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 Objections
Claim 2 is objected to because of the following informalities:
Claim 2 recites “A forced air warming device” in line 2. It should read as –a forced air warming device--. Appropriate correction is required.
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 2-4 and 6-12 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the first surface" in line 17. There is insufficient antecedent basis for this limitation in the claim. Claim 6-12 depend on claim 2 and therefore are rejected.
Claim 3 recites the limitation "the first surface of the inner " in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 3 depends on claim 1 which does not include this limitation. Claim 4 depends on claim 3 and therefore is rejected
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.
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.
Claims 1-4, 6-14 and 16-22 are rejected under 35 U.S.C. 103 as being unpatentable over Van Duren et al. (US 6,447,538) in view of Lehmann et al. (US 2014/0001745).
Regarding claim 1, Van Duren discloses a forced air patient warming system, comprising: a forced air warming device (fig.1;heater/blower unit 18) including a device body (fig.1); an air outlet port (fig.8A; port 19) on the device body, the air outlet port including an outer coupling (the protruding element of port 19), the outer coupling comprising; a first electrical coupling in communication with the device body (see annotated figure below); a hose for coupling to the air outlet port see annotated figure below), the hose comprising: a proximal end (the proximal hose) and a distal end (distal end of hose) opposite the proximal end (see annotated figure below); an opening (an opening at the distal end of the hose) at the distal end of the hose for receiving forced air from the outlet port (see annotated figure below); a first wiring extending from the distal end of the hose to the proximal end of the hose (see annotated figure below); a second electrical coupling in communication with the first wiring (see annotated figure below); a patient warming device comprising coupled to the proximal end of the hose (see annotated figure below), the patient warming unit comprising an interface in communication with the first wiring; and wherein the interface comprises an actuator for controlling operation of the forced air warming device (fig.1). However, Van Duren a wall defining a periphery of the outer coupling, the wall including a tab extending inwardly from an inner surface of the wall a cam rotationally secured to the hose, the cam comprising: an outer surface and an inner surface opposite the outer surface; a groove on the outer surface of the cam for receiving and retaining the tab of the outer wall of the outer coupling, wherein rotation of the cam in a first direction secures the hose to the outer coupling to form a seal between the hose and the air outlet port.
Lehmann teaches a quick connect and disconnect mechanism for fluid system. The system includes a couple systems typically includes a first connector and a second connector (abstract). The coupler system (fig.23-28, coupler system 104) includes a wall (fig.23; coupling ring 184) defining a periphery of the outer coupling (fig.24), the wall including a tab (pin 202) extending inwardly from an inner surface of the wall (fig.25) and a cam (female connector 134) rotationally secured to the hose (fig.23), the cam comprising: an outer surface and an inner surface opposite the outer surface; a groove (fig.28; grooves 224) on the outer surface of the cam for receiving and retaining the tab of the outer wall of the outer coupling (fig.23-28), wherein rotation of the cam in a first direction secures the hose to the outer coupling to form a seal between the hose and the air outlet port (fig.25, see also [0149]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the Application was effectively filed to modify the device of Van Duren with a quick connect and disconnect mechanical that includes a wall with tab, cam with groove that are rotationally secured to a hose as taught by Lehmann for the purpose having secured and fast attaching mechanism.
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Regarding claim 2, Van Duren a forced air patient warming system, comprising: a forced air warming device including a device body (see annotated figure below); an air outlet port on the device body (see annotated figure below), the air outlet port including an outer coupling (see annotated figure below), the outer coupling comprising; a hose for coupling to the air outlet port (see annotated figure below), the hose comprising: a proximal end and a distal end opposite the proximal end (see annotated figure below); an opening at the distal end of the hose for receiving forced air from the air outlet port (see annotated figure below).
However, Van Duren does not disclose a wall defining a periphery of the outer coupling the wall including a tab extending inwardly from an inner surface of the wall; a flange extending inwardly from an inner surface of the outer coupling; a cam rotationally secured to the hose, the cam comprising: an outer surface and an inner surface opposite the outer surface; a groove on the outer surface for receiving and retaining the tab of the outer wall of the outer coupling; wherein upon coupling of the hose to the air outlet port, rotation of the cam in a first direction secures the hose to the outer coupling to form a seal between the distal end of the hose and the first surface of the inner flange.
Lehmann teaches a quick connect and disconnect mechanism for fluid system. The system includes a couple systems typically includes a first connector and a second connector (abstract). The coupler system (fig.23-28, coupler system 104) includes a wall (fig.23; coupling ring 184) defining a periphery of the outer coupling (fig.24), the wall including a tab (pin 202) extending inwardly from an inner surface of the wall (fig.25); a flange (seat structure 196) extending inwardly from an inner surface of the outer coupling and a cam (female connector 134) rotationally secured to the hose (fig.23), the cam comprising: an outer surface and an inner surface opposite the outer surface; a groove (fig.28; grooves 224) on the outer surface of the cam for receiving and retaining the tab of the outer wall of the outer coupling (fig.23-28), wherein rotation of the cam in a first direction secures the hose to the outer coupling to form a seal between the hose and the air outlet port (fig.25, see also [0149]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the Application was effectively filed to modify the device of Van Duren with a quick connect and disconnect mechanical that includes a wall with tab, cam with groove that are rotationally secured to a hose as taught by Lehmann for the purpose having secured and fast attaching mechanism.
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Regarding claim 3, Van Duren/ Lehmann teaches the forced air patient warming system of claim 1, further comprising a gasket disposed between the first surface of the inner flange of the outer coupling and the distal end of the hose ([0021] of Lehmann).
Regarding claim 4, Van Duren/ Lehmann teaches the forced air patient warming system of claim 3, wherein the gasket is compressed between the inner flange and distal end of the hose upon rotation of the cam in the first direction ([0021] of Lehmann).
Regarding claim 6, Van Duren/ Lehmann teaches a forced air patient warming system of claim 2, wherein the hose comprises a first portion and a second portion, and wherein the first portion is coupled to the second portion to secure a rim of the cam to the hose (the combination of Van Duren and Lehmann teaches that (see fig.8A of Van Duren and fig.23 of Lehmann)).
Regarding claim 7, Van Duren/ Lehmann teaches the forced air patient warming system of 2, wherein the second portion comprises the distal end (fig.8A of Van Duren).
Regarding claim 8, Van Duren/ Lehmann teaches the forced air patient warming system 2 wherein: the outer coupling further comprises a protuberance (44s of fig.8A of Van Duren) including a first electrical connector (fig.8A of Van Duren); and the hose includes a housing (the distal end of the hose in fig.8A of Van Duren) and a second electrical connector disposed inside the inner housing (fig.8A of Van Duren).
Regarding claim 9, Van Duren/ Lehmann teaches the forced air patient warming system of claim 8, wherein the housing receives the protuberance of the outer coupling when the hose is coupled to the air outlet port, such that the first electrical connector of the outer coupling is in communication with the second electrical connector of the hose (fig.8A of Van Duren).
Regarding claim 10, Van Duren/ Lehmann teaches the forced air patient warming system of claims 8, wherein the protuberance extends from the first surface of the inner flange (fig.25 of Lehmann).
Regarding claim 11, Van Duren/ Lehmann does not teach wherein the cam is rotatable by no more than 20 degrees; no more than 25 degrees; no more than 30 degrees; no more than 35 degrees. The instant disclosure does not provide any criticality to the ranges claimed above. It would have been obvious to one having ordinary skill in the art at the time the Application was effectively file to have the desired ranges of rotation including the cam is rotatable by no more than 20 degrees; no more than 25 degrees; no more than 30 degrees; no more than 35 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 12, Van Duren/ Lehmann teaches the forced air patient warming system of 2, wherein the cam is movable between a first position where the hose is removable from the air outlet port and a second position wherein the tab is secured within the grooves of the cam and the hose is secured to the air outlet port (fig.23-28 of Lehmann).
Regarding claim 13, Van Duren/ Lehmann teaches a forced air patient warming system comprising: a forced air patient warming device comprising: an air outlet port (see annotated figure below); an outer coupling on the air outlet port (see annotated figure below); an inwardly extending flange having a first surface and a second surface; a projection including a first electrical connector extending from the first surface of the flange in a direction parallel to the inner surface of the wall (col.12, line 30-39. “the first circuit is made up of a plurality of members, such as member 114, which have a saw-tooth shape ending in a peak pointing toward the center of the inlet port 100”); a hose for connecting to the forced air patient warming device comprising: a proximal end and a distal end opposite the proximal end (see annotated figure below); an opening at the distal end; a housing including a second electrical connector for coupling to the first electrical connector (see annotated figure below).
However, Van Duren does not a wall defining a periphery of the outer coupling, the wall having an inner surface including a tab; a cam rotatably secured to an outer surface of the hose comprising a groove for receiving and retaining the tab of the outer coupling; and wherein the cam rotates to secure the hose to the air outlet port and form an electrical connection between the first electrical connector and the second electrical connector.
Lehmann teaches a quick connect and disconnect mechanism for fluid system. The system includes a couple systems typically includes a first connector and a second connector (abstract). The coupler system (fig.23-28, coupler system 104) includes a wall (fig.23; coupling ring 184) defining a periphery of the outer coupling (fig.24), the wall having an inner surface including a tab (pin 202); a cam (female connector 134) rotationally secured to the hose (fig.23). Therefore, it would have been obvious to one of ordinary skill in the art at the time the Application was effectively filed to modify the device of Van Duren with a quick connect and disconnect mechanical that includes a wall with tab, cam with groove that are rotationally secured to a hose as taught by Lehmann for the purpose having secured and fast attaching mechanism. The modified device of Van Duren/Lehmann provides a secure an electrical connection between the first electrical connector and the second electrical connector and sealed fluid connection.
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Regarding claim 14, Van Duren/ Lehmann teaches the system of claim 13, wherein the cam includes an outer surface and an inner surface opposite the inner surface, and wherein the outer surface of the cam includes the groove (fig.25 of Lehmann).
Regarding claim 15, Van Duren/ Lehmann teaches the system of claim 13, wherein the inner surface of the cam includes a rim rotatably secured to the outer surface of the hose (fig.28 of Lehmann).
Regarding claim 16, Van Duren/ Lehmann teaches the system of claim 13, wherein the hose further comprises a first portion and a second portion including the opening at the distal end of the hose (see annotated figure above, fig.8A of Van Duren), and wherein the first portion is molded to the second portion to secure the cam to the hose (see annotated figure above, fig.11A of Van Duren).
Regarding claim 17, Van Duren/ Lehmann teaches the system of claim 13, wherein the hose includes at least one wire extending from the second electrical connector to the proximal end of the hose (see annotated figure above, fig.11A of Van Duren).
Regarding claim 18, Van Duren/ Lehmann teaches the system of claim 13, Van Duren/ Lehmann does not teach wherein the cam is rotatable by no more than 20 degrees; no more than 25 degrees; no more than 30 degrees; no more than 35 degrees. The instant disclosure does not provide any criticality to the ranges claimed above. It would have been obvious to one having ordinary skill in the art at the time the Application was effectively file to have the desired ranges of rotation including the cam is rotatable by no more than 20 degrees; no more than 25 degrees; no more than 30 degrees; no more than 35 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 19, Van Duren/ Lehmann teaches the system of claim 13, wherein the cam is rotatable from a first position where the hose is removable from the air outlet port, and a second position wherein the hose is secured to the air outlet port and the first electrical connection is in communication with the second electrical connection (the combination of Van Duren and Lehmann teaches that (see fig.11A of Van Duren and fig.23 of Lehmann)).
Regarding claim 20, Van Duren/ Lehmann teaches the system of claim 13, further comprising a gasket located on the first surface of the inwardly extending flange, and optionally on the distal end of the housing ([0021] of Lehmann).
Regarding claim 21, Van Duren/ Lehmann teaches the system of claim 13, wherein the grooves include stop points for securing the tab of the outer coupling within the grooves (fig.28, [0160] of Lehmann).
Regarding claim 22, Van Duren/ Lehmann teaches the system of claim 13 wherein the distal end of the hose includes a lip for forming an air-tight seal between the distal end of the hose and the first surface of the flange (fig.25 of Lehmann).
Conclusion
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/TIGIST S DEMIE/Primary Examiner, Art Unit 3794