DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This office action is responsive to the amendment filed 16 September 2025. As directed by the amendment: claims 1, 2, 11 and 18 are amended. Claims 1-20 are presently pending in this application. The amendments to claim 1 have overcome the previous 35 USC 101 rejection. The amendment to claim 18 has overcome the previous 35 USC 112 rejection.
Response to Arguments
Applicant's arguments filed 16 September 2025 have been fully considered but they are not persuasive.
Regarding claim 1, applicant argues that the amendment regarding a closed loop system with the tubing connecting to the ionizer units is not taught or suggested by either Silver or Szymanski. Silver teaches first and second trocars with tubing connecting each to a part of the device in Figure 2. Furthermore, Silver points out in Figure 1 a recirculating system and also teaches that the system has a recirculating function in paragraphs 0047 and 0048. This teaching means that the gas source that is connected is not necessary, due to the pump included in the system that can facilitate a closed loop system. The system also includes valves for closing off parts of the device and the optional gas source which can be turned on or off (¶[0066]) without impacting whether or not the system filters the insufflated gas. Regarding bleeding or intaking atmospheric gas, paragraph 0057 of Silver also teaches that this is not required for the device to function as the device has valves and operating procedures to determine whether or not this gas is needed. Therefore, Silver does teach a closed loop system with the capability to be open or closed based on what is needed. The amendments to claim 11 are similar to claim 1 and the system of Silver similarity teaches the closed loop system with the combination between Silver and Szymanski teaching the connecting tubes between the ionizer units and the trocars.
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.
Claims 1-7, 10-14, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Silver (U.S. Patent Application Publication No. 20190365417 A1) in view of Szymanski et al. (U.S. Patent Application Publication No. 20200405367 A1).
Regarding claim 1, Silver discloses a closed loop filtration system (see Fig. 2, para. 0044, gas evacuation system 100) comprising:
first (Fig. 2, trocar 135) and second trocars (Fig. 2, trocar 133) configured to provide sealed access to a body cavity (Fig. 2, para. 0040, para. 0045, the trocars 135 and 133 are communicating with a surgical cavity 16 and are sealed); and
a filter cartridge (Fig. 2, filter 116 (left)) including:
an inlet (Fig. 2, the portion of conduit 114 located above filter 116 (left)) in communication with the first trocar (see Fig. 2);
an outlet (Fig. 2, the portion of conduit 114 below filter 116 (left)) in communication with the second trocar (Fig. 2, see direction of the flow of fluid);
Silver fails to teach a power supply; first and second ionizer units electrically coupled to the power supply; and a filter cartridge comprising a first electrode disposed downstream of the inlet of the filter cartridge, the first electrode electrically coupled to the first ionizer unit to ionize airborne particulate matter flowing therethrough; and a second electrode disposed downstream of the first electrode, the second electrode electrically coupled to the second ionizer unit and configured to attract the airborne particulate matter that is ionized by the first electrode and tubing connecting the first and second trocars to the first and second ionizer units and to the filter cartridge to define a closed loop configured to recirculate a fluid within the closed loop filtration system.
However, Szymanski et al. teaches a filtration system (see Fig. 5, para. 0047) comprising a power supply (Fig. 5, electrical power source 202); first (Fig. 5, the left 5 discharge electrodes 222) and second (Fig. 5, the left 5 collection plates 220) ionizer units electrically coupled to the power supply (see Fig. 5); and a filter cartridge (Fig. 5, electrostatic precipitator assembly 106) comprising a first electrode (Fig. 5, discharge electrodes 222) disposed downstream of the inlet of the filter cartridge (see Fig. 5, inlet 110), the first electrode electrically coupled to the first ionizer unit (see Fig. 5) to ionize airborne particulate matter flowing therethrough (para. 0047); and a second electrode (Fig. 5, collection plates 220) disposed downstream of the first electrode (see Fig. 5), the second electrode electrically coupled to the second ionizer unit (see Fig. 5) and configured to attract the airborne particulate matter that is ionized by the first electrode (para. 0047).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the filtration method of Silver to include a power source, two ionizer units, and two electrodes, as taught by Szymanski et al., in order to capture ionized particulate on a collection surface of the electrodes (para. 0047).
Regarding tubing connecting the first and second trocars to the first and second ionizer units and to the filter cartridge to define a closed loop configured to recirculate a fluid within the closed loop filtration system. Silver teaches first (Fig. 2, trocar 135) and second trocars (Fig. 2, trocar 133) with tubing connecting each to a part of the device (see annotated figure below from Silver). The combination with Szymanski would allow for an ionizer unit to be attached at a point of the tubing of Silver as other parts such as filter cartridges, valves, etc. are connected to the tubing in Silver and do not change the function of the device. Furthermore, Silver does have a system in Figure 1 and states in ¶[0047]-[0048] that recirculation of gas in the system of figure 2 is permitted and the detection of recirculated insufflation gas is also applied. This suggests that a closed loop system is a mode of operation for the device of Silverman and actually broadens the functionality of the device rather than limiting it to only being an open system as the device does not need outside gas to function.
PNG
media_image1.png
612
840
media_image1.png
Greyscale
Regarding claim 2, the modified system of Silver teaches the closed loop filtration system according to claim 1,
further including a pump (Silver, Fig. 2, pump 111) connected to the outlet of the filter cartridge (Silver, see Fig. 2, pump 111 receives fluid from the bottom side of filter 116 (left)) to direct the fluid from the first trocar to the filter cartridge (Silver, para. 0045).
Regarding claim 3, the modified system of Silver teaches the closed loop filtration system according to claim 2,
further including an insufflation source connector (Silver, Fig. 2, insufflation subunit 121) that is coupled to an insufflation source (Silver, Fig. 2, supply source 140) and the second trocar (Silver, see Fig. 2).
Regarding claim 4, the modified system of Silver teaches the closed loop filtration system according to claim 3,
wherein the insufflation source connector is also connected to an outlet of the pump (Silver, see Fig. 2).
Regarding claim 5, the modified system of Silver teaches the closed loop filtration system according to claim 1,
wherein the first or second electrode is a mesh (Szymanski et al., para. 0057, Fig. 7, the electrostatic collection cell 200 may include a collection surface comprising a mesh 402).
Regarding claim 6, the modified system of Silver teaches the closed loop filtration system according to claim 1,
wherein the filter cartridge further includes a mechanical filter (Szymanski et al., Fig. 5, para. 0040, particulate filter 154).
Regarding claim 7, the modified system of Silver teaches the closed loop filtration system according to claim 6,
wherein the mechanical filter is a HEPA or ULPA filter (Szymanski et al., Fig. 5, para. 0040, particulate filter 154 may be a High Efficiency Particulate Air filter).
Regarding claim 10, the modified system of Silver discloses the closed loop filtration system according to claim 1,
wherein the first electrode is negatively charged (Szymanski et al., para. 0048).
Regarding claim 11, Silver discloses a closed loop filtration system comprising:
a first trocar (Fig. 2, trocar 133) configured to supply a fluid into a body cavity (see Fig. 2, direction of arrows pointing towards surgical cavity 16);
a second trocar (Fig. 2, trocar 135) configured to discharge the fluid from the body cavity (see Fig. 2, direction of arrows pointing towards surgical cavity 16); and
a filter cartridge (Fig. 2, filter 116 (left)) including:
an outlet (Fig. 2, the portion of conduit 114 below filter 116 (left)) in communication with the first trocar (Fig. 2, see direction of the flow of fluid); and
an inlet (Fig. 2, the portion of conduit 114 located above filter 116 (left)) in communication with the second trocar (see Fig. 2).
Silver fails to teach a power supply; first and second ionizer units electrically coupled to the power supply; and filter cartridge comprising a first electrode disposed downstream of the inlet of the filter cartridge, the first electrode electrically coupled to the first ionizer unit to electrically charge airborne particulate matter passing through the first electrode; and a second electrode disposed downstream of the first electrode, the second electrode electrically coupled to the second ionizer unit and configured to attract the airborne particulate matter that is electrically charged by the first electrode and tubing connecting the first and second trocars to the first and second ionizer units and to the filter cartridge to define a closed loop configured to recirculate a fluid within the closed loop filtration system.
However, Szymanski et al. teaches a filtration system (see Fig. 5, para. 0047) comprising a power supply (Fig. 5, electrical power source 202); first (Fig. 5, the left 5 discharge electrodes 222) and second (Fig. 5, the left 5 collection plates 220) ionizer units electrically coupled to the power supply (see Fig. 5); and a filter cartridge (Fig. 5, electrostatic precipitator assembly 106) comprising a first electrode (Fig. 5, discharge electrodes 222) disposed downstream of the inlet of the filter cartridge (see Fig. 5, inlet 110), the first electrode electrically coupled to the first ionizer unit (see Fig. 5) to ionize airborne particulate matter flowing therethrough (para. 0047); and a second electrode (Fig. 5, collection plates 220) disposed downstream of the first electrode (see Fig. 5), the second electrode electrically coupled to the second ionizer unit (see Fig. 5) and configured to attract the airborne particulate matter that is ionized by the first electrode (para. 0047).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the filtration method of Silver to include a power source, two ionizer units, and two electrodes, as taught by Szymanski et al., in order to capture ionized particulate on a collection surface of the electrodes (para. 0047).
Regarding tubing connecting the first and second trocars to the first and second ionizer units and to the filter cartridge to define a closed loop configured to recirculate a fluid within the closed loop filtration system. Silver teaches first (Fig. 2, trocar 135) and second trocars (Fig. 2, trocar 133) with tubing connecting each to a part of the device (see annotated figure below from Silver). The combination with Szymanski would allow for an ionizer unit to be attached at a point of the tubing of Silver as other parts such as filter cartridges, valves, etc. are connected to the tubing in Silver and do not change the function of the device. Furthermore, Silver does have a system in Figure 1 and states in ¶[0047]-[0048] that recirculation of gas in the system of figure 2 is permitted and the detection of recirculated insufflation gas is also applied. This suggests that a closed loop system is a mode of operation for the device of Silverman and actually broadens the functionality of the device rather than limiting it to only being an open system as the device does not need outside gas to function.
PNG
media_image1.png
612
840
media_image1.png
Greyscale
Regarding claim 12, the modified system of Silver teaches the closed loop filtration system according to claim 11,
wherein the fluid is an insufflation gas (Silver, para. 0050).
Regarding claim 13, the modified system of Silver teaches the closed loop filtration system according to claim 11,
wherein the filter cartridge further includes a mechanical filter that is disposed downstream of the second electrode (Szymanski et al., Fig. 5, para. 0040, particulate filter 154).
Regarding claim 14, the modified system of Silver teaches the closed loop filtration system according to claim 11,
further including a pump (Silver, Fig 2, pump 111) electrically coupled to the power supply (Silver, para. 0045, the pump 111 can have power spikes and therefore is coupled to a power source), and having a pump inlet in communication with the outlet of the filter cartridge (Silver, see Fig. 2, pump 111 receives fluid from the bottom side of filter 116 (left)) and a pump outlet in communication with the first trocar (Silver, see Fig. 2, the direction of flow of the gas travels from the top side of pump 111 towards the trocar 133).
Regarding claim 17, the modified system of Silver teaches the closed loop filtration system according to claim 11,
wherein the first or second electrodes is a mesh (Szymanski et al., para. 0057, Fig. 7, the electrostatic collection cell 200 may include a collection surface comprising a mesh 402).
Regarding claim 18, the modified system of Silver discloses the closed loop filtration system according to claim 14,
further including an insufflation source connector (Silver, Fig. 2, insufflation subunit 121) disposed downstream of the pump outlet (Silver, see Fig. 2), the insufflation source connector coupled to an insufflation gas source (Silver, Fig. 2, supply source 140).
Claims 8-9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Silver (U.S. Patent Application Publication No. 20190365417 A1) in view of Szymanski et al. (U.S. Patent Application Publication No. 20200405367 A1) and further in view of Clement et al. (U.S. Patent Application Publication No. 20150059580 A1).
Regarding claim 8, the modified system of Silver teaches the closed loop filtration system according to claim 1. The modified system of Silver fails to teach wherein the power supply provides an output voltage between about 10k VDC to 30k VDC.
However, Clement et al. teaches Clement et al. teaches a system for filtering aerosol particles (see Fig. 8, para. 0084, FASST MK II system) wherein the power supply provides an output voltage of approximately 10,000 volts DC (para. 0086).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the power source of the modified system of Silver to include a high-voltage power supply as taught by Clement et al., in order to ionize the fluid stream and create free electrons (para. 0086).
Regarding claim 9, the modified system of Silver teaches the closed loop filtration system according to claim 1. The modified system of Silver fails to teach wherein the power supply is a lithium-ion battery.
However, Clement et al. teaches a system for filtering aerosol particles (see Fig. 8, para. 0084, FASST MK II system) wherein the power supply is a lithium-ion battery (para. 0156).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the power source of the modified system of Silver to contain a lithium-ion battery, as taught by Clement et al., in order to allow for easy recharging (para. 0156).
Regarding claim 20, the modified system of Silver teaches the closed loop filtration system according to claim 11. The modified system of Silver fails to teach wherein the power supply is a lithium-ion battery.
However, Clement et al. teaches a system for filtering aerosol particles (see Fig. 8, para. 0084, FASST MK II system) wherein the power supply is a lithium-ion battery (para. 0156).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the power source of the modified system of Silver to contain a lithium-ion battery, as taught by Clement et al., in order to allow for easy recharging (para. 0156).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Silver (U.S. Patent Application Publication No. 20190365417 A1) in view of Szymanski et al. (U.S. Patent Application Publication No. 20200405367 A1) and further in view of Haber et al. (WO 2020237175 A1).
Regarding claim 15, the modified system of Silver teaches the closed loop filtration system according to claim 11. The modified system of Silver fails to teach wherein the pump has an output of about 15 liters per minute.
However, Haber et al. teaches a closed loop filtration system (Fig. 2, gas recirculation system 200) comprising a pump (Fig. 1, recirculation pump 205) which has an output of 12 L/min (para. 0068).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the pump of Silver to output a flowrate of 12 L/min, as taught by Haber et al., in order to provide a flow rate which preferred when implementing smoke sensing and filtration/evacuation techniques (para. 0068).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Silver (U.S. Patent Application Publication No. 20190365417 A1) in view of Szymanski et al. (U.S. Patent Application Publication No. 20200405367 A1) and further in view of Sharkey et al. (U.S. Patent Application Publication No. 20020049438 A1).
Regarding claim 16, the modified system of Silver teaches the closed loop filtration system according to claim 11. The modified system of Silver fails to teach wherein the first or second electrodes is formed of stainless steel.
However, Sharkey et al. teaches an aspiration instrument (Fig. 1, para. 0009, electrosurgical aspiration instrument 10) wherein the electrodes are formed of stainless steel (para. 0039).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the electrodes of the modified system of Silver to be formed of stainless steel, as taught by Sharkey et al. in order to allow for the electrodes to be biocompatible and conductive (para. 0041).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Silver (U.S. Patent Application Publication No. 20190365417 A1) in view of Szymanski et al. (U.S. Patent Application Publication No. 20200405367 A1) and further in view of Surendra et al. (U.S. Patent Application Publication No. 20170080167 A1).
Regarding claim 19, the modified system of Silver teaches the closed loop filtration system according to claim 14. The modified system of Silver fails to teach wherein the pump is a diaphragm pump.
However, Surendra et al. teaches a filtration system (Fig. 1, insufflation system 10) comprising a diaphragm pump (Fig. 5, para. 0057, the diaphragm compressor 80 can be used as the pump 60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the pump of Silver to be a diaphragm pump, as taught by Surendra et al., in order to allow for a simple and cost effective single-use pump (para. 0058).
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 HADEN M RITCHIE whose telephone number is (703)756-1699. The examiner can normally be reached M-F 8am-5:30pm.
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, Bhisma Mehta can be reached at 571-272-3383. 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.
/HADEN MATTHEW RITCHIE/Examiner, Art Unit 3783
/BHISMA MEHTA/Supervisory Patent Examiner, Art Unit 3783
Prosecution Insights