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 Amendment
This office action is in response to the amendment filed 04/29/26. Claims 1, 3, and 12 have been amended, no new claims have been added, and no claims have been cancelled. Thus, claims 1-20 are presently pending in this application.
Claim Objections
Claims 5, 8-9, 12, 15, and 18-19 objected to because of the following informalities:
In claim 5, line 4 "a distal end" should be changed to --the distal end--.
In claim 8, line 9 "a first valve setting" should be changed to --a fourth valve setting--.
In claim 8, line 12 "a second valve setting" should be changed to --a fifth valve setting--.
In claim 9, line 2 "a third valve setting" should be changed to --a sixth valve setting--.
In claim 12, line 1 “the respiratory” should be changed to --a respiratory--.
In claim 15, line 4 "a distal end" should be changed to --the distal end--.
In claim 18, line 8 "a first valve setting" should be changed to --a fourth valve setting--.
In claim 18, line 8 "a second valve setting" should be changed to --a fifth valve setting--.
In claim 18, line 15 "a second valve setting" should be changed to --the fifth valve setting--.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-5, 12-13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipate by Baran (6,729,334).
With respect to claim 1, Baran discloses a system for administering an aerosolized liquid to a respiratory system of a patient (see fig 39 and col. 24, lines 41-43), the system comprising a patient interface including a laryngeal mask airway (see system in fig 1) comprising a tracheal tube (628, fig 39) and a laryngeal cuff (see 12 in fig 1) located at a distal end of the tracheal tube (see fig 1); wherein the tracheal tube is configured to deliver a ventilator airflow from a ventilator to the respiratory system if the patient (see col. 6, lines 41-44); an aerosolization device (nebulization catheter system; 627, fig 39) comprising a liquid delivery device (liquid supplied from a liquid source) configured to deliver a liquid (see fig 1); a gas flow generator (secondary gas supply; see col. 24, lines 51-56) configured to generate a gas flow (pressurized gas); and a sprayer (629, fig 39) comprising a catheter (627, fig 31) including a first lumen (space in tubing 630, fig 39) configured to receive the gas flow at the proximal end (see col. 24, lines 48-51), a second lumen (space in tubing 631, fig 39) configured to receive a flow of the liquid at the proximal end (see col. 24, lines 45-47) and a spray tip (distal tip end; see col. 24, lines 62-65) at the distal end of the catheter configured to aerosolize the flow of the liquid using the gas flow (see col. 24, lines 62-65), wherein the first lumen extends through the second lumen (see fig 39).
With respect to claim 2, Baran discloses the catheter includes a first tube (see tube 630, fig 39) forming the first lumen (see col. 24, lines 48-51), and a second tube (see tube 631, fig 39) forming the second lumen (see col. 24, lines 45-47); the first tube extends through the second tube (see fig 39).
With respect to claim 4, Baran discloses a distal end of the first tube is disconnected from a distal end of the second tube (see the distal ends of 630 and 631 disconnected from one another in fig 39), wherein the distal end of the first tube is cantilevered (see 630 cantilevered in the catheter 629 in fig 39).
With respect to claim 5, Baran discloses the spray tip comprises a distal end of the first tube and a distal end of the second tube, and the distal end of the first tube is recessed into the distal end of the second tube (see fig 39 where the second tube 631 is recessed from the distal end of the first tube 630).
With respect to claim 12, Baran discloses a system for administering an aerosolized liquid to a respiratory system of a patient (see fig 39 and col. 24, lines 41-43), the system comprising a patient interface including a laryngeal mask airway (see system in fig 1) comprising a tracheal tube (628, fig 39) and a laryngeal cuff (see 12 in fig 1) located at a distal end of the tracheal tube (see fig 1); wherein the tracheal tube is configured to deliver a ventilator airflow from a ventilator to the respiratory system if the patient (see col. 6, lines 41-44); an aerosolization device (nebulization catheter system; 627, fig 39) comprising a liquid delivery device (liquid supplied from a liquid source) configured to deliver a liquid (see fig 1); a gas flow generator (secondary gas supply; see col. 24, lines 51-56) configured to generate a gas flow (pressurized gas); and a sprayer (629, fig 39) comprising a catheter (627, fig 31) including a first lumen (space in tubing 630, fig 39) configured to receive the gas flow at the proximal end (see col. 24, lines 48-51), a second lumen (space in tubing 631, fig 39) configured to receive a flow of the liquid at the proximal end (see col. 24, lines 45-47) and a spray tip (distal tip end; see col. 24, lines 62-65) at the distal end of the catheter configured to aerosolize the flow of the liquid using the gas flow (see col. 24, lines 62-65), wherein the first lumen extends through the second lumen (see fig 39) the method comprising: inserting the distal end of the tracheal tube into the throat of the patient and positioning the laryngeal cuff in the pharynx of the throat; inserting the distal end of the catheter into the tracheal tube; delivering a gas flow generated by the gas flow generator through the first lumen from the proximal end of the catheter to the spray tip; delivering a flow of a liquid discharged from the liquid delivery device through the second lumen from the proximal end of the catheter to the spray tip; aerosolizing the liquid using the gas flow at the spray tip; and delivering the aerosolized liquid to the respiratory system of the patient through the tracheal tube (see col. 24, lines 41-62; where the device of Baran performs the function; see also col. 9, lines 3-19).
With respect to claim 13, Baran discloses the catheter includes a first tube (see tube 630, fig 39) forming the first lumen (see col. 24, lines 48-51), and a second tube (see tube 631, fig 39) forming the second lumen (see col. 24, lines 45-47); the first tube extends through the second tube (see fig 39).
With respect to claim 15, Baran discloses the spray tip comprises a distal end of the first tube and a distal end of the second tube, and the distal end of the first tube is recessed into the distal end of the second tube (see fig 39 where the second tube 631 is recessed from the distal end of the first tube 630).
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.
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) 3 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baran in view of Baran (6,729,334).
With respect to claims 3 and 14, Baran discloses all the elements as claimed above but lacks the catheter includes at least one rib extending between the first and second tubes, and along a longitudinal axis of the tubes.
However, Baran teaches a catheter (52, fig 5) includes at least one rib extending between a first and second tubes (see ribs (unlabeled) between 20 and 52 in fig 5), and along a longitudinal axis of the tubes (see the ribs extending from 20 to 52 in fig 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second tube of Baran to include ribs as taught by Baran so as to hold the tubes in place in relation to one another to avoid moving out of place during use.
Claim(s) 6-7 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baran in view of Di Capua (8,631,790).
With respect to claims 6 and 16, Baran discloses the gas flow generator includes a source of compressed gas (pressurized gas; see col. 24, lines 48-53) but is silent regarding a first valve configured to control a fluidic connection between the source of compressed gas and a first flow pathway connected to the first lumen; and a controller configured to selectively adjust the first valve to a first valve setting, in which the source of compressed gas is fluidically connected to the first flow pathway and the gas flow travels through the first flow pathway to the first lumen, and a second valve setting, in which the source of compressed gas is fluidically disconnected to the first flow pathway and the first lumen.
However, Di Capua teaches a ventilator system (10, fig 1) including a source of compressed gas (122, fig 2A); a first valve (control valve; 104, fig 2A) configured to control a fluidic connection between the source of compressed gas and a first flow pathway connected to a first lumen (see col. 5, lines 46-57); and a controller (electrical control system; 300, fig 4) configured to selectively adjust the first valve to a first valve setting (ON), in which the source of compressed gas is fluidically connected to the first flow pathway (see col. 8, lines 23-64) and the gas flow travels through the first flow pathway to the first lumen (see fig 2A) and a second valve setting (OFF), in which the source of compressed gas is fluidically disconnected to the first flow pathway and the first lumen (see col. 8, lines 23-64).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Baran to include the source of compressed gas and control valves with intervening structure as taught by Di Capua so as to provide automated ventilation to a patient.
With respect to claims 7 and 17, the modified Baran shows the first valve is configured to control a fluidic connection between the first flow pathway and atmospheric pressure (see col. 8, lines 37-40 of Di Capua); and the controller is configured to selectively adjust the first valve to a third valve setting, in which the first valve fluidically connects the first flow pathway to atmospheric pressure and the source of compressed gas is disconnected from the first flow pathway (see col. 8, lines 23-64 of Di Capua).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baran in view of Bartlett (2017/0095628).
With respect to claim 11, Baran discloses the liquid delivery device (liquid supply) but is silent regarding the liquid delivery device comprises a pump consisting of a syringe pump.
However, Bartlett teaches an airway device (fig 16B) comprising a pump (see [0108]) consisting of a syringe pump (see [0063 and 108]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the liquid delivery device of Baran to include a syringe pump as taught by Bartlett so as to provide a well-known delivery of fluid from an outside liquid source.
Allowable Subject Matter
Claims 8-10 and 18-20 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.
Response to Arguments
The arguments to the newly added claim limitations in claims 1-20 have been addressed in the above rejections.
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 KELSEY E BALLER whose telephone number is (571)272-8153. The examiner can normally be reached Monday - Friday 8 AM - 4 PM.
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/KELSEY E BALLER/Examiner, Art Unit 3785
/TU A VO/Primary Examiner, Art Unit 3785
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