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 .
Acknowledgment
Claims 1, 6, 23, 25 are amended and filed on 1/2/2026.
Claims 2-5, 13-14, 18, 20-22 are canceled.
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.
Claim(s) 1, 6-12 16-17, 19, 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noda et al. (US. 5,476,447) (“Noda”) in view of Zander (US. 6299592B1).
Re Claim 1, Noda discloses a method (Fig. 1-7b, abstract) for removing smoke or an undesirable gas from a cavity in a human or animal subject during insufflating of the cavity (abstract, the insufflation as inflating the pneumoperitoneal cavity with CO2 gas, Col.5, lines 40-45, and removing the flume by suction Col. 6, lines 50), the method comprising: delivering an insufflating fluid into the cavity (Col.3, lines 33-45, Col.5, lines 1-15) under the control of a flow control valve (18) for insufflating the cavity at a predefined working pressure (Col.5, lines 1-15), providing a discharge control means (26, 14, Col. 6, lines 24-40) selectively and alternately operable in a first state to minimize discharge of insufflating fluid from the cavity (Col. 6, lines 22-44, the fume is detected by the sensor 51 and foot switch is off) and in a second state to discharge the insufflating fluid from the cavity (as the foot 22 is on, Col. 5, lines 22-40), the discharge control means being operable from the first state to the second state in response to a first control signal (the switch 22 is pressed and discharge control Col. 5, lines 22-40), and being operable from the second state to the first state in response to a second control signal (switch 22 is unpressed, Col. 5, lines 24-40), operating the discharge control means from the first state to the second state (as 22 is turn on, the suction is working on section state see Col. 5, lines 24-40) in response to a first control signal (signal from witches 22, Col. 5, lines 40-58) for discharging insufflating fluid and smoke or an undesirable gas from the cavity (Col. 5, lines 40-58), and maintaining the discharge control means in the second state thereof until the second control signal is produced (maintaining the discharge as 22 is on Col. 4, lines 30-41 until the switch 22 is off and discharge control then depends on the reading of the sensor 51, Col. 6, lines 22-44), monitoring a pressure of the insufflating fluid indicative of a pressure of the insufflating fluid in the cavity without interrupting delivery of insufflating fluid to the cavity while the discharge control means is the second state during discharge of insufflating fluid and smoke or the undesirable gas from the cavity (Col. 5, lines 45-58), maintaining the pressure of the insufflating fluid in the cavity substantially constant at the predefined working pressure while the discharge control means is in the second state during discharge of insufflating fluid and smoke or the undesirable gas from the cavity (Col. 5, lines 40-58), by solely operating the flow control valve in response to the monitored pressure indicative of the pressure of the insufflating fluid in the cavity for increasing the flow rate of the insufflating fluid through the cavity to discharge the smoke or the undesirable gas from the cavity (by controlling 18 the introducing CO2), and operating the discharge control means from the second state to the first state in response to the second control signal on completion of discharge of the smoke or the undesirable gas from the cavity (the switch 22 is off and discharge control then depends on the reading of the sensor 51, Col. 6, lines 22-44), but it fails to disclose the step of monitoring the pressure is continuously monitoring a pressure of the pressure of the insufflating fluid in the cavity.
However, Zander discloses an insufflator (Fig. 1-3) and wherein continuously monitoring a pressure of the insufflating fluid indicative of a pressure of the insufflating fluid in the cavity without interrupting delivery of insufflating fluid to the cavity (Col. 9, lines 40-51).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the pressure sensor of Noda so that continuously monitoring a pressure of the insufflating fluid indicative of a pressure of the insufflating fluid in the cavity as taught by Zander for the purpose of using an art recognized pressure sensor that can be working continuously and integrated with other surgical tools (Zander, Col. 9, lines 40-51).
Re Claim 6, Noda discloses in which the first control signal comprises one of a manually generated first signal (foot switch 22 is manually generated), a signal generated in response to operation of an instrument in the cavity, a signal derived from a control system operating an instrument in the cavity indicative of operation of the instrument or commencement of operation of the instrument, or a signal from a timer having timed a first predefined time period from commencement of operation of the instrument in the cavity.
Re Claim 7, Noda discloses in which the second control signal comprises one of a manually generated second signal (releasing switch 22 is manually generated), a signal generated in response to ceasing operation of an instrument in the cavity, a signal derived from a control system operating the instrument in the cavity being indicative of operation of the instrument in the cavity ceasing, a signal from a timer having timed a second predefined time period from commencement of operation of the instrument in the cavity, or a signal from a timer having timed a third predefined time period from ceasing of operation of an instrument in the cavity.
Re Claim 8, Noda discloses in which the manually generated first signal comprises a manually generated first electrical signal (pressing 22 is electrical foot switches, Fig. 1, Col. 5, lines 24-30) or a manually generated first pneumatic signal, and the manually generated second signal comprises a manually generated second electrical signal (releasing 22 is electrical foot switches, Fig. 1) or a manually generated second pneumatic signal.
Re Claim 9, Noda discloses in which the manually generated first electrical signal is generated by an electrical switch (pressing 22 is electrical foot switches, Fig. 1), and the manually generated second electrical signal is generated by the electrical switch (releasing 22 is electrical foot switches, Fig. 1).
Re Claim 10, Noda discloses in which delivery of insufflating fluid to the cavity is temporarily suspended in response to the monitored pressure exceeding a predefined maximum pressure (Col. 6, lines 32-44).
Re Claim 11, Noda discloses in which the pressure indicative of the pressure of the insufflating fluid in the cavity is monitored by a pressure sensor (16, Col. 3, lines 32-44).
Re Claim 12, Noda discloses in which the pressure indicative of the pressure of the insufflating fluid in the cavity monitored by the pressure sensor comprises the pressure of the insufflating fluid in the cavity (16, Col. 3, lines 32-44).
Re Claim 16, Noda discloses which the pressure sensor is located in or adjacent the cavity (16 is adjacent to the cavity, Fig. 1).
Re Claim 17, Noda discloses in which the discharge control means comprises a discharge control valve or a vacuum pump (26).
Re Claim 19, Noda discloses in which the flow control valve comprises a variable state valve (26 can be variable in state).
Re Claim 23, Noda discloses an apparatus (Fig. 1-7b, abstract) for removing smoke or an undesirable gas from a cavity in a body of a human or animal subject during insufflating of the cavity (abstract, the insufflation as inflating the pneumoperitoneal cavity with CO2 gas, Col.5, lines 40-45, and removing the flume by suction Col. 6, lines 50), the apparatus comprising: a flow control valve (18) for delivering an insufflating fluid into the cavity (Col.3, lines 33-45, Col.5, lines 1-15) for insufflating the cavity at a predefined working pressure (Col.5, lines 1-15), a discharge control means (26, 14, Col. 6, lines 24-40) selectively and alternately operable in a first state to minimize discharge of insufflating fluid from the cavity (Col. 6, lines 22-44, the fume is detected by the sensor 51 and foot switch is off) and in a second state to discharge the insufflating fluid from the cavity (as the foot 22 is on, Col5, lines 22-40), the discharge control means being operable from the first state to the second state in response to a first control signal (the switch 22 is on and discharge control is based on reading of the sensor 51, Col. 6, lines 22-44), and being operable from the second state to the first state in response to a second control signal (switch 22 is unpressed and the discharge is based on sensor 51, Col. 5, lines 24-40), the discharge control means being maintained in the second state for discharging insufflating fluid and smoke or the undesirable gas from the cavity until the second control signal is produced ( (maintaining the discharge as 22 is on Col. 4, lines 30-41 until the switch 22 is off and discharge control then depends on the reading of the sensor 51, Col. 6, lines 22-44), a pressure sensor (16 Fig. 1) monitoring a pressure of the insufflating fluid indicative of a pressure of the insufflating fluid in the cavity without interrupting delivery of insufflating fluid to the cavity while the discharge control means is the second state during discharge of insufflating fluid and smoke or the undesirable gas from the cavity (Col. 5, lines 45-58), and producing a signal indicative of the pressure of the insufflating fluid in the cavity (Col. 5, lines 45-58), the flow control valve being solely operated in responsive to the signal indicative of the pressure of the insufflating fluid in the cavity produced by the pressure sensor while the discharge control means is in the second state during discharging of insufflating fluid and smoke or the undesirable gas (Col. 5, lines 40-58, by controlling 18 the introducing CO2), and operating the discharge control means from the second state to the first state in response to the second control signal on completion of discharge of the smoke or the undesirable gas from the cavity to maintain the pressure of the insufflating fluid in the cavity substantially constant at the predefined working pressure (Col. 5, lines 40-58, Col. 6, lines 22-44), for increasing the flow rate of the insufflating gas through the cavity to discharge smoke or the undesirable gas from the cavity (Col. 5, lines 40-58, Col. 6, lines 22-44), but it fails to disclose the pressure sensor is continuously monitoring a pressure of the pressure of the insufflating fluid in the cavity.
However, Zander discloses an insufflator (Fig. 1-3) and wherein continuously monitoring a pressure of the insufflating fluid indicative of a pressure of the insufflating fluid in the cavity without interrupting delivery of insufflating fluid to the cavity (Col. 9, lines 40-51).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the pressure sensor of Noda so that continuously monitoring a pressure of the insufflating fluid indicative of a pressure of the insufflating fluid in the cavity as taught by Zander for the purpose of using an art recognized pressure sensor that can be working continuously and integrated with other surgical tools (Zander, Col. 9, lines 40-51).
Re Claim 24, Noda discloses in which delivery of insufflating fluid to the cavity is recommenced in response to the monitored pressure falling below the predefined working pressure or falling below a predefined minimum pressure (Col. 5, lines 40-58, Col. 6, lines 22-44).
Re Claim 25, Noda discloses in which the pressure sensor is configured for locating externally of the cavity (Fig. 1), and is capable for communicating with the cavity through a conduit in which fluid in the conduit is in a static state (7a, Fig. 1).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noda in view of Zander, further in view of Schaetzle (US. 5687729).
Re claim 15, Noda discloses a pressure monitoring means comprises a pressure sensor (132), but fails to specifically the pressure sensor is a piezoelectric pressure sensor.
However, Schaetzle an endoscope (Fig. 6) and the pressure monitoring means comprises a piezoelectric pressure sensor (45, Col. 7, lines 53-60).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the pressure sensor of Noda so that the pressure sensor is a piezoelectric pressure sensor as taught by Schaetzle for the purpose of using an art recognized pressure sensor (Schaetzle, Col. 7, lines 53-60).
Response to Arguments
Applicant's arguments filed 1/2/2026 have been fully considered but they are not persuasive.
The argument with regards to embodiment Fig. 8 is persuasive. However, a new rejection is based on embodiment of Fig.1. Noda shows in Fig. 1 a pressure sensor (16) to measure the cavity pressure and control the flow valve 18 solely to maintain the predetermined pressure valve (Col. 3, lines 26-45)
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 HAMZA A. DARB whose telephone number is (571)270-1202. The examiner can normally be reached 8:00-5:00 M-F (EST).
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, Chelsea Stinson can be reached at (571) 270-1744. 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.
/HAMZA A DARB/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
Prosecution Insights