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 .
This office action is in response to applicant’s communication of 7/26/2022. Currently claims 1-6, and 14-24.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-6 and 14-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over BURNETT et al. (US 2017/0136209 A1) in view of BATISTE (US 2020/0155751 A1).
Burnett discloses a drainage system (as in figures 1-91 for examples) for draining a fluid from a patient, the drainage system (se figure 10a for one example) comprising: a catheter (1000, 102 and/or Foley Catheter); a collection container (1020); a drainage tube (1001 or 1012) configured to provide fluid communication between the catheter and the collection container; , wherein the drainage tube includes a port (1132 and/or 1004, 1006) and an output airflow device (1134) coupled to the collection container configured to draw airflow out of the drainage tube.
PNG
media_image1.png
562
746
media_image1.png
Greyscale
Burnett discloses the claimed invention except for the port and a balloon attached to an interior of the drainage tube, wherein an interior cavity of the balloon is configured to: receive a gas from a needle that has pierced the port, and occlude a lumen of the drainage tube. Batiste teaches that it is known to use a port and a balloon attached to an interior of the drainage tube, wherein an interior cavity of the balloon is configured to: receive a gas from a needle that has pierced the port, and occlude a lumen of the drainage tube as set forth in figures 2-7 and described in paragraphs [0030]-[0043] to provide a means to control flow, pressure and prevent blockages in a tubular body to maintain flow through a tubular body. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system as taught by Burnett with a port and a balloon attached to an interior of the drainage tube, wherein an interior cavity of the balloon is configured to: receive a gas from a needle that has pierced the port, and occlude a lumen of the drainage tube as taught by Batiste, since such a modification would provide the system with a port and a balloon attached to an interior of the drainage tube, wherein an interior cavity of the balloon is configured to: receive a gas from a needle that has pierced the port, and occlude a lumen of the drainage tube for providing a means to control flow, pressure and prevent blockages in a tubular body to maintain flow through a tubular body.
993-
PNG
media_image2.png
400
492
media_image2.png
Greyscale
Further note WO 2004/093937 A2, US 7833186, and US 2019/0255242 A1, which disclose these type of ports which use a balloon to block or control flow through a tube. Examiner is of the position that a PHOSITA would know that you can use a needle or syringe to pierce a port to fill a balloon that blocks or controls fluid through a tube.
Concerning claim 2 and in an inflated state, the balloon occludes the lumen of the drainage tube thereby breaking the fluid communication between the catheter and the collection container and preventing the output airflow device from drawing airflow out of the catheter (examiner is of the position that a PHOSITA would know that you can use a needle or syringe to pierce a port to fill a balloon that blocks or controls fluid through a tube as disclosed in Batiste).
Concerning claim 3 and the balloon is attached to the interior of the drainage tube by surrounding an interior side of the port (see Batiste figure 2).
Concerning claim 4 and the port includes a self-sealing membrane (see Burnett 5130 and para [0040]).
Concerning claim 5 and the port is located at a distal end of the drainage tube (examiner is of the position that a PHOSITA would locate the flow control device of Batiste near the distal end of the drainage tube 1001 of Burnett near 1132 which are the valving elements of Burnett to control flow).
Concerning claim 6 and a hydrophobic filter coupled in line with the drainage tube between the collection container and the output airflow device (see 1142 or 1136 and para [0148]).
Concerning claim 14 and a drainage tube for use within a drainage system for draining a fluid from a patient, the drainage system including a catheter ( Burnett 1000), a collection container (1020) and an output airflow device (1134) coupled to the collection container, the drainage tube (1001 or 1012) comprising: a tubing (1012) having a lumen extending from a proximal end to a distal end; a port (see disclosure of Batiste 5130 and figure 2-6) ; and a balloon (Batiste 5240) attached to an interior of the drainage tube (Batiste 12), wherein an interior cavity of the balloon is configured to: receive a gas from a needle that has pierced the port (see figures 5-6), and occlude a lumen of the drainage tube (note discussion and rejections of claims above).
Concerning claim 15 and the drainage tube is configured to provide fluid communication between the catheter and the collection container when the balloon is in a deflated state and terminate the fluid communication when the balloon is in an inflated state thereby preventing the output airflow device from drawing airflow out of the catheter (examiner is of the position that a PHOSITA would know that you can use a needle or syringe to pierce a port to fill a balloon that blocks or controls fluid through a tube as disclosed in Batiste and this would stop flow when combined with Burnett).
Concerning claim 16 and the balloon is attached to the interior of the drainage tube by surrounding an interior side of the port (see Batiste figure 2).
Concerning claim 17 and the port includes a self-sealing membrane (see 5130 and para [0040]).
Concerning claim 18 and the port is located at a distal end of the drainage tube (examiner is of the positon that a PHOSITA would locate the flow control device of Batiste near the distal end of the drainage tube 1001 of Burnett near 1132 which are the valving elements of Burnett to control flow).
Concerning claim 19 and comprising: a hydrophobic filter coupled in line with the drainage tube between the collection container and the output airflow device (see Burnett 1142 or 1136 and para [0148]).
Concerning claim 20 and a drainage system for draining a fluid from a patient, the drainage system comprising: a catheter ( see Burnett 1000); a collection container (1020); a drainage tube (1001) in fluid communication with the collection container; an output airflow device (1134) coupled to the collection container configured to draw airflow out of the drainage tube; and a connector tube configured to provide fluid communication between the catheter and the drainage tubing, wherein the connector tube includes a port (see disclosure of Batiste 5130 and figure 2-6) and a balloon (Batiste 5240) attached to an interior of the connector tube, wherein an interior cavity of the balloon is configured to: receive a gas from a needle that has pierced the port, and occlude a lumen of the connector tube (examiner is of the position that a PHOSITA would know that you can use a needle or syringe to pierce a port to fill a balloon that blocks or controls fluid through a tube as disclosed in Batiste and this would stop flow when combined with Burnett).
Concerning claim 20, Burnett discloses the claimed invention except for the port and a balloon attached to an interior of the connector tube, wherein an interior cavity of the balloon is configured to: receive a gas from a needle that has pierced the port, and occlude a lumen of the drainage tube. Batiste teaches that it is known to use a port and a balloon attached to an interior of the connector tube, wherein an interior cavity of the balloon is configured to: receive a gas from a needle that has pierced the port, and occlude a lumen of the drainage tube as set forth in figures 2-7 and described in paragraphs [0030]-[0043] to provide a means to control flow, pressure and prevent blockages in a tubular body to maintain flow through a tubular body. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system as taught by Burnett with a port and a balloon attached to an interior of the connector tube, wherein an interior cavity of the balloon is configured to: receive a gas from a needle that has pierced the port, and occlude a lumen of the connector tube as taught by Batiste, since such a modification would provide the system with a port and a balloon attached to an interior of the drainage tube, wherein an interior cavity of the balloon is configured to: receive a gas from a needle that has pierced the port, and occlude a lumen of the connector tube for providing a means to control flow, pressure and prevent blockages in a tubular body to maintain flow through a tubular body.
Concerning claim 21 and in an inflated state, the balloon occludes the lumen of the connector tube thereby breaking the fluid communication between the catheter and the collection container and preventing the output airflow device from drawing airflow out of the catheter (again examiner is of the position that a PHOSITA would know that you can use a needle or syringe to pierce a port to fill a balloon that blocks or controls fluid through a tube as disclosed in Batiste and this would stop flow when combined with Burnett).
Concerning claim 22 and the balloon is attached to the interior of the connector tube by surrounding an interior side of the port (see Batiste figure 2).
Concerning claim 23 and the port includes a self-sealing membrane (see 5130 and para [0040]).
Concerning claim 24 and comprising a hydrophobic filter coupled in line with the connector tube between the collection container and the output airflow device (see Burnett 1142 or 1136 and para [0148]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILLIP A GRAY whose telephone number is (571)272-7180. The examiner can normally be reached M-F 9-5 EST (FLEX).
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, 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.
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.
PHILLIP A. GRAY
Primary Examiner
Art Unit 3783
/PHILLIP A GRAY/Primary Examiner, Art Unit 3783