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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/24/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Status of Claims
Claims 1-20 are pending and currently under consideration for patentability.
Claim Objections
Claim 1 and 11 objected to because of the following informalities: a second outlet is claimed without a first outlet. Appropriate correction is required. As a result “a second outlet” will be interpreted as “an outlet”.
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) 1-5, 7-15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bacich (US PGPUB 20150142045 A1).
Regarding Claim 1, Bacich teaches a manual suction device (paragraph [0143]) for evacuating media from a source, comprising:
(a) a drainage tube comprising a drain tube first end and a drain tube second end (paragraph [0095]);
(b) a pump unit (74) comprising a plunger (76) , a plunger first end, a cylinder, a gasket (142), and a second outlet (pressurized outlet of syringe, paragraph [0170]);
(c) a pump tube (reservoir-catheter channel 100) comprising pump tube first end and pump tube second end (first and second end are inherent properties) (paragraph [0134]);
(d) a media collector (6) comprising a container (balloon), an opening (14), and a second inlet (12);
(e) a media collector tube (4) comprising a collector tube first end and a collector tube second end (any tube inherently has a first and second end, paragraph [0064])(figures 1A-1E);
(f) a connecting mechanism (56) comprising a connector first end (distal end), a connector middle end (in between proximal and distal region), and a connector second end (proximal end) (paragraph [0088]); and
(g) a first check valve (proximal check valve) and a second check valve (distal check valve, 52) (paragraph [0086]); wherein:
i. said gasket (198) is permanently attached to said plunger (190) first end [0214] FIGS. 12A, B);
ii. said gasket (198) and said thumb rest are located on opposing ends of said plunger (190);
iii. said plunger (198) is configured to be removably inserted into said cylinder (4) (figures 12A-12B);
iv. said pump tube first end is fixedly attached to said connector second end creating a water-tight connection and said pump tube second end is fixedly attached to said second outlet creating a water-tight connection (paragraph [0214-0215]);
v. said drain tube first end is inserted into said source and said drain tube second end is fixedly attached to said first check valve creating a water-tight connection (paragraph [0089]);
vi. said connector first end is fixedly attached to said first check valve (paragraph [0088]);
vii. said pump tube first end is fixedly attached to said connector second end creating a water-tight connection, and said connector middle end is fixedly attached to said second check valve (paragraph [0122]); and
viii. said collector tube first end is fixedly attached to said second check valve creating a water-tight connection and said collector tube second end is fixedly attached to said second inlet creating a water-tight connection (paragraph [0122]);.
Regarding Claim 2, Bacich teaches the manual suction device as recited in claim 1. Bacich further teaches wherein said connecting mechanism comprises a "T" connector (paragraph [0088]).
Regarding Claim 3, Bacich teaches the manual suction device as recited in claim 1. Bacich further teaches wherein said connecting mechanism comprises a "Y" connector (paragraph [0088]).
Regarding Claim 4, Bacich teaches the manual suction device as recited in claim 1. Bacich further teaches Bacich further teaches wherein said media comprises air, fluid, secretions, blood, vomit, debris, particulate matter, or any combination thereof (paragraph [0066]).
Regarding Claim 5, Bacich teaches the manual suction device as recited in claim 1. Bacich further teaches wherein said connecting mechanism comprises rubber plastic, wood, cork, rubber, metal, bamboo, or any combination thereof (paragraph [0155]).
Regarding Claim 7, Bacich teaches the manual suction device as recited in claim 1. Bacich further teaches wherein, wherein said container (balloon) comprises a disposable, detachable bag (paragraph [0023]).
Regarding Claim 8, Bacich teaches the manual suction device as recited in claim 1. Bacich further teaches wherein said source comprises a body cavity, such as oral, chest, or abdomen cavities or a cavity created by an external force such as a projectile, wound, or an infection (paragraph [0181]).
Regarding Claim 9, Bacich teaches the manual suction device as recited in claim 1. Bacich further teaches wherein said pump unit is configured to evacuate said media from said source when said plunger is pulled from said cylinder creating negative pressure (suction) throughout said pump unit causing said media to travel from said body cavity into said drainage tube and said pump tube (paragraph [0082]).
Regarding Claim 10, Bacich teaches the manual suction device as recited in claim 9. Bacich further teaches wherein said pump unit is configured to deposit said media into said media collector when said plunger is removably inserted into said cylinder creating positive pressure causing said media to flow through said media collector tube and into said container (paragraph [0122]).
Regarding Claim 11, Bacich teaches a manual suction device (paragraph [0143]) for evacuating media from a source, comprising:
(a) a drainage tube comprising a drain tube first end and a drain tube second end (paragraph [0095]);
(b) a pump unit (74) comprising a plunger (76) , a plunger first end, a cylinder, a gasket (142), and a second outlet;
(c) a pump tube (reservoir-catheter channel 100) comprising pump tube first end and pump tube second end (first and second end are inherent properties) (paragraph [0134]);
(d) a media collector (6) comprising a container (balloon), an opening (14), and a second inlet (12);
(e) a media collector tube (4) comprising a collector tube first end and a collector tube second end (any tube inherently has a first and second end, paragraph [0064])(figures 1A-1E);
(f) a connecting mechanism (56) comprising a connector first end (distal end), a connector middle end (in between proximal and distal region), and a connector second end (proximal end) (paragraph [0088]); and
(g) a first check valve (proximal check valve) and a second check valve (distal check valve, 52) (paragraph [0086]); wherein:
i. said gasket (198) is permanently attached to said plunger (190) first end [0214] FIGS. 12A, B);
ii. said gasket (198) and said thumb rest are located on opposing ends of said plunger (190);
iii. said plunger (198) is configured to be removably inserted into said cylinder (4) (figures 12A-12B);
iv. said pump tube first end is fixedly attached to said connector second end creating a water-tight connection and said pump tube second end is fixedly attached to said second outlet creating a water-tight connection (paragraph [0214-0215]);
v. said drain tube first end is inserted into said source and said drain tube second end is fixedly attached to said first check valve creating a water-tight connection (paragraph [0089]);
vi. said connector first end is fixedly attached to said first check valve (paragraph [0088]);
vii. said pump tube first end is fixedly attached to said connector second end creating a water-tight connection, and said connector middle end is fixedly attached to said second check valve (paragraph [0122]); and
viii. said collector tube first end is fixedly attached to said second check valve creating a water-tight connection and said collector tube second end is fixedly attached to said second inlet creating a water-tight connection (paragraph [0122]).
Regarding Claim 12, Bacich teaches the manual suction device as recited in claim 11. Bacich further teaches wherein said connecting mechanism comprises a "T" connector (paragraph [0088]).
Regarding Claim 13, Bacich teaches the manual suction device as recited in claim 11. Bacich further teaches wherein said connecting mechanism comprises a "Y" connector (paragraph [0088]).
Regarding Claim 14, Bacich teaches the manual suction device as recited in claim 11. Bacich further teaches Bacich further teaches wherein said media comprises air, fluid, secretions, blood, vomit, debris, particulate matter, or any combination thereof (paragraph [0066]).
Regarding Claim 15, Bacich teaches the manual suction device as recited in claim 11. Bacich further teaches wherein said connecting mechanism comprises rubber plastic, wood, cork, rubber, metal, bamboo, or any combination thereof (paragraph [0155]).
Regarding Claim 17, Bacich teaches the manual suction device as recited in claim 11. Bacich further teaches wherein, wherein said container (balloon) comprises a disposable, detachable bag (paragraph [0023]).
Regarding Claim 18, Bacich teaches the manual suction device as recited in claim 11. Bacich further teaches wherein said source comprises a body cavity, such as oral, chest, or abdomen cavities or a cavity created by an external force such as a projectile, wound, or an infection (paragraph [0181]).
Regarding Claim 19, Bacich teaches the manual suction device as recited in claim 11. Bacich further teaches wherein said pump unit is configured to evacuate said media from said source when said plunger is pulled from said cylinder creating negative pressure (suction) throughout said pump unit causing said media to travel from said body cavity into said drainage tube and said pump tube (paragraph [0082]).
Regarding Claim 20, Bacich teaches the manual suction device as recited in claim 19. Bacich further teaches wherein said pump unit is configured to deposit said media into said media collector when said plunger is removably inserted into said cylinder creating positive pressure causing said media to flow through said media collector tube and into said container (paragraph [0122]).
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.
Claim(s) 6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bacich (US PGPUB 20150142045 A1) in view of Bidwell (US 3809085 A).
Regarding Claim 6, Bacich teaches the manual suction device as recited in claim 1. Bacich fails to explicitly teach wherein said first check valve and said second check valve comprise a chest drain valve (a chest drain valve is being interpreted as any drainage valve that can be used within a chest cavity).
Bidwell teaches a surgical drainage system with a check valve in the drainage tube (abstract). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the suction device of Bacich to permit the passage of fluid from said cavity to said collection chamber and to prevent the passage of fluid from said collection chamber to said cavity to permit the development of high negative pressure in said cavity (as motivated by Bidwell column 1, lines 60-66).
Regarding Claim 16, Bacich teaches the manual suction device as recited in claim 11. Bacich fails to explicitly teach wherein said first check valve and said second check valve comprise a chest drain valve (a chest drain valve is being interpreted as any drainage valve that can be used within a chest cavity).
Bidwell teaches a surgical drainage system with a check valve in the drainage tube (abstract). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the suction device of Bacich to permit the passage of fluid from said cavity to said collection chamber and to prevent the passage of fluid from said collection chamber to said cavity to permit the development of high negative pressure in said cavity (as motivated by Bidwell column 1, lines 60-66).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20180104391 A1, US 20160220745 A1, US 10786608 B2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATE ELIZABETH STRACHAN whose telephone number is (571)272-7291. The examiner can normally be reached M-F: 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached on (571)-270-5879. The fax phone number for the organization where this application or proceeding is assigned is (571)-270-5879.
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/KATE ELIZABETH STRACHAN/Examiner, Art Unit 3781
/KAI H WENG/Primary Examiner, Art Unit 3781