Figs. 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 (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) 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 (see modified Fig. 5 below; the surface of base 74; Col. 11, Lines 22-24) into engagement with the port sealing surface (Fig. 5; inner wall 116 and retainer 118; Col. 12, Lines 30-33).
PNG
media_image2.png
609
620
media_image2.png
Greyscale
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)).
PNG
media_image3.png
545
706
media_image3.png
Greyscale
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; the surface of base 74; Col. 11, Lines 22-24) is located on one of
an external surface of the connector elbow (Figs. 4-5; the surface of base 74; Col. 11, Lines 22-24), 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; inner wall 116, retainer 118; Col. 12, Lines 30-33),
PNG
media_image4.png
405
429
media_image4.png
Greyscale
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).
PNG
media_image5.png
528
501
media_image5.png
Greyscale
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).
PNG
media_image6.png
545
501
media_image6.png
Greyscale
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),
PNG
media_image1.png
339
387
media_image1.png
Greyscale
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; the surface of base 74; Col. 11, Lines 22-24), and
a collar (Fig. 5; cap 122; Col. 12, Lines 33-45), located at the port end of the connector elbow (see modified Fig. 5 below; base 74; Col. 11, Lines 22-24; Figs. 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 (see modified Fig. 5 below; the surface of base 74; Col. 11, Lines 22-24) into engagement with the port sealing surface (Fig. 5; inner wall 116 and retainer 118; Col. 12, Lines 30-33).
PNG
media_image7.png
405
483
media_image7.png
Greyscale
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).
PNG
media_image8.png
436
620
media_image8.png
Greyscale
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 (see modified Fig. 5 below; the surface of base 74; Col. 11, Lines 22-24) into engagement with a sealing surface of the port (see modified Fig. 5 below; inner wall 116 and retainer 118; Col. 12, Lines 30-33).
PNG
media_image7.png
405
483
media_image7.png
Greyscale
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.
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
PNG
media_image9.png
356
429
media_image9.png
Greyscale
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).
PNG
media_image10.png
315
544
media_image10.png
Greyscale
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 (see modified Fig. 5 below) and wherein the sealing portion comprises the port sealing surface (see modified Fig. 5 below; inner wall 116 and retainer 118; Col. 12, Lines 30-33).
PNG
media_image11.png
609
620
media_image11.png
Greyscale
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).
PNG
media_image12.png
315
674
media_image12.png
Greyscale
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),
PNG
media_image13.png
412
849
media_image13.png
Greyscale
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).
PNG
media_image14.png
405
482
media_image14.png
Greyscale
Claims 1, 7, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Gulliver (WO 2013022356) in view of Brauner (US 5803078).
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; inner surface/wall of sensor port 130),
PNG
media_image15.png
525
770
media_image15.png
Greyscale
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; tapered sealing surface), and
PNG
media_image16.png
718
532
media_image16.png
Greyscale
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.
Brauner discloses a catheter/endotracheal assembly using connectors where
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);
a connector elbow (Fig. 4; T-shaped adapter 70; Col. 11, Lines 30-33), comprising:
a collar (Fig. 5; cap 122; Col. 12, Lines 33-45), located at the port end of the connector elbow (see modified Fig. 5 below; base 74; Col. 11, Lines 22-24; Figs. 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 (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) 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 (see modified Fig. 5 below; the surface of base 74; Col. 11, Lines 22-24) into engagement with the port sealing surface (Fig. 5; inner wall 116 and retainer 118; Col. 12, Lines 30-33).
PNG
media_image2.png
609
620
media_image2.png
Greyscale
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 threads and collar of Brauner to selectable lock and secure the nozzle in place after it has been longitudinally positioned (Brauner: Col. 12, Lines 33-45).
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).
PNG
media_image17.png
552
532
media_image17.png
Greyscale
Regarding claim 26, Gulliver further discloses
the connector assembly (connector assembly for attaching a nasal canula) of claim 1,
wherein the port end of the connector elbow (see modified Fig. 5A below; section of sensor probe 135 that’s directed towards the port) comprises a connector elbow tapering surface (see modified Fig. 5a below; tapered surface that goes inside sensor port 135),
wherein the connector elbow tapering surface (tapered surface that goes inside sensor port 135) comprises the connector elbow sealing surface (see modified Fig. 5a below; tapered surface that goes inside sensor port 135).
PNG
media_image18.png
525
770
media_image18.png
Greyscale
Response to Arguments
Applicant's arguments filed November 10th, 2025 have been fully considered but they are not persuasive.
On pages 6-7 of the remarks, Applicant argues that Brauner does not anticipate all of limitations of claim 1 and claim 48, specifically “a collar is configured to engage with a connection mechanism of the port connector to urge a connector elbow sealing surface into engagement with a port sealing surface”. Further, Applicant argues that because the surface of base 74 will never contact either wall 116 or retainer 118 then Bruaner does not anticipate the engagement of the two surfaces. However, the Examiner disagrees as “to urge the connector elbow sealing surface into engagement with the port sealing surface” is functional language/ intended use and therefore not given any patentable weight. Regardless, while the two surfaces may not come into contact, the claim recites that one surface is in engagement with the other, not that they need to be in contact, which, in other words, can broadly be interpreted as the two surfaces working together. In this case, the adapter works together or engages with the inner wall 116 of the male coupling through the cap 120 so that the base adapter 74 of catheter assembly 10 may be inserted into/through the male coupling 96 of the ventilatory endotracheal tube (in order to couple the two together; see figs .1-5; col. 11, lines 38-41). Additionally, the base of adapter 74 can only be pushed so far into the male coupling 96 due to the sleeve 114 and retainer 118 making it impossible for it to slide further past unlike tubes 12 and 14 (see fig. 5); therefore, helping it to seal or couple inside the male coupling. As such, since the claim does not state that the two surfaces are in contact rather that they are in engagement, the argument is considered, but is deemed unpersuasive.
On page 8 of the remarks, Applicant further argues that all claims dependent from claim 1 and 48 are not anticipated for the same reason as stated on pages 6-7. This is deemed unpersuasive, see reasons above.
On page 8 of the remarks, Applicant further argues that Claims 18, 21, and 33 are based on a flawed interpretation of Brauner as discussed above (see reasons above) and that any modification that would result in the limitations of claim 1 would result in a fundamental change in the way the Brauner operates such as no longer locking onto the tube 12; therefore, no longer functioning for it’s intended purpose. However, it is unclear what modification would result in a fundamental change that would render Brauner inoperable. For example, modifying the distal portion or sealing portion of the inner wall of the male coupling 96 to be slanted or tapered (see modified fig. 5 of Brauner in claim 18 and claim 21) would not render Brauner to no longer being locked onto tube 12. Additionally, modifying the outer surface of the base of the adapter 74 with the protrusions 10 of Kauppi and the inner cap wall 124 with grooves 10 of Kauppi in order to create a better tightening force/seal between the two adapter and the cap (see fig. 5 of Brauner and Kauppi: Col. 4, Lines 24-34 as discussed in claim 33) would not create difference tube; thereby, not rendering Brauner to no longer being locked onto the tube 12. Therefore, the argument of any modification to Brauner would result in a fundamental change that would render inoperability is unpersuasive.
On page 8 of the remarks, Applicant further argues that claims 7 and 26 which depend from claim 1 are not disclosed by Gulliver and Brauner for the same reason as stated on pages 6-7. This is deemed unpersuasive, see reasons above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Morejon (US 20060130847) – A connector assembly that is used with an endotracheal apparatus
Breckon (US 20150040898) – A respiratory duct with a connector elbow
Wright (US 5720282) – A universal respiratory apparatus with a connector port that extends to a gauge
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 SYDNEY REYES RUSSELL whose telephone number is (703)756-4567. The examiner can normally be reached M-F 9am -5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.R.R./Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785