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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the additional first ports, second ports, output ports, first tubes, second tubes must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, line 7 recites “at least one first tube in fluid communication with the at least one first port”, however it is unclear if in the scenario that there are more than one first tubes and more than one first ports, will each first tube be in fluid communication with a respective first port? Or will each first tube be in fluid communication with every first port?
Claim 1, line 8 recites “at least one second tube in fluid communication with the at least one second port”, however it is unclear if in the scenario that there are more than one second tubes and more than one second ports, will each second tube be in fluid communication with a respective second port? Or will each second tube be in fluid communication with every second port?
Claim 1, line 16 recites “the first tube”, however the claims never previously recite “a first tube” therefore the language is consistent. It is also unclear in the scenario that there are more than one first tubes, which one of the first tubes is line 16 is referring to.
Claim 1, line 17 recites “the second tube”, however the claims never previously recite “a second tube” therefore the language is consistent. It is also unclear in the scenario that there are more than one second tubes, which one of the second tubes is line 17 is referring to.
Claim 15 is rejected for similar reasons above.
Dependent claims are rejected by virtue of their dependency on the independent claims.
Allowable Subject Matter
Claims 1-21 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, the closest prior art of record is 20080072970 A1 to Gasser et al. Gasser teaches a foot-actuated device (Figs. 10A-11C) for allowing fluid flow from a fluid source (16), comprising: at least one first port (98c) configured to connect to a first fluid source (Paragraph [0049]); at least one output port (98d) configured to connect to a medical device configured to provide fluid flow from at least one of the plurality of different sources to a patient (Paragraph [0049]); at least one first tube (96) in fluid communication with the at least one first port (Paragraph [0045]); a pedal (94) configured to be pressed and change a configuration of the foot-actuated device (Paragraph [0047]); and a second occluder (100) configured to compress the at least one first tube (Paragraph [0045]). Gasser is silent to at least one second port configured to connect to a second fluid source, at least one second tube in fluid communication with the at least one second port; a tube connector in fluid communication with the at least one first tube, the at least one second tube, and the at least one output port; a first occluder configured to compress the at least one second tube; wherein, when the pedal is not pressed, the foot-actuated device is in a first configuration wherein the second occluder is not compressing the first tube and the first occluder is compressing the second tube, allowing a first fluid to flow from the first fluid source to the medical device and blocking a flow of a second fluid from the second fluid source to the medical device and, wherein, when the pedal is pressed, the foot-actuated device is in a second configuration wherein the second occluder is compressing the first tube and the first occluder is not compressing the second tube, allowing the flow of the second fluid from the second fluid source to the medical device and blocking the flow of the first fluid from the first fluid source to the medical device in combination with the rest of the limitations of claim 1.
Regarding claim 15, the closest prior art of record is 20080072970 A1 to Gasser et al. Gasser teaches a method for operating a foot-actuated device (Figs. 10A-11C) for allowing fluid flow from a fluid source (16), wherein the foot actuated device comprises: at least one first port (98c) configured to connect to a first fluid source (Paragraph [0049]); at least one output port (98d) configured to connect to a medical device configured to provide fluid flow from at least one of the plurality of different sources to a patient (Paragraph [0049]); at least one first tube (96) in fluid communication with the at least one first port (Paragraph [0045]); a pedal (94) configured to be pressed and change a configuration of the foot-actuated device from a first configuration to a second configuration (Paragraph [0047]); and a second occluder (100) configured to compress the at least one first tube (Paragraph [0045]). Gasser is silent to at least one second port configured to connect to a second fluid source; at least one second tube in fluid communication with the at least one second port; a tube connector in fluid communication with the at least one first tube, the at least one second tube, and the at least one output port; a first occluder configured to compress the at least one second tube; wherein, in the first configuration, the second occluder is not compressing the at least first tube and the first occluder is compressing the at least one second tube and, in the second configuration, the second occluder is compressing the at least one first tube and the first occluder is not compressing the at least one second tube, the method comprising: operating the medical device, when the clamp of the foot-actuated device is in the first configuration, to provide a first fluid from the first fluid source to the medical device; pressing the pedal to change the foot-actuated device from the first configuration to the second configuration, causing the second occluder to compress the at least one first tube and the first occluder to release from the at least one second tube, to provide a second fluid from the second fluid source to the medical device combination with the rest of the limitations of claim 15.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Page (US 2542833 A) - Bolt 82 also extends through the shoe 80 which fits over the pedal 19 and block 81, serving as a pivot for the shoe. A spring 84 is located within shoe 80, abutting the top surface of pedal 19 at one end and a pin 85 extending through shoe 80 at its other end, maintaining an upward pressure upon shoe 80. Tubing 12 for supplying air to the air nozzle 10 is run into shoe 80 between adapting block III and a second pin 86 extending through shoe 80; around pin 86 and out again to the air pressure supply source, in a manner similar to that described in connection with the preferred form of my invention described above. Upward pressure of spring 84 upon shoe 80 causes pin 86 normally to compress the tubing 1 2 (see Figure 6) to cut off the supply of air. Downward pressure of the operator's foot upon the shoe 80 releases this pressure upon the tubing 12, allowing free flow of air through the tubing d12.
Bried (US 2874696 A) - The pedal is urged upward as by a spring 47 to normally hold the hose pinching roller 42 retracted from the discharge hose, as shown in the drawing. The arrangement being-such so that when the pedal is pushed down by the foot of a nurse it will- rock the roller to the left and pinch the hose 4' over against the overhanging lip 40' of the bracket and close the hose, and when in this position the forward end of the pedal will lock down in a notch 48 in the lower part of the bar 39 to hold the discharge hose closed until released by the 00 foot of the nurse being moved to the right to strike the upwardly turned end 45' of the pedal to thus pull the pedal out of engagement with the notch 48 and at which the discharge hose will instantly be opened to drop the standing leg of water in the hose into the bucket and to thereby create the suctional pull on the colon contents as described, of course the valve 35 being at the same time turned to position B.
Strohmaier et al. (US 4359317 A) - In an embodiment pursuant to FIGS. 7 through 9 the clamping valve which forms the on-off valve 15 possesses a clamping lever 57 which acts on the dispensing conduit 4 constituted of elastic material in the sense of effecting the closure thereof. Hereby, the clamping lever 57 is formed by the depressing lever of a foot actuator 58 and is pivotable about the axis C in the sense of the arrows ascertainable in FIG. 1. Furthermore, the clamping lever 57 is constructed as a two-arm lever wherein the one arm forms a depressing arm 59 and the other arms forms a clamping arm 60. The clamping arm 60 extends above the dispensing conduit 4 which is arranged on a clamping abutment 61, whereby the depressing arm 59 stands under the effect of a spring 62 which moves the clamping arm 60 into the clamping position.
Warrin et al. (US 4492574 A) - Solenoid valve 140 is connected to contacts within foot-actuated switch 112 to be energized when the switch is depressed to its second or intermediate position. At the same time, power is supplied to the coil 32 through the conductors 20, 22. Thus, when the switch 112 is in its first or unactuated position, solenoid valves 140 and 136 are de-energized so that water will not flow through tube 18 and pinch valve 132 will prevent the flow of irrigation fluid through line 108
Wright et al. (US 4702733 A) - The foot control of the present invention rests upon the floor during the operation. When the foot control is released, pinch valves completely restrict the irrigation and aspiration of the handpiece system. When the physician desires to irrigate the operative site without its concurrent aspiration, the physician partially depresses the foot pedal. This causes the pinch valve to unclamp the irrigation tubing of the system, thus allowing irrigation to occur. When the physician requires both irrigation and aspiration by the handpiece system, he depresses the foot pedal further, thus unclamping the aspiration tubing and providing for the concurrent irrigation and aspiration of the operative site. If the physician requires still more auction or aspiration, he depresses the foot pedal still further to engage a vacuum drawing syringe, connected to the aspiration line.
Mills et al. (US 5700147 A) - To use, pressure infuser bag 16 is pumped up to apply pressure to IV bag 14 and increase the maximum flow rate of the sterile irrigating solution. Pressure infuser bags are similar to blood pressure cuffs and are wrapped around IV bags to pressurize them. At rest, normally-closed pinch valve 12 pinches closed IV tubing 18 to block the flow of sterile irrigating solution to line adapter 10. When foot pedal 26 is pressed, it signals dental unit 20 to supply pressurized air to power dental handpiece 22. Air hose 28 is slaved off dental unit 20 so that, when foot pedal 26 is pressed, pressurized air is also supplied to pinch valve 12. As is shown by an inspection of FIG. 5, pressurized air supplied through inlet 66 pushes piston 72 against spring 74 and releases the pinch on IV tubing 18 to allow the flow of sterile irrigating solution to line adapter 10. Sterile irrigating solution flowing through line adapter 10 flows into handpiece 22 to irrigate the dental site then being worked on.
West et al. (US 6171072 B1) - As further shown in FIG. 2, the vacuum conduit clamp mechanism 42 is operably connected to pressure air conduit 88 by way of a branch conduit 88a having a solenoid actuated valve 90 interposed therein. Valve 90 is controlled by a manually actuatable switch 92, which is preferably a foot operated switch. The operator of the apparatus 10 may actuate switch 92 to effect imposing pressure air on tube clamp mechanism 42, which includes a spring return pressure fluid cylinder and piston type actuator 43. Actuator 43 includes a piston rod 43a which is pressure air biased to pinch the flexible conduit 40 against a suitable anvil 43b to provide rapid, controlled cutoff of vacuum in conduit 40 between a device, such as a cannula 40c, connected to the conduit and the canister 38.
Gasser et al. (US 20090216189 A1) - As shown in FIGS. 10A to 10B, 11A to 11C, the third preferred embodiment of the invention includes truncate tube 96, a lever 100 that functions to deform and close the truncate tube 96, and a spring 106 that functions to rotate and apply force to the lever 100 to close truncate tube 96 that are assembled as the fluid regulator 2, and a foot pedal 16 that functions to rotate the lever 100 away from the truncate tube 96, opening the truncate tube 96 and allowing flow. The third embodiment also includes tube mounts 98a and 98b as the OUT connection 13 and the IN connection 17, respectively.
Patterson (US 9534697 B2) - To use the foot operated shutoff device 10, a user would depress the foot pedal 16 to disengage the teeth 24, 26, allowing the upper member 14 to be pivoted open, away from the lower member 12. The user can then place a hose between the upper member 14 and the lower member 12. The spring 18 will resiliently urge the teeth 24 to engage with the teeth 26 as the upper member 14 is closed onto the lower member 12. The user can step on the raised portion 28 to effectively restrict the flow through the hose to a desired amount. If the user steps too hard on the raised portion 28, restricting the flow through the hose greater than desired, the user can step on the top member 16A of the foot pedal 16 to disengage the teeth 24, 26 and allow the upper member 14 to separate away from the lower member 12 (typically by the force of the hose expanding to permit flow therethrough). The user can then stop on the raised portion 28 of the upper member 14 to make a second attempt at adjusting the flow through the hose to a desired amount.
Look et al. (US 20180207397 A1) - A pinch valve 1610 is operable by a foot pedal (not shown, but similar to the foot pedal 2021 of the system for aspirating thrombus 2000 in FIG. 64). The foot pedal 2021 may communicate with the pinch valve 1610 via a wired connection through the pump 1602 or may communicate with the pinch valve 1610 wirelessly. The pinch valve 1610 extends from the pump 1602 and includes a pinch valve housing 1609 having an opening 1611 which is configured to hold a portion of the vacuum line 1606. Internal to the housing 1609 are components similar to the actuator head 2033, actuator 2031, and anvil 2035 of the pinch valve 2023 of FIG. 64, which are configured to compress an external portion of the tubing of the vacuum line 1606 when the foot pedal 2021 is depressed. The foot pedal 2021 may then be depressed a second time to release the compression on (decompress) the vacuum line 1606. The compression of the vacuum line 1606 may be configured to be a complete occlusion of the tubing, thus isolating the vacuum source 22 from the pressure sensor 1608. An input port 1612 to the pressure sensor 1608 may include a septum 1614 for adding or removing fluid within the vacuum line 1606 (e.g., via a hypodermic needle), or alternatively may include a luer connector and valve. The pressure sensor 1608 is thus configured to reside in a non-sterile field, and is capable of detecting the presence of vacuum (negative pressure) or the lack of vacuum when the foot pedal is depressed by the foot of a user. For example, with the pinch valve 1610 closed via a signal (or resultant mechanical action) from foot pressure on the foot pedal, and thus no vacuum applied within the vacuum line 1606, fluid (such as saline) may be injected (proximal to distal) through the aspiration lumen of an aspiration catheter connected to the vacuum line 1606, and into the blood vessel of a patient.
Clark et al. (US 20180292024 A1) - Attenuation and interruption of suction is accomplished by pinching the suction tubing between three vertically oriented wedges within the pedal. The tubing is first placed firmly within a v-shaped ribbed retaining clip and then runs between the lower base plate and upper modulating plate of the pedal. The ribbed retaining clip accommodates various sizes of tubing. At the center of the base plate, the tubing rests on a center tubing compression wedge attached to an elliptical linear spring that is able to be compressed downwards with the depression of the pedal. The other two tubing compression wedges protrude downwards from the modulating upper pedal plate on both sides the elliptical spring and compress the tubing from above when the pedal is compressed by the operator. Thus, there are a total of three pinch points on the tubing. If the operator partially compresses the pedal, suction can be modulated to varying degrees. A number of resistance systems have been incorporated into the pedal to allow for finer control of pedal depression and tube compression by the operator
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HONG-VAN N TRINH whose telephone number is (571)272-8039. The examiner can normally be reached on Monday-Friday 9:15-5:45 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached on (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HONG-VAN N TRINH/Examiner, Art Unit 3783
/James D Ponton/Primary Examiner, Art Unit 3783