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 .
Status of the Claims
Claims filed 07/07/2023 has been entered. Claims 1-20 are pending and under consideration.
Claim Objections
Claims 1, 2, 12 and 20 are objected to because of the following informalities:
Claim 1 line 3 recites “a container” which should read “the container”
Claim 2 line 1 recites “of manifold” which should read “of the manifold”
Claim 12 line 7 recites “container” which should read “the container”
Claim 20 line 3 “a container” which should read “the container”
Appropriate correction is required.
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.
Claims 1-3, 5, 6, 8-12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kaye et al (US 20200121171 A1) in view of Ramsey (US 20160073867 A1).
Regarding claim 1, Kaye substantially teaches applicant’s claimed invention, and specifically discloses a device with every structural limitation of applicant’s claimed invention (except for the limitations shown in italics and grayed-out) including:
a container (figure 1 and [0026], water bottle 14 configured to be coupled to an endoscope 12) arranged and configured to couple to an endoscope for use in an endoscopic procedure, the container comprising:
the container (figure 1 and [0028], water bottle 14) configured to contain a fluid, the container having a bottom portion and a top portion (figure 1, top portion, where adjacent to and coupled with adapter 16 and opposite bottom portion);
a manifold (figure 1, adapter 16) including a first end (figure 4, interior surface 24 configured to be positioned interior to the container) positioned interior to the container and a second end (figure 4, opposite exterior surface) positioned exterior to the container, the manifold configured to couple a water supply tube (figures 4, [0038]-[0039] and [0047], supply tube 30 ) and a gas supply tube (figure 4 and [0047]supply tube 32) to the container; and
a port positioned adjacent to the top portion of the container, wherein the port is configured to be in selective fluid communication with an interior of the container.
Kaye does not teach the container including a port positioned adjacent to the top portion of the container, wherein the port is configured to be in selective fluid communication with an interior of the container.
In the same field of endeavor, namely a container, Ramsey teaches a port (figures 7-9, opening 26) positioned adjacent to the top portion of the container, wherein the port is configured to be in selective fluid communication with an interior of the container (figures 7-9, opening selectively allows fluid communication with an interior when screw cap 30 is removed).
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 Kaye, to incorporate the teachings of Ramsey, and provide the port as claimed for the purpose of eliminating the need for providing pre-filled water bottle at a factory or packing plant, which reduces the weight of the container during transportation and lowers the associated costs as taught by Ramsey ([0080]). Furthermore, one of skill in the art motivated to do so as the port enables refilling of the container during the endoscopic procedure without removing the manifold from the container (adapter of Kaye), which reduces the possibility of contamination of the sterile water.
Regarding claim 2, Kaye, as modified by Ramsey, teaches the container of claim 1.
The combination further teaches wherein the first end of the manifold comprises an air outlet and a fluid inlet (Kaye; figure 4, opening of 28 on the interior surface 24 and port 34).
Regarding claim 3, Kaye, as modified by Ramsey, teaches the container of claim 2.
The combination further teaches wherein a first lumen of the water supply tube is fluidly coupled with the fluid inlet (Kaye; figures 4 and 7, the lumen of supply tube 30 being coupled to port 34).
Regarding claim 5, Kaye, as modified by Ramsey, teaches the container of claim 2.
The combination further teaches wherein the second end of the manifold comprises an air inlet (Kaye; figure 4 [0034] and [0047], second port 28 on the exterior surface of the cap 20).
Regarding claim 6, Kaye, as modified by Ramsey, teaches the container of claim 5.
The combination further teaches wherein a first end of the gas supply tube is coupled to the air inlet of the manifold (Kaye; figures 2 and 4, end of supply tube 32 where being coupled to port 28).
Regarding claim 8, Kaye, as modified by Ramsey, teaches the container of claim 1.
The combination does not teach wherein the manifold further comprises at least one laterally extending protrusion.
In the same field of endeavor, namely a container, Ramsey teaches wherein the manifold further comprises at least one laterally extending protrusion (figure 21, flange 341).
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 Kaye, as modified by Ramsey, to incorporate the teachings of Ramsey and provides the manifold as claimed for the purpose of effectively securing the portion of manifold securing supply tubes onto the container as taught by Ramsey ([0129]). For example, the assembly prevent the supply tubes from being twisted or kinking during rotation of screw-on portion of the manifold (cap 20 of Kaye) while maintaining a reliable fluid-tight interface.
Regarding claim 9, Kaye, as modified by Ramsey, teaches the container of claim 8.
The combination further teaches wherein the at least one laterally extending protrusion is positioned interior to the container (Ramsey; figure 21, the flange 341 disposed within the interior of the container 306 defined by collar 343 and receptacle 306)
Regarding claim 10, Kaye, as modified by Ramsey, teaches the container of claim 8,
The combination further teaches wherein the at least one laterally extending protrusion is adhered to the interior of the container (Ramsey; figure 21, the flange 341 adhered to the interior of the container defined by collar 343 and receptacle 306).
Regarding claim 11, Kaye, as modified by Ramsey, teaches the container of claim 1.
The combination does not teach further comprising a cap removably coupled to the port.
In the same field of endeavor, namely a container, Ramsey teaches further comprising a cap removably coupled to the port (figure 7 and [0087], cap 30).
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 Kaye, as modified by Ramsey, to incorporate the teachings of Ramsey, and provide the cap as claimed for the purpose of eliminating the need for providing pre-filled water bottle at a factory or packing plant, which reduces the weight of the container during transportation and lowers the associated costs as taught by Ramsey ([0080]). Furthermore, one of skill in the art motivated to do so as the port enables refilling of the container during the endoscopic procedure without removing the manifold from the container (adapter of Kaye), which reduces the possibility of contamination of the sterile water.
Regarding claim 12, Kaye, as modified by Ramsey, teaches the container of claim 1.
The combination further teaches wherein the water supply tube (Kaye; figure 2, supply tube 30) includes a first end (Kaye; figure 2, end of the tube which coupled to connector 50), a second end (Kaye; figure 2, opposite end of the tube coupled to port 26), and a first lumen (Kaye; figure 2, lumen of tube 30) extending therethrough, wherein the first lumen is in fluid communication with the bottom portion of the container (Kaye; figures 1 and 4, the tube 30 is in fluid communication with the bottom portion of the container through tube 36) and the second end of the water supply tube is positioned external to the container (Kaye; figure 2, the opposite end positioned external to the container); and
the gas supply tube (Kaye; figure 2, tube 32) includes a first end (Kaye; figure 2, end of tube 32 which coupled to connector 50), a second end (Kaye; figure 2, opposite end coupled to port 28), and a second lumen (Kaye; figure 2, lumen of tube 32) extending therethrough, wherein the second lumen is in operative fluid communication with the container and the second end of the gas supply tube is positioned external to the container (Kaye; figures 2, 4 and [0047], the tube is in fluid communication with the container and the first end being positioned external to the container,).
Regarding claim 20, Kaye teaches a container (figure 1, figure 1, water bottle 14 is configured to couple to an endoscope 12) arranged and configured to couple to an endoscope for use in an endoscopic procedure, the container comprising:
The container configured to contain a fluid ([0028]), the container having a bottom portion and a top portion (figure 1, top portion adjacent to and coupled with adapter 16 and opposite bottom portion);
a water supply tube (figure 2, supply tube 30) including a first end (figure 2, end of tube coupled to connector 50), a second end (figure 2, opposite end coupled to port 26), and a first lumen (figure 2, lumen of tube 30) extending therethrough, wherein the first lumen is in fluid communication with the bottom portion of the container and the second end of the water supply tube is positioned external to the container (figures 1 and 2, the tube is in fluid communication with the bottom of the container through tube 36 and the first end positioned external to the container);
a gas supply tube (figure 2, tube 32) including a first end (figure 2, end of tube 32 coupled to connector 50), a second end (figure 2, opposite end of tube 32 coupled to port 28), and a second lumen (figure 2, lumen of tube 32) extending therethrough, wherein the second lumen is in operative fluid communication with the container and the second end of the gas supply tube is positioned external to the container ()figures 2, 4 and [0047] the tube is in operative fluid communication with the container and the fist end being positioned external to the container); and
a port positioned adjacent to the top portion of the container, wherein the port is configured to be in selective fluid communication with the container and
wherein the port is configured to couple directly to a water bottle, the coupling between the port and water bottle free from tubes and/or conduits.
Kaye does not teach the container comprising:
a port positioned adjacent to the top portion of the container, wherein the port is configured to be in selective fluid communication with the container and
wherein the port is configured to couple directly to a water bottle, the coupling between the port and water bottle free from tubes and/or conduits.
In the same field of endeavor, namely a container, Ramsey teaches a port (figures 7-9, opening 26) positioned adjacent to the top portion of the container, wherein the port is configured to be in selective fluid communication with the container (figures 7-9, opening selectively allows fluid communication with the interior when screw cap 30 is removed); and
wherein the port is configured to couple directly to a water bottle, the coupling between the port and water bottle free from tubes and/or conduits (see figures 7-9 [0087] the port can be directly coupled to water bottle, i.e., water bottle can be directly coupled to opening 26 without tubes and/or conduit and fills the receptacle 6).
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 Kaye, to incorporate the teachings of Ramsey, and provide the port as claimed for the purpose of eliminating the need for providing pre-filled water bottle at a factory or packing plant, which reduces the weight of the container during transportation and lowers the associated costs as taught by Ramsey ([0080]). Furthermore, one of skill in the art motivated to do so as the port enables refilling of the container during the endoscopic procedure without removing the manifold from the container (adapter of Kaye), which reduces the possibility of contamination of the sterile water.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kaye et al (US 20200121171 A1) in view of Ramsey (US 20160073867 A1), and in further view of Maurice (US 20120088974 A1)
Regarding claim 4, Kaye, as modified by Ramsey, teaches the container of claim 2.
The combination does not teach wherein the air outlet comprises a one-way valve.
In the same field of endeavor, namely a hybrid apparatus for fluid supply for endoscopic irrigation, Maurice teaches wherein the air outlet comprises a one-way valve (figure 2 and [0028], one-way check valve 13g).
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 Kaye, as modified by Ramsey, to incorporate the teachings of Maurice and provide the one-way valve as claimed for the purpose of preventing the back flow of air into the gas supply tube as taught by Maurice ([0028]) thereby preventing negative pressure from forming in the fluid source.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kaye et al (US 20200121171 A1) in view of Ramsey (US 20160073867 A1), and in further view Bendele et al (US 20120095293 A1)
Regarding claim 7, Kaye, as modified by Ramsey, teaches the container of claim 5.
The combination does not teach wherein the water supply tube is configured to extend coaxially through the air inlet of the manifold to the fluid inlet.
In the same field of endeavor, namely an universal cap, Adams teaches wherein the water supply tube is configured to extend coaxially through the air inlet of the manifold to the fluid inlet (annotated figure 7, the water tube 120 extend coaxially through the air inlet to the fluid inlet).
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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 Kaye, as modified by Ramsey, to incorporate the teachings of Bendele and provides the water supply tube as claimed, and one of skill in the art motivated to do so for the purpose of preventing the tube from kinking or twisting while the manifold is being rotationally coupled onto the container opening.
Claims 13, 14, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kaye et al (US 20200121171 A1) in view of Ramsey (US 20160073867 A1) and Ota et al (US 20030032862 A1)
Regarding claim 13, Kaye teaches a container and tube set (figure 1, system 10) arranged and configured to couple to an endoscope for use in an endoscopic procedure, the container and tube set comprising:
a vessel (figure 1, water bottle 14);
a first chamber (figure 1 and [0028], interior chamber of the water bottle 14) disposed within the vessel and configured to contain a fluid;
an inflatable bladder having an inlet and disposed within the vessel;
a water outlet (figure 4, port 26) in fluid communication with the first chamber;
a gas inlet (figure 4, port 28) in fluid communication with the inflatable bladder; and
a port positioned adjacent to the top portion of the first chamber, wherein the port is configured to be in selective fluid communication with an interior of the first chamber.
Kaye does not teach a port positioned adjacent to the top portion of the first chamber, wherein the port is configured to be selective fluid communication with an interior of the first chamber.
In the same field of endeavor, namely a container, Ramsey teaches a port (figures 7-9, opening 26) positioned adjacent to the top portion of the first chamber, wherein the port is configured to be selective fluid communication with an interior of the first chamber (figures 7-9, opening selectively allows fluid communication with an interior when screw cap 30 is removed).
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 Kaye, to incorporate the teachings of Ramsey, and provide the port as claimed for the purpose of eliminating the need to pre-fill it water at a factory or packing plant, which reduces the weight of the container during transportation and lowers the associated costs as taught by Ramsey ([0080]). Furthermore, one of skill in the art motivated to do so as the port enables refilling of the container during the endoscopic procedure without removing the manifold from the container (adapter of Kaye), which reduces the possibility of contamination of the water.
The combination does not teach the container and tube set comprising an inflatable bladder having an inlet and disposed within the vessel, and
the gas inlet in fluid communication with the inflatable bladder.
In the same field of endeavor, namely a liquid and gas supply apparatus, Ota teaches an inflatable bladder (figure 2, balloon 31 disposed within a tank 30) having an inlet (figure 2, opening of balloon which coupled to tube 26a) and disposed within the vessel, and the gas inlet (figure 2, tube 26a) in fluid communication with the inflatable bladder.
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 Kaye, as modified by Ramsey, to incorporate the teachings of Ota and provide the vessel as claimed for the purpose of preventing unexpected discharge of liquid as taught by Ota ([0008]), and one of skill in the art motivated to do so for the purpose of providing a physical barrier between the stored fluid and the external environment, which preventing contamination of the water.
Regarding claim 14, Kaye, as modified by Ramsey and Ota, teaches the container and tube set of claim 13.
The combination further teaches wherein the water outlet comprises a water supply tube (Kaye; figure 2, supply tube 30) including a first end (Kaye; figure 2, end of the tube which coupled to connector 50), a second end (Kaye; figure 2, opposite end coupled to port 26), and a first lumen (Kaye; figure 2, lumen of tube 30) extending therethrough, wherein the first lumen is in fluid communication with the first chamber (Kaye; figures 1 and 4, the tube 30 is in fluid communication with the container through tube 36) and the second end of the water supply tube is positioned external to the container (Kaye; figure 2, the opposite end positioned external to the container); and
Wherein the gas inlet the gas supply tube (Kaye; figure 2, tube 32) includes a first end (Kaye; figure 2, end of tube 32 which coupled to connector 50), a second end (Kaye; figure 2, opposite end coupled to port 28), and a second lumen (Kaye; figure 2, lumen of tube 32) extending therethrough, wherein the second lumen is in operative fluid communication with the inlet of the inflatable bladder and the second end of the gas supply tube is positioned external to the container (Kaye; figures 2, 4 and [0047], the tube is in fluid communication with the inflatable bladder of the combination and the first end being positioned external to the container,).
Regarding claim 17, Kaye, as modified by Ramsey and Ota, teaches the container and tube set of claim 13.
The combination further teaches wherein the inflatable bladder is configured to expand to expel fluid from the first chamber (Ota; figure 3b and [0038])
Regarding claim 18, Kaye, as modified by Ramsey and Ota, teaches the container and tube set of claim 13.
The combination does not teach further comprising a cap removably coupled to the port.
In the same field of endeavor, namely a container, Ramsey teaches further comprising a cap removably coupled to the port (figure 7 and [0087], cap 30).
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 Kaye, as modified by Ramsey and Ota, to incorporate the teachings of Ramsey, and provide the cap as claimed for the purpose of eliminating the need for providing pre-filled water bottle at a factory or packing plant, which reduces the weight of the container during transportation and lowers the associated costs as taught by Ramsey ([0080]). Furthermore, one of skill in the art motivated to do so as the port enables refilling of the container during the endoscopic procedure without removing the manifold from the container (adapter of Kaye), which reduces the possibility of contamination of the sterile water.
Claims 15 and 16 rejected under 35 U.S.C. 103 as being unpatentable over Kaye et al (US 20200121171 A1) in view of Ramsey (US 20160073867 A1) and Ota et al (US 20030032862 A1), and in further view of Maurice (US 20120088974 A1)
Regarding claim 15, Kaye, as modified by Ramsey and Ota, teaches the container and tube set of claim 13.
The combination does not teach wherein the air outlet comprises a one-way valve disposed in the inlet of the inflatable bladder
In the same field of endeavor, namely a hybrid apparatus for fluid supply for endoscopic irrigation, Maurice teaches wherein the air outlet comprises a one-way valve disposed in the inlet of the inflatable bladder (figure 2 and [0028], one-way check valve 13g).
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 Kaye, as modified by Ramsey and Ota, to incorporate the teachings of Maurice and provide the one-way valve as claimed for the purpose of preventing the back flow of air into the gas supply tube as taught by Maurice ([0028]) thereby preventing negative pressure from forming in the fluid source.
Regarding claim 16, Kaye, as modified by Ramsey and Ota, teaches the container and tube set of claim 15.
The combination does not teach wherein the one-way valve is removable.
However, a mere making removable has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 V.C).
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 Kaye, as modified by Ramsey, Ota and Maurice, to make the one-way valve removable in order to utilize the device in alternative operational mode suggested by Ota (figures 4a-b). For example, by removing the one-way valve, the inflatable bladder can be used as a fluid reservoir, while the first chamber functions as a pneumatic pressure chamber.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kaye et al (US 20200121171 A1) in view of Ramsey (US 20160073867 A1) and Ota et al (US 20030032862 A1), and in further view of Brandenburger et al (US 20100059474 A1).
Regarding claim 19, Kaye, as modified by Ramsey and Ota, teaches the container and tube set of claim 15.
The combination does not teach wherein the cap comprises a tapered plug, a self-sealing cap, or a self-sealing valve.
In the same field of endeavor, namely a closure cap for a container for receiving medical liquids, Brandnburger teaches wherein the cap comprises a tapered plug, a self-sealing cap, or a self-sealing valve (figure 3, self-sealing membrane 16).
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 Kaye, to incorporate the teachings of Ramsey and Ota, to incorporate the teachings of Brandenburger and provides the cap as claimed for the purpose of allowing liquid to be injected or withdrawn without opening the cap ([0043]) thereby maintaining the interior of the container under sterile condition.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ito (US 20030045779 A1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH HAN whose telephone number is (571)272-2545. The examiner can normally be reached M-F 0900-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SETH HAN/Examiner, Art Unit 3781