DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 10-11, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jasper et al. EP 2371411, in view of Utz et al. 2017/0258983 and Li et al 2010/0280362.
Regarding claim 1, Jasper teaches a lighted air supply delivery assembly for use in delivering air to a patient (abstract), comprising: an air/light connection tubing having a length (0019 states that patient circuit 110 contains light conductor 203, patient circuit 110 also has a length that runs from the oxygen source to the patient delivery assembly as depicted in figure 1) coupled between a supplemental oxygen source (0043 states that “The medical device 120 may be a respiratory device or mechanical ventilator. In this case, the fluid 111 transported by the patient circuit 110 is usually a breathing gas such as air or oxygen”) and a patient oxygen delivery assembly (0043 states that “the patient circuit typically connects to the patient through an intravenous cannula or a similar tube.”), the air/light connection tubing including a tube wall (Patient circuit 110 depicts a tube wall) defining an airflow chamber for delivering a flow of oxygenated air from the supplemental oxygen source to the patient oxygen delivery assembly (Figure 2), and including one or more optical fibers (0053 states that “The light conductor 203 may comprise an optical fiber”);
Jasper fails to teach optical fibers comprising a side glow fiber optic cable extending along the entire length of the air/light connection tubing, fiber-optic light engine coupled to the one or more optical fibers, a controller including a processor coupled to the fiber-optic light engine, the processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display a light visible through the air/light connection tubing via the one or more optical fibers.
Utz teaches analogous medical tubing that does teach a side glow fiber optic cable (Figure 4, “the light transmission channel (302) is implemented as an optical fiber”) extending along the entire length of the air/light connection tubing (Figures 2, 10, and 11b depict the light transmission channel running across the entire length of the tubing). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jasper with the teachings of Utz and include a side glow fiber optic cable extending along the entire length of the air/light connection tubing as this allows for a medical practioner or user to identify a specific piece of tubing (0025).
Modified Jasper still fails to teach a fiber-optic light engine coupled to the one or more optical fibers, a controller including a processor coupled to the fiber-optic light engine, the processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display a light visible through the air/light connection tubing via the one or more optical fibers.
Li teaches an analogous tracheal tube system within a ventilatory system that does teach a fiber-optic light engine coupled to the one or more optical fibers (light drive 40), a controller (microprocessor 32) including a processor coupled to the fiber-optic light engine (time processing unit 38), the processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display a light visible through the air/light connection tubing (0016) via the one or more optical fibers (optical fiber 18). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jasper with the teachings of Li and include a fiber-optic light engine coupled to the one or more optical fibers, a controller including a processor coupled to the fiber-optic light engine, the processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display a light visible through the air/light connection tubing via the one or more optical fibers as this allows for an activation of lighting based on timing control signals (0016).
Regarding claim 2, modified Jasper teaches the lighted air supply delivery assembly of claim 1, including: a sensor (0065 states that “The measurement device may, for example, be a pressure sensor”) for determining air flow within the lighted air supply delivery assembly (0013 states “the measured status of the fluid comprises at least one of: flow rate, flow direction, change in flow rate, change in flow direction, pressure, fluid composition and fluid concentration.”), the processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display the light visible through the air/light connection tubing (0016 of Li) based on the determined air flow (0014 states that “By providing the status of these parameters, the visual signal indicator is able to provide relevant status information to the caretaker. In an embodiment, the visual status indicator comprises a status input for receiving from the medical device a status signal representative of the measured status of the fluid, and the light source is arranged for providing the light signal in dependence on the status signal.”). Therefore, since Li teaches the concept of a processor executing steps to output a fiber-optic lighting signal, this concept could be combined with Jasper and make it as to where the pressure of the oxygen within the tube is the parameter that is causing a certain lighting algorithm to take place.
Regarding claim 10, Jasper teaches an oxygen delivery system for delivering oxygenated air to a patient comprising (abstract): a supplemental oxygen source (0043 states that “The medical device 120 may be a respiratory device or mechanical ventilator”); a patient oxygen delivery assembly adapted to be mounted to a patient's face (0043 states “the patient circuit typically connects to the patient through an intravenous cannula or a similar tube”); and a lighted air supply delivery assembly (Visual status indicator 200) coupled between the supplemental oxygen source and the patient oxygen delivery assembly (Figure 3), the lighted air supply delivery assembly including: an air/light connection tubing having a length and (0019 states that patient circuit 110 contains light conductor 203, patient circuit 110 also has a length that runs from the oxygen source to the patient delivery assembly as depicted in figure 1) including a tube wall defining an airflow chamber for delivering a flow of oxygenated air from the supplemental oxygen source to the patient oxygen delivery assembly (Figure 2 depicts patient circuit 110 containing a tube wall and delivering fluid 111), and including one or more optical fibers (0053 states “The light conductor 203 may comprise an optical fiber”);
Jasper fails to teach optical fibers comprising a side glow fiber optic cable extending along the entire length of the air/light connection tubing, a fiber-optic light engine coupled to the one or more optical fibers, a controller including a processor coupled to the fiber-optic light engine, the processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display a light visible through the air/light connection tubing via the one or more optical fibers.
Utz teaches analogous medical tubing that does teach a side glow fiber optic cable (Figure 4, “the light transmission channel (302) is implemented as an optical fiber”) extending along the entire length of the air/light connection tubing (Figures 2, 10, and 11b depict the light transmission channel running across the entire length of the tubing). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jasper with the teachings of Utz and include a side glow fiber optic cable extending along the entire length of the air/light connection tubing as this allows for a medical practioner or user to identify a specific piece of tubing (0025).
Modified Jasper still fails to teach a fiber-optic light engine coupled to the one or more optical fibers, a controller including a processor coupled to the fiber-optic light engine, the processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display a light visible through the air/light connection tubing via the one or more optical fibers.
Li teaches analogous tracheal tube system within a ventilatory system that does teach a fiber-optic light engine coupled to the one or more optical fibers (light drive 40), a controller (microprocessor 32) including a processor coupled to the fiber-optic light engine (time processing unit 38), the processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display a light visible through the air/light connection tubing (0016) via the one or more optical fibers (optical fiber 18). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jasper with the teachings of Li and include a fiber-optic light engine coupled to the one or more optical fibers, a controller including a processor coupled to the fiber-optic light engine, the processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display a light visible through the air/light connection tubing via the one or more optical fibers as this allows for an activation of lighting based on timing control signals (0016).
Regarding claim 11, modified Jasper teaches the oxygen delivery system of claim 10, wherein the lighted air supply delivery assembly includes: a sensor for determining air flow within the lighted air supply delivery assembly (0013 states “the measured status of the fluid comprises at least one of: flow rate, flow direction, change in flow rate, change in flow direction, pressure, fluid composition and fluid concentration.”), the processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display the light visible through the air/light connection tubing (0016 of Li) based on the determined air flow (0014 states “By providing the status of these parameters, the visual signal indicator is able to provide relevant status information to the caretaker. In an embodiment, the visual status indicator comprises a status input for receiving from the medical device a status signal representative of the measured status of the fluid, and the light source is arranged for providing the light signal in dependence on the status signal.”). Therefore, since Li teaches the concept of a processor executing steps to output a fiber-optic lighting signal, this concept could be combined with Jasper and make it as to where the pressure of the oxygen within the tube is the parameter that is causing a certain lighting algorithm to take place.
Regarding claim 19, modified Jasper teaches the oxygen delivery system of claim 10, wherein the patient oxygen delivery assembly includes at least one of a nasal cannula and a face mask (0043 states “the patient circuit typically connects to the patient through an intravenous cannula or a similar tube”).
Regarding claim 20, Jasper teaches a method of assembling a lighted air supply delivery assembly for use in delivering air to a patient (abstract), the method including: providing an air/light connection tubing having a length (0019 states that patient circuit 110 contains light conductor 203, patient circuit 110 also has a length that runs from the oxygen source to the patient delivery assembly as depicted in figure 1) including a tube wall defining an airflow chamber (Patient circuit 110 depicts a tube wall) for delivering a flow of oxygenated air from a supplemental oxygen source to a patient oxygen delivery assembly (Figure 2), the air/light connection tubing including one or more optical fibers (0053 states “The light conductor 203 may comprise an optical fiber”); coupling a sensor for determining air flow to the air/light connection tubing (0014 states “The measurement device may, for example, be a pressure sensor”, 0013 states “the measured status of the fluid comprises at least one of: flow rate, flow direction, change in flow rate, change in flow direction, pressure, fluid composition and fluid concentration.”;
Jasper fails to teach optical fibers comprising a side glow fiber optic cable extending along the entire length of the air/light connection tubing, coupling a fiber-optic light engine to the one or more optical fibers and coupling a controller to the fiber-optic light engine and the air pressure sensor, the controller including a processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display the light visible through the air/light connection tubing based on the measured air pressure.
Utz teaches analogous medical tubing that does teach a side glow fiber optic cable (Figure 4, “the light transmission channel (302) is implemented as an optical fiber”) extending along the entire length of the air/light connection tubing (Figures 2, 10, and 11b depict the light transmission channel running across the entire length of the tubing). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jasper with the teachings of Utz and include a side glow fiber optic cable extending along the entire length of the air/light connection tubing as this allows for a medical practioner or user to identify a specific piece of tubing (0025).
Modified Jasper still fails to teach a fiber-optic light engine coupled to the one or more optical fibers, a controller including a processor coupled to the fiber-optic light engine, the processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display a light visible through the air/light connection tubing via the one or more optical fibers.
However Li teaches analogous tracheal tube system within a ventilatory system that does teach a fiber-optic light engine coupled to the one or more optical fibers (light drive 40), a controller (microprocessor 32) including a processor coupled to the fiber-optic light engine (time processing unit 38), the processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display a light visible through the air/light connection tubing (0016) via the one or more optical fibers (optical fiber 18). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jasper with the teachings of Li and include a fiber-optic light engine coupled to the one or more optical fibers, a controller including a processor coupled to the fiber-optic light engine, the processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display a light visible through the air/light connection tubing via the one or more optical fibers as this allows for an activation of lighting based on timing control signals (0016). Since Li teaches the concept of a processor executing steps to output a fiber-optic lighting signal, this concept could be combined with Jasper and make it as to where the pressure of the oxygen within the tube is the parameter that is causing a certain lighting algorithm to take place.
Therefore the method of assembling now includes, coupling a fiber-optic light engine to the one or more optical fibers and coupling a controller to the fiber-optic light engine (Found in Li) and the sensor for determining air flow (0013 states “the measured status of the fluid comprises at least one of: flow rate, flow direction, change in flow rate, change in flow direction, pressure, fluid composition and fluid concentration.”), the controller including a processor programmed to execute algorithm steps of: operating the fiber-optic light engine to display the light visible through the air/light connection tubing based on the determined air flow (0014 states “By providing the status of these parameters, the visual signal indicator is able to provide relevant status information to the caretaker. In an embodiment, the visual status indicator comprises a status input for receiving from the medical device a status signal representative of the measured status of the fluid, and the light source is arranged for providing the light signal in dependence on the status signal.”).
Claims 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over modified Jasper, in view of Anand et al. 2019/0217006
Regarding claim 3, modified Jasper teaches the lighted air supply delivery assembly of claim 2, but fails to teach including a wireless communication device coupled to the controller, the processor programmed to operate the wireless communication device to wirelessly transmit information associated with the measured air pressure.. Anand teaches an analogous medical tubing that does teach including a wireless communication device coupled to the controller, the processor programmed to operate the wireless communication device to wirelessly transmit information (0028 of Anand states that “allowing the controller 404 to be controlled remotely through a wired or wireless network;”). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Jasper with the teachings of Anand and include a wireless communication device coupled to the controller, the processor programmed to operate the wireless communication device to wirelessly transmit information as this provides convince to the operator by giving them the ability to control the device wirelessly (0028). Since Jasper teaches a determining of an air flow (0013 states “the measured status of the fluid comprises at least one of: flow rate, flow direction, change in flow rate, change in flow direction, pressure, fluid composition and fluid concentration.”), the concept of a wireless communication device as taught by Anand can be combined with the concept of Jasper to now teach wirelessly transmitting information associated with the measured air pressure.
Regarding claim 12, modified Jasper teaches the oxygen delivery system of claim 11, but fails to teach wherein the lighted air supply delivery assembly includes a wireless communication device coupled to the controller, the processor programmed to operate the wireless communication device to wirelessly transmit information associated with the measured air pressure.. Anand teaches an analogous medical tubing that does teach wherein the lighted air supply delivery assembly includes a wireless communication device coupled to the controller, the processor programmed to operate the wireless communication device to wirelessly transmit information (0028 of Anand states that “allowing the controller 404 to be controlled remotely through a wired or wireless network;”). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Jasper with the teachings of Anand and include a wireless communication device coupled to the controller, the processor programmed to operate the wireless communication device to wirelessly transmit information as this provides convince to the operator by giving them the ability to control the device wirelessly (0028). Since Jasper teaches a determining of an air flow (0013 states “the measured status of the fluid comprises at least one of: flow rate, flow direction, change in flow rate, change in flow direction, pressure, fluid composition and fluid concentration.”), the concept of a wireless communication device as taught by Anand can be combined with the concept of Jasper to now teach wirelessly transmitting information associated with the measured air pressure.
Claims 4-5 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over modified Jasper, in view of Taylor et al. 2018/0344963
Regarding claim 4, modified Jasper teaches the lighted air supply delivery assembly of claim 2, including: a housing including: a housing inner surface and a housing outer surface (Medical device 220 would contain a housing with both an inner and outer surface), the housing inner surface defining an equipment cavity (Figure 1, device connector 122); an interior wall positioned within the equipment cavity and having an interior surface (Figure 6 depicts connector 505 having an interior wall and an interior surface) the fiber-optic light engine therein
Modified Jasper does not explicitly teach the housing inner surface defining an equipment cavity for storing the controller and the fiber-optic light engine, however Li does teach a controller and a fiber-optic light engine, and since the courts have held that rearrangement of parts requires only ordinary skill in the art and hence is considered a routine expedient, one of ordinary skill in the art could modify modified Jasper to place the controller and fiber-optic light engine within the equipment cavity in device connector 122.
Modified Jasper fails to teach an interior wall positioned within the equipment cavity and having an interior surface defining an air sampling chamber configured to receive oxygenated air from the supplemental oxygen source; and a sampling port defined along the interior wall and coupled in fluid communication with the air sampling chamber; wherein the sensor for determining airflow is positioned within the equipment cavity and coupled to the sampling port for determining air flow within the air sampling chamber.
Taylor does teach an analogous portable oxygen concentrator that does teach an air sampling chamber (Sensor block assembly 300, Figure 3c) configured to receive oxygenated air from the supplemental oxygen source (Figure 3a depicts oxygen entering the sensor block assembly from a valve manifold); and a sampling port defined along the interior wall and coupled in fluid communication with the air sampling chamber (pressure sensor 340 depicts a port); wherein the sensor for determining airflow is positioned within the equipment cavity and coupled to the sampling port for determining air flow within the air sampling chamber (Figure 6d). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Jasper with the teachings of Taylor by placing this setup within medical device 120 and include an air sampling chamber configured to receive oxygenated air from the supplemental oxygen source; and a sampling port defined along the interior wall and coupled in fluid communication with the air sampling chamber; wherein the air pressure sensor is positioned within the equipment cavity and coupled to the sampling port for measuring air pressure within the air sampling chamber as this helps to maintain certain operating parameters and make adjustments to the system (0032), which would include the activation of a lighting system.
Regarding claim 5, modified Jasper in view of Taylor teaches the lighted air supply delivery assembly of claim 4, wherein the housing includes an air outlet port defined along the housing outer surface (oxygen output 14, figure 2) and coupled in fluid communication with the air sampling chamber (Figure 3a depicts oxygen going from sensor block assembly 300 to the output to patient). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further modify modified Jasper with the teachings of Taylor and include wherein the housing includes an air outlet port defined along the housing outer surface and coupled in fluid communication with the air sampling chamber as this allows for air to be delivered to the patient.
Since Jasper teaches the air/light connection tubing (203) in communication with medical device 120, modified Jasper would now teach the air/light connection tubing being coupled in fluid communication with the air sampling chamber via the air outlet port for channeling oxygenated air from the air sampling chamber to the patient oxygen delivery assembly due to the earlier modifications made to the interior of device 120 due to Li.
Regarding claim 13, modified Jasper teaches the oxygen delivery system of claim 11, wherein the lighted air supply delivery assembly includes: a housing including: a housing inner surface and a housing outer surface (Medical device 220 would contain a housing with both an inner and outer surface), the housing inner surface defining an equipment cavity (Figure 1, device connector 122); an interior wall positioned within the equipment cavity and having an interior surface (Figure 6 depicts connector 505 having an interior wall and an interior surface)
Modified Jasper does not explicitly teach the housing inner surface defining an equipment cavity for storing the controller and fiber-optic light engine, however Li does teach a controller and a fiber-optic light engine, and since the courts have held that rearrangement of parts requires only ordinary skill in the art and hence is considered a routine expedient, one of ordinary skill in the art could modify modified Jasper to place the controller and fiber-optic light engine within the equipment cavity in device connector 122.
Modified Jasper fails to teach an interior wall positioned within the equipment cavity and having an interior surface defining an air sampling chamber configured to receive oxygenated air from the oxygen concentrator; and a sampling port defined along the interior wall and coupled in fluid communication with the air sampling chamber; wherein the air pressure sensor is positioned within the equipment cavity and coupled to the sampling port for measuring air pressure within the air sampling chamber.
Taylor does teach an analogous portable oxygen concentrator that does teach an air sampling chamber (Sensor block assembly 300, Figure 3c) configured to receive oxygenated air from the supplemental oxygen source (Figure 3a depicts oxygen entering the sensor block assembly from a valve manifold, the concentrator itself has the ability to supply air, 0022); and a sampling port defined along the interior wall and coupled in fluid communication with the air sampling chamber (pressure sensor 340 depicts a port); wherein the sensor for determining flow is positioned within the equipment cavity and coupled to the sampling port for determining air flow within the air sampling chamber (Figure 6d). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Jasper with the teachings of Taylor by placing this setup within medical device 120 and include an air sampling chamber configured to receive oxygenated air from the supplemental oxygen source; and a sampling port defined along the interior wall and coupled in fluid communication with the air sampling chamber; wherein the air pressure sensor is positioned within the equipment cavity and coupled to the sampling port for measuring air pressure within the air sampling chamber as this helps to maintain certain operating parameters and make adjustments to the system (0032), which would include the activation of a lighting system.
Regarding claim 14, modified Jasper in view of Taylor teaches the oxygen delivery system of claim 13, wherein the housing includes: an air outlet port defined along the housing outer surface (oxygen output 14, figure 2) and coupled in fluid communication with the air sampling chamber (Figure 3a depicts oxygen going from sensor block assembly 300 to the output to patient). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further modify modified Jasper with the teachings of Taylor and include wherein the housing includes an air outlet port defined along the housing outer surface and coupled in fluid communication with the air sampling chamber as this allows for air to be delivered to the patient.
Since Jasper teaches the air/light connection tubing (203) in communication with medical device 120, modified Jasper would now teach the air/light connection tubing being coupled in fluid communication with the air sampling chamber via the air outlet port for channeling oxygenated air from the air sampling chamber to the patient oxygen delivery assembly due to the earlier modifications made to the interior of device 120 due to Li.
Claims 6-7 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over modified Jasper in view of Taylor, further in view of Dietz et al. 5,024219
Regarding claim 6, modified Jasper in view of Taylor teaches the lighted air supply delivery assembly of claim 5, the housing including an air inlet port defined along the housing outer surface (Figure 2 of Taylor depicts an air inlet) and coupled in fluid communication with the air sampling chamber (Figure 3 depicts an air inlet connected to the sensor block assembly 300), but fails to explicitly teach an air inflow tubing coupled between the supplemental oxygen source and the air inlet port for channeling oxygenated air from the supplemental oxygen source into the air sampling chamber.
Dietz teaches an analogous breathing assistance system that does teach an air inflow tubing (tubing 9) coupled between the supplemental oxygen source (Figure 1) and the air inlet port (connector 8 depicts an inlet port) for channeling oxygenated air from the supplemental oxygen source. It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Jasper and include an air inflow tubing coupled between the supplemental oxygen source and the air inlet port for channeling oxygenated air from the supplemental oxygen source as this allows for a delivery of air to the device. Once this modification is made, the overall combination would now teach airflow from the supplemental oxygen source into the air sampling chamber.
Regarding claim 7, modified Jasper in view of Taylor and Dietz teaches the lighted air supply delivery assembly of claim 6, wherein the housing includes (housing 120): a lighting port defined along the housing outer surface (Figure 1 of Jasper depicts status output 121, “status input 104 may be connected to the status output 121 by means of an electrical connector such as a conductive wire.”, there would be some sort of connection connecting this to the housing); the fiber-optic light engine (Light drive 40) positioned within the equipment cavity (device connector 122). In turn, the fiber-optic light engine would be coupled to the lighting port, as it would be in contact with the fiber-optic cable, which by default would make it coupled to the lighting port as well.
Regarding claim 15, modified Jasper in view of Taylor teaches the oxygen delivery system of claim 14, wherein the housing includes: an air inlet port defined along the housing outer surface (Figure 2 of Taylor depicts an air inlet) and coupled in fluid communication with the air sampling chamber (Figure 3 depicts an air inlet connected to the sensor block assembly 300), but fails to explicitly teach the lighted air supply delivery assembly including an air inflow tubing coupled between the oxygen concentrator and the air inlet port for channeling oxygenated air from the oxygen concentrator into the air sampling chamber.
Dietz teaches an analogous breathing assistance system that does teach an air inflow tubing (tubing 9) coupled between the supplemental oxygen source (Figure 1) and the air inlet port (connector 8 depicts an inlet port) for channeling oxygenated air from the supplemental oxygen source. It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Jasper and include an air inflow tubing coupled between the supplemental oxygen source and the air inlet port for channeling oxygenated air from the supplemental oxygen source as this allows for a delivery of air to the device. Once this modification is made, the overall combination would now teach airflow from the supplemental oxygen source into the air sampling chamber.
Regarding claim 16, modified Jasper in view of Taylor and Dietz teaches the oxygen delivery system of claim 15, wherein the housing includes (housing 120): a lighting port defined along the housing outer surface (Figure 1 of Jasper depicts status output 121, “status input 104 may be connected to the status output 121 by means of an electrical connector such as a conductive wire.”, there would be some sort of connection connecting this to the housing); the fiber-optic light engine (Light drive 40) positioned within the equipment cavity (device connector 122). In turn, the fiber-optic light engine would be coupled to the lighting port, as it would be in contact with the fiber-optic cable, which by default would make it coupled to the lighting port as well.
Allowable Subject Matter
Claims 8-9 and 16-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 8, the prior art of record fails to teach, disclose or render obvious an air outflow and lighting assembly coupled to the air outlet port and the lighting port, the air outflow and lighting assembly including: a fiber connector removably coupled to the fiber-optic light engine via the lighting port; and an air/light connection tee including: an air/light outflow connector coupled to the fiber connector and including an inner surface defining a second airflow chamber and one or more second optical fibers for receiving light from the fiber-optic light engine via the fiber connector; an outflow air supply connector extending outwardly from the air/light outflow connector and removably coupled to the air outlet port for channeling oxygenated air from the air sampling chamber into the second airflow chamber; the air/light connection tubing is coupled to the air/light outflow connector such that the second airflow chamber of the air/light outflow connector is in fluid communication with the airflow chamber of the air/light connection tubing for channeling oxygenated air from the air sampling chamber to the patient oxygen delivery assembly, and the one or more second optical fibers of the air/light outflow connector contact the one or more optical fibers of the air/light connection tubing to transfer light from the fiber-optic light engine through the one or more optical fibers of the air/light connection tubing, due to the totality of the combination of features that are claimed. One of ordinary skill in the art would not be able to make the modification of the additional claims listed.
Claim 9 is also objected to due to dependency stemming from claim 8.
Claims 16 and 17 are objected to, but contain allowable subject matter, due to the same reasons listen above.
Response to Arguments
Applicant’s arguments with respect to claims 1, 10, and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 ROHAN DEEP PATEL whose telephone number is (571)270-5538. The examiner can normally be reached Mon - Fri 5:30 AM - 3:00 PM PST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy S Lee can be reached at (571) 2707410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ROHAN PATEL/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785