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 .
Response to Preliminary Amendment
This office action is in response to the preliminary amendment filed on 05/03/2023. Per the amendment claims 1-8 are as currently amended. As such, claims 1-8 are pending in the instant application. The amendments to the abstract and specification have been considered by the Examiner and are accepted.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 3: “(1)” should be removed for consistency.
Appropriate correction is required.
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.
Claims 1, 3-4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Marinkovich (US 4697587 A) in view of Wollenhaupt (US 4909245 A) in view of Loescher et al. (US 5005568 A), hereinafter Loescher, in view of Northway-Meyer (US 4848331 A).
Regarding claim 1, Marinkovich discloses an artificial respiration apparatus for first aid (resuscitation device D; Fig. 1), comprising
a blowing device (resuscitation device D; Fig. 1) comprising
a ventilation pipe (37; Fig. 5),
a first connecting block (groove of tongue and groove joint 40; Fig. 5) is provided on an other end of the ventilation pipe (see Fig. 5 where groove of tongue and groove joint 40 is located on a lower end of 37),
an intraoral ventilation pipe (12; Fig. 5) is provided on one end, away from the ventilation pipe, of the first connecting block (see Fig. 5 where 12 is provided on groove of tongue and groove joint 40 via the tongue of tongue and groove joint 40),
a second connecting block (tongue of tongue and groove joint 40; Fig. 5) is provided on one end, close to the first connecting block, of the intraoral ventilation pipe (see Fig. 5 where tongue of tongue and groove joint 40 is located on an upper end of 12),
the intraoral ventilation pipe (12; Fig. 5) is connected with the ventilation pipe (37; Fig. 5) through the second connecting block and the first connecting block (12 and 37 are connected via tongue and groove joint 40; Fig. 5; col. 2, lines 46-51), and
a bypass pipe (32; Fig. 4) is provided on one side of the ventilation pipe (32 is provided on one side of 37, see Fig. 4).
Marinkovich does not disclose an adhesive film, wherein a fixing block is provided on an upper end of the adhesive film,
a first adhesive strip is provided on a lower end of the adhesive film,
a second adhesive strip is also provided on the lower end of the adhesive film, and
a blowing device (resuscitation device D; Fig. 1) inserted in the fixing block;
wherein the blowing device (resuscitation device D; Fig. 1) further comprises
a ventilation pipe (37; Fig. 5), one end of the ventilation pipe passes through the adhesive film and the fixing block in sequence from the lower end of the adhesive film, and
an upper end of the bypass pipe (upper end of 32; Fig. 4) passes through the adhesive film and the fixing block in sequence.
However, Wollenhaupt teaches a plastic sheet (1; Figs. 1 and 5) provided with slits (1’; Fig. 5), a flexible plastic sheet (3; Figs. 1 and 5) located on an upper surface of the plastic sheet (Figs. 2-3), and an adhesive strip (5; Fig. 1) located on a lower surface of the plastic sheet (Figs. 1 and 5). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Marinkovich with Wollenhaupt such
an adhesive film (Wollenhaupt: 1; Fig. 1), wherein a fixing block (Wollenhaupt: 3; Fig. 1) is provided on an upper end of the adhesive film (Wollenhaupt: 3 is provided on an upper side of 1, see Figs. 2-3),
an adhesive strip provided on a lower end of the adhesive film (5 is located on a lower end of 1, see Figs. 1 and 5, where the device in Fig. 5 is oriented in such a way that a patient-facing side, or lower side, is facing upward), and
a blowing device (resuscitation device D; Fig. 1) inserted in the fixing block (resuscitation device D is inserted into Wollenhaupt 3 via slits 3’ of Wollenhaupt);
wherein the blowing device (resuscitation device D; Fig. 1) further comprises
a ventilation pipe (37; Fig. 5), one end of the ventilation pipe passes through the adhesive film and the fixing block in sequence from the lower end of the adhesive film (upper end of 37 passes through Wollenhaupt 1 and Wollenhaupt 3 in sequence as the juncture of an upper end of 37 and 16 is located above Wollenhaupt 3, and therefore is also located above Wollenhaupt 1), and
an upper end of the bypass pipe (upper end of 32; Fig. 4) passes through the adhesive film and the fixing block in sequence (upper end of 32 passes through Wollenhaupt 1 and Wollenhaupt 3 as 16 is provided on an upper side of Wollenhaupt 3, and therefore is also located above Wollenhaupt 1, and a lower end of 32 is provided below 16, hence the lower end of 32 is located below Wollenhaupt 1 and Wollenhaupt 3) to secure a barrier between a rescuer and a person to be rescued during manual resuscitation such that the rescuer can perform other functions (Wollenhaupt: col. 3, lines 24-28), and to limit direct contact between a person to be rescued and a rescuer to minimize spread of disease and infection (Wollenhaupt: col. 1, lines 10-12 and lines 17-18).
Marinkovich as modified by Wollenhaupt does not explicitly teach a first adhesive strip is provided on a lower end of the adhesive film, and a second adhesive strip is also provided on the lower end of the adhesive film. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to duplicate the adhesive strip (Wollenhaupt: 5; Fig. 1) such that two parallel peripheral edges of the adhesive film (Wollenhaupt: 1; Fig. 1) are provided with an adhesive strip (see Annotated Wollenhaupt Fig. 5 below) to improve the stability and longevity of the attachment of the adhesive film (Wollenhaupt: 1; Fig. 1) to a patient’s face since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art and one of ordinary skill in the art would have had reasonable expectation of success. See MPEP 2144.04 St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
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Annotated Wollenhaupt Fig. 5
Marinkovich as modified above fails to explicitly teach the blowing device (resuscitation device D; Fig. 1) further comprising
a connecting pipe is provided on an upper end of the ventilation pipe and located above the fixing block,
an air inlet pipe is provided on one end, away from the ventilation pipe, of the connecting pipe,
a filter is provided on one end, away from the connecting pipe, of the air inlet pipe, and
a blowing port is formed in one end, away from the air inlet pipe, of the filter.
However, Loescher teaches a device for administering artificial respiration (Abstract) including a pipe (12; Figs. 1 and 4), a cap portion (40; Figs. 1 and 4), a filter (20; Fig. 1), and an inlet pipe (22; Figs. 1 and 4) connected to a mouthpiece (25; Fig. 4). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Marinkovich with the above structures of Loescher such that teach the blowing device (resuscitation device D; Fig. 1) further comprises
a connecting pipe (Loescher: 12; Fig. 1) is provided on an upper end of the ventilation pipe (12 of Loescher is provided on an upper end of 37 of Marinkovich) and located above the fixing block (upper end 37 of Marinkovich is located above 3 of Wollenhaupt),
an air inlet pipe (Loescher: 40; Figs. 1 and 4) is provided on one end, away from the ventilation pipe, of the connecting pipe (40 of Loescher is provided at an upper end of Loescher 12, where the upper end of Loescher 12 is away from Marinkovich 37),
a filter (Loescher: 20; Fig. 1) is provided on one end, away from the connecting pipe, of the air inlet pipe (Loescher 20 is provided on an upper end of Loescher 40, where the upper end of Loescher 40 is away from Loescher 12, see Fig. 1),
a blowing port (Loescher: 22; Figs. 1 and 4) is formed in one end, away from the air inlet pipe, of the filter (Loescher 22 is provided at an upper side of Loescher 20, where the upper side of Loescher 20 is located away from Loescher 40, see Figs. 1 and 4) to minimize the exposure of either the rescuer or the person to be rescued cross-contamination of communicable diseases during use (Loescher: col. 1, lines 21-23).
Marinkovich as modified above fails to teach a protective plug is provided on the upper end of the bypass pipe.
However, Northway-Meyer teaches a suction channel plug (190; Fig. 12). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Marinkovich with Northway-Meyer such that a protective plug (Northway-Meyer: plug 190; Fig. 12) is provided on the upper end of the bypass pipe (Northway-Meyer’s plug 190 is provided at the upper end of Marinkovich 32) to seal off the opening of the bypass pipe (Northway-Meyer: col. 16, lines 447-48).
Regarding claim 3, while Marinkovich as modified teaches the second adhesive strip (Wollenhaupt: 5; Fig. 5) as shown above (see claim 1 above), Marinkovich as modified does not explicitly teach the second adhesive strip (Wollenhaupt: 5; Fig. 5) being set as a triangle. Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the shape of the second adhesive strip (Wollenhaupt: 5; Fig. 5) as desired (e.g., to bet set as a triangle) in the modified Marinkovich device because Applicant has not disclosed that the shape of second adhesive strip (Wollenhaupt: 5; Fig. 5) being set as a triangle provides an advantage, is used for a particular purpose, or solves a stated problem. Specifically, Applicant has disclosed the triangular shape of second adhesive strip is to facilitate the second adhesive strip to be attached to the nose of a person to be rescued (Applicant specification [0034]). One of ordinary skill in the art, furthermore, would have expected the second adhesive strip (Wollenhaupt: 5; Fig. 5) of Marinkovich as modified in claim 1, and Applicant’s second adhesive strip, to perform equally well because both mechanisms perform the same function of facilitating attachment to the nose of a person to be rescued (see Wollenhaupt col. 5, lines 3-5). Therefore, it would have been prima facie obvious to further modify Marinkovich to obtain the invention as specified in claim 3 because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the desired triangular setting of the second adhesive strip (Wollenhaupt: 5; Fig. 5) and thus fails to patentably distinguish over the prior art of Marinkovich as modified.
Regarding claim 4, Marinkovich as modified teaches the invention as set forth in claim 1, wherein a blowing cover (Loescher: 25; Fig. 4) is provided on one end, away from the filter, of the blowing port (Loescher 25 is provided on one end of Loescher 22, where the one end of Loescher 22 is located away from Loescher 20; Figs. 1 and 4).
Regarding claim 6, Marinkovich as modified teaches the invention as set forth in claim 1, but fails to teach wherein a ventilation port is formed in a surface of the intraoral ventilation pipe, and the ventilation port passes through a shell wall of the intraoral ventilation pipe.
However, Northway-Meyer teaches an oral airway (150; Figs. 1, 12, 21) with intercommunicating apertures (166, 168, 172, 174; Figs. 12 and 21). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Marinkovich with Northway-Meyer such that a ventilation port (Northway-Meyer: at least one of 166, 168, 172, 174; Figs. 12 and 21) is formed in a surface of the intraoral ventilation pipe (at least one of 166, 168, 172, 174, as taught by Northway-Meyer, is formed in a surface of Marinkovich 12), and the ventilation port passes through a shell wall of the intraoral ventilation pipe (at least one of 166, 168, 172, 174, as taught by Northway-Meyer, passes through a wall of Marinkovich 12 as at least one of 166, 168, 172, 174, as taught by Northway-Meyer, is formed in a surface of Marinkovich 12) to guarantee gas flow is provided to the patient when the outlet of the intraoral ventilation pipe is blocked (Northway-Meyer: col. 21, lines 6-13).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Marinkovich as modified in claim 1 above, and further in view of Sniadach (US 20030024533 A1).
Regarding claim 2, Marinkovich as modified teaches the invention as set forth in claim 1, but fails to teach wherein a plurality of bundling belts are provided on an upper end of the fixing block.
However, Sniadach teaches securing straps (28; Figs. 3 and 11) attached to an upper surface of a clear plastic face (32; Fig. 3) via strap studs (30; Fig. 3; [0042]). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Marinkovich with Sniadach such that strap studs (Sniadach: 30; Fig. 3) are provided on an upper surface of the fixing block (Wollenhaupt: 3; Fig. 5) and a plurality of bundling belts (Sniadach: plurality of 28, see Fig. 3) are provided on an upper end of the fixing block (plurality of Sniadach 28 provided on an upper surface of Wollenhaupt 3 via Sniadach 30) to snugly fit the fixing block to the patient’s face and prevent air, or gas, flow leaks during use of the device (Sniadach: [0045]; [0046], lines 3-4).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Marinkovich as modified in claim 1 above, and further in view of Laeral (US 3695264 A).
Regarding claim 5, Marinkovich as modified teaches the invention as set forth in claim 1, but fails to teach wherein a plurality of adhesive tapes are provided on the upper end of the adhesive film, one end of each of the adhesive tapes is fixedly connected with the adhesive film, and an other end of each of the adhesive tapes is adhered to the adhesive film.
However, Laeral teaches a mask portion (3; Fig. 7) including two looped tapes (26, 27; Figs. 7 and 8), where the looped tapes are provided on a top side of the mask portion (3; Fig. 7), wherein each end of each of the two looped tapes (each end of 26, each end of 27) is connected to the top side of the mask portion (each end of 26 and each end of 27 is connected to a top side of mask portion 3 at point 25; Figs. 7 and 8). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Marinkovich with Laeral such that a plurality of adhesive tapes are provided on the upper end of the adhesive film (Laeral 26 and Laeral 27 are provided on an upper surface of Wollenhaupt 1), one end of each of the adhesive tapes is fixedly connected with the adhesive film, and an other end of each of the adhesive tapes is adhered to the adhesive film (each end of Laeral 26 and Laeral 27 are connected to an upper surface of Wollenhaupt 1) to decrease the size of the device for storage and improved portability (Laeral: col. 2, lines 28-31; col. 4, lines 43-46).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Marinkovich as modified in claim 1 above, and further in view of Lambert (US 5042468 A).
Regarding claim 7, Marinkovich as modified teaches the invention as set forth in claim 1, but fails to teach wherein a double-sided adhesive tape is provided on a lower end of the fixing block, and the fixing block is bonded and connected to the adhesive film through the double-sided adhesive tape.
However, Lambert teaches attaching an exchanger (14; Fig. 2) to a holder (12; Fig. 2) via double-sided tape (13; Fig. 2; col. 3, lines 1-5). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Marinkovich with Lambert such that a double-sided adhesive tape (Lambert: 13; Fig. 2) is provided on a lower end of the fixing block (Lambert 13 is provided on a lower surface of Wollenhaupt 3), and the fixing block is bonded and connected to the adhesive film through the double-sided adhesive tape (Wollenhaupt 3 is attached to Wollenhaupt 1 via Lambert 13) to provide a detachable connection between the fixing block and the adhesive film (Lambert: col. 3, lines 1-2).
Regarding claim 8, Marinkovich as modified teaches the invention as set forth in claim 1, wherein an adhesive area (Lambert: area double-sided tape 13 is provided on) is provided on the upper end of the adhesive film and located below the fixing block (double-sided tape 13 of Lamber is provided on an upper end of Wollenhaupt 1 and located below Wollenhaupt 3 to provide attachment between Wollenhaupt 1 and Wollenhaupt 3 for increased stability), and a connecting port is formed inside the adhesive area (Wollenhaupt: 1’; Figs. 3 and 6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ru et al. (CN 2751837 Y): Regarding a manual respiration device with an adhesive barrier between the rescuer and the person to be rescued, and a blowing device to deliver air from the rescuer to the person to be rescued.
Gerson (US 5119809 A): Regarding a mouth-to-mouth manual respiration device with a valve and barrier.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAYLE DALE whose telephone number is (571)272-1080. The examiner can normally be reached Monday-Friday from 8:45am to 5:45pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABIGAYLE DALE/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785