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 .
Status of Claims
Claims 1-9 are pending in this application.
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wells (20190143067) in view of Altadonna, Jr (6015425).
Regarding claim 1, Wells discloses a nose clip structure (Fig. 2), adapted to fit a patient's nose, comprising: a first septum portion (left leg 114) that includes a first septum contact area (inner facing surface); a second septum portion (right leg 114) that includes a second septum contact area (inner facing surface), wherein the first septum portion and the second septum portion are configured such that the first septum contact area and the second septum contact area engage opposite sides of a septum of the patient's nose (see figures 1 and 2); a septum clip (106 shown in Fig. 3), the septum clip configured to exert pressure against the first septum portion and the second septum portion such that the first septum contact area and the second septum contact area engage the opposite sides of the septum of the patient's nose to maintain an operational position of the septum clip in relation to the patient's nose; and a tube grip (118) operably coupled to the septum clip (106), the tube grip (118) configured to facilitate maintaining positioning of at least one patient care tube (102) in relation to the patient's nose. See figures 1-3. Moreover, Wells discloses that gel pads can be attached to the legs 114 for improved comfort. See: paragraph [0049].
However, Wells lacks the specific teaching showing that the legs of the septum portions contain a pad.
Altadonna teaches a nose clip (1) with pads (3) on first and second legs of the nose clip with pleasant smelling odorant absorbed therein. See Figures 3 and 4.
It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention to modify the ends of the leg portions of Wells by including odor emitting pads of Altadonna in order to form a nasal clip that could simultaneously deliver breathable gasses and a patient while providing a pleasant scent.
Regarding claim 2, the nose clip structure of the combined references has a nose clip structure that further comprises: a support arm (where the clip 106 of Wells is connected to the tube grip 118 of Wells) coupled to the septum clip (106 of Wells) and the tube grip (118 of Wells), the support arm configured ((where the clip 106 of Wells is connected to the tube grip 118 of Wells) to maintain a functional position of the tube grip (118 of Wells) in relation to the septum clip (106 of Wells).
Regarding claims 3-5, the nose clip structure of the combined references has a support arm (claim 3), first and second septum pads (claim4), and a septum clip (claim 4); however, the references are silent as to what materials for the components. Wells does disclose the clip 118 is formed of an elastic material (See paragraph [0050] & [0066]) preferably made of a pliable plastic material (See paragraph [0058]) wherein the support arm is constructed utilizing one or more materials including metal, rubber, plastic, polyurethane, and silicone-based compounds. Moreover, Altadonna teaches forming the intra-nasal clip using flexible, spring-like and semi-rigid, and is made of a flexible spring-like and semi-rigid material, such as aluminum or plastic.
It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention to have formed the support arm (claim 3), the first and second septum pads (claim 4), and the septum clip (claim 4), of the combined references using well known elastic and pliable materials including rubber and plastic, as taught as taught by Wells and Altadonna, in order to form cheap, resilient, and flexible components that are capable of being connecting together to form the nose clip, pads, tube grip and the support arm.
Regarding claim 5, the nose clip structure of the combined references has a septum clip that further comprises: a spring material to provide a clamping force upon the septum of the patient's nose as the nose clip structure is utilized.
Regarding claim 6, the nose clip structure of the combined references has a patient care tube that is a gas tube configured to provide oxygen to the patient (102 of Wells).
Regarding claim 7, the nose clip structure of the combined references is a tube pipe in as much as applicant has disclosed. It is the examienr’s position that the tube grip is therefore configured to include a pipe with an inside diameter that is greater than an outside diameter of the patient care tube such that the pipe holds the patient care tube in a stationary position with regards to the tube grip; the tube grip is configured to include a clamp such that the clamp holds the patient care tube in the stationary position with regards to the tube grip; and the tube grip is configured to include a latch such that the latch holds the patient care tube in the stationary position with regards to the tube grip, as the structure is a tube pipe and would be capable of including these structures in as much as applicant’s tube pipe is capable of including these structures.
Regarding claim 8, the nose clip structure of the combined references has the tube grip (118 of Wells) orientated in a perpendicular fashion in relation to nostrils of the patient's nose. See: figures 1-3 of Wells.
Regarding claim 9, the nose clip structure of the combined references has a tube grip (118 of Wells) configured to facilitate maintaining the positioning of the patient care tube (102 of Wells) in at least one nostril of the patient's nose. See: figures 1-3 of Wells.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional prior art is being cited that teaches similar nose clips.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLINTON T OSTRUP whose telephone number is (571)272-5559. The examiner can normally be reached M-F 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Lefkowitz can be reached at 571-272-2180. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLINTON T OSTRUP/Supervisory Patent Examiner, Art Unit 3732