DETAILED ACTION
This office action is in response to the claims filed 7/25/2023. Claims 1-20 are presenting pending in this application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement filed 7/25/2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Specification
The disclosure is objected to because of the following informalities: The specification recites “CO2” (i.e. paragraphs [004], [006]), which is grammatically incorrect; it is suggested the amend the claims to recite --CO2--.
Appropriate correction is required.
Claim Objections
Claims 1, 6-7, 12, and 17-18 are objected to because of the following informalities:
Claims 1, 6-7, and 17-18 recite “CO2”, which is grammatically incorrect; it is suggested the amend the claims to recite --CO2-- and to amend claim 12 to recite --CO2-- to maintain claim consistency.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“an attachment section configured for attaching to a pressurized oxygen delivery system and covering vent holes on the pressurized oxygen delivery system” in claims 1 and 12.
“an oxygen pressurization unit” in claim 12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 12-20 is/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 pre-AIA the applicant regards as the invention.
Regarding claim 12, line 11 recites, "a plurality of vent holes on the second end of the tube". It is unclear whether the limitation refers back to the previously recited plurality of vent holes recited in line 6 or to a new structural element. For purposes of examination, it is considered that the plurality of vent holes recited in claim 11 refers to a second plurality of vent holes that are distinct from the vent holes recited in claim 6.
Claim 13 recites the limitation "the vent holes on the elbow tube" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim, as no vent holes on the elbow tube have been previously recited, and it is unclear whether it refers back to the vent holes previously recited in claim 12. For purposes of examination, it is considered that the plurality of vent holes recited in line 6 of claim 12 refers to a plurality of vent holes on the elbow tube.
Claim 14 recites the limitation "the vent holes on the mask" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim, as no vent holes on the mask have been previously recited, and it is unclear whether it refers back to the vent holes previously recited in claim 12. For purposes of examination, it is considered that the plurality of vent holes recited in line 6 of claim 12 refers to a plurality of vent holes on the mask.
Claims 15-20 are rejected for being either directly or indirectly depending from a rejected claim base.
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 of this title, 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.
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 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.
Claim(s) 1, 12, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huddart et al (2017/0087329) in view of Blasdell (5,419,317).
Regarding claim 1, Huddart discloses in fig 38 a device including a secondary exhaust tube (80) for venting exhaust flow remotely from a patient, wherein the secondary exhaust tube is attached to pressurized oxygen delivery system (70) (mask includes intake tube (82) for supplying oxygen to the mask) (para [0120]), wherein the device is configured for venting exhaled carbon dioxide (CO2) (secondary exhaust tube (80) exhausts exhaled gases remotely from the user), a tube (80) fixedly coupled to the mask (70) at a first end of the tube (para [0120]); and a as shown in fig 32, a distal portion of the tube includes a plurality of vent holes (66) (bias flow holes) on a second (distal) end of the tube configured for eliminating the CO2 (para [0116]).
Huddart does not disclose the device including an attachment section configured for attaching to a pressurized oxygen delivery system and covering vent holes on the pressurized oxygen delivery system.
However, Blasdell in figs 9-10 teaches an inhalation apparatus including an accessory device (60) serving as a manifold for expired gases including a secondary exhaust tube (74) (flexible conduit) for venting exhaust flow remotely from a patient (col 6, ln 55-64), wherein the secondary exhaust tube (74) is attached to a pressurized oxygen delivery system (20) (mask includes delivery conduits (48) for supplying oxygen to the mask) (col 6, ln 55-64), and including an attachment section (53) (annular bore) configured for attaching to the pressurized oxygen delivery system (20) (col 6, ln 13-25) and covering vent holes (vent holes formed by support members (37) of exhalation valve (24) shown in fig 5) on the pressurized oxygen delivery system (20) (col 5, ln 3-20).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Huddart by providing the mask with vent holes and an exhalation valve, and providing the exhaust tube with an attachment section configured for attaching to a pressurized oxygen delivery system and covering vent holes on the pressurized oxygen delivery system as taught by Blasdell in order to allow the mask to be adapted to be used with the accessory device (Blasdell, abstract).
Regarding claim 12, Huddart discloses a system for delivering pressurized oxygen to an individual, comprising: an oxygen pressurization unit (device is connected to a flow source (not shown)) (para [0075]); an oxygen delivery tube (82) (supply tube) coupled to the oxygen pressurization unit (as shown in fig 38, supply tube is connected to a supply of pressurized gas to provide gas to a mask) (para [0120]); a mask (70) coupled to the oxygen delivery tube (82) for delivering the oxygen to the individual (fig 38, para [0120]); an exhalation tube (80) having a first end coupled to the mask (70) and a second end (para [0120]); and as shown in fig 32, a distal portion of the tube includes a plurality of vent holes (66) (bias flow holes) on a second (distal) end of the tube configured for eliminating CO2 away from the individual's face (para [0116]).
Huddart does not disclose an attachment section covering a plurality of vent holes configured for capturing CO2.
However, Blasdell in figs 9-10 teaches an inhalation apparatus including an accessory device (60) serving as a manifold for expired gases including a secondary exhaust tube (74) (flexible conduit) for venting exhaust flow remotely from a patient (col 6, ln 55-64), wherein the secondary exhaust tube (74) is attached to a pressurized oxygen delivery system (20) (mask includes delivery conduits (48) for supplying oxygen to the mask) (col 6, ln 55-64), and including an attachment section (53) (annular bore) configured for attaching to the pressurized oxygen delivery system (20) (col 6, ln 13-25) and covering vent holes (vent holes formed by support members (37) of exhalation valve (24) shown in fig 5) on the pressurized oxygen delivery system (20) (col 5, ln 3-20).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Huddart by providing the mask with vent holes and an exhalation valve, and providing the exhaust tube with an attachment section configured for attaching to a pressurized oxygen delivery system and covering vent holes on the pressurized oxygen delivery system as taught by Blasdell in order to allow the mask to be adapted to be used with the accessory device (Blasdell, abstract).
Regarding claim 20, Huddart in fig 38 discloses the oxygen delivery tube (82) is coupled to the exhalation tube (80) (via the mask (70)) (para [0120]).
Claim(s) 2, 4, 13, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huddart et in view of Blasdell as applied to claims 1 and 12 above, and further in view of Heatherington (2021/0290881).
Regarding claims 2 and 13, modified Huddart discloses the attachment section (60 of Blasdell) is an elbow tube (as shown in fig 9 of BBB, attachment section is shown to be an elbow tube with cylindrical body (60 of BBB) and nipple (73)) (BBB col 6, ln 36-54) wherein the pressurized oxygen delivery system includes an elbow tube (60 of Huddart) including vent holes (44 of Huddart), and the attachment section covering the vent holes on the pressurized oxygen delivery system (BBB, col 5, ln 3-20).
Modified Huddart does not disclose attachment tabs for wrapping around an elbow tube of the pressurized oxygen delivery system.
However, Heatherington in fig 18 teaches an inhalation device including a pressurized oxygen delivery system including a mask (490) (nasal connector) and an elbow (480B) including a CO2 exhaust vent (491B), and a device (492) (diffuser cap) configured to attach to the CO2 exhaust vent (491B) and including attachment tabs (protrusions) for wrapping around an elbow tube (480B) of the pressurized oxygen delivery system (protrusions of device (492) are configured to attach to elbow tube (480B) via recessed notches (493)) (para [0117]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the attachment section of modified Huddart by substituting the annular flange attachment mechanism with an attachment mechanism comprising attachment tabs for wrapping around an elbow tube of the pressurized oxygen delivery system as taught by Heatherington, as it would be a simple substitution of one known mechanism for attaching a device to a vent of a pressurized oxygen delivery system with another, and it appears that the device of modified Huddart would perform equally well to attach an accessory device to a vent of a pressurized oxygen delivery system using a mechanism comprising attachment tabs for wrapping around an elbow tube of the pressurized oxygen delivery system. See MPEP 2143(I)(B).
Regarding claims 4 and 15, modified Huddart discloses the attachment section comprises an elbow including an annular flange (53 of Blasdell).
Modified Huddart does not disclose the attachment section comprises a plurality of tabs for wrapping around an elbow tube of the pressurized oxygen delivery system.
However, Heatherington in fig 18 teaches an inhalation device including a pressurized oxygen delivery system including a mask (490) (nasal connector) and an elbow (480B) including a CO2 exhaust vent (491B), and a device (492) (diffuser cap) configured to attach to the CO2 exhaust vent (491B) and including attachment tabs (protrusions) for wrapping around an elbow tube (480B) of the pressurized oxygen delivery system (protrusions of device (492) are configured to attach to elbow tube (480B) via recessed notches (493)) (para [0117]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the attachment section of modified Huddart by substituting the annular flange attachment mechanism with an attachment mechanism comprising attachment tabs for wrapping around an elbow tube of the pressurized oxygen delivery system as taught by Heatherington, as it would be a simple substitution of one known mechanism for attaching a device to a vent of a pressurized oxygen delivery system with another, and it appears that the device of modified Huddart would perform equally well to attach an accessory device to a vent of a pressurized oxygen delivery system using a mechanism comprising attachment tabs for wrapping around an elbow tube of the pressurized oxygen delivery system. See MPEP 2143(I)(B).
Claim(s) 3 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huddart et in view of Blasdell as applied to claims 1 and 12 above, and further in view of Blasdell et al (2017/0259018) (“Blasdell ‘018”)
Regarding claims 3 and 14, modified Huddart discloses the attachment section comprises an elbow including an annular flange (53 of Blasdell) and covering the vent holes on the pressurized oxygen delivery system (BBB, col 5, ln 3-20)
Modified Huddart does not disclose the attachment section is a mask having attachment tabs for attaching to a mask of the pressurized oxygen delivery system.
However, Blasdell ‘018 in figs 3-7 teaches an inhalation mask assembly including a pressurized oxygen delivery system including a mask (51) (para [0028]), and an accessory device including a mask (90) (cup) (para [0031]) including an exhaust tube (125) and attachment tabs (110) (pair of cylindrical sidewalls) for attaching to the mask (para [0032]) and configured to cover a vent (80) on the mask (51) (para [0035]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Huddart by substituting the elbow with an annular flange attachment mechanism with an attachment mechanism comprising mask having attachment tabs for attaching to a mask of the pressurized oxygen delivery system as taught by Blasdell ‘018, as it would be a simple substitution of one known mechanism for attaching a device to a vent of a pressurized oxygen delivery system with another, and it appears that the device of modified Huddart would perform equally well to attach an accessory device to a vent of a pressurized oxygen delivery system using an attachment mechanism comprising a mask having attachment tabs for attaching to a mask of the pressurized oxygen delivery system. See MPEP 2143(I)(B).
Claim(s) 5 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huddart et in view of Blasdell as applied to claims 1 and 12 above, and further in view of Luo (11,975,150)
Regarding claims 5 and 16, modified Huddart discloses the attachment section comprises an elbow including an annular flange (53 of Blasdell).
Modified Huddart does not disclose the attachment section comprises a plurality of tabs for wrapping around a mask of the pressurized oxygen delivery system.
However, Luo in figs 1-6 teaches a respiratory device including nasal mask (6) including a frame (3) (col 8, ln 44-48), a gas delivery hose (2) shown in fig 2 to include an attachment section comprising an elbow (21) exhaust end connector) at a proximal end, and wherein the attachment section (21) includes a plurality of tabs (213) (hooking pieces) (col 9, ln 12-21) for wrapping around a mask (3) of the pressurized oxygen delivery system (fig 6, col 9, ln 22-59).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device by substituting the annular flange attachment mechanism with an attachment mechanism comprising a plurality of tabs for wrapping around a mask of the pressurized oxygen delivery system as taught by Luo, as it would be a simple substitution of one known mechanism for attaching a device to a vent of a pressurized oxygen delivery system with another, and it appears that the device of modified Huddart would perform equally well to attach an accessory device to a vent of a pressurized oxygen delivery system using an attachment mechanism comprising a plurality of tabs for wrapping around a mask of the pressurized oxygen delivery system. See MPEP 2143(I)(B).
Claim(s) 6 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huddart et in view of Blasdell as applied to claims 1 and 12 above, and further in view of Heatherington and Klinkenberg (2021/0030990).
Regarding claims 6 and 17, modified Huddart discloses the attachment section comprises an elbow including an annular flange (53 of Blasdell).
Modified Huddart does not disclose the attachment section comprises a plurality of tabs for wrapping around an elbow tube of the pressurized oxygen delivery system and the tabs comprise an airtight structure configured for not allowing CO2 to escape before being expelled.
However, Heatherington in fig 18 teaches an inhalation device including a pressurized oxygen delivery system including a mask (490) (nasal connector) and an elbow (480B) including a CO2 exhaust vent (491B), and a device (492) (diffuser cap) configured to attach to the CO2 exhaust vent (491B) and including attachment tabs (protrusions) for wrapping around an elbow tube (480B) of the pressurized oxygen delivery system (protrusions of device (492) are configured to attach to elbow tube (480B) via recessed notches (493)) (para [0117]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the attachment section of modified Huddart by substituting the annular flange attachment mechanism with an attachment mechanism comprising attachment tabs for wrapping around an elbow tube of the pressurized oxygen delivery system as taught by Heatherington, as it would be a simple substitution of one known mechanism for attaching a device to a vent of a pressurized oxygen delivery system with another, and it appears that the device of modified Huddart would perform equally well to attach an accessory device to a vent of a pressurized oxygen delivery system using a mechanism comprising attachment tabs for wrapping around an elbow tube of the pressurized oxygen delivery system. See MPEP 2143(I)(B).
The now-modified Huddart’s device does not disclose the tabs comprise an airtight structure configured for not allowing CO2 to escape before being expelled.
However, Klinkenberg teaches a respiratory device including a plurality of tabs (7730) (clip member) to connect an elbow (7710) (elbow member) to a swivel connector (7790) (para [0178]), wherein the tabs (7730) comprise an airtight structure (provides a sealed air flow path for delivery of pressurized gas through the elbow assembly (7700) to the patient interface (6000)) (para [0181]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Huddart so that the tabs comprise an airtight structure configured for not allowing CO2 to escape before being expelled as taught by Klinkenberg in order to provide a sealed air flow path (Klinkenberg, para [0181]), which would prevent leaks.
Claim(s) 7 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huddart et in view of Blasdell as applied to claims 1 and 12 above, and further in view of Luo and Klinkenberg
Regarding claims 7 and 18, modified Huddart discloses the attachment section comprises an elbow including an annular flange (53 of Blasdell).
Modified Huddart does not disclose the attachment section comprises a plurality of tabs for connecting to a mask of the pressurized oxygen delivery system
However, Luo in figs 1-6 teaches a respiratory device including nasal mask (6) including a frame (3) (col 8, ln 44-48), a gas delivery hose (2) shown in fig 2 to include an attachment section comprising an elbow (21) exhaust end connector) at a proximal end, and wherein the attachment section (21) includes a plurality of tabs (213) (hooking pieces) (col 9, ln 12-21) for connecting to a mask (3) of the pressurized oxygen delivery system (fig 6, col 9, ln 22-59).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device by substituting the annular flange attachment mechanism with an attachment mechanism comprising a plurality of tabs for connecting to a mask of the pressurized oxygen delivery system as taught by Luo, as it would be a simple substitution of one known mechanism for attaching a device to a vent of a pressurized oxygen delivery system with another, and it appears that the device of modified Huddart would perform equally well to attach an accessory device to a vent of a pressurized oxygen delivery system using an attachment mechanism comprising a plurality of tabs for wrapping around a mask of the pressurized oxygen delivery system. See MPEP 2143(I)(B).
The now-modified Huddart’s device does not disclose the tabs comprise an airtight structure configured for not allowing CO2 to escape before being expelled.
However, Klinkenberg teaches a respiratory device including a plurality of tabs (7730) (clip member) to connect an elbow (7710) (elbow member) to a swivel connector (7790) (para [0178]), wherein the tabs (7730) comprise an airtight structure (provides a sealed air flow path for delivery of pressurized gas through the elbow assembly (7700) to the patient interface (6000)) (para [0181]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Huddart so that the tabs comprise an airtight structure configured for not allowing CO2 to escape before being expelled as taught by Klinkenberg in order to provide a sealed air flow path (Klinkenberg, para [0181]), which would prevent leaks.
Claim(s) 8 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huddart et in view of Blasdell as applied to claims 1 and 12 above, and further in view of Ng et al (2009/0050156)
Regarding claim 8, modified Huddart discloses vent holes on the second end of the tube.
Modified Huddart does not disclose the vent holes on the second end of the tube are formed in a half sphere.
However, Ng in fig 4-2A-C teaches a mask including a vent cap (2300) including a plurality of vent holes (2330) (para [0234]), and wherein the vent holes (2330) are formed in a half sphere (vent holes (2330) are formed on dome (2340) which may have a hemispherical shape) (para [0235]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Huddart so that the vent holes on the second end of the tube are formed in a half sphere as taught by Ng in order to provide an arrangement in order to help to direct air flow in long, thin paths so as to maintain more fully developed and/or laminar flow and direct exhaust flow up and out from the mask (Ng, para [0235]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huddart et in view of Blasdell as applied to claim 1 above, and further in view of Kunz et al (2014/0332005).
Regarding claim 9, modified Huddart discloses an oxygen delivery system.
Modified Huddart does not disclose a plurality of connectors for attaching to the oxygen delivery system.
However, Kunz in figs 1-5 teaches a respiratory device including an oxygen delivery system including a first proximal breathing tube (4) comprising an inspiratory tube (para [0067]) and a nasal adaptor (2) (para [0066]), and a second proximal breathing tube (4) comprising an expiratory tube (para [0067]), and as shown in fig 5, a plurality of connectors (21) (holding clamps) for attaching the first and second proximal breathing tubes together (para [0079]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Huddart by providing a plurality of connectors comprising holding clamps to connect the expiratory tube of the device to an inspiratory tube of the oxygen delivery system as taught by Kunz in order to allow the device to connect the expiratory tube of the device with an inspiratory tube of an oxygen delivery system (Kunz, para [0079]).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huddart et in view of Blasdell and Kunz et al as applied to claim 9 above, and further in view of Ormonde (2019/0293096).
Regarding claim 10, modified Huddart discloses a plurality of connectors (21 of Kunz).
Modified Huddart does not disclose the connectors are flexible.
However, Ormonde teaches a medical line management device including a connector (10) (grip) for organization of medical hoses and/or catheters (abstract), wherein the connector (10) may be formed of a flexible material such as silicone or rubber (para [0134]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Huddart so that the connectors are formed of a flexible material such as rubber, as the use of a flexible material such as rubber to form a tube connector is known in the art, and it appears that the device of modified Huddart would perform equally well to connect a pair of hoses if the connector was made of a flexible material such as rubber. See MPEP 2103(I)(A).
Regarding claim 11, modified Huddart discloses a plurality of connectors are shown to be configured as bands (21 of Kunz).
Modified Huddart does not disclose the connectors are metal bands.
However, Ormonde teaches a medical line management device including a connector (10) (grip) for organization of medical hoses and/or catheters (abstract), wherein the connector (10) may include bands (4) (arms) (para [0136])), and wherein the connector (10) may be formed of metal (para [0134]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Huddart so that the connectors are metal bands, as the use of a connector made of metal and having arms formed as bands is known in the art, and it appears that the device of modified Huddart would perform equally well to connect a pair of hoses if the connector was made of metal and includes arms formed as bands. See MPEP 2103(I)(A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Tero (2014/0066801), Ho et al (2012/0266884), Nashed (2005/0145247), and Brady (12,083,273) disclose respiratory devices including attachments for an expiratory port.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS YOUNG SUL whose telephone number is (571)270-5260. The examiner can normally be reached on Monday-Friday 8:30 am-5 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS Y SUL/Examiner, Art Unit 3785