DETAILED ACTION
Primary Examiner acknowledges Claims 1-20 are pending in this application, as originally filed on June 7, 2023.
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 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.
Claims 1-20 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.
Specifically, Claim 1, Line 7; and Claim 11, Line 7 both recite the limitation “from the inlet”; however, this limitation appears to lack antecedent basis in the claims. It appears perhaps Applicant is attempting to recite the limitation of “at least one inlet” as introduced in Claim 1, Line 3; and Claim 11, Line 3, respectively. Consequently, it appears Claim 1, Line 7 and Claim 11, Line 7 should be written “from the at least one inlet”. Nevertheless, as Primary Examiner is unsure if this option of correction meets Applicant’s intentions of the claim language, or if there is some other meaning, the breadth and scope intended by this limitation. Dependent claims, Claims 2-10 and 12-20, incorporate the indefinite subject matter from which they depend. Appropriate correction and clarification is required.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 7-14, and 17-20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Shanks et al. (4,457,305).
As to Claim 1, Shanks discloses a fluid trap (Figures 1 and 2) for a breathing limb (via 18/20, “As shown in FIG. 1, the improved assembly includes a lid 16 having inlet and outlet pipes 18 and 20, respectively. These pipes, which are simply hollow conduits, are of a size for being directly connected to a standard 22 mm corrugated tubing ends or adapters.” Column 1, Lines 45-65) of a respiratory therapy system (“An assembly for collecting condensed water vapor or moisture in a breathing circuit comprises a lid having an inlet and an outlet pipe connected to the breathing circuit, a jar removably secured to the lid, a drain funnel having a port at the bottom for directing water into the jar, and a movable seal in the funnel for being biased gravitationally to occlude the port and form a gas tight seal with the port when the jar is removed from the lid.” Abstract; “It is to an improved water trap and collection system in a respiratory therapy breathing circuit that the present invention is directed.” Summary; “When installed in a respiratory therapy circuit or system, with the assembly secured along a length of tubing, condensed water vapor is directed along the pipes, the drain member, and into the jar through port 42. When sufficient water has collected in the jar so that it should be emptied, the jar is simply unscrewed from the lid. Due to the initial gas leak at port 32 and the pressure drop caused by the open port between ambient and the gas pressure in the circuit, sealing member 38 is forced to occlude the opening. … Since a gas-tight seal is formed by the plug at the port, there is no significant interruption of gas delivery in the breathing circuit, and efficiency is not interrupted or altered. ” Column 2, Line 50 thru Column 3, Line 10), the fluid trap (Figures 1 and 2), comprising: a closure (22 via 16, “The lid includes a downwardly extending annular skirt 22 having threads 19 formed on the outer surface for engaging threads at the jar which is removably secured on the skirt.” Column 1, Lines 45-65; also see: “As shown in FIG. 1, the improved assembly includes a lid 16 having inlet and outlet pipes 18 and 20, respectively.” Column 1, Lines 45-65) comprising at least one inlet (18/20, “a lid 16 having inlet and outlet pipes 18 and 20” Column 1, Lines 45-65), the at least one inlet (18/20) configured to connect to the breathing limb (via 18/20) such that the at least one inlet (18/20) receives fluid from the breathing limb (via 18/20); a container (14, “A second component of the assembly is jar 14 into which moisture is collected. In the preferred embodiment shown, the jar includes a protruding member 24, molded integrally as a portion of the jar, which extends upwardly sufficiently to contact sealing member 38 when the jar is secured to the lid 16.” Column 1, Line 60 thru Column 2, Line 15) configured to be removably mounted (via threading of 19 of 22 and 15 of 14, wherein 19 – “The lid includes a downwardly extending annular skirt 22 having threads 19 formed on the outer surface for engaging threads at the jar which is removably secured on the skirt.” Column 1, Lines 45-65; wherein 15 – “The jar also includes threads 15 for engaging threads 19 of the lid.” Column 1, Line 60 thru Column 2, Line 15) to the closure (22 via 16), the container (14) configured to contain fluid received from the at least one inlet (18/20); and a resiliently deformable valve (defined by the combination of 30 and 38, wherein 30 – “Referring also to FIG. 2, there is illustrated the moisture drain components of the invention including drain member 30 having downwardly extending funnel 32 and bottom port 42.” Column 2, Lines 10-35; and wherein 38 – “Within main member 30 is a sealing member 38 having means for forming a gas-tight seal with port 42.” Column 2, Lines 30-55) comprising a lower portion (40, “It will be evident that due to the funnel shape of drain member 30 including the downwardly inclined pan surface 40 and funnel 32, water from condensed water vapor passing into the lid will be directed outwardly into the funnel and to bottom port 42 thereof.” Column 2, Lines 10-35) and a central portion (32, “It will be evident that due to the funnel shape of drain member 30 including the downwardly inclined pan surface 40 and funnel 32, water from condensed water vapor passing into the lid will be directed outwardly into the funnel and to bottom port 42 thereof.” Column 2, Lines 10-35), the valve (defined by the combination of 30 and 38) configured to be positioned between and engage with both the closure (22 via 16) and the container (14), the valve (defined by the combination of 30 and 38) having an open configuration (best shown Figure 1) when the closure (22 via 16) is mounted on the container (14) and a closed configuration (best shown Figure 2) wherein the closure (22 via 16) is not mounted on the container (14), wherein in the open configuration (best shown Figure 1) the container (14) causes (via 24 abutting 40, “In operation, with the jar 14 fully secured on lid 16, end 26 of projecting member 24 contacts plug 40 and pushes it upwardly whereby port 42 is open.” Column 2, Line 50 thru Column 3, Line 10) the lower portion (40) to inwardly deflect (upwards from the container towards the closure) such that the fluid from the at least one inlet (18/20) can flow through the valve (defined by the combination of 30 and 38) and into the container (14), wherein in the closed position (best shown Figure 2) the valve (defined by the combination of 30 and 38) prevents (via abutment of 40 into 42, “The member is also gravitationally biased so that plug 40 tends to occlude port 42 because of the disengagement of the plug with the projecting member 24. Since a gas-tight seal is formed by the plug at the port, there is no significant interruption of gas delivery in the breathing circuit, and efficiency is not interrupted or altered.” Column 2, Line 50 thru Column 3, Line 10) fluid from flowing through the valve (defined by the combination of 30 and 38).
As to Claims 2 and 12, Shanks discloses the valve (defined by the combination of 30 and 38) further comprises a valve stem (34/36, “In the embodiment shown, pan 34 which is slanted downwardly for drainage of water into funnel 32, includes a cuff 36 which is slightly oversized relative to the interior surface diameter of the skirt. The cuff is flexible so that it can be force fitted into the skirt to form the necessary gas-tight seal.” Column 2, Lines 10-35) extending from the central portion (32). ALTERNATIVELY, Shanks discloses the valve (defined by the combination of 30 and 38) further comprises a valve stem (24, “In operation, with the jar 14 fully secured on lid 16, end 26 of projecting member 24 contacts plug 40 and pushes it upwardly whereby port 42 is open.” Column 2, Line 50 thru Column 3, Line 10).
As to Claims 3 and 13, Shanks discloses the valve (defined by the combination of 30 and 38) further comprises a plurality of spokes (28, “The other features of the sealing member include a plurality of ribs 28 which provide openings through which water can pass.” Column 2, Lines 30-55) extending radially (inward) from the valve stem (34/36) and a plurality of cutouts (“openings” between spoke 28, Column 2, Lines 30-55), each cutout (“openings” between spoke 28) of the plurality of cutouts (“openings” between spoke 28) defined between each pair of adjacent spokes (28), the plurality of cutouts (“openings” between spoke 28) allowing fluid (“through which water can pass” Column 2, Lines 30-55) from the at least one inlet (18/20) to flow through the valve (defined by the combination of 30 and 38) and into the container (14) in the open configuration (best shown Figure 1). ALTERNATIVELY, Shanks discloses the valve (defined by the combination of 30 and 38) further comprises a plurality of spokes (28, “The other features of the sealing member include a plurality of ribs 28 which provide openings through which water can pass.” Column 2, Lines 30-55) extending radially (inward) from the valve stem (24, “In operation, with the jar 14 fully secured on lid 16, end 26 of projecting member 24 contacts plug 40 and pushes it upwardly whereby port 42 is open.” Column 2, Line 50 thru Column 3, Line 10) ) and a plurality of cutouts (“openings” between spoke 28, Column 2, Lines 30-55), each cutout (“openings” between spoke 28) of the plurality of cutouts (“openings” between spoke 28) defined between each pair of adjacent spokes (28), the plurality of cutouts (“openings” between spoke 28) allowing fluid (“through which water can pass” Column 2, Lines 30-55) from the at least one inlet (18/20) to flow through the valve (defined by the combination of 30 and 38) and into the container (14) in the open configuration (best shown Figure 1).
As to Claims 4 and 14, Shanks discloses the plurality of spokes (28) at least partially enables the deflection of the lower portion (40) of the valve (defined by the combination of 30 and 38) in the open configuration (best shown Figure 1). As a result of the shape of the lower portion (40) having an upper surface (46) which is in close proximity to the central portion (32) of the valve (defined by the combination of 30 and 38), the resultant effect is that “the sealing member includes an enlarged body portion 46 which cannot be easily dislodged from the interior of funnel 32. Thus, a restricting surface 44 being somewhat smaller than the size of the body portion 46 will be suitable, and prevent the sealing member from inadvertently being removed or falling out of the funnel when the assembly is on its side or even upside down.” (Column 2, Lines 30-55). Thus, the shape of the lower portion (40) as retained within the central portion (32) of the valve (defined by the combination of 30 and 38) directs the inward deflection (upwards from the container towards the closure) during the open configuration (best shown Figure 1).
As to Claims 7 and 17, Shanks discloses the at least one inlet (18/20) includes a valve seat (defined by the insertion of 40 into 42, “The member is also gravitationally biased so that plug 40 tends to occlude port 42 because of the disengagement of the plug with the projecting member 24. Since a gas-tight seal is formed by the plug at the port, there is no significant interruption of gas delivery in the breathing circuit, and efficiency is not interrupted or altered.” Column 2, Line 50 thru Column 3, Line 10) surrounding an aperture (42, “The member is also gravitationally biased so that plug 40 tends to occlude port 42 because of the disengagement of the plug with the projecting member 24. Since a gas-tight seal is formed by the plug at the port, there is no significant interruption of gas delivery in the breathing circuit, and efficiency is not interrupted or altered.” Column 2, Line 50 thru Column 3, Line 10) and the valve stem (34/36) includes a valve seal (perimeter of 42 abutting 40, “The member is also gravitationally biased so that plug 40 tends to occlude port 42 because of the disengagement of the plug with the projecting member 24. Since a gas-tight seal is formed by the plug at the port, there is no significant interruption of gas delivery in the breathing circuit, and efficiency is not interrupted or altered.” Column 2, Line 50 thru Column 3, Line 10), the valve stem (34/36) extending through the aperture 42) when the fluid trap is assembled (best seen Figure 1), wherein the valve seal (perimeter of 42 abutting 40) seals against the valve seat (defined by the insertion of 40 into 42) in the closed configuration (best shown Figure 2). ALTERNATIVELY, the at least one inlet (18/20) includes a valve seat (defined by the insertion of 40 into 42, “The member is also gravitationally biased so that plug 40 tends to occlude port 42 because of the disengagement of the plug with the projecting member 24. Since a gas-tight seal is formed by the plug at the port, there is no significant interruption of gas delivery in the breathing circuit, and efficiency is not interrupted or altered.” Column 2, Line 50 thru Column 3, Line 10) surrounding an aperture (42, “The member is also gravitationally biased so that plug 40 tends to occlude port 42 because of the disengagement of the plug with the projecting member 24. Since a gas-tight seal is formed by the plug at the port, there is no significant interruption of gas delivery in the breathing circuit, and efficiency is not interrupted or altered.” Column 2, Line 50 thru Column 3, Line 10) and the valve stem (24) includes a valve seal (perimeter of 42 abutting 40, “The member is also gravitationally biased so that plug 40 tends to occlude port 42 because of the disengagement of the plug with the projecting member 24. Since a gas-tight seal is formed by the plug at the port, there is no significant interruption of gas delivery in the breathing circuit, and efficiency is not interrupted or altered.” Column 2, Line 50 thru Column 3, Line 10), the valve stem (24) extending through the aperture 42) when the fluid trap is assembled (best seen Figure 1), wherein the valve seal (perimeter of 42 abutting 40) seals against the valve seat (defined by the insertion of 40 into 42) in the closed configuration (best shown Figure 2).
As to Claims 8 and 18, Shanks discloses the valve seal (perimeter of 42 abutting 40) is deformed to pass through the aperture (42) on assembly of the fluid trap (best seen Figure 1).
As to Claims 9 and 19, Shanks discloses the valve (defined by the combination of 30 and 38) comprises, in transverse cross section, at least one lower projection (defined by 40 inserted within 42) which engages (via 24, “In operation, with the jar 14 fully secured on lid 16, end 26 of projecting member 24 contacts plug 40 and pushes it upwardly whereby port 42 is open.” Column 2, Line 50 thru Column 3, Line 10) the container (14), at least one upper projection (via 44, “the sealing member includes an enlarged body portion 46 which cannot be easily dislodged from the interior of funnel 32. Thus, a restricting surface 44 being somewhat smaller than the size of the body portion 46 will be suitable, and prevent the sealing member from inadvertently being removed or falling out of the funnel when the assembly is on its side or even upside down.” Column 2, Lines 30-55) that engages the closure (22 via 16), wherein the axial movement between the closure (22 via 16) and the container (14) causing relative movement between the at least one upper projection (via 44) and the at least one lower projection (defined by 40 inserted within 42) which moves the valve (defined by the combination of 30 and 38) between the open configuration (best seen Figure 1) and the closed configuration (best seen Figure 2).
As to Claims 10 and 20, Shanks discloses the valve (defined by the combination of 30 and 38) comprises a substantially “W” shaped transverse cross section (defined by the inclines of 36 and the declines of 34 about the left and right sides of Figures 1 and 2) having, in transverse cross section, a pair of upper projections (defined by the inclines of 36 about the left and right sides of Figures 1 and 2) and a pair of lower projections (defined by the declines of 34 about the left and right sides of Figures 1 and 2).
As to Claim 11, Shanks discloses a fluid trap (Figures 1 and 2) for a breathing limb (via 18/20, “As shown in FIG. 1, the improved assembly includes a lid 16 having inlet and outlet pipes 18 and 20, respectively. These pipes, which are simply hollow conduits, are of a size for being directly connected to a standard 22 mm corrugated tubing ends or adapters.” Column 1, Lines 45-65) of a respiratory therapy system (“An assembly for collecting condensed water vapor or moisture in a breathing circuit comprises a lid having an inlet and an outlet pipe connected to the breathing circuit, a jar removably secured to the lid, a drain funnel having a port at the bottom for directing water into the jar, and a movable seal in the funnel for being biased gravitationally to occlude the port and form a gas tight seal with the port when the jar is removed from the lid.” Abstract; “It is to an improved water trap and collection system in a respiratory therapy breathing circuit that the present invention is directed.” Summary; “When installed in a respiratory therapy circuit or system, with the assembly secured along a length of tubing, condensed water vapor is directed along the pipes, the drain member, and into the jar through port 42. When sufficient water has collected in the jar so that it should be emptied, the jar is simply unscrewed from the lid. Due to the initial gas leak at port 32 and the pressure drop caused by the open port between ambient and the gas pressure in the circuit, sealing member 38 is forced to occlude the opening. … Since a gas-tight seal is formed by the plug at the port, there is no significant interruption of gas delivery in the breathing circuit, and efficiency is not interrupted or altered. ” Column 2, Line 50 thru Column 3, Line 10), the fluid trap (Figures 1 and 2), comprising: a closure (22 via 16, “The lid includes a downwardly extending annular skirt 22 having threads 19 formed on the outer surface for engaging threads at the jar which is removably secured on the skirt.” Column 1, Lines 45-65; also see: “As shown in FIG. 1, the improved assembly includes a lid 16 having inlet and outlet pipes 18 and 20, respectively.” Column 1, Lines 45-65) comprising at least one inlet (18/20, “a lid 16 having inlet and outlet pipes 18 and 20” Column 1, Lines 45-65), the at least one inlet (18/20) configured to connect to the breathing limb (via 18/20) such that the at least one inlet (18/20) receives fluid from the breathing limb (via 18/20); a container (14, “A second component of the assembly is jar 14 into which moisture is collected. In the preferred embodiment shown, the jar includes a protruding member 24, molded integrally as a portion of the jar, which extends upwardly sufficiently to contact sealing member 38 when the jar is secured to the lid 16.” Column 1, Line 60 thru Column 2, Line 15) configured to be removably mounted (via threading of 19 of 22 and 15 of 14, wherein 19 – “The lid includes a downwardly extending annular skirt 22 having threads 19 formed on the outer surface for engaging threads at the jar which is removably secured on the skirt.” Column 1, Lines 45-65; wherein 15 – “The jar also includes threads 15 for engaging threads 19 of the lid.” Column 1, Line 60 thru Column 2, Line 15) to the closure (22 via 16), the container (14) configured to contain fluid received from the at least one inlet (18/20); and a resiliently deformable valve (defined by the combination of 30 and 38, wherein 30 – “Referring also to FIG. 2, there is illustrated the moisture drain components of the invention including drain member 30 having downwardly extending funnel 32 and bottom port 42.” Column 2, Lines 10-35; and wherein 38 – “Within main member 30 is a sealing member 38 having means for forming a gas-tight seal with port 42.” Column 2, Lines 30-55) comprising a lower portion (40, “It will be evident that due to the funnel shape of drain member 30 including the downwardly inclined pan surface 40 and funnel 32, water from condensed water vapor passing into the lid will be directed outwardly into the funnel and to bottom port 42 thereof.” Column 2, Lines 10-35) and a central portion (32, “It will be evident that due to the funnel shape of drain member 30 including the downwardly inclined pan surface 40 and funnel 32, water from condensed water vapor passing into the lid will be directed outwardly into the funnel and to bottom port 42 thereof.” Column 2, Lines 10-35), the valve (defined by the combination of 30 and 38) configured to be positioned between and engage with both the closure (22 via 16) and the container (14), the valve (defined by the combination of 30 and 38) having an open configuration (best shown Figure 1) when the closure (22 via 16) is mounted on the container (14) and a closed configuration (best shown Figure 2) wherein the closure (22 via 16) is not mounted on the container (14), wherein in the open configuration (best shown Figure 1) inward deflection (upwards from the container towards the closure) of the lower portion (40) causes an upward deflection (via the abutment of 24 and 42) of the central portion (32) such that the fluid from the at least one inlet (18/20) can flow through the valve (defined by the combination of 30 and 38) and into the container (14), wherein in the closed position (best shown Figure 2) the valve (defined by the combination of 30 and 38) prevents (via abutment of 40 into 42, “The member is also gravitationally biased so that plug 40 tends to occlude port 42 because of the disengagement of the plug with the projecting member 24. Since a gas-tight seal is formed by the plug at the port, there is no significant interruption of gas delivery in the breathing circuit, and efficiency is not interrupted or altered.” Column 2, Line 50 thru Column 3, Line 10) fluid from flowing through the valve (defined by the combination of 30 and 38).
Claims 1, 2, 6-9, 11, 12, and 16-19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Hicks (5,168,868).
As to Claim 1, Hicks discloses a fluid trap (Figures 1-5) for a breathing limb (“A water trap for a respiratory airline comprises a top and base the respective openings of which mate when they are releasably connected e.g. by a bayonet-joint.” Abstract; “This invention relates to a water trap for a respiratory airline, and more particularly to a disposable water trap for respiratory and patient ventilation systems used to assist or promote breathing.” Column 1, Lines 1-10; “In accordance with the present invention there is provided a water trap for a respiratory airline comprising separable upper and lower components …” Column 1, Line 40-65) of a respiratory therapy system (“for respiratory and patient ventilation systems” Column 1, Lines 1-10), the fluid trap (Figures 1-5) comprising: a closure (10, “The water trap illustrated in FIGS. 1-3 comprises an upper component or top 10 and a lower component or base 20. The top 10 is formed with connections 13 and 14 whereby it may be included in known manner in an airline by pushing over the connections respective ends of flexible tubes (not shown). The top 10 terminates downwardly in a flared skirt 33 within which an annular wall 14 defines a downwardly-opening recess.” Column 3, Lines 1-15) comprising at least one inlet (13/14, “connections 13 and 14 whereby it may be included in known manner in an airline by pushing over the connections respective ends of flexible tubes (not shown).” Column 3, Lines 1-15), the at least one inlet (13/14) configured to connect to the breathing limb (“an airline by pushing over the connections respective ends of flexible tubes (not shown).” Column 3, Lines 1-15) such that the at least one inlet (13/14) receives fluid from the breathing limb (“an airline”); a container (20, “The water trap illustrated in FIGS. 1-3 comprises an upper component or top 10 and a lower component or base 20.” Column 3, Lines 1-15) configured to be removably mounted (“a bayonet-type releasable connection between the top 10 and base 20.” Column 3, Lines 45-55) to the closure (10), the container (20) configured to contain fluid received from the inlet (13/14); and a resiliently deformable valve (defined by the cooperative operation of 15 and 18, “The opening defined by the skirt 33 is spanned except at its periphery by a disc 15 the upper surface of which slopes downwardly at its periphery 16. The disc 15 is held in position centrally of the opening of the top 10 by two tongues 17 which extend downwardly and inwardly from the wall of the top 10 intermediate its upper and lower ends. … As most clearly seen in FIG. 4, in the unstressed condition of the sealing member 18 its inner periphery is urged into contact with the top of disc 15, thereby sealing the bottom opening of top 10.” Column 3, Lines 15-35; also see: “As is again most clearly seen in FIGS. 4 and 5, as the upper end of the base 20 is received by the bottom opening of the top 10 and a bayonet connection is made the upper periphery 19 of the base raises the sealing member 18 so that its inner periphery rises from the disc 15. A pathway is thus provided for water to fall from the top 10 to be collected in the base 20. As soon as the base 20 is disconnected from the top 10, however, (FIGS. 3 and 4) for emptying this pathway is sealed as the inner periphery of the sealing member 18 comes back into contact with the upper surface of the disc 15.” Column 3, Line 65 thru Column 4, Line 10; “ As a result a gap could momentarily appear between the sealing member 18 and disc 15 at a position where the periphery 19 is not in contact with the sealing member and this would permit entry into the water trap of ambient contaminants.” Column 4, Lines 5-35) comprising a lower portion (16, “The opening defined by the skirt 33 is spanned except at its periphery by a disc 15 the upper surface of which slopes downwardly at its periphery 16.” Column 3, Lines 15-35) and a central portion (18, “the sealing member 18”), the valve (defined by the cooperative operation of 15 and 18) configured to be positioned between and engage with the closure (10) and the container (20), the valve (defined by the cooperative operation of 15 and 18) having an open configuration (Figures 2 and 5) when the closure (10) is mounted on the container (20) and a closed configuration (Figures 3 and 4) when the closure (10) is not mounted on the container (20), wherein in the open configuration (Figures 2 and 5) the container (20) causes the lower portion (16) to inwardly deflect (downwards from the closure towards the container) such that the fluid from the at least one inlet (13/14) can flow through the valve (defined by the cooperative operation of 15 and 18) and into the container (20), wherein in the closed configuration (Figures 3 and 4) the valve (defined by the cooperative operation of 15 and 18) prevents fluid from flowing through the valve (defined by the cooperative operation of 15 and 18).
As to Claims 2 and 12, Hicks discloses the valve (defined by the cooperative operation of 15 and 18) comprises a valve stem (defined by the vertical extension from the central region of 15) extending away from the central portion (18).
As to Claims 6 and 16, Hicks discloses the closure (10), the container (20) and the valve (defined by the cooperative operation of 15 and 18) are configured such that the container (10) and the closure (20) cannot be mounted (in an airtight seal) together unless the valve (defined by the cooperative operation of 15 and 18) is present. Explicitly, Hicks states “As a result a gap could momentarily appear between the sealing member 18 and disc 15 at a position where the periphery 19 is not in contact with the sealing member and this would permit entry into the water trap of ambient contaminants. To safeguard against this the projection 22, in the unstressed condition of the sealing member 18, extends downward sufficiently to be fully engaged all round by the shoulder 24, providing an air seal between the base 20 and top 10, before the upper periphery 19 contacts the main body of the sealing member 18. This can be ensured because the extent of possible misalignment is, of course, limited by the fact that the base 20 must enter the skirt 33 at the bottom of the top 10.” (Column 4, Lines 5-35).
As to Claims 7 and 17, Hicks discloses the at least one inlet (13/14) includes a valve seat (18, “the sealing member 18” Column 4, Lines 5-35) surrounding an aperture (33, “the skirt 33 at the bottom of the top 10” Column 4, Lines 5-35) and the valve stem (defined by the vertical extension from the central region of 15) including a valve seal (16, “periphery 16.” Column 3, Lines 15-35), the valve stem (defined by the vertical extension from the central region of 15) extending through the aperture (33) when the fluid trap (Figures 1-5) is assembled (best seen Figures 2 and 5), wherein the valve seal (16) seals against the valve seat (18) in the closed configuration (best seen Figures 3 and 4).
As to Claims 8 and 18, Hicks discloses the valve seal (16) is deformed to pass through the aperture (33) on assembly of the fluid trap (Figures 1-5).
As to Claims 9 and 19, Hicks disclose the valve (defined by the cooperative operation of 15 and 18) comprises, in transverse cross section, at least one lower projection (22 on the left and right sides of 15, “projection 22” Column 4, Lines 5-35) which engages the container (20), at least one upper projection (34 on the left and right sides of 15, “an upward projection 34 whereby an annular groove 35 in the sealing member receives the wall 14.” Column 3, Lines 30-45) that engages the closure (10), wherein relative axial movement between the closure (10) and the container (20) causes relative movement between the at least one upper projection (34 on the left and right sides of 15) and the at least one lower projection (22 on the left and right sides of 15) which moves the valve (defined by the cooperative operation of 15 and 18) between the open configuration (Figures 2 and 5) and the closed configuration (Figures 3 and 4).
As to Claim 11, Hicks discloses a fluid trap (Figures 1-5) for a breathing limb (“A water trap for a respiratory airline comprises a top and base the respective openings of which mate when they are releasably connected e.g. by a bayonet-joint.” Abstract; “This invention relates to a water trap for a respiratory airline, and more particularly to a disposable water trap for respiratory and patient ventilation systems used to assist or promote breathing.” Column 1, Lines 1-10; “In accordance with the present invention there is provided a water trap for a respiratory airline comprising separable upper and lower components …” Column 1, Line 40-65) of a respiratory therapy system (“for respiratory and patient ventilation systems” Column 1, Lines 1-10), the fluid trap (Figures 1-5) comprising: a closure (10, “The water trap illustrated in FIGS. 1-3 comprises an upper component or top 10 and a lower component or base 20. The top 10 is formed with connections 13 and 14 whereby it may be included in known manner in an airline by pushing over the connections respective ends of flexible tubes (not shown). The top 10 terminates downwardly in a flared skirt 33 within which an annular wall 14 defines a downwardly-opening recess.” Column 3, Lines 1-15) comprising at least one inlet (13/14, “connections 13 and 14 whereby it may be included in known manner in an airline by pushing over the connections respective ends of flexible tubes (not shown).” Column 3, Lines 1-15), the at least one inlet (13/14) configured to connect to the breathing limb (“an airline by pushing over the connections respective ends of flexible tubes (not shown).” Column 3, Lines 1-15) such that the at least one inlet (13/14) receives fluid from the breathing limb (“an airline”); a container (20, “The water trap illustrated in FIGS. 1-3 comprises an upper component or top 10 and a lower component or base 20.” Column 3, Lines 1-15) configured to be removably mounted (“a bayonet-type releasable connection between the top 10 and base 20.” Column 3, Lines 45-55) to the closure (10), the container (20) configured to contain fluid received from the inlet (13/14); and a resiliently deformable valve (defined by the cooperative operation of 15 and 18, “The opening defined by the skirt 33 is spanned except at its periphery by a disc 15 the upper surface of which slopes downwardly at its periphery 16. The disc 15 is held in position centrally of the opening of the top 10 by two tongues 17 which extend downwardly and inwardly from the wall of the top 10 intermediate its upper and lower ends. … As most clearly seen in FIG. 4, in the unstressed condition of the sealing member 18 its inner periphery is urged into contact with the top of disc 15, thereby sealing the bottom opening of top 10.” Column 3, Lines 15-35; also see: “As is again most clearly seen in FIGS. 4 and 5, as the upper end of the base 20 is received by the bottom opening of the top 10 and a bayonet connection is made the upper periphery 19 of the base raises the sealing member 18 so that its inner periphery rises from the disc 15. A pathway is thus provided for water to fall from the top 10 to be collected in the base 20. As soon as the base 20 is disconnected from the top 10, however, (FIGS. 3 and 4) for emptying this pathway is sealed as the inner periphery of the sealing member 18 comes back into contact with the upper surface of the disc 15.” Column 3, Line 65 thru Column 4, Line 10; “ As a result a gap could momentarily appear between the sealing member 18 and disc 15 at a position where the periphery 19 is not in contact with the sealing member and this would permit entry into the water trap of ambient contaminants.” Column 4, Lines 5-35) comprising a lower portion (16, “The opening defined by the skirt 33 is spanned except at its periphery by a disc 15 the upper surface of which slopes downwardly at its periphery 16.” Column 3, Lines 15-35) and a central portion (18, “the sealing member 18”), the valve (defined by the cooperative operation of 15 and 18) configured to be positioned between and engage with the closure (10) and the container (20), the valve (defined by the cooperative operation of 15 and 18) having an open configuration (Figures 2 and 5) when the closure (10) is mounted on the container (20) and a closed configuration (Figures 3 and 4) when the closure (10) is not mounted on the container (20), wherein in the open configuration (Figures 2 and 5) inward deflection (downwards from the closure towards the container) of the lower portion (16) causes an upward deflection of the central portion (18) such that the fluid from the at least one inlet (13/14) can flow through the valve (defined by the cooperative operation of 15 and 18) and into the container (20), wherein in the closed configuration (Figures 3 and 4) the valve (defined by the cooperative operation of 15 and 18) prevents fluid from flowing through the valve (defined by the cooperative operation of 15 and 18).
Claims 1-4, 7, 8, 11-14, 17, and 18 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Chang (8,156,935).
As to Claim 1, Chang discloses a fluid trap (Figures 3 and 5) a breathing limb (“A respiratory tube assembly” Abstract) of a respiratory therapy system, the fluid trap (Figures 3 and 5) comprising: a closure (62, “a medical professional rotates the container 61 relative to the cover 62 so as to move the engaging pieces 615 away from the engaging grooves 627, so that the container 61 can be detached from the cover 62, and the water in the container 61 can be discarded. When the container 61 is detached from the cover 62, since the projection 614 is moved away from the valve rod 632 so that the valve rod 632 does not abut against the projection 614, the valve head 631 falls onto the recess bottom wall 623 by gravity, and seals the water-discharge opening 625.” Column 4, Lines 15-30) comprising at least one inlet (via 30, “Further, with reference to FIG. 3, when there is condensation buildup in the first and second tubular sleeves 40, 50, water condensed therein can flow into the container 61 through the first three-way connector 30.” Column 4, Lines 15-30), the at least one inlet (via 30) configured to connect to the breathing limb (“A respiratory tube assembly” Abstract) such that the at least one inlet (via 30) receives fluid (“water condensed therein”) from the breathing limb (“A respiratory tube assembly” Abstract); a container (61, “Further, with reference to FIG. 3, when there is condensation buildup in the first and second tubular sleeves 40, 50, water condensed therein can flow into the container 61 through the first three-way connector 30. When the amount of water in the container 61 reaches a predetermined height, with reference to FIG. 5, a medical professional rotates the container 61 relative to the cover 62 so as to move the engaging pieces 615 away from the engaging grooves 627, so that the container 61 can be detached from the cover 62, and the water in the container 61 can be discarded. When the container 61 is detached from the cover 62, since the projection 614 is moved away from the valve rod 632 so that the valve rod 632 does not abut against the projection 614, the valve head 631 falls onto the recess bottom wall 623 by gravity, and seals the water-discharge opening 625.” Column 4, Lines 15-30) configured to be removably mounted (via 615 of 61 engaging with 627 of 62, “a medical professional rotates the container 61 relative to the cover 62 so as to move the engaging pieces 615 away from the engaging grooves 627, so that the container 61 can be detached from the cover 62, and the water in the container 61 can be discarded.” Column 4, Lines 15-30) to the closure (62), the container (61) configured to contain fluid (“water”) received from the at least one inlet (via 30); and a resiliently deformable valve (63, “A valve member 63 is provided in the tubular recess 624, and has a valve head 631 disposed movably within the tubular recess 624, and a valve rod 632 extending downwardly from the valve head 631 through the water-discharge opening 625. The third connecting section 34 is spaced apart from the valve head 631 when the container 61 and the cover 62 are not interconnected.” Column 3, Lines 20-30) comprising a lower portion (632, “a valve rod 632”) and a central portion (631, “valve head 631”), the valve (63) configured to be positioned between and engage the closure (62) and the container (61), the valve (63) having an open configuration (Figure 3) where the closure (62) is mounted on the container (61) and a closed configuration (Figure 5) where the closure (62) is not mounted on the container (61), wherein in the open configuration (Figure 3) the container (61) causes the lower portion (632) to inwardly deflect (upwards from the container towards the closure) such that fluid from the at least one inlet (via 30) can flow through the valve (via 625, “the water-discharge opening 625” Column 3, Lines 20-30) and into the container (61), wherein in the closed configuration (Figure 5) the valve (63) prevents fluid from flowing through the valve (63).
As to Claims 2 and 12, Chang discloses the valve (63) comprises a valve stem (defined by the apex of 63 abutting 34) extending from the central portion (631).
As to Claims 3 and 13, Chang discloses the valve (63) comprises a plurality of spokes (defined by the central extensions from 631 to the abutment of 63 at 34) extending radially from the valve stem (defined by the apex of 63 abutting 34) and a plurality of cutouts (openings between the central extensions), each cutout (openings between the central extensions) of the plurality of cutouts (openings between the central extensions) being defined between each pair of adjacent spokes (defined by the central extensions from 631 to the abutment of 63 at 34), the plurality of cutouts (openings between the central extensions) allowing fluid form the at least one inlet (via 30) to flow (via 625, “the water-discharge opening 625” Column 3, Lines 20-30) through the valve (63) and into the container (61) in the open configuration (Figure 3).
As to Claims 4 and 14, Chang discloses the plurality of spokes (defined by the central extensions from 631 to the abutment of 63 at 34) at least partially enables the deflection (upwards) of the lower portion (632) of the valve (63) in the open configuration (Figure 3).
As to Claims 7 and 17, Chang discloses the at least one inlet (via 30) includes a valve seat (623, “the valve head 631 is spaced apart from the recess bottom wall 623, and abuts against the third connecting section 34, so that the tubular recess 624 communicates fluidly with the chamber 613 through the water-discharge opening 625.” Column 3, Lines 25-40) surrounding an aperture (625, “the water-discharge opening 625” Column 3, Lines 20-30) and the valve stem (defined by the apex of 63 abutting 34) including a valve seal (631, “valve head 631”), the valve stem (defined by the apex of 63 abutting 34) extending though the aperture (625) when the fluid trap is assembled (best seen Figure 3), wherein the valve seal (631) seals against the valve seat (623) in the closed configuration (best seen Figure 5).
As to Claims 8 and 18, Chang discloses the valve seal (631) is deformed to pass through the aperture (625) on assembly of the fluid trap (as shown in Figure 3).
As to Claim 11, Chang discloses a fluid trap (Figures 3 and 5) a breathing limb (“A respiratory tube assembly” Abstract) of a respiratory therapy system, the fluid trap (Figures 3 and 5) comprising: a closure (62, “a medical professional rotates the container 61 relative to the cover 62 so as to move the engaging pieces 615 away from the engaging grooves 627, so that the container 61 can be detached from the cover 62, and the water in the container 61 can be discarded. When the container 61 is detached from the cover 62, since the projection 614 is moved away from the valve rod 632 so that the valve rod 632 does not abut against the projection 614, the valve head 631 falls onto the recess bottom wall 623 by gravity, and seals the water-discharge opening 625.” Column 4, Lines 15-30) comprising at least one inlet (via 30, “Further, with reference to FIG. 3, when there is condensation buildup in the first and second tubular sleeves 40, 50, water condensed therein can flow into the container 61 through the first three-way connector 30.” Column 4, Lines 15-30), the at least one inlet (via 30) configured to connect to the breathing limb (“A respiratory tube assembly” Abstract) such that the at least one inlet (via 30) receives fluid (“water condensed therein”) from the breathing limb (“A respiratory tube assembly” Abstract); a container (61, “Further, with reference to FIG. 3, when there is condensation buildup in the first and second tubular sleeves 40, 50, water condensed therein can flow into the container 61 through the first three-way connector 30. When the amount of water in the container 61 reaches a predetermined height, with reference to FIG. 5, a medical professional rotates the container 61 relative to the cover 62 so as to move the engaging pieces 615 away from the engaging grooves 627, so that the container 61 can be detached from the cover 62, and the water in the container 61 can be discarded. When the container 61 is detached from the cover 62, since the projection 614 is moved away from the valve rod 632 so that the valve rod 632 does not abut against the projection 614, the valve head 631 falls onto the recess bottom wall 623 by gravity, and seals the water-discharge opening 625.” Column 4, Lines 15-30) configured to be removably mounted (via 615 of 61 engaging with 627 of 62, “a medical professional rotates the container 61 relative to the cover 62 so as to move the engaging pieces 615 away from the engaging grooves 627, so that the container 61 can be detached from the cover 62, and the water in the container 61 can be discarded.” Column 4, Lines 15-30) to the closure (62), the container (61) configured to contain fluid (“water”) received from the at least one inlet (via 30); and a resiliently deformable valve (63, “A valve member 63 is provided in the tubular recess 624, and has a valve head 631 disposed movably within the tubular recess 624, and a valve rod 632 extending downwardly from the valve head 631 through the water-discharge opening 625. The third connecting section 34 is spaced apart from the valve head 631 when the container 61 and the cover 62 are not interconnected.” Column 3, Lines 20-30) comprising a lower portion (632, “a valve rod 632”) and a central portion (631, “valve head 631”), the valve (63) configured to be positioned between and engage the closure (62) and the container (61), the valve (63) having an open configuration (Figure 3) where the closure (62) is mounted on the container (61) and a closed configuration (Figure 5) where the closure (62) is not mounted on the container (61), wherein in the open configuration (Figure 3) inward deflection (upwards from the container towards the closure) of the lower portion (632) causes an upward deflection of the central portion (631) such that fluid from the at least one inlet (via 30) can flow through the valve (via 625, “the water-discharge opening 625” Column 3, Lines 20-30) and into the container (61), wherein in the closed configuration (Figure 5) the valve (63) prevents fluid from flowing through the valve (63).
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 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Shanks et al. (4,457,305).
As to Claims 5 and 15, Shanks discloses the plurality of spokes (28); yet, does not expressly disclose the number of spokes to be “between three and eight spokes”.
In light of the relationship of the plurality of spokes (28) to provide a pathway by which fluid may be removed from the at least one inlet (18/20) of breathing limb (via 18/20) along the closure (22 via 16), about the valve (defined by the combination of 30 and 38) and into the container (14), it would have been obvious to one having ordinary skill in the art to select the number of spokes with respect to the desired number of fluid pathways leading into the container, since it has been held 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.
Hence, the claimed number of spokes being “between three and eight spokes” would be obvious to try choosing from a finite number of identified, predictable solutions with a reasonable expectation of success, whereby success would be defined by the ability to adequately direct the pathway of fluid to be removed from the at least one inlet (18/20) of breathing limb (via 18/20) along the closure (22 via 16), about the valve (defined by the combination of 30 and 38) and into the container (14).
Applicant has not asserted the specific number of spokes being “between three and eight spokes” provides a particular advantage, solves a stated problem, or serves a particular purpose different from the ability to adequately direct the pathway of fluid to be removed from the at least one inlet (18/20) of breathing limb (via 18/20) along the closure (22 via 16), about the valve (defined by the combination of 30 and 38) and into the container (14); thus, the use of the specific number of spokes appears to lack criticality in its design.
Consequently, one of ordinary skill in the art would have expected Applicant’s invention to perform equally well with the modified Shanks, as the number of spokes would yield the predictable results of adequately direct the pathway of fluid to be removed from the at least one inlet (18/20) of breathing limb (via 18/20) along the closure (22 via 16), about the valve (defined by the combination of 30 and 38) and into the container (14).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the number of spokes, a known result effective variable, in order to adequately direct the pathway of fluid to be removed from the at least one inlet (18/20) of breathing limb (via 18/20) along the closure (22 via 16), about the valve (defined by the combination of 30 and 38) and into the container (14).
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (8,156,935)..
As to Claims 5 and 15, Shanks discloses the plurality of spokes (defined by the central extensions from 631 to the abutment of 63 at 34); yet, does not expressly disclose the number of spokes to be “between three and eight spokes”.
In light of the relationship of the plurality of spokes (defined by the central extensions from 631 to the abutment of 63 at 34) to provide a pathway by which fluid may be removed from the at least one inlet (via 30) of breathing limb (“A respiratory tube assembly” Abstract) along the closure (62), about the valve (63) and into the container (61), it would have been obvious to one having ordinary skill in the art to select the number of spokes with respect to the desired number of fluid pathways leading into the container, since it has been held 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.
Hence, the claimed number of spokes being “between three and eight spokes” would be obvious to try choosing from a finite number of identified, predictable solutions with a reasonable expectation of success, whereby success would be defined by the ability to adequately direct the pathway of fluid to be removed from at least one inlet (via 30) of breathing limb (“A respiratory tube assembly” Abstract) along the closure (62), about the valve (63) and into the container (61).
Applicant has not asserted the specific number of spokes being “between three and eight spokes” provides a particular advantage, solves a stated problem, or serves a particular purpose different from the ability to adequately direct the pathway of fluid to be removed from the at least one inlet (via 30) of breathing limb (“A respiratory tube assembly” Abstract) along the closure (62), about the valve (63) and into the container (61); thus, the use of the specific number of spokes appears to lack criticality in its design.
Consequently, one of ordinary skill in the art would have expected Applicant’s invention to perform equally well with the modified Shanks, as the number of spokes would yield the predictable results of adequately direct the pathway of fluid to be removed from the at least one inlet (via 30) of breathing limb (“A respiratory tube assembly” Abstract) along the closure (62), about the valve (63) and into the container (61).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the number of spokes, a known result effective variable, in order to adequately direct the pathway of fluid to be removed from the at least one inlet (via 30) of breathing limb (“A respiratory tube assembly” Abstract) along the closure (62), about the valve (63) and into the container (61).
Conclusion
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785