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.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ayu (2021/0137779) in view of Kaye et al. (9,784,387).
Regarding claims 1 and 10, Ayu discloses a high frequency chest wall oscillation (HFCWO) system for applying HFCWO therapy to a torso of a patient (12), the HFCWO system comprising an air pulse generator (16) configured to generate air pulses, the air pulse generator (16) having a housing including at least one outlet port (62, 64) through which the air pulses are expelled from the housing, the air pulse generator (16) including a magnet (2122) adjacent the outlet port ([0010]), a garment (14) configured to be worn by a patient, the garment (14) having at least one air bladder that receives the air pulses from the air pulse generator for application to the patient's torso ([0082]), and at least one hose (18, 20) configured to deliver the air pulses from the air pulse generator (16) to the at least one air bladder of the garment, wherein the at least one hose (18, 20) includes a tube made of a pliable material ([0094] lines 1-10, [0095] lines 1-10), a first connector (connector attached to air pulse generator; [0094]) attached to the first end region of the hose, and a second connector (connector for connecting to vest 14) attached to the second end region of the hose, the first connector including a metal element (2118) coupled to a distal end of the first annular member for attraction to the magnet when first connector is coupled to the outlet port of the housing of the air pulse generator ([0109]).
Ayu substantially teaches the claimed invention except for teaches a reinforcement coil coupled to the pliable material of the tube and configured as a helix extending between first and second end regions of the hose, wherein the first and second connector includes a first annular member formed with a first helical groove configured for threaded engagement with the reinforcement coil at the first end region of the hose. However, Kaye teaches a reinforcement coil coupled to the pliable material of the tube and configured as a helix extending between first and second end regions of the hose ([0035]), wherein the first and second connectors (3a, 3b) includes a first annular member formed with a first helical groove (internal threads) configured for threaded engagement with the reinforcement coil at the first end region of the hose (as shown in fig. 4 and [0046], the interna threads received the reinforced tube). It would have been obvious to one of ordinary skill in the art to have manufactured the connector and tube as reinforced to receive a reinforced tube as such would provide the advantage of reduced accidental collapse and ease in connection.
Regarding claims 2 and 11, the modified Aye discloses (see fig. 4 of Kaye) the first helical groove of the first and second annular member (first internal thread) is configured for threaded engagement with the reinforcement coil within a bore of the tube at the respective first or second end region of the hose (as shown, the tube and connector are threadedly connected).
Regarding claims 3 and 13, the modified Kaye discloses (see fig. 4 of Kaye) the first and second connector includes a second annular member (i.e. second internal thread) having a second helical groove configured for threaded engagement with the reinforcement coil surrounding an outer surface of the tube at the respective first and second end region of the hose (as shown, the tube and connector are threadedly connected).
Regarding claims 4 and 14, the modified Ayu discloses (see fig. 4 of Kaye) the first and second connectors (3a, 3b; figs. 4 of Kaye) includes a third annular member (i.e. third internal thread) configured for threaded engagement with the reinforcement coil surrounding the outer surface of the tube at the respective first and second end region of the hose (as shown, the tube and connector are threadedly connected), the third annular member surrounding a proximal end of the first annular member (as shown, the threads surround the end).
Regarding claims 5 and 15, the modified Ayu discloses the first and second connector (3a, 3b; fig. 4 of Kaye) includes a second annular member (i.e. second internal thread), wherein the second annular member is formed by an over mold to encapsulate the first annular member and a distal end of the tube such that the first annular member and the tube are securely assembled ([0033] of Kaye discloses over molding for connection).
Regarding claims 6 and 16, the modified Ayu discloses a third annular member (i.e. third internal thread) configured for threaded engagement with the reinforcement coil surrounding an outer surface of the tube (as shown, the tube and connector are threadedly connected), the third annular member surrounding a proximal end of the first annular member, and wherein the second annular member further encapsulates at least a distal end of the third annular member such that the first annular member, the third annular member, and the tube are securely assembled ([0033] of Kaye discloses over molding for connection).
Regarding claim 7, Ayu discloses the metal element (2118) comprises a metal ring at an end such that it would be in the first annular member at the distal end of the first annular member ([0109]).
Regarding claim 8, Ayu discloses a first end surface of the metal ring (2118) is substantially coplanar with a distal end surface of the first annular member (as shown, both would be orientated horizontally).
Regarding claim 9, Ayu discloses the magnet (2118) comprises a magnetic ring (as shown, the magnet is a ring) adjacent a proximal end of the outlet port (see fig. 13).
Regarding claim 12, the modified Ayu discloses (see fig. 4 of Kaye) the first annular member (thread) of the second connector includes first and second grooves at a distal end of the first annular member (as shown, the threads are at the end) but does not specifically disclose wherein the second connector further includes first and second O-rings received in the respective first and second grooves such that the first and second O-rings frictionally engage with an inner surface of a tubular inlet port of the at least one bladder of the garment when the second connector is installed in the tubular inlet port. However, providing O-ring seals in a threaded connection is old and well known in the art and well within an artisan’s skill providing the advantage of enhanced sealing against air escape for efficient bladder filling and operation. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention have provided the vest and connector with O-ring seals to provide the advantage of enhanced sealing against air escape for efficient bladder filling and operation.
Regarding claim 17, the modified Ayu discloses the reinforcement coil comprises a reinforcement wire (i.e. electrical wire; [0054] of Kaye).
Regarding claim 18, the modified Ayu discloses (see fig. 4 and 6 of Kaye) the reinforcement coil comprises a reinforcement thread molded integrally with the tube (as shown, the coil is manufactured within the threads of the tube).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOYA M LOUIS whose telephone number is (571)270-5337. The examiner can normally be reached M-F 1 pm - 6:30 pm ET.
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/LaToya M Louis/Primary Examiner, Art Unit 3785
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