DETAILED ACTION
Response to Amendment
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.
Claim(s) 221-222, 232-234, and 237 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ip (US 2019/0110786; hereafter Ip).
In regard to claim 221, Ip discloses a leaking gas collection access device (735; see Fig. 7) for accommodating an instrument through the mouth or the anus of a human or an animal subject (functional limitation; Ip device is capable of performing), the access device being adapted to extend through the mouth or the anus of the subject and having an instrument bore (lumen of 760) extending therethrough for accommodating the instrument through the mouth or the anus to gain access to an insufflated cavity in the body of the subject, the access device having an inner surface (762) defining the instrument bore, and an external outer surface (764), and comprising: a collection chamber (lumen of 750) located in the access device between and spaced apart from the inner and outer surfaces thereof and extending at least partly around the instrument bore (see Fig. 7), an outlet port (770) communicating with the collection chamber and adapted for connecting to a vacuum system (see par. [0099]-[0100]), and at least one first inner inlet port (see unnumbered ports in 750) communicating with and extending from the collection chamber and terminating in the inner surface of the access device, the at least one inner inlet port being adapted to draw gases leaking through the instrument bore from the cavity into the collection chamber in response to a vacuum being applied to the outlet port (see par. [0099]-[0100]).
In regard to claim 222, Ip discloses in which the collection chamber comprises an annular chamber extending around the instrument bore (see Fig. 7).
In regard to claim 232, Ip discloses in which the at least one inner inlet port terminates in the inner surface of the access device towards a proximal end thereof (see Fig. 7).
In regard to claim 233, Ip discloses in which the at least one inner inlet port terminates in the inner surface of the access device adjacent the proximal end thereof (see Fig. 7).
In regard to claim 234, Ip discloses in which a plurality of the inner inlet ports extend from and communicate with the collection chamber and terminate in the inner surface of the access device spaced apart circumferentially around the access device (see Fig. 7).
In regard to claim 237, Ip discloses in which the collection chamber is located adjacent the proximal end of the access device (see Fig. 7).
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 228-229, 238-239, and 242-243 are rejected under 35 U.S.C. 103 as being unpatentable over Ip in view of Albrecht et al. (US 2010/0094227; hereafter Albrecht).
In regard to claim 228, please see the rejection of claim 221 as the examiner believes all of the structural limitations are disclosed by Ip. However, Ip fails to expressly disclose using the device in the mouth or the anus as is expressly recited in method claim 228.
In a similar art, Albrecht discloses an embodiment of a procedure for retracting an incision or body orifice. In use, the surgical wound retractor 6100 is inserted into an incision, such as an incision made in an abdominal wall (FIG. 1), or a body orifice, such as the vagina (FIG. 2), mouth (FIG. 3) or anus (FIG. 4). The inner ring 6110 is folded or compressed into an oval or other suitable shape and urged through the incision or body orifice into an associated body cavity. Once the inner ring 6110 is fully disposed within the associated body cavity, it is allowed to resume its original, relaxed shape, for example, substantially circular, oval, or other original shape. The inner ring 6110 is then pulled upward against the inner surface of the body cavity, for example, by pulling the outer ring 6120 upward. Albrecht shows it is well-known in the art to use retractors in different areas of the body including the mouth and anus (see Figs. 3 and 4 and par. [0093]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the retractor of Ip in the mouth or anus, as taught by Albrecht, because Albrecht expressly teaches that retractors can be used at these locations of the body. One of ordinary skill in the art would therefore have been motivated to use the retractor of Ip at the mouth or anus with a reasonable expectation of success in achieving its medical function at that location if the surgery and/or condition being treated dictated that location was necessary.
In regard to claim 229, Ip discloses in which the collection chamber comprises an annular chamber extending around the instrument bore (see Fig. 7).
In regard to claim 238, Ip discloses in which the at least one inner inlet port terminates in the inner surface of the access device towards a proximal end thereof (see Fig. 7).
In regard to claim 239, Ip discloses in which a plurality of the inner inlet ports extend from and communicate with the collection chamber and terminate in the inner surface of the access device spaced apart circumferentially around the access device (see Fig. 7).
In regard to claim 242, Ip discloses in which the collection chamber is located adjacent the proximal end of the access device (see Fig. 7).
In regard to claim 243, Ip discloses in which gases drawn through the outlet port by the vacuum applied thereto are filtered through a filter, and the filter is adapted for filtering out one or more of pathogens, bacteria, infections and viruses from gases drawn through the outlet port (see par. [0099]).
Allowable Subject Matter
Claims 223-224, 226, 230, 235-236, and 240-241 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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 THEODORE J STIGELL whose telephone number is (571)272-8759. The examiner can normally be reached M-F 9-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached at 571-270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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THEODORE J. STIGELL
Primary Examiner
Art Unit 3783
/THEODORE J STIGELL/Primary Examiner, Art Unit 3783
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