DETAILED ACTION
DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provision.
Acknowledgment
Claims 21, 31, 37 are amended and filed on 9/26/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21-40 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 21 recites the limitation "wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically adjustable to a plurality of rates between an upper rate threshold and a lower rate threshold throughout the standby mode based on real-time input to the control circuit, and wherein the lower rate threshold is greater than the first rate" in the last 5 lines was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention and wherein in ¶00281- ¶0445 and Fig. 27 in the current application discloses thresholds are related only to the “particle” or smoke which detected not to the suction fluid rate. Also, terms such as “plurality of rate” and “rate threshold” was not found in the specification, and in ¶0308 of the current application discloses that base on the detected parameters of the smoke of the sensor, the appropriate suction rate will be determined without mention upper or lower threshold/limit.
Claims 31 recites the limitation "wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically adjustable up or down rates between an upper rate threshold and a lower rate threshold based on real-time input to the control circuit, and wherein the lower rate threshold is greater than the first rate" in the last 5 lines was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention and wherein in ¶00281- ¶0445 and Fig. 27 in the current application discloses thresholds are related only to the “particle” or smoke which detected not to the suction fluid rate. Also, terms such as “rate threshold” was not found in the specification, but in ¶0308 of the current application discloses that base on the detected parameters of the smoke of the sensor, the appropriate suction rate will be determined without mention upper or lower thresholds/limits.
Claims 37 recites the limitation "wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically adjustable to a variable rates between an upper rate threshold and a lower rate threshold based on real-time input to the control circuit, and wherein the lower rate threshold is greater than the first rate" in the last 5 lines was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention and wherein in ¶00281- ¶0445 and Fig. 27 in the current application discloses thresholds are related only to the “particle” or smoke which detected not to the suction fluid rate. Also, terms such as “a variable rates” and “rate threshold” was not found in the specification, but in ¶0308 of the current application discloses that base on the detected parameters of the smoke of the sensor, the appropriate suction rate will be determined without mention upper or lower thresholds/limits.
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 21-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 21 recites the limitation "wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically adjustable to a plurality of rates between an upper rate threshold and a lower rate threshold throughout the standby mode based on real-time input to the control circuit, and wherein the lower rate threshold is greater than the first rate" in the last 5 lines, it is unclear if it means "wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically adjustable to a rate between an upper rate threshold and a lower rate threshold throughout the standby automatic evacuation mode based on real-time input to the control circuit, and wherein the lower rate threshold is greater than the first rate" or it means “wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically adjustable to a rate between an upper rate threshold and a lower rate threshold and the rate is set during the standby mode based on real-time input to the control circuit, and wherein the lower rate threshold is greater than the first rate". For the purpose of examination, the examiner will interpret the limitation "wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically adjustable to a rate between an upper rate threshold and a lower rate threshold throughout the standby automatic evacuation mode based on real-time input to the control circuit, and wherein the lower rate threshold is greater than the first rate"
Claim 31 recites the limitation "wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically adjustable up and down between an upper rate threshold and a lower rate threshold based on real-time input to the control circuit, and wherein the lower rate threshold is greater than the first rate" in the last 5 lines, it is unclear if it means "wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically adjustable to a rate between an upper rate threshold and a lower rate threshold based on real-time input to the control circuit, and wherein the lower rate threshold is greater than the first rate" or it means “wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically and continuously adjustable rate between an upper rate threshold and a lower rate threshold based on real-time input to the control circuit, and wherein the lower rate threshold is greater than the first rate". For the purpose of examination, the examiner will interpret the limitation "wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically adjustable to a rate between an upper rate threshold and a lower rate threshold based on real-time input to the control circuit, and wherein the lower rate threshold is greater than the first rate".
Claim 37 recites the limitation "wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically adjustable to a variable rate between an upper rate threshold and a lower rate threshold based on real-time input to the control circuit, and wherein the lower rate threshold is greater than the first rate" in the last 5 lines, it is unclear if it means "wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically adjustable to a dynamically changed rate within rate threshold and a lower rate threshold based on real-time input to the control circuit, and wherein the lower rate threshold is greater than the first rate". For the purpose of examination, the examiner will interpret the limitation "wherein a second rate of fluid is evacuated in the automatic evacuation mode, wherein the second rate is automatically adjustable to a
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 21, 28-32, 37 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lalomia et al. (US. 20070135779A1)(“ Lalomia”).
Re claim 21, Lalomia discloses a surgical evacuation system (Fig. 41-43, ¶0212), comprising: a pump (pump, blower 806, ¶0212); a motor operably coupled to the pump (a motor of the blower such as brush motor, ¶0212); a flow path fluidically coupled to the pump ( line from the inlet 802, within 820 , 806 and outlet 805); a housing (housing of 102), comprising an inlet (802) and an outlet (outlet of 805, ¶0212), wherein the flow path extends between the inlet and the outlet (Fig. 41), and wherein the pump and the motor are positioned within the housing (Fig. 41); a sensor (820 ¶0219) positioned along the flow path upstream of the pump (Fig. 41), wherein the sensor is positioned to detect a parameter of a fluid moving through the flow path (flow, ¶0219); and a control circuit (818 and main controller 342, ¶0225, Fig. 12) comprising a processor and a memory (¶0129, ¶0217), wherein the memory stores instructions (¶0217) that, when executed by the processor, cause the control circuit to: receive a signal from the sensor indicative of the parameter (¶0222); compare the parameter to a predetermined threshold (¶0222, predetermine amount level, and first level of power/motor speed); and transition the motor from a standby mode (first level as the smoke amount less than a predetermined amount level, ¶0024, ¶0222) to an automatic evacuation mode based on the parameter exceeding the predetermined threshold (¶0222, predetermine amount of smoke), wherein a first rate of fluid is evacuated in the standby mode (first level, ¶0222), wherein a second rate of fluid is evacuated in the automatic evacuation mode (second level, ¶0222), wherein the second rate is automatically adjustable to a plurality of rates (¶0024, ¶0025, ¶0224) between an upper rate threshold and a lower rate threshold thought the standby mode based on real-time input to the control circuit (¶0221-¶0222, the rate is automatically adjustable base on the smoked sensed signals input to the control circuit ¶0221, lower threshold is rate as the speed increases as smoke level reaches a predetermined limit which is greater than rate at a first speed ¶0222 and upper threshold is the rate at the upper limit of the motor’s speed, ¶0024, ¶0025, ¶0222) and wherein the lower rate threshold is greater than the first rate (the rate suction of the blower as the smoke level reaches a predetermined limit is greater than a standby rate, ¶0222).
Re claim 28, Lalomia discloses wherein, in the automatic evacuation mode, a motor speed of the motor increases based on the parameter (¶0222, ¶0024).
Re claim 29, Lalomia discloses wherein the motor speed of the motor increases as the parameter increases (¶0222, ¶0024).
Re claim 30, Lalomia discloses wherein the control circuit is located within the housing (Fig. 41).
Re claim 31, Lalomia discloses a non-transitory computer readable medium storing computer readable instructions (342, microprocessor/memory ¶0129 and 818 microprocessor ¶0217) which, when executed, cause a machine to: receive, by way of a sensor (820, ¶0219), a parameter of a fluid moving (smoke ¶0219) through a flow path (802 to 806 to 805) of a surgical evacuation system (102, Fig. 41-43); compare the parameter to a predetermined threshold (predetermined amount ¶0222); and transition a motor from a standby mode (first level and first speed, ¶0222) to an automatic evacuation mode (second level and second speed, ¶0222) based on the parameter exceeding the predetermined threshold (¶0222), wherein a first rate of fluid is evacuated in the standby mode, wherein a second rate of fluid is evacuated in the automatic evacuation mode, and wherein the second rate is automatically adjustable (¶0024, ¶0025, ¶0224) up and down between an upper rate threshold and a lower rate threshold based on real-time input to the control circuit (¶0221-¶0222, the rate is automatically adjustable base on the smoked sensed signals input to the control circuit ¶0221, lower threshold is rate as the speed increases as smoke level reaches a predetermined limit which is greater than rate at a first speed ¶0222 and upper threshold is the rate at the upper limit of the motor’s speed , ¶0024, ¶0025, ¶0222) and wherein the lower rate threshold is greater than the first rate (the rate suction of the blower as the smoke level reaches a predetermined limit is greater than a standby rate, ¶0222).
Re claim 32, Lalomia discloses wherein the sensor is a first sensor and the parameter is a first parameter (820 and amount of smoke level), wherein the non-transitory computer readable medium stores further computer readable instructions which, when executed, cause a machine (102) to receive, by way of a second sensor (differential sensor filter, ¶0225), a second parameter of a fluid moving through the flow path (¶0225, pressure), and wherein the first sensor is positioned upstream of a filter (811, 809) in the flow path and the second sensor is positioned downstream of the filter in the flow path (¶0225, Fig. 41-43, the differential pressure sensor measure before and after the filter to measure the difference between the pressure).
Re claim 37, Lalomia discloses a surgical evacuation system (Fig. 41-43, ¶0212), comprising: a pump (pump, blower 806, ¶0212); a motor operably coupled to the pump (a motor of the blower such as brush motor, ¶0212); a flow path fluidically coupled to the pump ( line from the inlet 802, within 820 , 806 and outlet 805); a housing (housing of 102), comprising an inlet (802) and an outlet (outlet of 805, ¶0212), wherein the flow path extends between the inlet and the outlet (Fig. 41), and wherein the pump and the motor are positioned within the housing (Fig. 41); a filter (811, 809, ¶0225, Figs. 41-43) fluidically coupled to the flow path within the housing (Figs. 41-43); a first sensor (820, ¶0219) positioned along the flow path upstream of the filter (Fig. 41), wherein the first sensor is positioned to detect a first parameter of a fluid moving through the flow path (flow, ¶0219); a second sensor (a differential sensor, positioned along the flow path downstream of the filter(¶0225, wherein the differential sensor detect the pressure, before and after the filter ¶0225), wherein the second sensor is positioned to detect a second parameter of the fluid moving through the flow path (pressure, ¶0225); and a control circuit (818 and main controller 342, ¶0225, Fig. 12) comprising a processor and a memory (¶0129, ¶0217), wherein the memory stores instructions (¶0217) that, when executed by the processor, cause the control circuit to: receive a first signal from the first sensor indicative of the first parameter (¶0222); compare the first parameter to a first predetermined threshold (¶0222, predetermine amount level, and first level of power/motor speed); and transition the motor from a standby mode (first level as the smoke amount less than a predetermined amount level, ¶0024, ¶0222) to an automatic evacuation mode based on the first parameter exceeding the first predetermined threshold (¶0222, predetermine amount of smoke), wherein a first rate of fluid is evacuated in the standby mode (first level, ¶0222), wherein a second rate of fluid is evacuated in the automatic evacuation mode (second level, ¶0222), and wherein the second rate wherein the second rate is automatically adjustable to a variable rate (¶0024, ¶0025, ¶0224) between an upper rate threshold and a lower rate threshold thought the standby mode based on real-time input to the control circuit (¶0221-¶0222, the rate is automatically adjustable base on the smoked sensed signals input to the control circuit ¶0221, lower threshold is rate as the speed increases when the smoke level reaches a predetermined limit which is greater than rate at a first speed ¶0222 and upper threshold is the rate at the upper limit of the motor’s speed, ¶0024, ¶0025, ¶0222) and wherein the lower rate threshold is greater than the first rate (the rate suction of the blower as the smoke level reaches a predetermined limit is greater than a standby rate, ¶0222).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 22-27, 33-36, 38-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lalomia in view of Robertson et al. (US. 4,701193) (“Robertson”).
Re claim 22, Lalomia discloses wherein the sensor is a first sensor and the parameter is a first parameter (820 and amount of smoke level), wherein the surgical evacuation system further comprises a second sensor (differential sensor filter, ¶0225),wherein the second sensor is positioned to detect a second parameter of the fluid moving through the flow path (pressure differential of the filter, ¶0225), and wherein the memory stores further instructions that, when executed by the processor, cause the control circuit to receive a second signal from the second sensor indicative of the second parameter (¶0225), but it fails that the second sensor is positioned along the flow path downstream of the pump.
However, Robertson discloses a smoke evacuator system (Fig. 5, abstract) and wherein system has the inlet (108) and outlet (close to 65), a pump (58), a motor (56) and a first sensor (96) and a second sensor (156) wherein positioned along the flow path downstream of the pump (Fig. 5).
Thus, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was made to have modified the system of Lalomia so that second sensor is positioned along the flow path downstream of the pump as taught by Robertson for the purpose of shut down the system when the filter is clogged (Robertson, Col. 5, lines 35-50).
Re claim 23, Lalomia discloses wherein the memory stores further instructions that, when executed by the processor, cause the control circuit to: compare the second parameter to a second predetermined threshold (¶0225); but it fails to discloses shutdown the motor based on the second parameter exceeding the second predetermined threshold.
However, Robertson discloses a smoke evacuator system (Fig. 5, abstract) and wherein system has the inlet (108) and outlet (close to 65), a pump (58), a motor (56) and a second sensor (96 and 156) wherein positioned along the flow path downstream of the pump (Fig. 5) and shutdown the motor based on the second parameter exceeding the second predetermined threshold (80% clogged of the filter Col. 5, lines 35-50, Col. 6, lines 10-15).
Thus, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was made to have modified the system of Lalomia so that the processor shutdown the motor based on the second parameter exceeding the second predetermined threshold as taught by Robertson for the purpose of shut down the system when the filter is clogged to replace the filter (Robertson, Col. 5, lines 35-50).
Re claim 24, Lalomia discloses wherein the memory stores further instructions that, when executed by the processor, cause the control circuit to: receive an override input from a user (the user is capable to override any signal by choose the speed even when the filter is clogged and need to shutdown ¶0224); and override a shutdown of the motor and operate the motor in the standby mode based on the override input (the user is capable to override any signal by choose the speed even when the filter is clogged and need to shutdown ¶0224).
Re claim 25, Lalomia discloses wherein the memory stores further instructions that, when executed by the processor, cause the control circuit to: compare the second parameter to a second predetermined threshold (¶0225), but it fails to discloses compare the second parameter to a third predetermined threshold; and decrease a motor speed of the motor based on the second parameter being greater than the second predetermined threshold and less than the third predetermined threshold.
However, Robertson discloses a smoke evacuator system (Fig. 5, abstract) and wherein system has the inlet (108) and outlet (close to 65), a pump (58), a motor (56) and a second sensor (96 and 156) wherein positioned along the flow path downstream of the pump (Fig. 5) and compare the second parameter to a third predetermined threshold (overheat of 156, Col. 5, lines 35-50, Col. 6, lines 10-15); and decrease a motor speed of the motor based on the second parameter being greater than the second predetermined threshold and less than the third predetermined threshold (between a) filter status is 80% clogged and b) filter status clogged close to 100% and that leads to overheat of 156, Col. 5, lines 35-50, Col. 6, lines 10-15, the system will decrease to shutdown the speed).
Thus, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was made to have modified the system of Lalomia so that the processor compare the second parameter to a third predetermined threshold; and decrease a motor speed of the motor based on the second parameter being greater than the second predetermined threshold and less than the third predetermined threshold as taught by Robertson for the purpose of shut down the system when the filter is clogged to replace the filter (Robertson, Col. 5, lines 35-50).
Re claim 26, Lalomia discloses wherein the memory stores further instructions that, when executed by the processor, cause the control circuit to: compare the second parameter to a second predetermined threshold (¶0225); and transition the motor from the automatic evacuation mode to the standby mode based on the second parameter being below or equal to the second predetermined threshold (it is understood that when the filter is replaced with new clean filter, the system will run to the first speed and first level, ¶0225, ¶0213).
Re claim 27, Lalomia discloses further a filter (809, 811, Fig. 41-42) fluidically coupled to the flow path within the housing (Fig. 41), wherein the first sensor is positioned upstream of the filter (820 sensor , Filter 809/811), and wherein the second sensor is positioned downstream of the filter (¶0225).
Re claim 33, Lalomia discloses storing further computer readable instructions which, when executed, cause a machine to: compare the second parameter to a second predetermined threshold (¶0225), but it fails to disclose shutdown the motor based on the second parameter exceeding the second predetermined threshold.
However, Robertson discloses a smoke evacuator system (Fig. 5, abstract) and wherein system has the inlet (108) and outlet (close to 65), a pump (58), a motor (56) and a second sensor (96 and 156) wherein positioned along the flow path downstream of the pump (Fig. 5) and shutdown the motor based on the second parameter exceeding the second predetermined threshold (80% clogged of the filter Col. 5, lines 35-50, Col. 6, lines 10-15).
Thus, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was made to have modified the system of Lalomia so that the processor shutdown the motor based on the second parameter exceeding the second predetermined threshold as taught by Robertson for the purpose of shut down the system when the filter is clogged to replace the filter (Robertson, Col. 5, lines 35-50).
Re claim 34, Lalomia discloses storing further computer readable instructions which, when executed, cause a machine to: receive an override input from a user (the user is capable to override any signal by choose the speed even when the filter is clogged and need to shutdown ¶0224); and override the shutdown of the motor and operate in the standby mode based on the override input (the user is capable to override any signal by choose the speed even when the filter is clogged and need to shutdown ¶0224).
Re claim 35, Lalomia discloses storing further computer readable instructions which, when executed, cause a machine to: compare the second parameter to a second predetermined threshold (¶0225), but it fails to discloses compare the second parameter to a third predetermined threshold; and decrease a motor speed of the motor based on the second parameter being greater than the second predetermined threshold and less than the third predetermined threshold.
However, Robertson discloses a smoke evacuator system (Fig. 5, abstract) and wherein system has the inlet (108) and outlet (close to 65), a pump (58), a motor (56) and a second sensor (96 and 156) wherein positioned along the flow path downstream of the pump (Fig. 5) and compare the second parameter to a third predetermined threshold (overheat of 156, Col. 5, lines 35-50, Col. 6, lines 10-15); and decrease a motor speed of the motor based on the second parameter being greater than the second predetermined threshold and less than the third predetermined threshold (between a) filter status is 80% clogged and b) filter status clogged close to 100% and that leads to overheat of 156, Col. 5, lines 35-50, Col. 6, lines 10-15, the system will decrease to shutdown the speed).
Thus, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was made to have modified the system of Lalomia so that the processor compare the second parameter to a third predetermined threshold; and decrease a motor speed of the motor based on the second parameter being greater than the second predetermined threshold and less than the third predetermined threshold as taught by Robertson for the purpose of shut down the system when the filter is clogged to replace the filter (Robertson, Col. 5, lines 35-50).
Re claim 36, Lalomia discloses storing further computer readable instructions which, when executed, cause a machine to: compare the second parameter to a second predetermined threshold (¶0225); and transition the motor from the automatic evacuation mode to the standby mode based on the second parameter being below or equal to the second predetermined threshold (it is understood that when the filter is replaced with new clean filter, the system will run to the first speed and first level, ¶0225, ¶0213).
Re claim 38, Lalomia discloses wherein the memory stores further instructions that, when executed by the processor, cause the control circuit to: receive a second signal from the second sensor indicative of the second parameter; compare the second parameter to a second predetermined threshold (¶0225); but it fails to discloses shutdown the motor based on the second parameter exceeding the second predetermined threshold.
However, Robertson discloses a smoke evacuator system (Fig. 5, abstract) and wherein system has the inlet (108) and outlet (close to 65), a pump (58), a motor (56) and a second sensor (96 and 156) wherein positioned along the flow path downstream of the pump (Fig. 5) and shutdown the motor based on the second parameter exceeding the second predetermined threshold (80% clogged of the filter Col. 5, lines 35-50, Col. 6, lines 10-15).
Thus, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was made to have modified the system of Lalomia so that the processor shutdown the motor based on the second parameter exceeding the second predetermined threshold as taught by Robertson for the purpose of shut down the system when the filter is clogged to replace the filter (Robertson, Col. 5, lines 35-50).
Re claim 39, Lalomia discloses wherein the memory stores further instructions that, when executed by the processor, cause the control circuit to: receive an override input from a user (the user is capable to override any signal by choose the speed even when the filter is clogged and need to shutdown ¶0224); and override a shutdown of the motor and operate the motor in the standby mode based on the override input (the user is capable to override any signal by choose the speed even when the filter is clogged and need to shutdown ¶0224).
Re claim 40, Lalomia discloses wherein, in the automatic evacuation mode, a motor speed of the motor is based on the first parameter (¶0222, ¶0255) , but it fails to show that the speed of the motor is based on the second parameter.
However, Robertson discloses a smoke evacuator system (Fig. 5, abstract) and wherein system has the inlet (108) and outlet (close to 65), a pump (58), a motor (56) and a second sensor (96 and 156) wherein positioned along the flow path downstream of the pump (Fig. 5) and shutdown the motor based on the second parameter exceeding the second predetermined threshold (80% clogged of the filter Col. 5, lines 35-50, Col. 6, lines 10-15).
Thus, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was made to have modified the system of Lalomia so that the speed of the motor is based on the second parameter as taught by Robertson for the purpose of shut down the system when the filter is clogged to replace the filter (Robertson, Col. 5, lines 35-50).
Response to Arguments
Applicant's arguments filed 9/26/2025 with regards to claims 21, 31, 37 have been fully considered but they are not persuasive.
The applicant argues that Lalomia fails to discloses that “the second rate ..is automatically adjustable …etc.”. This is found not persuasive as Lalomia discloses the automatic evacuation mode and wherein the rate is automatically adjustable base on the amount of smoke sensed see ¶0025, ¶0221 for example from a rate as the speed increases to upper limit speed to the motor ¶0222.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMZA A. DARB whose telephone number is (571)270-1202. The examiner can normally be reached 8:00-5:00 M-F (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAMZA A DARB/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783