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 Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9, 16-17, 19, 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Purdy et al. (US 2018/0140821).
Regarding claim 1, Purdy discloses
A medical device (400, fig. 4 and pars. 0044-0046) comprising:
an elbow (elbow of 400, see annotated fig. 4 below) including a first end (first/left end of 400, see annotated fig. 4 below), a second end (second/bottom end of 400, see annotated fig. 4 below) opposite the first end (see annotated fig. 4 below), and a bend (see fig. 4 for bend of 400) between the first end and the second end (see fig. 4);
a first low-flow medical fluid fitting (402) coupled to the first end of the elbow (first/left end of 400) and configured to be coupled to and seal with a complimentary second low-flow medical fluid fitting at a proximal end of a pneumocavity needle (Examiner notes: the limitation “configured to be coupled to and seal with a complimentary second low-flow medical fluid fitting at a proximal end of a pneumocavity needle” is interpreted as functional limitation, and the limitations “a complimentary second low-flow medical fluid fitting” and “a pneumocavity needle” are not positively recited in claim 1. See fig. 4 and pars. 0044-0046 for 402 capable of being coupled to a medical tool such as a pneumocavity needle); and
a first high-flow medical fluid fitting (404) coupled to the second end of the elbow (second/bottom end of 400) and configured to be coupled to and seal with a complimentary second high-flow medical fluid fitting of a high-flow medical fluid line (Examiner notes: the limitation “configured to be coupled to and seal with a complimentary second high-flow medical fluid fitting of a high-flow medical fluid line” is interpreted as functional limitation, and the limitations “a complimentary second high-flow medical fluid fitting” and “a high-flow medical fluid line” are not positively recited in claim 1. See fig. 4 and pars. 0044-0046 and also par. 0019 for 404 capable of being coupled to a medical tool such as a high-flow medical fluid line).
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Regarding claim 2, Purdy discloses
The medical device of claim 1, wherein:
the first low-flow medical fluid fitting and the first complimentary low-flow medical fluid fitting are each Luer-standard fittings (see par. 0019 for 402 and 404 being luer connectors to couple to the luer connectors of the medical tools/devices. Examiner notes: the limitation “the first complimentary low-flow medical fluid fitting” is not positively recited in claim 2).
Regarding claim 3, Purdy discloses
The medical device of claim 1, wherein:
the first high-flow medical fluid fitting and the first complimentary high-flow medical fluid fitting are each Luer-standard fittings (see par. 0019 for 402 and 404 being luer connectors to couple to the luer connectors of the medical tools/devices. Examiner notes: the limitation “the first complimentary high-flow medical fluid fitting” is not positively recited in claim 3).
Regarding claim 4, Purdy discloses
The medical device of claim 1, wherein:
the first low-flow medical fluid fitting, the first complimentary low-flow medical fluid fitting, the first high-flow medical fluid fitting, and the first complimentary high-flow medical fluid fitting are each Luer-standard fittings (see par. 0019 for 402 and 404 being luer connectors to couple to the luer connectors of the medical tools/devices. Examiner notes: the limitations “the first complimentary low-flow medical fluid fitting” and “the first complimentary high-flow medical fluid fitting” are not positively recited in claim 4).
Regarding claim 5, Purdy discloses
The medical device of claim 1, wherein:
the first low-flow medical fluid fitting is a male fitting, and the first complimentary low-flow medical fluid fitting is a female fitting (see par. 0019 for 402 and 404 being luer connectors to couple to the luer connectors of the medical tools/devices wherein 402 being a male luer. Examiner notes: the limitation “the first complimentary low-flow medical fluid fitting” is not positively recited in claim 5).
Regarding claim 6, Purdy discloses
The medical device of claim 1, wherein:
the first high-flow medical fluid fitting is a female fitting, and the first complimentary high-flow medical fluid fitting is a male fitting (see par. 0019 for 402 and 404 being luer connectors to couple to the luer connectors of the medical tools/devices wherein 404 being a female luer. Examiner notes: the limitation “the first complimentary high-flow medical fluid fitting” is not positively recited in claim 6).
Regarding claim 7, Purdy discloses
The medical device of claim 1, wherein:
the pneumocavity needle is a Veress needle (Examiner notes: the limitation “the pneumocavity needle” is not positively recited in claim 7).
Regarding claim 8, Purdy discloses
The medical device of claim 1, wherein:
the medical fluid line is an insufflation gas line (Examiner notes: the limitation “the medical fluid line” is not positively recited in claim 8).
Regarding claim 9, Purdy discloses
The medical device of claim 1, wherein: the bend of the elbow is at least 90 degrees relative to a central axis of the first low-flow medical fluid fitting (see fig. 4).
Regarding claim 16, Purdy discloses
The medical device of claim 1, wherein: the first high-flow medical fluid fitting (404, fig. 4) includes a first coupling portion (404) configured to engage and lock onto a second coupling portion of a locking collar rotatably connected to the complimentary second high-flow medical fluid fitting of the high-flow medical fluid line (Examiner notes: the limitation “configured to engage and lock onto a second coupling portion of a locking collar rotatably connected to the complimentary second high-flow medical fluid fitting of the high-flow medical fluid line” is interpreted as functional limitation, and the limitations “a second coupling portion”, “a locking collar”, “the complimentary second high-flow medical fluid fitting”, and “the high-flow medical fluid line” are not positively recited in claim 16).
Regarding claims 17 and 19, Purdy discloses
The medical device of claim 1, wherein: the first high-flow medical fluid fitting (404, fig. 4) includes a third Luer taper seal surface (surface of the fluid passageway of 404, see fig. 4. See fig. 4 for the surface being tapered) configured to engage and seal with a fourth Luer taper seal surface of the complimentary second high-flow medical fluid fitting of the high-flow medical fluid line (Examiner notes: the limitation “configured to engage and seal with a fourth Luer taper seal surface of the complimentary second high-flow medical fluid fitting of the high-flow medical fluid line” is interpreted as functional limitation, and the limitations “a fourth Luer taper seal surface”, “the complimentary second high-flow medical fluid fitting”, and “the high-flow medical fluid line” are not positively recited in claim 17 or claim 19).
Regarding claim 21, Purdy discloses
A medical device (400, fig. 4 and pars. 0044-0046) comprising:
a first low-flow Luer-standard fitting (402) configured to be coupled to and seal with a complimentary low-flow Luer-standard fitting at a proximal end of a needle configured to convey insufflation fluid therethrough (Examiner notes: the limitation “configured to be coupled to and seal with a complimentary low-flow Luer-standard fitting at a proximal end of a needle configured to convey insufflation fluid therethrough” is interpreted as functional limitation, and the limitations “a complimentary low-flow Luer-standard fitting”, and “a needle” are not positively recited in claim 21. See fig. 4 and pars. 0044-0046 for 402 capable of being coupled to a medical tool such as a needle);
an elbow (elbow of 400, see annotated fig. 4 below) coupled to the first low-flow Luer-standard fitting (402) and including an elbow angle (see fig. 4) that is at least approximately 90 degrees relative to a central axis of the first low-flow Luer-standard fitting (402, see fig. 4); and
a first high-flow Luer-standard fitting (404) coupled to the elbow (elbow of 400) and configured to be coupled to and seal with a complimentary high-flow Luer-standard fitting of a high-flow insufflation line (Examiner notes: the limitation “configured to be coupled to and seal with a complimentary high-flow Luer-standard fitting of a high-flow insufflation line” is interpreted as functional limitation, and the limitations “a complimentary high-flow Luer-standard fitting” and “a high-flow insufflation line” are not positively recited in claim 21).
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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.
Claim(s) 10-12, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Purdy et al. (US 2018/0140821) in view of Mills et al. (US 2020/0114139).
Regarding claim 10, Purdy discloses the medical device of claim 1, as set forth above, except for wherein: the medical device further comprises a first locking collar rotatably coupled to the first low-flow medical fluid fitting.
However, Mills teaches a medical device (200) provided with a medical fluid fitting (201, fig. 9 and par. 0069), and the medical device (200) further comprises a first locking collar rotatably coupled to the medical fluid fitting (adaptor 1, figs. pars. 0069-0073 and 0100-0102).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify Purdy by adding a locking collar/adapter to Purdy fist low-flow medical fluid fitting, as taught by Mills, for the purpose of allowing a reliable connection of the first low-flow medical fluid fitting onto a distal tip of a drug delivery device (par. 0102 of Mills).
Regarding claim 11, Purdy in view of Mills discloses the medical device of claim 10,
Purdy further discloses a male coupling portion of the first low-flow medical fluid fitting (see par. 0019) at the proximal end of the pneumocavity needle (Examiner notes: “the pneumocavity needle” is not positively recited in claim 11).
Mills further teaches wherein: the first locking collar (1, fig. 9 and par. 0069) includes a female coupling portion (14) configured to engage and lock onto a male coupling portion (201) of the first low-flow medical fluid fitting (200).
Regarding claim 12, Purdy in view of Mills discloses the medical device of claim 10,
Mill further teaches wherein: the female coupling portion (14) includes Luer-type threads (see fig. 9 and pars. 0001, 0007, and 0074).
Regarding claim 15, Purdy in view of Mills discloses the medical device of claim 10,
Mill further teaches wherein: an end of the locking collar (1, fig. 9 and par. 0069) is configured to engage a portion of a high-flow Luer fitting to prevent the first low-flow medical fluid fitting from engaging and locking onto the high-flow Luer fitting (Examiner notes: the limitation “configured to engage a portion of a high-flow Luer fitting to prevent the first low-flow medical fluid fitting from engaging and locking onto the high-flow Luer fitting” is interpreted as functional limitation and the limitation “a high-flow Luer fitting” is not positively recited in claim 15).
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Purdy et al. (US 2018/0140821) in view of Schuessler (US 2016/0175201).
Regarding claim 13, Purdy discloses the medical device of claim 1, as set forth above, except for wherein: the medical device further comprises a tether including a first end and a second end opposite the first end; the first end of the tether is coupled to the first low-flow medical fluid fitting; and the second end of the tether is configured to be coupled to the high-flow medical fluid line.
However, Schuessler teaches a tether (32, fig. 1 and par. 0034) including a first end and a second end opposite the first end (see fig. 1); the first end of the tether is coupled to an element (see fig. 1) and the second end of the tether is configured to be coupled to another element (see fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify Purdy by add a tether, as taught by Schuessler, for the purpose of providing further attachment/securement between the medical device and other device (par. 0034 of Schuessler).
Regarding claim 14, Purdy in view of Schuessler discloses the medical device of claim 13,
Schuessler further teaches wherein: the first end of the tether is rotatably coupled to the first low-flow medical fluid fitting (see figs. 1, 4A-4C, and pars. 0034, 0037, 0045-0049 for the end coupled to element 30) and the second end is configured to be rotatably and slidingly coupled to the high-flow medical fluid line (see figs. 1, 4A-4C, and pars. 0034, 0037, 0045-0049 for the end coupled to element 26).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Purdy et al. (US 2018/0140821) in view of Real et al. (US 2016/0067391).
Regarding claim 22, Purdy discloses
A method (fig. 4 and pars. 0044-0046) comprising:
connecting a high-flow medical fluid line (medical tools and devices in par. 0019) to an adaptor (400, fig. 4), the adaptor (400) including:
an elbow (elbow of 400, see annotated fig. 4 above) including a first end (first/left end of 400, see annotated fig. 4 below), a second end (second/bottom end of 400, see annotated fig. 4 below) opposite the first end (see annotated fig. 4 below), and a bend (see fig. 4 for bend of 400) between the first end and the second end (see fig. 4);
a first low-flow medical fluid fitting (402) coupled to the first end of the elbow (first/left end of 400); and
a first high-flow medical fluid fitting (404) coupled to the second end of the elbow (second/bottom end of 400) and coupled to and sealed with a complimentary second high-flow medical fluid fitting of the high-flow medical fluid line (fitting of medical tools/devices in par. 0019); and
connecting the first low-flow medical fluid fitting (402) of the adaptor (400) to a proximal end of a medical tool/device (see par. 0019).
Purdy is silent about one of the medical tools/devices attaching to the adaptor being pneumocavity needle.
However, Real teaches a pneumocavity needle (10, fig. 1 and par. 0148) with a connector (7, fig. 5) configured to couple to another connector of a medical device (par. 0107).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the connecting step of Purdy method such that Purdy adaptor is connected to a proximal end of a pneumocavity needle, as taught by Real, for the purpose of allowing the system to penetrates the skin surface and relevant tissue layers to reach fluid and/or gases that need to be removed from the body (abstract of Real).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG T ULSH whose telephone number is (571)272-9894. The examiner can normally be reached Monday-Friday 9am-6pm.
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/DUNG T ULSH/Examiner, Art Unit 3783