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 .
Claim Objections
Following claims are objected to because of the following informalities:
Claim 2 lines 1-2“wherein a bottom wall of the enclosure comprises an access port adapted for transmitting a patient's head therethrough” needs to be corrected. A suggested correction is -- wherein a bottom wall of the enclosure comprises an access port adapted for [[transmitting]] passing a patient's head therethrough—or -- wherein a bottom wall of the enclosure comprises an access port adapted for [[transmitting]] disposing a patient's head therethrough.
Claim 3 “the same” needs to be corrected. A suggested corrected is replacing “the same” with the corresponding structure i.e. -- wherein the enclosure comprises a front wall placed [[such]] in a manner that the [[same]] front wall extends substantially upwardly from the patient's chest after the patient's head is placed inside the enclosure--.
Claim 13 in line 3 “the inflation port is accessible when the same are folded” needs to be corrected. A suggested correction is -- the inflation port is accessible [[when]] while the same are folded -- to avoid conditional limitation recitation which would raise question as to what occurs when the condition is not met.
Each of claims 1-4 and 13 recite “such that” intended result/functional limitation encompassing clauses which need to be corrected. As an example amend claim 1 lines 10-12 “the at least a suction opening being placed such that air containing pathogen emitted from a pathogen emitting source disposed inside the enclosure is drawn away from the at least an access port” to – the at least a suction opening being placed [[such]] in a manner that air containing pathogen emitted from a pathogen emitting source disposed inside the enclosure is drawn away from the at least an access port —to avoid intended result/functional limitation interpretation (see MPEP 2111.04) which would raise question as to whether the limitation proceeding “such that” is even required or not required. Similar amendment is suggested for claims 2-4 and 13.
Each of claims 1, 6, 8, 13, 16 recite “adapted for” or “adapted to” encompassing clauses which needs to be corrected to avoid potential intended use/functional limitation interpretation as detailed in MPEP 2111.04 which states inter alia that claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure (See MPEP 2111.04 discussion especially regarding “Adapted to,” “Adapted for,” Clauses). As an example amend claim 1 lines 5-6 “at least an access port disposed in the enclosure with at least one of the at least an access port being adapted for enabling transmission of air into the enclosure” and claim 1 lines 7 “a suction structure mounted to the enclosure, the suction structure comprising a suction connecting port adapted for being connected to a suction source and a suction conduit connected to the suction connecting port” to -- at least an access port disposed in the enclosure with at least one of the at least an access port being [[adapted]] configured for enabling transmission of air into the enclosure—and -- a suction structure mounted to the enclosure, the suction structure comprising a suction connecting port [[adapted]] configured for being connected to a suction source and a suction conduit connected to the suction connecting port—respectively. As another example amend claim 16 “the suction structure comprising a suction connecting port adapted for being connected to a suction source” to -- the suction structure comprising a suction connecting port [[adapted]] configured for being connected to a suction source--. Similar amendments are proposed for each of claims 2, 6, 8, 13. For similar reasons as above, claim 13 “wherein the support frame structure and the enclosure are adapted such that inflation unfolds the same” needs to be corrected to -- wherein the support frame structure and the enclosure are configured in a manner that inflation unfolds the same --.
Claims 2-7, 9-15, 18-19 line 1 needs to be corrected to include “,” between claim number and the proceeding “wherein” clause. As an example amend claim 2 line 1 “The device according to claim 1 wherein a bottom wall” to -- The device according to claim 1, wherein a bottom wall--. Similar amendment is suggested for claims 3-7, 9-15, 18-19 as well.
Claim 16 lines 15-16 “removing air from inside the enclosure and simultaneously drawing air from the outside into the enclosure through at least one of the at least an access port” needs to be corrected. A suggested correction is -- removing air from inside the enclosure and simultaneously drawing air from the outside of the enclosure into the enclosure through at least one of the at least an access port--.
Claim 16 line 13 “disposing through an access port a pathogen emitting source inside the enclosure” needs to be corrected. A suggested correction is -- disposing through an access port a pathogen emitting source [[inside]] into the enclosure--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 13 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention for the following reasons:
Claim 13 in lines 2-5 recites “the enclosure are adapted to enable folding of the same such that the inflation port is accessible when the same are folded and wherein the support frame structure and the enclosure are adapted such that inflation unfolds the same” which renders this claim unclear. More specifically, it is unclear as to “the same” is referencing which preceding structure or structures or combination of structures recited in this claim or preceding base claims. Examiner suggests amending to include the corresponding structure(s), the term “the same” is referencing in this context.
Claim Interpretation
Claims terms where relevant are being interpreted in light of definitions enumerated in instant application specification as-filed at least para. [0044].
Please note that USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily). In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) ("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow.... The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed.... An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.").
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 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 of this title, 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 1-4, 6-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kano Yoshimi (Pub. No.: CA 2172929 A1, hereinafter referred to as "Kano") in view of Lanier, Jeffrey Day (Pub. No.: US 20050005943 A1, hereinafter referred to as “Lanier”).
As per independent Claim 1, Kano discloses a disposable pathogen containment device (Kano in at least abstract, fig. 1-6, page 2 lines 4-7, pages 4-11 for example discloses relevant subject-matter. More specifically, Kano in at least abstract, fig. 1-6, page 4 lines 4-13 for example discloses a pathogen 60 containment device/enclosure system 8 that is capable of being disposed of. See at least Kano; page 4 lines 4-13 “a portable enclosure system” ) comprising:
a support frame structure (Kano in at least fig. 1-6, page 4 lines 8-13, page 8 lines 10-page 9 line 14 for example discloses a support frame structure 10. See at least page 8 lines 10-19 “portable enclosure system (8)…including a box-like, soft-walled chamber (10) which comprises three transparent side panels (12, 14, 16), one transparent top panel (20), one transparent curtain (18) and a bottom sealing membrane 921)….panels…are inflatable rectangular collars…Each of the inflatable collars has a skirt (30)…skirts (30) overlap and are sealed together to form an air-tight boundary (32) between adjacent inflatable collars”);
an enclosure made of a substantially air-tight flexible sheet material mounted to the support frame structure (Kano in at least fig. 1-6, page 8 lines 10-16 for example discloses enclosure made of a substantially air-tight flexible sheet material mounted to the support frame structure 10 as seen in fig. 3 for example);
at least an access port disposed in the enclosure with at least one of the at least an access port being adapted for enabling transmission of air into the enclosure (Kano in at least fig 1-6, page 9 lines 1-10 for example discloses at least an access port disposed in the enclosure with at least one of the at least an access port/aperture 38 being adapted for enabling transmission of air into the enclosure. See at least Kano page 9 lines 1-10 “hose (36) sufficiently dimension …may communicate with the enclosed volume of air through any one of the panels (12, 14, or 16) in such as a manner as to provide a flow of filtered air from the top…to the bottom of the chamber”); and,
a suction opening for removing air from inside the enclosure, the at least a suction opening being placed such that air containing pathogen emitted from a pathogen emitting source disposed inside the enclosure is drawn away from the at least an access port (Kano in at least fig. 1-6, page 9 lines 10-12, page 10 lines 10-11, 23-26 for example discloses a suction opening/exhaust ports 40 for removing air from inside the enclosure, the at least a suction opening 40 being placed such that air containing pathogen emitted from a pathogen emitting source disposed inside the enclosure is drawn away from the at least an access port. See at least Kano page 10 lines 23-25 “As the air pressure builds within the chamber, allergens which were present in the atmosphere of the chamber are forced to the bottom of the chamber and blown from the chamber via the plurality of exhaust ports (40).”).
Kano does not explicitly disclose suction structure mounted to the enclosure features i.e. a suction structure mounted to the enclosure, the suction structure comprising a suction connecting port adapted for being connected to a suction source and a suction conduit connected to the suction connecting port and the suction conduit comprising at least a suction opening for removing air from inside the enclosure, the at least a suction opening being placed such that air containing pathogen emitted from a pathogen emitting source disposed inside the enclosure is drawn away from the at least an access port.
However, in an analogous patient enclosure field of endeavor, Lanier discloses a disposable containment device (Lanier in at least abstract, fig. 1-2, [0014], [0018-0020], [0022-0026] for example discloses relevant subject-matter. More specifically, Lanier in at least fig. 1, [0014] for example discloses a patient containment device that is capable of being disposed. See at least Lanier [0014] “a surgical drape … comprising a flexible supply tube and a flexible suction tube … providing a breathing environment by supplying oxygen and by removing exhaled CO.sub.2-rich air. One or more supply ports are located at the upper end of the supply tube, and one or more suction ports are located at the upper end of the suction tube”), comprising:
a suction structure mounted to the enclosure, the suction structure comprising a suction connecting port adapted for being connected to a suction source and a suction conduit connected to the suction connecting port (Lanier in at least fig. 1, [0014] [0018-0020], [0023] for example discloses a suction structure 40 mounted to the enclosure, the suction structure comprising a suction connecting port 12, 26 adapted for being connected to a suction source 40 and a suction conduit/suction tube 12 connected to the suction connecting port as seen in fig. 1 for example. See at least Lanier [0023] “Supply tube 10 at its lower end 33 is coupled to a supply valve 34, which in turn is coupled to an oxygen or air source 36. Likewise, suction tube 12 at its lower end 37 is coupled to a suction valve 38, which is in turn coupled to a suction source 40” ),
the suction conduit comprising at least a suction opening for removing air from inside the enclosure, the at least a suction opening being placed such that air containing pathogen emitted from a pathogen emitting source disposed inside the enclosure is drawn away from the at least an access port (Lanier in at least fig. 1, [0014] [0018-0020] for example discloses suction conduit 12 comprising at least a suction opening for removing air from inside the enclosure, the at least a suction opening being placed such that air containing pathogen emitted from a pathogen emitting source disposed inside the enclosure is drawn away from the at least an access port. See at least Lanier [0018] “drape support 1 uses a supply tube 10 and a suction tube 12 to suspend a surgical drape 14 above a patient's nostrils 16 and mouth 18 while allowing the surgeon unencumbered access to the patient's eye through drape aperture 20”; [0020] “One or more (preferably several) supply ports 24 are located at or near the upper end 23 of supply tube 10 for supplying oxygen or air to the patient. Similarly, one or more (preferably several) suction ports 26 are located at or near the upper end 25 of suction tube 12 for removing accumulated CO.sub.2-rich exhaled air. The ports may consist simply of holes formed in the tubes 10,12 or may consist of nozzle assemblies.”).
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 pathogen containment device as taught by Kano, by further including a suction structure mounted to the enclosure, the suction structure comprising a suction connecting port adapted for being connected to a suction source and a suction conduit connected to the suction connecting port, as taught by Lanier. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of removing accumulated undesirable contaminants within enclosure like CO.sub.2-rich exhaled air (Lanier, [0020]).
As per dependent Claim 2, the combination of Kano and Lanier as a whole further discloses device wherein a bottom wall of the enclosure comprises an access port adapted for transmitting a patient's head therethrough such that the patient's head is facing substantially upward and wherein the at least a suction opening is placed in a top end portion of the enclosure (Kano in at least fig. 1-4, page 5 lines 5-9, page 9 lines 5-9, page 10 lines 12-16, page 11 lines 14-16 for example discloses a bottom wall of the enclosure comprises an access port formed by curtain 18 adapted for transmitting a patient's head therethrough such that the patient's head is facing substantially upward and wherein the at least a suction opening is placed in a top end portion of the enclosure. See at least Kano page 5 lines 5-9 “enclosure is covered with plastic, transparent curtain…to allow entrance and egress from the enclosure”; page 10 lines 12-16 “in operation, the chamber is placed upon a substantially flat surface such as a sleeping surface. The person enters the enclosure by way of curtain (18) and curtain (18) then closes the front side of the chamber and lays substantially horizontal on the bed”; page 11 lines 14-16 “Curtain (18) is shown closing the front end of the chamber and extending towards the foot of the sleeping surface to provide a suitable seal … within the chamber”).
As per dependent Claim 3, the combination of Kano and Lanier as a whole further makes obvious device wherein the enclosure comprises a front wall placed such that the same extends substantially upwardly from the patient's chest after the patient's head is placed inside the enclosure and wherein the at least a suction opening is placed in a top front portion of the enclosure (Kano in at least fig. 1-4, page 4 lines 8-13, page 8 lines 10-16, page 9 lines 5-9, 10-12, page 10 lines 10-11, 23-26 for example discloses wherein the enclosure comprises a front wall placed such that the same extends substantially upwardly from the patient's chest after the patient's head is placed inside the enclosure as seen in fig. 3-4 and wherein the at least a suction opening 40 is placed in a front portion of the enclosure which makes obvious the subject-matter as now explicitly, positively and specifically recited by the subjects as a matter or mere rearrangement of prior art discloses elements (see MPEP 2144.04) to obtain functionally equivalent results of obtaining medically beneficial air circulation within the enclosure ).
As per dependent Claim 4, the combination of Kano and Lanier as a whole further discloses device wherein the enclosure comprises a rear wall with a top portion thereof being oriented upwardly and forwardly such that a top end thereof is placed approximately midpoint between a front end and a rear end of the enclosure (Kano in at least fig. 1-4, page 4 lines 8-17, page 8 lines 10-16, page 9 lines 10-12, page 10 lines 10-11, 23-26 for example discloses the enclosure 8 comprises a rear wall with a top portion thereof being oriented upwardly and forwardly such that a top end thereof is placed approximately midpoint between a front end and a rear end of the enclosure. See at least Kano page 4 lines 14-17 “chamber may assume a variety of shapes capable of enclosing a sufficient volume of air to provide a suitable breathing environment. For example, tent-like shapes, dome shapes and conical shapes”).
As per dependent Claim 6, the combination of Kano and Lanier as a whole further discloses device wherein the suction conduit comprises a tube extending approximately from a left hand side to a right hand side of the enclosure and wherein the at least a suction opening is adapted to provide suction at a plurality of locations along the tube (Lanier in at least fig. 1, [0014], [0018-0020] for example discloses the suction conduit 12 comprises a tube extending approximately from a left hand side to a right hand side of the enclosure as seen in fig. 1 and wherein the at least a suction opening 26 is adapted to provide suction at a plurality of locations along the tube).
As per dependent Claim 7, the combination of Kano and Lanier as a whole further discloses device wherein the tube comprises a plurality of suction openings disposed along the tube (Lanier in at least fig. 1, [0014], [0018-0020] for example discloses the tube comprises a plurality of suction openings 26 disposed along the tube).
As per dependent Claim 8, the combination of Kano and Lanier as a whole as evidenced in Poenisch further discloses device according to claim 2 comprising a securing flap mounted to an outside rear bottom end portion of the enclosure and extending forwardly, the securing flap being adapted for being placed underneath the patient's pillow (Kano disclosure in at least fig. 1-4 for example makes obvious a securing flap 21 mounted to an outside rear bottom end portion of the enclosure 8 and extending forwardly, the securing flap being adapted for being placed underneath the patient's head. Examiner notes that use of patient pillow within a pathogen containment device is well-known in the art as evidenced by US 20160136024 A1 to Poenisch et al. figure 1, fig. 4-5 which discloses patient’s head resting a pillow like structure).
As per dependent Claim 9, the combination of Kano and Lanier as a whole further discloses device wherein the support frame structure is made of flexible sheet material and is inflatable (Kano in at least page 4 lines 18-20, page 8 lines 10-19, page 10 lines 10-11 for example discloses the support frame structure is made of flexible sheet material and is inflatable. See at least page 8 lines 10-19 “portable enclosure system (8)…including a box-like, soft-walled chamber (10) which comprises three transparent side panels (12, 14, 16), one transparent top panel (20), one transparent curtain (18) and a bottom sealing membrane 921)….panels…are inflatable rectangular collars…Each of the inflatable collars has a skirt (30)…skirts (30) overlap and are sealed together to form an air-tight boundary (32) between adjacent inflatable collars”; page 10 lines 10-11 “inflation valves (44)”).
As per dependent Claim 10, the combination of Kano and Lanier as a whole further discloses device wherein the support frame structure comprises inflatable tubular support frame elements (Kano in at least page 4 lines 18-20, page 8 lines 10-19, page 10 lines 10-11 for example discloses support frame structure comprises inflatable tubular support frame elements. See at least page 8 lines 10-19 “portable enclosure system (8)…including a box-like, soft-walled chamber (10) which comprises three transparent side panels (12, 14, 16), one transparent top panel (20), one transparent curtain (18) and a bottom sealing membrane 921)….panels…are inflatable rectangular collars…Each of the inflatable collars has a skirt (30)…skirts (30) overlap and are sealed together to form an air-tight boundary (32) between adjacent inflatable collars”; page 10 lines 10-11 “inflation valves (44)”).
As per dependent Claim 11, the combination of Kano and Lanier as a whole further discloses device wherein the support frame elements are in fluid communication with each other and wherein one of the support frame elements is connected to an inflation port (Kano in at least page 8 lines 10-19, page 10 lines 10-11 for example discloses support frame elements are in fluid communication with each other and wherein one of the support frame elements is connected to an inflation port 44. KANO in at least page 10 lines 10-11 “inflation valves (44)”).
As per dependent Claim 12, the combination of Kano and Lanier as a whole further discloses device wherein the support frame elements form: a left hand side frame outlining a left hand side of the enclosure; a right hand side frame outlining a right hand side of the enclosure; and, connecting elements connecting the left hand side frame and the right hand side frame (Kano in at least fig. 1, page 4 lines 8-17, page 5 lines 1-9 for example discloses the support frame elements form: a left hand side frame outlining a left hand side of the enclosure; a right hand side frame outlining a right hand side of the enclosure; and, connecting elements connecting the left hand side frame and the right hand side frame).
As per dependent Claim 13, the combination of Kano and Lanier as a whole further discloses device wherein the support frame structure is connected to an inflation port and wherein the support frame structure and the enclosure are adapted to enable folding of the same such that the inflation port is accessible when the same are folded and wherein the support frame structure and the enclosure are adapted such that inflation unfolds the same.
As per dependent Claim 14, the combination of Kano and Lanier as a whole further discloses device wherein at least one of the at least an access port is sealable (Kano in at least fig. 3, page 5 lines 5-9 for example discloses wherein at least one of the at least an access port is capable of being reversibly and temporarily sealed via a curtain 18. See at least Kano page 5 lines 5-9 “enclosure is covered with plastic, transparent curtain…to allow … egress from the enclosure”;).
As per independent Claim 16, Kano discloses a method for containing pathogen (Kano in at least abstract, fig. 1-6, page 2 lines 4-7, pages 4-11 for example discloses relevant subject-matter. More specifically, Kano in at least abstract, fig. 1-6, page 10 lines 12-28 for example discloses method for containing pathogen. See at least Kano page 10 lines 12-28 “in operation, the chamber is placed upon a…sleep surface… As the air pressure builds within the chamber, allergens which were present in the atmosphere of the chamber are forced to the bottom of the chamber and blown from the chamber via the plurality of exhaust ports (40)” ) comprising:
providing a folded disposable pathogen containment device (Kano in at least abstract, fig. 1-6, page 4 lines 4-13 for example discloses providing a pathogen 60 containment device/enclosure system 8 that is capable of being disposed of. See at least Kano; page 4 lines 4-13 “a portable enclosure system”), the device comprising:
an inflatable support frame structure (Kano in at least fig. 1-6, page 8 lines 10-page 9 line 14 for example discloses an inflatable support structure 10. See at least page 8 lines 10-19 “portable enclosure system (8)…including a box-like, soft-walled chamber (10) which comprises three transparent side panels (12, 14, 16), one transparent top panel (20), one transparent curtain (18) and a bottom sealing membrane 921)….panels…are inflatable rectangular collars…each of the inflatable collars has a skirt (30)…skirts (30) overlap and are sealed together to form an air-tight boundary (32) between adjacent inflatable collars”);
an enclosure made of a substantially air-tight flexible sheet material mounted to the support frame structure (Kano in at least fig. 1-6, page 8 lines 10-16 for example discloses enclosure made of a substantially air-tight flexible sheet material mounted to the support frame structure 10 as seen in fig. 3 for example);
at least an access port disposed in the enclosure (Kano in at least fig 1-6, page 9 lines 1-10, page 10 lines 23-25 for example discloses at least an access port disposed in the enclosure. See at least Kano page 9 lines 1-10 “hose (36) sufficiently dimension …may communicate with the enclosed volume of air through any one of the panels (12, 14, or 16) in such as a manner as to provide a flow of filtered air from the top…to the bottom of the chamber”; page 10 lines 23-25 “As the air pressure builds within the chamber, allergens which were present in the atmosphere of the chamber are forced to the bottom of the chamber and blown from the chamber via the plurality of exhaust ports (40).”); and,
a suction opening for removing air from inside the enclosure (Kano in at least fig. 1-6, page 9 lines 10-12, page 10 lines 10-11, 23-26 for example discloses a suction opening for removing air from inside the enclosure. See at least Kano page 10 lines 23-25 “As the air pressure builds within the chamber, allergens which were present in the atmosphere of the chamber are forced to the bottom of the chamber and blown from the chamber via the plurality of exhaust ports (40).”);
inflating the support frame structure and forming the enclosure (Kano in at least page 10 lines 12-28 for example discloses inflating the support frame structure and forming the enclosure. See at least page 8 lines 10-19 “portable enclosure system (8) ….Framing side panels (12, 14, 16) and top panel (20)…are inflatable rectangular collars (22, 24, 26, 28)…Each of the inflatable collars has a skirt (30)…skirts (30) overlap and are sealed together to form an air-tight boundary (32) between adjacent inflatable collars”);
including suction connecting ports (Kano in at least fig. 1-6, page 9 lines 10-12, page 10 lines 10-11, 23-26 for example discloses a suction opening/exhaust ports 40 for removing air from inside the enclosure. See at least Kano page 10 lines 10-11 “exhaust port 40”; page 10 lines 23-25 “As the air pressure builds within the chamber, allergens which were present in the atmosphere of the chamber are forced to the bottom of the chamber and blown from the chamber via the plurality of exhaust ports (40).”);
disposing through an access port a pathogen emitting source inside the enclosure (Kano in at least fig. 3-4, page 10 lines 12-18 for example discloses disposing through an access port at location of curtain 18 a pathogen emitting source 60 inside the enclosure. See at least Kano page 10 lines 13-16 “person enters the enclosure by way of curtain (18) and curtain (18) then closes the front side of the chamber and lays …on bed…within the chamber”);
providing suction to the suction connecting port (Kano in at least fig. 1-6, page 9 lines 10-12, page 10 lines 10-11, 23-26 for example discloses providing suction to the suction connecting port. See at least Kano page 10 lines 23-25 “As the air pressure builds within the chamber, allergens which were present in the atmosphere of the chamber are forced to the bottom of the chamber and blown from the chamber via the plurality of exhaust ports (40).”); and,
removing air from inside the enclosure and simultaneously drawing air from the outside into the enclosure through at least one of the at least an access port (Kano in at least fig. 1-6, page 9 lines 10-12, page 10 lines 10-11, 23-26 for example discloses removing air from inside the enclosure via exhaust port(s) and simultaneously drawing air from the outside into the enclosure through at least one of the at least an access port such as apertures 38 . See at least Kano page 10 lines 23-25 “air travels the length of the hose (36) and enters the chamber (10) through the aperture (38 not shown)…. As the air pressure builds within the chamber, allergens which were present in the atmosphere of the chamber are forced to the bottom of the chamber and blown from the chamber via the plurality of exhaust ports (40).”).
Kano does not explicitly disclose suction structure features i.e. a suction structure mounted to the enclosure, the suction structure comprising a suction connecting port adapted for being connected to a suction source and a suction conduit connected to the suction connecting port and connecting the suction connecting port to a suction source.
However, in an analogous patient enclosure field of endeavor, Lanier discloses a method for containing (Lanier in at least abstract, fig. 1-2, [0014], [0018-0020], [0022-0026] for example discloses relevant subject-matter. More specifically, Lanier in at least fig. 1, [0014] for example discloses method for containing a patient. See at least Lanier [0014] “a surgical drape … comprising a flexible supply tube and a flexible suction tube … providing a breathing environment by supplying oxygen and by removing exhaled CO.sub.2-rich air. One or more supply ports are located at the upper end of the supply tube, and one or more suction ports are located at the upper end of the suction tube”), comprising:
a suction structure mounted to the enclosure, the suction structure comprising a suction connecting port adapted for being connected to a suction source and a suction conduit connected to the suction connecting port (Lanier in at least fig. 1, [0014] [0018-0020], [0023] for example discloses a suction structure 40 mounted to the enclosure, the suction structure comprising a suction connecting port 12, 26 adapted for being connected to a suction source 40 and a suction conduit/suction tube 12 connected to the suction connecting port as seen in fig. 1 for example. See at least Lanier [0023] “Supply tube 10 at its lower end 33 is coupled to a supply valve 34, which in turn is coupled to an oxygen or air source 36. Likewise, suction tube 12 at its lower end 37 is coupled to a suction valve 38, which is in turn coupled to a suction source 40”);
connecting the suction connecting port to a suction source (Lanier in at least fig. 1 discloses connecting the suction connecting port 12, 26 to a suction source 40).
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 method of using pathogen containment device as taught by Kano, by further including step that uses a suction structure mounted to the enclosure, the suction structure comprising a suction connecting port adapted for being connected to a suction source and a suction conduit connected to the suction connecting port, as taught by Lanier. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of removing accumulated undesirable contaminants within enclosure like CO.sub.2-rich exhaled air (Lanier, [0020]).
As per dependent Claim 17, the combination of Kano and Lanier as a whole further discloses method comprising: removing the pathogen emitting source from the enclosure through the access port; collapsing the pathogen containment device by deflating the support frame structure while simultaneously removing air from inside the enclosure; disconnecting the suction source from the suction connecting port; and, disposing the collapsed pathogen containment device (Kano in at least fig. 1-6, page 5 lines 5-9, page 4 lines 8-13, page 7 lines 14-17, discloses removing the pathogen emitting source 60 from the enclosure 8 through the access port formed by curtain 18; collapsing the pathogen containment device by deflating the support frame structure while simultaneously removing air from inside the enclosure; disposing the collapsed pathogen containment device while Lanier in at least [0014] [0018-0020], [0023] makes obvious disconnecting the suction source 40 from the suction connecting port 12, 26. Thus, the combination of applied art as a whole discloses subject-matter as now explicitly, positively and specifically recited by the Applicants. See at least Kano page 5 lines 5-9 “enclosure is covered with plastic, transparent curtain…to allow … egress from the enclosure”; page 7 lines 14-17 “provides for a portable enclosure system which is … easy to assemble, easy to store while not in use, inexpensive to manufacture and purchase…safe to use”; Lanier [0023] “Supply tube 10 at its lower end 33 is coupled to a supply valve 34, which in turn is coupled to an oxygen or air source 36. Likewise, suction tube 12 at its lower end 37 is coupled to a suction valve 38, which is in turn coupled to a suction source 40”. Examiner also notes that the recited method steps would be obvious to one of ordinary skill in the art at the time the invention was filed as a matter of mere reversal of prior art disclosed steps in order to facilitate ease of storage.).
As per dependent Claim 18, the combination of Kano and Lanier as a whole further discloses method wherein during inflating the support frame structure the disposable pathogen containment device is simultaneously unfolded (Kano in at least fig. 1-6, page 5 lines 18-22, page 8 lines 10-19, page 10 lines 10-11 for example discloses during inflating via inflation valves 44 the support frame structure, the disposable pathogen containment device is simultaneously unfolded/expanded as inflatable frame components are inflated. See at least page 8 lines 10-19 “portable enclosure system (8)…including a box-like, soft-walled chamber (10) which comprises three transparent side panels (12, 14, 16), one transparent top panel (20), one transparent curtain (18) and a bottom sealing membrane 921)….panels…are inflatable rectangular collars…Each of the inflatable collars has a skirt (30)…skirts (30) overlap and are sealed together to form an air-tight boundary (32) between adjacent inflatable collars”; page 10 lines 10-11 “inflation valves (44)”).
As per dependent Claim 19, the combination of Kano and Lanier as a whole further discloses method wherein a patient's head is disposed through an access port in a bottom wall of the enclosure (Kano in at least fig. 1-4, page 5 lines 5-9, page 10 lines 12-16, page 11 lines 14-16 for example discloses a patient's 60 head is disposed through an access port formed by curtain 18 at a bottom wall of the enclosure 8. See at least Kano page 5 lines 5-9 “enclosure is covered with plastic, transparent curtain…to allow entrance and egress from the enclosure”; page 10 lines 12-16 “in operation, the chamber is placed upon a substantially flat surface such as a sleeping surface. The person enters the enclosure by way of curtain (18) and curtain (18) then closes the front side of the chamber and lays substantially horizontal on the bed”; page 11 lines 14-16 “Curtain (18) is shown closing the front end of the chamber and extending towards the foot of the sleeping surface to provide a suitable seal … within the chamber”).
As per dependent Claim 20, the combination of Kano and Lanier as a whole as evidenced in Poenisch further discloses method comprising placing a securing flap underneath the patient's pillow, the securing flap being mounted to an outside bottom end portion of the enclosure (Kano in at least fig. 1, page 8 lines 10-19 for example discloses a securing flap 21 underneath the patient , the securing flap 21 being mounted to an outside bottom end portion of the enclosure 8. Examiner notes that use of patient pillow within a pathogen containment device is well-known in the art as evidenced by US 20160136024 A1 to Poenisch et al. figure 1, fig. 4-5 which discloses patient’s head resting a pillow like structure).
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kano in view of Lanier and further in view of Grothem; Larissa (Pub. No.: US 20220000694 A1, hereinafter referred to as “Grothem”).
As per dependent Claim 5, Kano discloses device according to claim 4 (see claim 4)
The combination of Kano and Lanier as a whole makes obvious but does not explicitly disclose wherein the top portion of the rear wall comprises two access ports disposed therein
However, in an analogous disposable pathogen containment enclosure field of endeavor, Grothem discloses a disposable pathogen containment device (Grothem in at least fig. 1-13, abstract, [0002], [0004-0018], [0042-0044], [0047-0053], [0058], [0064-0066], [0068-0073] for example discloses relevant subject-matter. More specifically, Grothem in at least fig. 2, fig. 11, [0004] for example discloses a disposable pathogen 99containment device/PIPS. See at least Grothem [0004] “disposable, isolating intubation device is provided, the device comprising: a flexible, spherical compartment inflatable from a collapsible, folded state, the flexible, spherical compartment being substantially transparent and having a closed end and an open end distal from the closed end defining an inside volume for receiving a head, shoulders and a portion of a torso of a patient”)
wherein the top portion of the rear wall comprises two access ports disposed therein (Grothem in at least fig. 2, [0051-0053] for example discloses wherein the top portion of the rear wall comprises two access ports 126, 128 disposed therein. See at least Grothem [0051] “PIPS 100 is shown with a plurality of gloves 128 for attending to the patient… at least two pairs of gloves are present. For the purpose of allowing the introduction of various lines into the interior of the apparatus for checking on the condition, providing fluids or medicines, and/or intubation to the patient within the PIPS 100, there is provided a plurality of small access ports … access ports in the sphere 100, 200 for intubator components and airway assistant gloves 128 are located at levels that best facilitated access to the patient, without causing dome collapse, or distortion”; [0052] “PIPS apparatus shown in operation about a patient 99. Gloves 128 are positioned about patient 99 and access ports 126 for providing treatment. Additional gloves and access ports can be used.”).
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 arrangement of access ports in the enclosure used in the disposable pathogen containment device of Kano, as modified with Lanier, such that the top portion of the rear wall comprises two access ports disposed therein as disclosed in Grothem. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of providing required treatment to the patient within the enclosure such as allowing the introduction of various lines into the interior of the apparatus for checking on the condition, providing fluids or medicines, and/or intubation to the patient (Grothem, [0051-0052]).
As per dependent Claim 15, Kano discloses device according to claim 1 (see claim 1 above).
The combination of Kano and Lanier as a whole does not explicitly disclose the suction structure comprises a pathogen filter.
However, in an analogous disposable pathogen containment enclosure field of endeavor, Grothem discloses a disposable pathogen containment device (Grothem in at least fig. 1-13, abstract, [0002], [0004-0018], [0042-0044], [0047-0053], [0058], [0064-0066], [0068-0073] for example discloses relevant subject-matter. More specifically, Grothem in at least fig. 2, fig. 11, [0004] for example discloses a disposable pathogen 99containment device/PIPS. See at least Grothem [0004] “disposable, isolating intubation device is provided, the device comprising: a flexible, spherical compartment inflatable from a collapsible, folded state, the flexible, spherical compartment being substantially transparent and having a closed end and an open end distal from the closed end defining an inside volume for receiving a head, shoulders and a portion of a torso of a patient”)
wherein the suction structure comprises a pathogen filter (Grothem in at least fig. 11-13, [0065] for example discloses wherein the suction structure 122 comprises a pathogen filter 123. See at least Grothem [0065] “filter 123 is configured to filter particles … exit port 122 is a one way air configured to provide a desired air flow throughput and low back pressure within sphere 100, 200…Exit port 122 can be constructed of plastic, …exit port 122 is a check valve or other valve with similar function… filter 123 comprises activated charcoal/carbon or other chemical substances capable of trapping or neutralizing viral particles and other contagious materials”).
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 suction structure of the disposable pathogen containment device of Kano, as modified with Lanier, by further including a pathogen filter in the suction structure as disclosed in Grothem. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of trapping or neutralizing viral particles and other contagious materials (Grothem, [0065]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and/or the claims. US 20220192780, US 20110301459, US 20020045796, US 20090216069, US 20160074268, US 20080020695, US 6461290, US 20200246208, US 20210307985, US 20220001216, US 20160136024, US 20210322244, US 20220008275, US 6321764, US 5950625, US 5316541, US 20210330412, US 20220110711 and US 20210330535 for disclosing patient enclosure devices with inflatable components for isolating pathogenic sources similar to that claimed and/or disclosed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA REDDY whose telephone number is (571)270-5151. The examiner can normally be reached on M-Thu 10-4 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES A MARMOR II can be reached on (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNITA REDDY/Primary Examiner, Art Unit 3791