DETAILED ACTION
This Office Action is in response to the amendment, filed on March 4, 2026. Primary Examiner acknowledges Claims 1-4, 6-11, and 13-21 are pending in this application, with Claims 1, 3, 4, 6, 7, 9-11, and 13-16 having been currently amended, Claims 18-21 having been newly added, and Claims 5 and 12 having been cancelled.
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 .
Election/Restrictions
Newly submitted claims 18-21 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Specifically, the former claims, Claims 1-4, 6-11, and 13-17, are directed to an artificial ventilating system and method having an adjustable tubular body; whilst, the newly submitted claims, Claims 18-21 are directed to an artificial ventilating system having a prescribed fixed length tubular body.
Despite the similarities in structure to include “a source of ventilation gas”, “a supply tube”, “a mask”, and “a tubular body”, the variability of the length of the tubular body presents separate inventions and fields of search, as the subject matter of dependent claims, Claims 6-10) to the former independent claim, Claim 1, recites various methods of achieving an adjustable tubular body; whilst, the construction of a fixed orientation are recited in newly submitted claim, Claim 18 and its dependents, relies on a fixed length tubular body orientation whereby the affixing of the fixed orientation may stem from a one piece construction (Claim 19) or alternatively from two pieces that are interconnected in fixed relationship to each other (Claim 11). Consequently, the inventions of the former claims and the newly submitted claims are directed towards a related inventions which are distinct.
The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions of the former claims and the newly submitted claims have a materially different design and function, whereby the former claims permit a dynamic adjustment of the length of the tubular body over several degrees of relativity; whilst, the newly submitted claims permit only static adjustment of the length of the tubular body. The resultant effect of the construction of the former claims permits more functionality to meet a larger demographic of patients to anatomically position the tubular body in the cavity for acceptance of the end portion into the mouth of the patient; whilst, the construction of the newly submitted claims has a narrower demographic of patients which may be served resulting in the positioning of the end portion into the mouth of the patient. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
Different Classification: Because these inventions are independent or distinct for the reasons given above and there would be a serious burden on the examiner if restriction is not required because the inventions have acquired a separate status in the art in view of their different classification, restriction for examination purposes as indicated is proper.
Divergent Subject Matter: Because these inventions are independent or distinct for the reasons given above and there would be a serious burden on the examiner if restriction is not required because the inventions have acquired a separate status in the art due to their recognized divergent subject matter, restriction for examination purposes as indicated is proper.
Different Search: Because these inventions are independent or distinct for the reasons given above and there would be a serious burden on the examiner if restriction is not required because the inventions require a different field of search (see MPEP § 808.02), restriction for examination purposes as indicated is proper.
Although Primary Examiner has located the inventions of the former claims and the newly submitted claims in a single disclosure - Nelson et al. (2005/0028811), whereby Figure 1 shows the construction of the former adjustable tubular body and Figure 2 shows the construction of a prescribed fixed length tubular body – the presence of Nelson does not preclude, prevent, or hinder the application of a restriction requirement under election by original presentation. Nevertheless, to facilitate Applicant’s understanding of the claimed invention(s), Primary Examiner has provided a showing of the subject matter of the withdrawn claims in relation to Nelson to advance prosecution of this application and identify this crowded field of endeavor.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 18-21 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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 14-17, 19, and 20 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.
Specifically, Claim 14, Line 3 recites the limitation “the free end”; however, this limitation lacks antecedent basis in the claims, as Applicant has deleted the introduction of “a free end” from parent claim, Claim 13. Consequently, the breadth and scope of the term “free end” is unclear. For purposes of this rejection Primary Examiner will presume the term “the free end” is coextensive with the former recitation of the “end portion of the tubular body”. Appropriate correction and clarification is required.
Specifically, Claim 15 recites the configuration whereby “the end portion of the tubular body [is removed] from the cavity … so that the mask acts to convey ventilation gas for oronasal delivery to the patient”; however, this configuration does not appear to be possible. The parentage of Claim 15 includes the limitations of Claim 1, which recites the pathway of ventilation gas from the “source of ventilation gas” to the “supply tube”, to the “oral delivery conduit in the form of a tubular body”, wherein the “first end [is in fluid communication with … the supply tube” and the “second end … [acts] to convey the ventilation gas from the supply tube and towards the patient’s mouth”, and a “mask” is positioned as an intermediary of the tubular body such that the “first end … extends … into the cavity”, whereby the “cavity” is formed “around a mouth and nose of the patient”. In this configuration, the path of fluid flow appears to require the “oral delivery conduit in the form of the tubular body” to introduce the “ventilation gas” into to the patient. Yet, Claim 15 explicitly recites “removing the end portion of the tubular body from the cavity and maintaining the mask on the patient’s face so that the mask acts to convey the ventilation gas for oronasal delivery to the patient”. It is unclear, how the mask positioned on the patient in the absence/removal of the tubular body can still enable the conveyance of ventilation gas to the patient. Once the tubular body is removed from the cavity the pathway of flow of the ventilation gas to the patient is broken and no air from the ventilation gas is permitted to enter the cavity to be delivered to the patient’s mouth and/or nose. Simply put, this situation is matter of relative degree, whereby the movement of the end portion retracted from readily being gripped by the mouth of the patient appears to meet the limitations of the claims, whilst still permitting the passage of ventilation gas into the cavity; yet, the removal of the end portion from the cavity would hinder, preclude, and prevent the passage of ventilation gas to the patient. Dependent claims, Claims 16 and 17, incorporate the indefinite subject matter from which they depend. Appropriate correction and clarification is required.
Specifically, Claim 19, Line 3 recites “the end portion”; however, the breadth and scope of this limitation is unclear. Primary Examiner is unsure if the term “the end portion” is meant to refer back to the “inner end portion” of Claim 18, Line 17, or alternatively, to some other limitation – perhaps “upstream end”, “downstream end”, “first end”, “second end”, etc. Dependent claim, Claim 20, incorporates the indefinite subject matter from which it depends. Appropriate correction and clarification is required.
Claim Rejections - 35 USC § 102
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.
Claims 1-4, and 13-21 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Nelson et al. (2005/0028811).
As to Claim 1, Nelson discloses a system (Figure 1, “Referring to FIGS. 1 and 1A, a multitask medical treatment respiratory apparatus 10 may include a mask 12 defining a chamber 14 that may have a first port 16 for receipt of a first opening 32 of a reservoir bag 30.” Para 0020, whereby “Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. … When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth.” Para 0021) for artificially ventilating a patient, comprising: a source of ventilation gas (“an oxygen or other gas source” via 92, “The stem valve 54 may serve to open and close the nebulizer passageway 48 depending on whether or not a nebulizer 90 may be inserted therein. When a nebulizer 90 may be inserted opening stem valve 54, an oxygen or other gas source may be attached to nebulizer input 92 to cause the flow of nebulized medicant into medicant chamber 44.” Para 0022; also see: “There may be a venturi outlet tube 121 connected to the venturi inlet tube 120 for connection of a pressure regulator 190 to regulate flow of a source gas, for example, oxygen introduced into venturi inlet tube 120, that may be input to the nebulizer 90 at the nebulizer input 92. Connecting tubing 204 may be used to connect a regulator inlet port 192 to the venturi outlet tube 121 and to connect a regulator outlet port 194 to the nebulizer input 92.” Para 0032) for delivery to the patient (as shown in Figure 7, “FIG. 7 illustrates a perspective view of the multitask medical treatment respiratory apparatus worn by a patient according to an embodiment of the invention” Para 0015); a supply tube (90, “The stem valve 54 may serve to open and close the nebulizer passageway 48 depending on whether or not a nebulizer 90 may be inserted therein. When a nebulizer 90 may be inserted opening stem valve 54, an oxygen or other gas source may be attached to nebulizer input 92 to cause the flow of nebulized medicant into medicant chamber 44.” Para 0022) configured to convey the ventilation gas (“an oxygen or other gas source” via 92) and having an upstream end (92, “nebulizer input 92” Paras 0022 and 0032) in fluidic communication with the source of ventilation gas (“an oxygen or other gas source” via 92) to receive the ventilation gas (“an oxygen or other gas source” via 92) therefrom and a downstream end (defined by the insertion of 90 to abut 48, “The medicant device 40 may have a stem valve 54 with a spring 56 and a retainer tab 58 in the nebulizer passageway 48. The stem valve 54 may serve to open and close the nebulizer passageway 48 depending on whether or not a nebulizer 90 may be inserted therein.” Para 0022) configured to release the ventilation gas (“an oxygen or other gas source” via 92); a mask (12, “Referring to FIGS. 1 and 1A, a multitask medical treatment respiratory apparatus 10 may include a mask 12 defining a chamber 14 that may have a first port 16 for receipt of a first opening 32 of a reservoir bag 30.” Para 0020) comprising an oronasal cup (defined by the perimeter of 12 abutting the face of the patient, whereby “The mask 12 may have a pliant band 24 for shaping the mask 12 relative to a patients nose and an elastic strap 26 attached to retain the mask 12 on a patients head to cover the area around the mouth and nose.” Para 0020) configured to form a cavity around the mouth and nose of the patient wherein the oronasal cup (defined by the perimeter of 12 abutting the face of the patient) includes a rim (82 via 13, “An anti-infection filter 80 may cover the venting valves 22 and an anti-infection border filter 82 may be attached to the mask edge 13 to inhibit the spread of a patient's infectious substances in a patient's exhaled breath.” Para 0035) configured for sealing engagement with the patient’s face (a function of the ability of 82 to “to inhibit the spread of a patient's infectious substances in a patient's exhaled breath” Para 0035) and an inlet (18, “The mask 12 may have a second port 18 for receipt of a mouthpiece 42 of a medicant device 40.” Para 0020; also see: “The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62. Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38. … The medicant device 40 may also be removed and stored when not needed and the second port 18 closed with a cover 60, as illustrated in FIG. 2.” Para 0021) in the oronasal cup (defined by the perimeter of 12 abutting the face of the patient) operatively supported at the downstream end (defined by the insertion of 90 to abut 48) of the supply tube (90); and an oral delivery conduit (40, “The mask 12 may have a second port 18 for receipt of a mouthpiece 42 of a medicant device 40.” Para 0020; also see: “The medicant device 40 may have a mouthpiece 42 and medicant chamber 44 that may include a metered passageway 46 and a nebulizer passageway 48. There may be one or more gas openings 38 in medicant device 40 located to allow gas in chamber 14 to be inhaled by the patient during various types of breathing treatments. The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62. Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38. This may be accomplished without removing the mask 12 or interrupting applications of other gasses or treatments introduced through first port 16 that may be inhaled through the nose. When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth. The medicant device 40 may also be removed and stored when not needed and the second port 18 closed with a cover 60, as illustrated in FIG. 2. The medicant device 40 may have a stem valve 54 with a spring 56 and a retainer tab 58 in the nebulizer passageway 48.” Paras 0021 and 0022) in the form of a tubular body (a function of the rotating action through the “thread” capability Para 0021) configured to be received in the cavity (as shown in Figure 1) and defining a path for flow of the ventilation gas (“an oxygen or other gas source” via 92); wherein the tubular body (a function of the rotating action through the “thread” capability Para 0021) has a first end (44, “The medicant device 40 may have a mouthpiece 42 and medicant chamber 44 that may include a metered passageway 46 and a nebulizer passageway 48.” Para 0021) in fluidic communication with the downstream end (defined by the insertion of 90 to abut 48) of the supply tube (90) and wherein the tubular body (a function of the rotating action through the “thread” capability Para 0021) extends therefrom into the cavity (as shown in Figure 1) to a second end (42, “The mask 12 may have a second port 18 for receipt of a mouthpiece 42 of a medicant device 40. The medicant device 40 may have a mouthpiece 42 and medicant chamber 44 that may include a metered passageway 46 and a nebulizer passageway 48. There may be one or more gas openings 38 in medicant device 40 located to allow gas in chamber 14 to be inhaled by the patient during various types of breathing treatments. The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62. Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38.” Paras 0020 and 0021) of the tubular body (a function of the rotating action through the “thread” capability Para 0021) so as to convey the ventilation gas (“an oxygen or other gas source” via 92) from the supply tube (90) towards the patient’s mouth; wherein an end portion (50, “The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62.” Para 0021) of the tubular body (a function of the rotating action through the “thread” capability Para 0021) defining the second end (42) thereof is arranged for sealingly gripping by the lips (“With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38.” Para 0021; “A device for solving the problem of multitask treatment of a patient, including provision for direct application of medicant to the patients mouth and thereby to the lungs while the mask may still be retained on the patient for breathing, does not appear to have been solved.” Para 0003) of the patient for oral delivery of the ventilation gas (“an oxygen or other gas source” via 92), such that the mask (12) forms a secondary seal for containing the ventilation gas (“an oxygen or other gas source” via 92) relative to the face of the patient; and wherein the tubular body (a function of the rotating action through the “thread” capability Para 0021) has an adjustable length (“the device may be moved outwardly by pulling or rotating, in the case of a threaded device”, “Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. … When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth.” Para 0021) between the first (44) and the second (42) ends so as to be configurable between a retracted position in which the second end (42) is arranged closer to the inlet (18) of the mask (12) than to the rim (82) of the oronasal cup (defined by the perimeter of 12 abutting the face of the patient) and an extended position in which the second end (42) is arranged to be in proximal relation to the mouth of the patient so as to be closer to the rim (82) of the oronasal cup (defined by the perimeter of 12 abutting the face of the patient) than to the inlet (18).
As to Claim 2, Nelson discloses the end portion (50) of the tubular body (a function of the rotating action through the “thread” capability Para 0021) is cylindrical in shape. As shown in Figure 1, the end portion (50) is a flange extension from the tubular/cylindrical shape of the tubular body (a function of the rotating action through the “thread” capability Para 0021). Thus, it appears the shape dimensions would be similar.
As to Claim 3, Nelson discloses the tubular body (a function of the rotating action through the “thread” capability Para 0021) extends linearly (as seen in Figure 1) between the first (44) and second (42) ends thereof.
As to Claim 4, Nelson discloses the tubular body (a function of the rotating action through the “thread” capability Para 0021) comprises an outer section defining the first end (44) and an inner section defining the end portion (50) of the tubular body (a function of the rotating action through the “thread” capability Para 0021) and operatively interconnected to the outer section to provide a continuous path (see Figure 1) for flow of the ventilation gas (“an oxygen or other gas source” via 92), and wherein the outer section is connected fluidically in series between the supply tube (90) and the mask (12).
As to Claim 13, Nelson discloses a method for artificially ventilating a patient (see Figure 7) using the system (Figure 1, “Referring to FIGS. 1 and 1A, a multitask medical treatment respiratory apparatus 10 may include a mask 12 defining a chamber 14 that may have a first port 16 for receipt of a first opening 32 of a reservoir bag 30.” Para 0020, whereby “Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. … When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth.” Para 0021) for artificially ventilating a patient, comprising: a source of ventilation gas (“an oxygen or other gas source” via 92, “The stem valve 54 may serve to open and close the nebulizer passageway 48 depending on whether or not a nebulizer 90 may be inserted therein. When a nebulizer 90 may be inserted opening stem valve 54, an oxygen or other gas source may be attached to nebulizer input 92 to cause the flow of nebulized medicant into medicant chamber 44.” Para 0022; also see: “There may be a venturi outlet tube 121 connected to the venturi inlet tube 120 for connection of a pressure regulator 190 to regulate flow of a source gas, for example, oxygen introduced into venturi inlet tube 120, that may be input to the nebulizer 90 at the nebulizer input 92. Connecting tubing 204 may be used to connect a regulator inlet port 192 to the venturi outlet tube 121 and to connect a regulator outlet port 194 to the nebulizer input 92.” Para 0032) for delivery to the patient (as shown in Figure 7, “FIG. 7 illustrates a perspective view of the multitask medical treatment respiratory apparatus worn by a patient according to an embodiment of the invention” Para 0015); a supply tube (90, “The stem valve 54 may serve to open and close the nebulizer passageway 48 depending on whether or not a nebulizer 90 may be inserted therein. When a nebulizer 90 may be inserted opening stem valve 54, an oxygen or other gas source may be attached to nebulizer input 92 to cause the flow of nebulized medicant into medicant chamber 44.” Para 0022) configured to convey the ventilation gas (“an oxygen or other gas source” via 92) and having an upstream end (92, “nebulizer input 92” Paras 0022 and 0032) in fluidic communication with the source of ventilation gas (“an oxygen or other gas source” via 92) to receive the ventilation gas (“an oxygen or other gas source” via 92) therefrom and a downstream end (defined by the insertion of 90 to abut 48, “The medicant device 40 may have a stem valve 54 with a spring 56 and a retainer tab 58 in the nebulizer passageway 48. The stem valve 54 may serve to open and close the nebulizer passageway 48 depending on whether or not a nebulizer 90 may be inserted therein.” Para 0022) configured to release the ventilation gas (“an oxygen or other gas source” via 92); a mask (12, “Referring to FIGS. 1 and 1A, a multitask medical treatment respiratory apparatus 10 may include a mask 12 defining a chamber 14 that may have a first port 16 for receipt of a first opening 32 of a reservoir bag 30.” Para 0020) comprising an oronasal cup (defined by the perimeter of 12 abutting the face of the patient, whereby “The mask 12 may have a pliant band 24 for shaping the mask 12 relative to a patients nose and an elastic strap 26 attached to retain the mask 12 on a patients head to cover the area around the mouth and nose.” Para 0020) configured to form a cavity around the mouth and nose of the patient wherein the oronasal cup (defined by the perimeter of 12 abutting the face of the patient) includes a rim (82 via 13, “An anti-infection filter 80 may cover the venting valves 22 and an anti-infection border filter 82 may be attached to the mask edge 13 to inhibit the spread of a patient's infectious substances in a patient's exhaled breath.” Para 0035) configured for sealing engagement with the patient’s face (a function of the ability of 82 to “to inhibit the spread of a patient's infectious substances in a patient's exhaled breath” Para 0035) and an inlet (18, “The mask 12 may have a second port 18 for receipt of a mouthpiece 42 of a medicant device 40.” Para 0020; also see: “The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62. Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38. … The medicant device 40 may also be removed and stored when not needed and the second port 18 closed with a cover 60, as illustrated in FIG. 2.” Para 0021) in the oronasal cup (defined by the perimeter of 12 abutting the face of the patient) operatively supported at the downstream end (defined by the insertion of 90 to abut 48) of the supply tube (90); and an oral delivery conduit (40, “The mask 12 may have a second port 18 for receipt of a mouthpiece 42 of a medicant device 40.” Para 0020; also see: “The medicant device 40 may have a mouthpiece 42 and medicant chamber 44 that may include a metered passageway 46 and a nebulizer passageway 48. There may be one or more gas openings 38 in medicant device 40 located to allow gas in chamber 14 to be inhaled by the patient during various types of breathing treatments. The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62. Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38. This may be accomplished without removing the mask 12 or interrupting applications of other gasses or treatments introduced through first port 16 that may be inhaled through the nose. When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth. The medicant device 40 may also be removed and stored when not needed and the second port 18 closed with a cover 60, as illustrated in FIG. 2. The medicant device 40 may have a stem valve 54 with a spring 56 and a retainer tab 58 in the nebulizer passageway 48.” Paras 0021 and 0022) in the form of a tubular body (a function of the rotating action through the “thread” capability Para 0021) configured to be received in the cavity (as shown in Figure 1) and defining a path for flow of the ventilation gas (“an oxygen or other gas source” via 92); wherein the tubular body (a function of the rotating action through the “thread” capability Para 0021) has a first end (44, “The medicant device 40 may have a mouthpiece 42 and medicant chamber 44 that may include a metered passageway 46 and a nebulizer passageway 48.” Para 0021) in fluidic communication with the downstream end (defined by the insertion of 90 to abut 48) of the supply tube (90) and wherein the tubular body (a function of the rotating action through the “thread” capability Para 0021) extends therefrom into the cavity (as shown in Figure 1) to a second end (42, “The mask 12 may have a second port 18 for receipt of a mouthpiece 42 of a medicant device 40. The medicant device 40 may have a mouthpiece 42 and medicant chamber 44 that may include a metered passageway 46 and a nebulizer passageway 48. There may be one or more gas openings 38 in medicant device 40 located to allow gas in chamber 14 to be inhaled by the patient during various types of breathing treatments. The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62. Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38.” Paras 0020 and 0021) of the tubular body (a function of the rotating action through the “thread” capability Para 0021) so as to convey the ventilation gas (“an oxygen or other gas source” via 92) from the supply tube (90) towards the patient’s mouth; wherein an end portion (50, “The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62.” Para 0021) of the tubular body (a function of the rotating action through the “thread” capability Para 0021) defining the second end (42) thereof is arranged for sealingly gripping by the lips (“With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38.” Para 0021; “A device for solving the problem of multitask treatment of a patient, including provision for direct application of medicant to the patients mouth and thereby to the lungs while the mask may still be retained on the patient for breathing, does not appear to have been solved.” Para 0003) of the patient for oral delivery of the ventilation gas (“an oxygen or other gas source” via 92), such that the mask (12) forms a secondary seal for containing the ventilation gas (“an oxygen or other gas source” via 92) relative to the face of the patient; and wherein the tubular body (a function of the rotating action through the “thread” capability Para 0021) has an adjustable length (“the device may be moved outwardly by pulling or rotating, in the case of a threaded device”, “Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. … When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth.” Para 0021) between the first (44) and the second (42) ends so as to be configurable between a retracted position in which the second end (42) is arranged closer to the inlet (18) of the mask (12) than to the rim (82) of the oronasal cup (defined by the perimeter of 12 abutting the face of the patient) and an extended position in which the second end (42) is arranged to be in proximal relation to the mouth of the patient so as to be closer to the rim (82) of the oronasal cup (defined by the perimeter of 12 abutting the face of the patient) than to the inlet (18).
The method further includes the steps of locating the mask (12) on the patient’s face (best seen Figure 7); and locating the end portion (50) of the tubular body (a function of the rotating action through the “thread” capability Para 0021) in the cavity for gripping by lips (“With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38.” Para 0021; “A device for solving the problem of multitask treatment of a patient, including provision for direct application of medicant to the patients mouth and thereby to the lungs while the mask may still be retained on the patient for breathing, does not appear to have been solved.” Para 0003) of the patient for oral delivery of the ventilation gas (“an oxygen or other gas source” via 92).
As to Claim 14, Nelson discloses the method of locating the end portion (50) of the tubular body (a function of the rotating action through the “thread” capability Para 0021) in the cavity (best seen Figure 1) comprises extending the end portion (50) towards the mouth of the patient from the retracted position in which the end portion (50) is in an outwardly spaced relationship from the mouth of the patient such that the end portion (50) is unavailable for gripping by the lips (“With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38.” Para 0021; “A device for solving the problem of multitask treatment of a patient, including provision for direct application of medicant to the patients mouth and thereby to the lungs while the mask may still be retained on the patient for breathing, does not appear to have been solved.” Para 0003)of the patient.
There is no structure within Nelson that would preclude or prevent the ability of Nelson to perform the functionality as claimed. Rather, Nelson clearly states “When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth. The medicant device 40 may also be removed and stored when not needed and the second port 18 closed with a cover 60, as illustrated in FIG. 2.” (Para 0021). Thus, the claimed configuration of positioning the end portion (50) in a retracted position away from the mouth of the patient, if not fully removed, is a consideration when the supply tube (90) is not actively being used. Thus, Nelson meets the limitations of the claims.
As to Claim 15, Nelson discloses the method after locating the end portion (50) of the tubular body (a function of the rotating action through the “thread” capability Para 0021) in the cavity (best seen Figure 1), substantially removing the end portion (50) of the tubular body from the cavity and maintaining the mask (12) on the patient’s face so that the mask (12) acts to convey the ventilation gas (“an oxygen or other gas source” via 92) for oronasal cup (defined by the perimeter of 12 abutting the face of the patient) delivery to the patient.
There is no structure within Nelson that would preclude or prevent the ability of Nelson to perform the functionality as claimed. Rather, Nelson clearly states “When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth. The medicant device 40 may also be removed and stored when not needed and the second port 18 closed with a cover 60, as illustrated in FIG. 2.” (Para 0021). Thus, the claimed configuration of positioning the end portion (50) in a retracted position away from the mouth of the patient, if not fully removed, is a consideration when the supply tube (90) is not actively being used. Thus, Nelson meets the limitations of the claims.
As to Claim 16, Nelson discloses the method wherein substantially removing the end portion (50) of the tubular body (a function of the rotating action through the “thread” capability Para 0021) from the cavity comprises retracting the end portion (50) from the mouth of the patient from the extended portion in which the end portion (50) is at the mouth of the patient to be available for gripping by the lips (“With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38.” Para 0021; “A device for solving the problem of multitask treatment of a patient, including provision for direct application of medicant to the patients mouth and thereby to the lungs while the mask may still be retained on the patient for breathing, does not appear to have been solved.” Para 0003) of the patient.
There is no structure within Nelson that would preclude or prevent the ability of Nelson to perform the functionality as claimed. Rather, Nelson clearly states “When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth. The medicant device 40 may also be removed and stored when not needed and the second port 18 closed with a cover 60, as illustrated in FIG. 2.” (Para 0021). Thus, the claimed configuration of positioning the end portion (50) in a retracted position away from the mouth of the patient, if not fully removed, is a consideration when the supply tube (90) is not actively being used. Thus, Nelson meets the limitations of the claims.
As to Claim 17, Nelson discloses the method wherein the retracting end portion (50) is performed while the mask is on the patient’s face forming the cavity.
There is no structure within Nelson that would preclude or prevent the ability of Nelson to perform the functionality as claimed. Rather, Nelson clearly states “When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth. The medicant device 40 may also be removed and stored when not needed and the second port 18 closed with a cover 60, as illustrated in FIG. 2.” (Para 0021). Thus, the claimed configuration of positioning the end portion (50) in a retracted position away from the mouth of the patient, if not fully removed, is a consideration when the supply tube (90) is not actively being used. Thus, Nelson meets the limitations of the claims.
WITHDRAWN CLAIMS 18-21
As to Claim 18, Nelson discloses a ventilation accessory device (Figure 2, “FIG. 2 also illustrates a non-threaded second port 18 of the mask 12 and a non-threaded mouthpiece 42 of the medicant device 40. The mouthpiece 42 has been pushed into the chamber 14 for engagement by a patient using their mouth. When not necessary for such use the medicant device 40 may be pulled outwardly to be stopped by lip 50 in the stowed or nonuse position. The medicant device 40 may also be removed and stored when not needed and the second port 18 may be closed with a cover 60.” Para 0027) for adapting an artificial ventilation system to artificially ventilate a patient (see Figure 7), wherein the artificial ventilation system includes a source of ventilation gas (“an oxygen or other gas source” via 92, “The stem valve 54 may serve to open and close the nebulizer passageway 48 depending on whether or not a nebulizer 90 may be inserted therein. When a nebulizer 90 may be inserted opening stem valve 54, an oxygen or other gas source may be attached to nebulizer input 92 to cause the flow of nebulized medicant into medicant chamber 44.” Para 0022; also see: “There may be a venturi outlet tube 121 connected to the venturi inlet tube 120 for connection of a pressure regulator 190 to regulate flow of a source gas, for example, oxygen introduced into venturi inlet tube 120, that may be input to the nebulizer 90 at the nebulizer input 92. Connecting tubing 204 may be used to connect a regulator inlet port 192 to the venturi outlet tube 121 and to connect a regulator outlet port 194 to the nebulizer input 92.” Para 0032) for delivery to the patient (as shown in Figure 7, “FIG. 7 illustrates a perspective view of the multitask medical treatment respiratory apparatus worn by a patient according to an embodiment of the invention” Para 0015); a supply tube (90, “The stem valve 54 may serve to open and close the nebulizer passageway 48 depending on whether or not a nebulizer 90 may be inserted therein. When a nebulizer 90 may be inserted opening stem valve 54, an oxygen or other gas source may be attached to nebulizer input 92 to cause the flow of nebulized medicant into medicant chamber 44.” Para 0022) configured to convey the ventilation gas (“an oxygen or other gas source” via 92) and having an upstream end (92, “nebulizer input 92” Paras 0022 and 0032) in fluidic communication with the source of ventilation gas (“an oxygen or other gas source” via 92) to receive the ventilation gas (“an oxygen or other gas source” via 92) therefrom and a downstream end (defined by the insertion of 90 to abut 48, “The medicant device 40 may have a stem valve 54 with a spring 56 and a retainer tab 58 in the nebulizer passageway 48. The stem valve 54 may serve to open and close the nebulizer passageway 48 depending on whether or not a nebulizer 90 may be inserted therein.” Para 0022) configured to release the ventilation gas (“an oxygen or other gas source” via 92); a mask (12, “FIG. 2 also illustrates a non-threaded second port 18 of the mask 12 and a non-threaded mouthpiece 42 of the medicant device 40.” Para 0027; also see: “Referring to FIGS. 1 and 1A, a multitask medical treatment respiratory apparatus 10 may include a mask 12 defining a chamber 14 that may have a first port 16 for receipt of a first opening 32 of a reservoir bag 30.” Para 0020) comprising an oronasal cup (defined by the perimeter of 12 abutting the face of the patient, whereby “The mask 12 may have a pliant band 24 for shaping the mask 12 relative to a patients nose and an elastic strap 26 attached to retain the mask 12 on a patients head to cover the area around the mouth and nose.” Para 0020) configured to form a cavity around the mouth and nose of the patient and an inlet (18, “The mask 12 may have a second port 18 for receipt of a mouthpiece 42 of a medicant device 40.” Para 0020; also see: “The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62. Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38. … The medicant device 40 may also be removed and stored when not needed and the second port 18 closed with a cover 60, as illustrated in FIG. 2.” Para 0021) on the oronasal cup (defined by the perimeter of 12 abutting the face of the patient) configured to be coupled to the downstream end (defined by the insertion of 90 to abut 48) of the supply tube (90), the ventilation accessory device (Figure 2) comprising: a tubular body (40, “The mask 12 may have a second port 18 for receipt of a mouthpiece 42 of a medicant device 40.” Para 0020; also see: “The medicant device 40 may have a mouthpiece 42 and medicant chamber 44 that may include a metered passageway 46 and a nebulizer passageway 48. There may be one or more gas openings 38 in medicant device 40 located to allow gas in chamber 14 to be inhaled by the patient during various types of breathing treatments. The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62. Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38. This may be accomplished without removing the mask 12 or interrupting applications of other gasses or treatments introduced through first port 16 that may be inhaled through the nose. When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth. The medicant device 40 may also be removed and stored when not needed and the second port 18 closed with a cover 60, as illustrated in FIG. 2. The medicant device 40 may have a stem valve 54 with a spring 56 and a retainer tab 58 in the nebulizer passageway 48.” Paras 0021 and 0022) having a prescribed fixed length (“FIG. 2 also illustrates a non-threaded second port 18 of the mask 12 and a non-threaded mouthpiece 42 of the medicant device 40. The mouthpiece 42 has been pushed into the chamber 14 for engagement by a patient using their mouth. When not necessary for such use the medicant device 40 may be pulled outwardly to be stopped by lip 50 in the stowed or nonuse position. The medicant device 40 may also be removed and stored when not needed and the second port 18 may be closed with a cover 60.” Para 0027) between a first end (44, “The medicant device 40 may have a mouthpiece 42 and medicant chamber 44 that may include a metered passageway 46 and a nebulizer passageway 48.” Para 0021) and a second end (42, “The mask 12 may have a second port 18 for receipt of a mouthpiece 42 of a medicant device 40. The medicant device 40 may have a mouthpiece 42 and medicant chamber 44 that may include a metered passageway 46 and a nebulizer passageway 48. There may be one or more gas openings 38 in medicant device 40 located to allow gas in chamber 14 to be inhaled by the patient during various types of breathing treatments. The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62. Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38.” Paras 0020 and 0021) of the tubular body (40) and defining a path for flow of the ventilation gas (“an oxygen or other gas source” via 92) through the tubular body (40) from the first end (44) to the second end (42) of the tubular body (40), the tubular body (40) comprising: an outer portion at the first end (44) of the tubular body (40) arranged to be in fluidic communication with the downstream end (defined by the insertion of 90 to abut 48) of the supply tube (90); an intermediate portion between the first end (44) and the second end (42) of the tubular body (40) arranged to be mounted within the inlet (18) of the mask (12) such that the mask (12) is disposed at an intermediate point along a length of the tubular body (40); and an inner end portion (50, “The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62.” Para 0021) at the second end (42) of the tubular body (40) configured to extend into the cavity (best seen Figure 2) to locate the second end (42) in proximity to the patient’s mouth (“With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38.” Para 0021; “A device for solving the problem of multitask treatment of a patient, including provision for direct application of medicant to the patients mouth and thereby to the lungs while the mask may still be retained on the patient for breathing, does not appear to have been solved.” Para 0003) and to be sealing gripped by the lips of the patient (“With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38.” Para 0021; “A device for solving the problem of multitask treatment of a patient, including provision for direct application of medicant to the patients mouth and thereby to the lungs while the mask may still be retained on the patient for breathing, does not appear to have been solved.” Para 0003) for oral delivery of ventilation gas (“an oxygen or other gas source” via 92) relative to the face of the patient.
As to Claim 19, Nelson discloses the tubular body (40) comprises a first section defining the outer portion and the second section defining the end portion (50), wherein the first section and he second section of the tubular body (40) are integral with one another such that the tubular body (40) is a single piece.
As to Claim 20, Nelson discloses the tubular body (40) is removable (“FIG. 2 also illustrates a non-threaded second port 18 of the mask 12 and a non-threaded mouthpiece 42 of the medicant device 40. The mouthpiece 42 has been pushed into the chamber 14 for engagement by a patient using their mouth. When not necessary for such use the medicant device 40 may be pulled outwardly to be stopped by lip 50 in the stowed or nonuse position. The medicant device 40 may also be removed and stored when not needed and the second port 18 may be closed with a cover 60.” Para 0027) from the inlet (18) of the mask (12).
As to Claim 21, Nelson discloses the tubular body (40) extends linearly between the first end (44) and the second end (42) thereof.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Nelson et al. (2005/0028811) in view of Froilan (4,530,354).
As to Claim 6, Nelson discloses an adjustable length (“the device may be moved outwardly by pulling or rotating, in the case of a threaded device”, “Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. … When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth.” Para 0021) between the first end (44) and the second end (42) along the tubular body (a function of the rotating action through the “thread” capability Para 0021), such that the first end (44) defines the first section and the second end (42) defines the second section.
Yet, Nelson does not expressly disclose the construction of the mechanism to permit the adjustable length to be “a track supported on one of the first and second sections and a wheel operatively supported on another one of the first and second sections and matably engaged with the track”.
Froilan teaches an alternative construction of a system for artificially ventilating a patient (best seen Figures 5-7) including an oral delivery conduit (defined as the combination of 2 and 10, whereby 2- “In a modification of this invention as shown in FIGS. 5 through 7, the outer region 18 of the elongated tubular member 2 includes a gear rack 19 formed along a portion of one side of the outer wall 20 of the said outer region 18 of the elongated tubular member 2.” Column 3, Lines 55-70; and whereby 10 – “In this modification, the tube holder 10 includes a pinion gear 21 mounted along the side wall 22 of the sleeve portion 12.” Column 4, Lines 1-10) in the form of a tubular body having two sections (2/10) which move relative to each other to achieve variation in depth insertion (as shown by the indicia 20, “The outer wall 20 of the outer region 18 of tubular member 2 has centimeter markings thereon or other appropriate markings whereby the physician can determine precisely the distance the elongated tubular member 2 is moved outwardly when the pinion gear 2 is rotated and he can determine precisely the distance to reinsert the elongated tubular member 2 to place it back in its original position.” Column 4, Lines 30-50).
Regarding the remaining limitations of the claims, Froilan clearly discloses a first section of the tubular body (2) having a track (19, “In a modification of this invention as shown in FIGS. 5 through 7, the outer region 18 of the elongated tubular member 2 includes a gear rack 19 formed along a portion of one side of the outer wall 20 of the said outer region 18 of the elongated tubular member 2.” Column 3, Lines 55-70) and the second section of the tubular body (10) having the wheel (21, “In this modification, the tube holder 10 includes a pinion gear 21 mounted along the side wall 22 of the sleeve portion 12. A turning knob 23 is connected to the pinion gear as described hereinbelow. The pinion gear 21 extends through an opening 24 in the side wall 22 of the sleeve portion 12 through which the gear teeth 25 of the pinion gear 21 extend to engage the corresponding gear teeth 26 of the gear rack 19 on the outer wall 20 of the outer region 18 of the elongated tubular member 2.” Column 4, Lines 1-15) to adjust the relative length/depth of insertion of the oral delivery conduit (defined as the combination of 2 and 10) in the form of a tubular body, for the purpose of assuring the proper insertion and placement within the patient (“The gear rack 19 extends inwardly from the outer end 4 a sufficient distance to reach approximately to the base portion 14 of the tube holder 10 when the endotracheal tube 1 is properly inserted into a patient's trachea and the tube holder 10 is secured in place over the patient's mouth.” Column 3, Line 60 thru Column 4, Line 5).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the tubular body of the Nelson to include the use of a track and wheel adjustment length/depth mechanism as taught by Froilan to be a known methodology suitable for imparting variation of the insertion depth and length in order to assure proper placement and insertion within the mouth of the user.
Claims 7, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson et al. (2005/0028811) in view of Mohammed (2005/0267416).
As to Claims 7 and 8, Nelson discloses an adjustable length (“the device may be moved outwardly by pulling or rotating, in the case of a threaded device”, “Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. … When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth.” Para 0021) between the first end (44) and the second end (42) along the tubular body (a function of the rotating action through the “thread” capability Para 0021), such that the first end (44) defines the first section and the second end (42) defines the second section.
Yet, Nelson does not expressly disclose the construction of the mechanism to permit the adjustable length to be “a flexible length of tubing deformable crosswise to a longitudinal direction of the tubular body for varying the adjustable length” (Claim 7) and further “a deflector supported in the outer housing and movable relative thereto in the crosswise direction for deformatively engaging the second section.” (Claim 8).
Mohammed teaches a medical device (best seen Figure 5) in the form of a tubular body concerned with adjustability in the length of the medical device, whereby the medical device includes a flexible length formed by the manipulation of the medical device in a crosswise to longitudinal action whereby the slot (10, “The container has a tubular wall 9 having a longitudinal slot 10 therethrough. … Slot 10 runs from a point near the first end of the container, without reaching the first end of the container, to a point near the second end of the container, without reaching the second end of the container. A second slot 10a, running a part of the way around the circumference of wall 9, intersects slot 10 near the second end of the container. A similar slot 10b intersects slot 10 near the first end of the container. Slots 10a and 10b are preferably parallel to each other. A series of circumferential ridges 120 may optionally be positioned on the exterior of the container, said ridges being effective to strengthen the container, although this feature is not necessary for proper function of the invention. Slots 10a and 10b are preferably L-shaped slots, as shown in FIG. 2, or straight slots, as shown in FIG. 3. The slots 10a and 10b may have one or more teeth 200.” Para 0073) includes a series of deflection regions (10a/10b, “Slots 10a and 10b are preferably L-shaped slots, as shown in FIG. 2” Para 0073) which retain a pin (7, “When one is ready to use the needle, needle 1 may be exposed by pushing hub 2 toward the second end of the container. This is most easily done by manually sliding crosspiece 8, attached to pin 7, along slot 10 with the user's thumb or finger. … When pin 7 reaches end 12 of slot 10, the needle is rotated by reversibly pushing pin 7 into slot 10a. Slot 10a acts as a stop, preventing spring 16 from decompressing and causing needle 1 to retract into the container. … When it is desired to retract the needle, 16 reversibly pushes pin 7 along slot 10 pin 7 out of slot 10a, and then spring.” Para 0077), such that “The knob or pin slidably engages the longitudinal slot, and may be used to change the length of the adjustable-length tube from its collapsed state to its extended state.” (Para 0117) when not in use (see Para 0083 – safety considerations).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the tubular body of the Nelson to include the use of a flexible length of tubing deformable crosswise to a longitudinal direction of the tubular body for varying the adjustable length and deflector to achieve adjustment length/depth mechanism as taught by Mohammed to be a known methodology suitable for imparting variation of the length of the medical device when not in use.
As to Claim 10, Nelson discloses an adjustable length (“the device may be moved outwardly by pulling or rotating, in the case of a threaded device”, “Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. … When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth.” Para 0021) between the first end (44) and the second end (42) along the tubular body (a function of the rotating action through the “thread” capability Para 0021), such that the first end (44) defines the first section and the second end (42) defines the second section.
Yet, Nelson does not expressly disclose the construction of the mechanism to permit the adjustable length to be “the first and second sections are telescopically slidably interconnected and are rotatable to each other around a longitudinal axis of the tubular body, and wherein an outer one of the first and second sections includes a slot extending longitudinally of the tubular body and an inner one of the first and second sections includes a catch received in the slot, wherein the slot includes jogs in crosswise directions to the longitudinal direction for maintaining the first and sections at a selected length.”
Mohammed teaches a medical device (best seen Figure 5) in the form of a tubular body concerned with adjustability in the length of the medical device, whereby the medical device includes a flexible length formed by the manipulation of the medical device in a crosswise to longitudinal action whereby the slot (10, “The container has a tubular wall 9 having a longitudinal slot 10 therethrough. … Slot 10 runs from a point near the first end of the container, without reaching the first end of the container, to a point near the second end of the container, without reaching the second end of the container. A second slot 10a, running a part of the way around the circumference of wall 9, intersects slot 10 near the second end of the container. A similar slot 10b intersects slot 10 near the first end of the container. Slots 10a and 10b are preferably parallel to each other. A series of circumferential ridges 120 may optionally be positioned on the exterior of the container, said ridges being effective to strengthen the container, although this feature is not necessary for proper function of the invention. Slots 10a and 10b are preferably L-shaped slots, as shown in FIG. 2, or straight slots, as shown in FIG. 3. The slots 10a and 10b may have one or more teeth 200.” Para 0073) includes a series of catch regions (10a/10b, “Slots 10a and 10b are preferably L-shaped slots, as shown in FIG. 2” Para 0073) which retain a jog (7, “When one is ready to use the needle, needle 1 may be exposed by pushing hub 2 toward the second end of the container. This is most easily done by manually sliding crosspiece 8, attached to pin 7, along slot 10 with the user's thumb or finger. … When pin 7 reaches end 12 of slot 10, the needle is rotated by reversibly pushing pin 7 into slot 10a. Slot 10a acts as a stop, preventing spring 16 from decompressing and causing needle 1 to retract into the container. … When it is desired to retract the needle, 16 reversibly pushes pin 7 along slot 10 pin 7 out of slot 10a, and then spring.” Para 0077), such that “The knob or pin slidably engages the longitudinal slot, and may be used to change the length of the adjustable-length tube from its collapsed state to its extended state.” (Para 0117) when not in use (see Para 0083 – safety considerations).
The resultant effect of this telescoping sliding action resulting in adjustment of the length through the manipulation of a pin/catch/deflector in a crosswise manner through rotation along the slot and through the jog to lock the length in a fixed orientation of either expanded or contracted when not in use.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the tubular body of the Nelson to include the use of a telescopically slidable interconnected and rotatable structure suitable for crosswise to a longitudinal direction of the tubular body for varying the adjustable length and deflector to achieve adjustment length/depth mechanism as taught by Mohammed to be a known methodology suitable for imparting variation of the length of the medical device when not in use.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Nelson et al. (2005/0028811) in view of Scattergood (0,040,949).
As to Claim 9, Nelson discloses an adjustable length (“the device may be moved outwardly by pulling or rotating, in the case of a threaded device”, “Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. … When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth.” Para 0021) between the first end (44) and the second end (42) along the tubular body (a function of the rotating action through the “thread” capability Para 0021), such that the first end (44) defines the first section and the second end (42) defines the second section.
Yet, Nelson does not expressly disclose the construction of the mechanism to permit the adjustable length to be “the first section forms an outer housing having an interior through which the second section extends, and the second section is fixedly attached to the first section and is compressible in a longitudinal direction of the tubular body for providing the adjustable length.”
Scattergood teaches a medical device (best seen Figures) in the form of a tubular body concerned with adjustability in the length of the medical device, whereby the medical device includes a first section having an outer housing (A) receiving the second section having an inner housing (B), whereby the second section with the inner housing (B) includes a compressible device (spring – aa) within as best seen in Figure 3 to vary the length of the medical device to achieve the desired dimensions within the body of the patient. (Page 1, Column 1, Last Paragraph to Page 1, Column 2, 1st Full Paragraph).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the tubular body of the Nelson to include the use a compressible structure retained within an outer housing and including an inter housing as taught by Scattergood to achieve the desired dimensions within the body of the patient.
WITHDRAWN CLAIM 11
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Nelson et al. (2005/0028811) in view of Moretti (4,452,240).
As to Claim 11, Nelson discloses a ventilation accessory device (Figure 2, “FIG. 2 also illustrates a non-threaded second port 18 of the mask 12 and a non-threaded mouthpiece 42 of the medicant device 40. The mouthpiece 42 has been pushed into the chamber 14 for engagement by a patient using their mouth. When not necessary for such use the medicant device 40 may be pulled outwardly to be stopped by lip 50 in the stowed or nonuse position. The medicant device 40 may also be removed and stored when not needed and the second port 18 may be closed with a cover 60.” Para 0027), wherein the tubular body (40) comprises a first section defining the first end (44) and the second section defining the end portion (50) of the tubular body (40) and distinct from the first section in a fixed orientation (“FIG. 2 also illustrates a non-threaded second port 18 of the mask 12 and a non-threaded mouthpiece 42 of the medicant device 40. The mouthpiece 42 has been pushed into the chamber 14 for engagement by a patient using their mouth. When not necessary for such use the medicant device 40 may be pulled outwardly to be stopped by lip 50 in the stowed or nonuse position. The medicant device 40 may also be removed and stored when not needed and the second port 18 may be closed with a cover 60.” Para 0027).
Yet, Nelson does not expressly disclose the “wherein the first and second sections are removably interconnectable in fixed relation to each other.”
Moretti discloses a system for artificially ventilating a patient (Figures 1-7 and 10-12), comprising: a source of ventilation gas (72, “With the nose engaging means 30 and mouthpiece 32 so positioned, the source of air or oxygen, which in this case can be bottled source 72, which communicates with conduit 56 through a flexible conduit 74, can be turned on to provide air to the worker.” Column 4, Lines 55-70) for delivery to the patient; a supply tube (defined by the flow of gas from 72 to 74 to 34, as seen in Figure 7, wherein 74 - “a flexible conduit 74” Column 4, Lines 55-70; and wherein 34 – “The conduit arrangement 34 (FIG. 7) includes a rigid conduit 56 which extends through an aperture 58 in a base 60 of the head enclosure 26. Conduit arrangement 34 further includes a collapsible outer conduit or collar 62, which can be comprised of a plastic material much the same as the plastic material which comprises the head enclosure 26. The conduit communicates with aperture 58 at one end thereof, and the other end thereof is clamped about and to the rigid conduit 56 with a clamp 64.” Column 4, Lines 10-20) configured to convey the ventilation gas (via 72) and having an upstream end (74) in fluidic communication with the source (72) to receive the ventilation gas therefrom and a downstream end (34) configured to release the ventilation gas (via 72); a mask (20, “With reference to the figures, and in particular to FIG. 1, a respiratory protection apparatus of the invention is depicted and denoted by numeral 20. Apparatus 20 is shown in combination with a primary respiratory system 22, which has been fitted over the head 24 of a worker.” Column 3, Lines 40-45) comprising an oronasal cup (26, “The primary respiratory system includes a head enclosure 26, which can be comprised of a clear plastic material, and a conduit 28, through which air is supplied to the worker.” Column 3, Lines 40-55) configured to form a cavity (interior of 26 proximate 62, as best seen in Figures 1-4) around the mouth and nose of the patient and an inlet (58, “The conduit arrangement 34 (FIG. 7) includes a rigid conduit 56 which extends through an aperture 58 in a base 60 of the head enclosure 26. Conduit arrangement 34 further includes a collapsible outer conduit or collar 62, which can be comprised of a plastic material much the same as the plastic material which comprises the head enclosure 26. The conduit communicates with aperture 58 at one end thereof, and the other end thereof is clamped about and to the rigid conduit 56 with a clamp 64.” Column 4, Lines 10-20) in the oronasal cup (26) and operatively supported at the downstream end (34, best seen Figure 7) of the supply tube (defined by the flow of gas from 72 to 74 to 34); an oral delivery conduit (the combination of 56 and 32, wherein 56 - “The conduit arrangement 34 (FIG. 7) includes a rigid conduit 56 which extends through an aperture 58 in a base 60 of the head enclosure 26. Conduit arrangement 34 further includes a collapsible outer conduit or collar 62, which can be comprised of a plastic material much the same as the plastic material which comprises the head enclosure 26. The conduit communicates with aperture 58 at one end thereof, and the other end thereof is clamped about and to the rigid conduit 56 with a clamp 64.” Column 4, Lines 10-20; and wherein 32 – “The respiratory protection apparatus 20 includes a nose engaging means 30, a mouthpiece 32, a conduit arrangement 34, and a valve 36 (FIG. 1). Nose engaging means 30 (FIG. 5) includes a base 38 which defines an aperture 40 which fits over and is secured rigidly to mouthpiece 32.” Column 3, Lines 55-70; also see: “The mouthpiece 32 includes a non-deformable inner tube 52 and a softer, deformable outer tube 54. The worker's teeth are able to deform and better grip the outer tube, while the non-deformable inner tube prevents a worker from collapsing the mouthpiece.” Column 4, Lines 5-10; “If the worker finds the necessity for using apparatus 20 instead of primary respiratory system 22, he can grasp the rigid conduit 56 immediately below or above the valve arrangement 36, as shown in FIG. 2, so as to urge the nose engaging means 30 and mouthpiece 32 upwardly towards his face; collapsing the collapsible conduit 62 (FIG. 7). ” Column 4, Lines 30-56) configured to form a tubular body (best seen Figure 7) configured to be received within the cavity (interior of 26 proximate 62, as best seen in Figures 1-4) and defining a path for flow of the ventilation gas (via 72); wherein the tubular body (best seen Figure 7) has a first end (56 proximate 34) in fluidic communication with the downstream end (34) of the supply tube (defined by the flow of gas from 72 to 74 to 34) and extends therefrom into the cavity (interior of 26 proximate 62, as best seen in Figures 1-4) and a second end (proximate 32) arranged in proximal relation to the mouth of the patient (“The worker's teeth are able to deform and better grip the outer tube, while the non-deformable inner tube prevents a worker from collapsing the mouthpiece.” Column 4, Lines 5-10), so as to convey the ventilation gas (via 72) from the supply tube (defined by the flow of gas from 72 to 74 to 34) towards the patient’s mouth; wherein an end portion (32) of the tubular body (best seen Figure 7) defining the second end (proximate 32) thereof is arranged for sealingly gripping by the lips of the patient (“The worker's teeth are able to deform and better grip the outer tube, while the non-deformable inner tube prevents a worker from collapsing the mouthpiece.” Column 4, Lines 5-10) for oral delivery of the ventilation gas (via 72), such that the mask (20) forms a secondary seal (via 62, “Conduit arrangement 34 further includes a collapsible outer conduit or collar 62, which can be comprised of a plastic material much the same as the plastic material which comprises the head enclosure 26.” Column 4, Lines 10-20) for containing the ventilation gas (via 72) relative to a face of the patient.
Regarding the remaining limitations of the claims, Moretti discloses the tubular body (best seen Figure 7) comprises a first section (56 proximate 32) defining the first end (56 proximate 32) and the a second section (proximate 32) defining the end portion (32) and distinct from the first section (56 proximate 32), wherein the first section (56 proximate 32) and the second section (proximate 32) are removably interconnectable in a fixed relationship to each other. As best seen in Figure 7, the connection between the first end (56 proximate 32) and end portion (32) appear to be a friction interference connection, whereby the inner diameter of the end portion (32) receives the outer diameter of the first end (56 proximate 32). Friction interference connections are well known, routine, and conventional practice whereby the benefit of the interconnectable is well established for the purpose of enabling the cleaning / sanitizing between usage, as well as the replacement of defective parts.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the fixed connection of Nelson to be constructed of two components which are removably interconnectable, as taught by Moretti to enabling the cleaning / sanitizing between usage, as well as the replacement of defective parts.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot.
Although Primary Examiner appreciates Applicant’s amendments to the claims, an updated search has yielded a conflicting prior art reference which must be overcome prior to an indication of allowable subject matter.
The conflicting prior art reference, Nelson et al. (2005/0028811) appears to disclose a source of ventilation gas (“an oxygen or other gas source” via 92, “The stem valve 54 may serve to open and close the nebulizer passageway 48 depending on whether or not a nebulizer 90 may be inserted therein. When a nebulizer 90 may be inserted opening stem valve 54, an oxygen or other gas source may be attached to nebulizer input 92 to cause the flow of nebulized medicant into medicant chamber 44.” Para 0022; also see: “There may be a venturi outlet tube 121 connected to the venturi inlet tube 120 for connection of a pressure regulator 190 to regulate flow of a source gas, for example, oxygen introduced into venturi inlet tube 120, that may be input to the nebulizer 90 at the nebulizer input 92. Connecting tubing 204 may be used to connect a regulator inlet port 192 to the venturi outlet tube 121 and to connect a regulator outlet port 194 to the nebulizer input 92.” Para 0032) for delivery to the patient (as shown in Figure 7, “FIG. 7 illustrates a perspective view of the multitask medical treatment respiratory apparatus worn by a patient according to an embodiment of the invention” Para 0015); a supply tube (90, “The stem valve 54 may serve to open and close the nebulizer passageway 48 depending on whether or not a nebulizer 90 may be inserted therein. When a nebulizer 90 may be inserted opening stem valve 54, an oxygen or other gas source may be attached to nebulizer input 92 to cause the flow of nebulized medicant into medicant chamber 44.” Para 0022) configured to convey the ventilation gas (“an oxygen or other gas source” via 92) and having an upstream end (92, “nebulizer input 92” Paras 0022 and 0032) in fluidic communication with the source of ventilation gas (“an oxygen or other gas source” via 92) to receive the ventilation gas (“an oxygen or other gas source” via 92) therefrom and a downstream end (defined by the insertion of 90 to abut 48, “The medicant device 40 may have a stem valve 54 with a spring 56 and a retainer tab 58 in the nebulizer passageway 48. The stem valve 54 may serve to open and close the nebulizer passageway 48 depending on whether or not a nebulizer 90 may be inserted therein.” Para 0022) configured to release the ventilation gas (“an oxygen or other gas source” via 92); a mask (12, “FIG. 2 also illustrates a non-threaded second port 18 of the mask 12 and a non-threaded mouthpiece 42 of the medicant device 40.” Para 0027; also see: “Referring to FIGS. 1 and 1A, a multitask medical treatment respiratory apparatus 10 may include a mask 12 defining a chamber 14 that may have a first port 16 for receipt of a first opening 32 of a reservoir bag 30.” Para 0020) comprising an oronasal cup (defined by the perimeter of 12 abutting the face of the patient, whereby “The mask 12 may have a pliant band 24 for shaping the mask 12 relative to a patients nose and an elastic strap 26 attached to retain the mask 12 on a patients head to cover the area around the mouth and nose.” Para 0020) configured to form a cavity around the mouth and nose of the patient and an inlet (18, “The mask 12 may have a second port 18 for receipt of a mouthpiece 42 of a medicant device 40.” Para 0020; also see: “The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62. Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38. … The medicant device 40 may also be removed and stored when not needed and the second port 18 closed with a cover 60, as illustrated in FIG. 2.” Para 0021) on the oronasal cup (defined by the perimeter of 12 abutting the face of the patient) configured to be coupled to the downstream end (defined by the insertion of 90 to abut 48) of the supply tube (90), the ventilation accessory device (Figure 2) comprising: an oral delivery conduit (40) in the form of a tubular body (40, “The mask 12 may have a second port 18 for receipt of a mouthpiece 42 of a medicant device 40.” Para 0020; also see: “The medicant device 40 may have a mouthpiece 42 and medicant chamber 44 that may include a metered passageway 46 and a nebulizer passageway 48. There may be one or more gas openings 38 in medicant device 40 located to allow gas in chamber 14 to be inhaled by the patient during various types of breathing treatments. The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62. Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38. This may be accomplished without removing the mask 12 or interrupting applications of other gasses or treatments introduced through first port 16 that may be inhaled through the nose. When the medicant device 40 is not being used, the device may be moved outwardly by pulling or rotating, in the case of a threaded device, to clear the area around the patient's mouth. The medicant device 40 may also be removed and stored when not needed and the second port 18 closed with a cover 60, as illustrated in FIG. 2. The medicant device 40 may have a stem valve 54 with a spring 56 and a retainer tab 58 in the nebulizer passageway 48.” Paras 0021 and 0022) having a first end (44, “The medicant device 40 may have a mouthpiece 42 and medicant chamber 44 that may include a metered passageway 46 and a nebulizer passageway 48.” Para 0021) and a second end (42, “The mask 12 may have a second port 18 for receipt of a mouthpiece 42 of a medicant device 40. The medicant device 40 may have a mouthpiece 42 and medicant chamber 44 that may include a metered passageway 46 and a nebulizer passageway 48. There may be one or more gas openings 38 in medicant device 40 located to allow gas in chamber 14 to be inhaled by the patient during various types of breathing treatments. The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62. Alternatively the mouthpiece 42 and second port 18 may be threaded having cooperative threads 52 and 20 respectively. With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38.” Paras 0020 and 0021) of the tubular body (40) and defining a path for flow of the ventilation gas (“an oxygen or other gas source” via 92) through the tubular body (40) from the first end (44) to the second end (42) of the tubular body (40), the tubular body (40) comprising: an outer portion at the first end (44) of the tubular body (40) arranged to be in fluidic communication with the downstream end (defined by the insertion of 90 to abut 48) of the supply tube (90); an intermediate portion between the first end (44) and the second end (42) of the tubular body (40) arranged to be mounted within the inlet (18) of the mask (12) such that the mask (12) is disposed at an intermediate point along a length of the tubular body (40); and an inner end portion (50, “The medicant device 40 may be retained in the second port 18 by frictional fit of the mouthpiece 42 and by use of a lip 50 at a chamber end 62.” Para 0021) at the second end (42) of the tubular body (40) configured to extend into the cavity (best seen Figure 2) to locate the second end (42) in proximity to the patient’s mouth (“With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38.” Para 0021; “A device for solving the problem of multitask treatment of a patient, including provision for direct application of medicant to the patients mouth and thereby to the lungs while the mask may still be retained on the patient for breathing, does not appear to have been solved.” Para 0003) and to be sealing gripped by the lips of the patient (“With the medicant device 40 mounted in the second port 18 the device may be readily available for medicant treatments by moving the mouthpiece 42 inwardly in chamber 14 such that a patient may engage their mouth with the mouthpiece 42 to directly receive medication and inhale gas through gas openings 38.” Para 0021; “A device for solving the problem of multitask treatment of a patient, including provision for direct application of medicant to the patients mouth and thereby to the lungs while the mask may still be retained on the patient for breathing, does not appear to have been solved.” Para 0003) for oral delivery of ventilation gas (“an oxygen or other gas source” via 92) relative to the face of the patient.
Primary Examiner notes Nelson et al. (2005/0028811) appears to show the features of the former claims, Claims 1-4, 6-11, and 13-17, whereby Figure 1 shows the construction of the former adjustable tubular body and further the newly submitted claims, Claims 18-21, whereby Figure 2 shows the construction of a prescribed fixed length tubular body. Applicant is subject to a restriction requirement under election by original presentation. Nevertheless, to facilitate Applicant’s understanding of the claimed invention(s), Primary Examiner has provided a showing of the subject matter of the withdrawn claims in relation to Nelson to advance prosecution of this application and identify this crowded field of endeavor.
In light of Nelson’s applicability to the current claim listing, the rejection of the claims has been maintained and made FINAL.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chilton et al. (4,706,683) appears to disclose an additional system for artificially ventilating a patient (best seen Figure 2 and 3) comprising: a source of ventilation gas (32), a supply tube (defined as 24 from 32 to 28), an oral delivery conduit (defined as 24 from 28 to 26) in the form of a tubular body, a mask (2) comprising an oronasal cup that forms a cavity (7), has a sealing rim (6) and an inlet (8), wherein the tubular body has a first end / outer portion (24 between 28 and 12), a second end with end portion (24 at 26) for engaging the lips of the patient (“… a mouthpiece 26 positioned so that a patient wearing the facemask can grip the mouthpiece with his mouth or lips and suck on the end of the Xenon gas administration tube 24.” Column 4, Lines 45-65), and an intermediate portion (24 between 12 and 8). Although, Chilton does not appear to disclose, teach, or fairly suggest the length of the tubular body to be adjustable or fixed, there does not appear to be any structure that would preclude, prevent, or hinder the ability of the tubular body to be adjusted as desired or necessitated to meet the anatomical features and oral agility of the patient.
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 ANNETTE F DIXON whose telephone number is (571)272-3392. The examiner can normally be reached M-F 9-5 EST with flexible hours.
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785