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
The amendment filed 04/30/2026 has been entered. Claims 1-20 are pending and under consideration.
Response to Arguments
Applicant’s arguments, filed 04/30/2026, with respect to Claim 20 rejection have been fully considered and are persuasive. The rejection of 02/04/2026 has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of new interpretation of Kaye et al (US 20110263939 A1), Taha et al (US 6491175 B1), Wimmer (US 6383132 B1), Dandy (US 6383132 B1) and Boulais (US 20060068360 A1) Accordingly, this action is second non-final.
Claim Objections
Claims 1, 2, 13 and 20 are objected to because of the following informalities:
Claim 1 lines 2 recites “the container” which should read “a reservoir”
Claim 2 line 1 recites “the first end” which should read “the first portion”
Claim 13 line 9 recites “the top portion” which should read “a top portion”
Claim 20 line 2 recites “the container” which should read “the reservoir”
Claim 20 line 13 recites “water bottle” which should read “the water bottle”
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, 9, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kaye et al (US 20110263939 A1) in view of Taha et al (US 6491175 B1).
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 reservoir (figure 1, system 10 arranged and configured to couple with an endoscope 12) arranged and configured to couple to an endoscope for use in an endoscopic procedure, the reservoir comprising:
a container (figure 1, water bottle 14) configured to contain a fluid, the container having a bottom portion and a top portion (figure 1, bottom portion and opposite top portion including a neck), the container having a wall (figure 1, wall of the water bottle 14) ;
a manifold (figures 1-6, adapter 16 coupled with the wall of the bottle opening) coupled with the wall and including a first portion positioned interior to the container (figure 3, inner portion including third port 34 positioned interior to the container) and engaging an interior surface of the wall and a second portion (figure 2, opposite top portion including first and second ports 26, 28 positioned exterior to the container and coupled to the first portion) positioned exterior to the container and coupled to the first portion, the manifold configured to couple a water supply tube (figure 4 [0047], first supply tube 30) and a gas supply tube (figure 4 [[0047] second supply tube 32] to the container; and
a port (figure 1 and [0022-0023] an opening positioned at the neck of the container adjacent to the top portion and provide selective fluid communication with the interior of the container by bottle cap; e.g., opening and closing the bottle cap selectively permits fluid communication between the interior and the exterior of the container) 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 manifold including a first portion engaging an interior surface of the wall, and the first portion is coupled to the first portion
Taha teaches a plastic closure cap, which is relatively pertinent to the problem posed by the applicant of providing a fluid-tight seal, including a first portion (figures 1 and 8 and col 5 line 40-67, second annual seal 50 is configured to engage the inner surface 64 and, the second annual seal is coupled to upper wall 22) engaging an interior surface of the wall, and the first portion is coupled to the first portion
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 Taha and provides the manifold as claimed for the purpose of withstanding internal pressure without leaking as taught by Taha (col 5 line 24-40).
Regarding claim 2, Kaye, as modified by Taha, teaches the reservoir of claim 1.
The combination further teaches wherein the first portion of the manifold comprises an air outlet and a fluid inlet (Kaye; figure 4, opening of 28 and port 34 arranged in the inner portion of the manifold).
Regarding claim 3, Kaye, as modified by Taha, teaches the reservoir 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 through 26 port 26).
Regarding claim 5, Kaye, as modified by Taha, teaches the reservoir of claim 2.
The combination further teaches wherein the second portion of the manifold comprises an air inlet (Kaye; figure 4 [0034] and [0047], exterior portion comprises a second port 28).
Regarding claim 6, Kaye, as modified by Taha, teaches the reservoir 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 is coupled to port 28).
Regarding claim 8, Kaye, as modified by Taha, teaches the reservoir of claim 1.
The combination further teaches wherein the manifold further comprises at least one laterally extending protrusion (Taha; figure 8, at least area 58 of second annular seal 50 laterally extending outward)
Regarding claim 9, Kaye, as modified by Taha, teaches the reservoir of claim 8.
The combination further teaches wherein the at least one laterally extending protrusion is positioned interior to the container (Taha; figures 1 and 9, lateral protrusion 58 of sealing ring 50 positioned interior to the container ).
Regarding claim 11, Kaye, as modified by Taha, teaches the reservoir of claim 1.
The combination further teaches further comprising a cap removably coupled to the port (Kaye; [0023] water bottle cap removably attached to neck of water bottle 14)
Regarding claim 12, Kaye, as modified by Taha, 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, first end of the tube connected to adapter 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 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).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kaye et al (US 20110263939 A1) in view of Taha et al (US 6491175 B1), and in further view of Maurice (US 20120088974 A1)
Regarding claim 4, Kaye, as modified by Taha, teaches the reservoir of claim 2.
The combination further teaches 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 Taha, 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 20110263939 A1) in view of Taha et al (US 6491175 B1), and in further view of Bendele et al (US 20120095293 A1)
Regarding claim 7, Kaye, as modified by Taha, 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, Bendele 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 Taha, 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 Dandy (US 6398760 B1)
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 disposed within the vessel and configured to contain a fluid, wherein the first chamber is compressible.
an inflatable bladder having an inlet and disposed within the vessel;
a water outlet (figure 3, port 28) in fluid communication with the first chamber;
a gas inlet (figure 3, second port 28) in fluid communication with the inflatable bladder; and
a port (figure 1 and [0022-0023] an opening positioned at the neck of the container adjacent to the top portion and provide selective fluid communication with the interior of the container by bottle cap; e.g., opening and closing the bottle cap selectively permits fluid communication between the interior and the exterior of the container) 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 the container and tube set comprising:
a first chamber disposed within the vessel and configured to contain a fluid, wherein the first chamber is compressible; and
an inflatable bladder having an inlet and disposed within the vessel;
the water outlet in fluid communication with the first chamber; and
the gas inlet in fluid communication with the inflatable bladder.
In the same field of endeavor, namely an infusion apparatus, Dandy teaches a vessel (figure 1, housing 14);
a first chamber (figure 1, collapsible bag 18 disposed within the housing 18 containing a fluid) disposed within the vessel and configured to contain a fluid, wherein the first chamber is compressible; and
an inflatable bladder (figure 1, inflatable bladder 20) having an inlet (figure 1, opening of bladder 20 adjacent and coupled to gas source 24) and disposed within the vessel;
a water outlet (figure 1, outlet of collapsible bag 18 coupled to outlet tube 36) in fluid communication with the first chamber; and
a gas inlet (figure 1, conduit 22 coupled to and in fluid communication with the bladder 20) 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, to incorporate the teachings of Dandy and provides the container and tube set as claimed for the purpose of delivering pressurized liquid at constant flow rate as taught by Dandy (col 1 line 15-55). Furthermore, one of skill in the art motivated to do so for the purpose of providing a physical barrier between the stored fluid and the gas, which could reduce the possibility of contamination of the water.
The proposed combination teaches disposing the inflatable bladder and the first chamber of Dandy within the vessel of Kaye. Given this arrangement, the port of Kaye would necessarily be positioned adjacent to the top portion of the chamber, as the port must be positioned to provide access to the first chamber and inflatable bladder within the vessel.
Regarding claim 14, Kaye, as modified by Dandy, 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 Dandy, 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 (Dandy; col 4 lines 22-45)
Regarding claim 18, Kaye, as modified by Dandy, teaches the container and tube set of claim 13.
The combination further teaches further comprising a cap removably coupled to the port (Kaye; [0023] water bottle cap removably attached to the opening of water bottle 14).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kaye et al (US 20200121171 A1) in view of Dandy (US 6398760 B1), and in further view of Maurice (US 20120088974 A1).
Regarding claim 15, Kaye, as modified by Dandy, 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 Dandy, 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 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kaye et al (US 20200121171 A1) in view of Dandy (US 6398760 B1) and Maurice (US 20120088974 A1), and in further view of Wimmer (US 6383132 B1)
Regarding claim 16, Kaye, as modified by Dandy and Maurice, teaches the container and tube set of claim 15.
The combination does not teach wherein the one-way valve is removable.
In the same field of endeavor, namely a water, air and suction valves on endoscopes, Wimmer teaches wherein the one-way valve is removable (col 2 lines 14-22).
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 Dandy and Maurice, to incorporate the teachings of Wimmer and provide the removable one-way valve for the purpose of enabling cleaning, repairing and maintaining of the device (col 2 lines 14-22).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kaye et al (US 20200121171 A1) in view of Dandy (US 6398760 B1), and in further view of Brandenburger et al (US 20100059474 A1).
Regarding claim 19, Kaye, as modified by Dandy, 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, Brandenburger 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, as modified by Dandy, to incorporate the teachings of Brandenburger and provides the cap as claimed for the purpose of allowing the adapter to be directly connected to the port without opening or removing the cap ([0043]) thereby maintaining the interior of the container under sterile condition.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kaye et al (US 20200121171 A1) in view of Boulais (US 20060068360 A1)
Regarding claim 20, Kaye teaches a reservoir arranged and configured to couple to an endoscope for use in an endoscopic procedure, the reservoir comprising:
a 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, bottom portion and opposite top portion);
a water supply tube (figure 2, first supply tube 30) including a first end, a second end, and a first lumen (figure 2, end of the tube coupled to connector 50, opposite end coupled to port 26, and 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 (figure 2, tube 32) tube including a first end, a second end, and a second lumen extending therethrough (figure 2, end of tube 32 coupled to connector 50, opposite end of the tube 32 coupled to port 28, lumen of tube 32), 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 second end positioned external to the container);
Kaye does not teach 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 single use fluid reservoir for an endoscope, Boulais teaches a port (figures and 3, fill spout 204 or 252 positioned adjacent to the top portion of the reservoir 200, and the spout comprises a removable cap 206 configured to provide selective fluid communication; e.g., opening and closing the cap selectively permits fluid communication between the interior and the exterior of the container) 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 (figures 2, 3 the spout 204 or 252 is free of tubes and/or conduits, and is capable of being directly coupled to a water bottle).
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 Boulais and provides the reservoir as claimed for the purpose of refilling the container during procedure as taught by Boulais ([0036-0037])
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: No prior art, alone or in combination, could be found to teach a manifold coupled with the wall and including a first portion positioned interior to the container and engaging an interior surface of the wall and a second portion positioned exterior to the container and coupled to the first portion; claim 8, wherein the manifold further comprises at least one laterally extending protrusion; and (claim 8) wherein the at least one laterally extending protrusion is adhered to the interior of the container.
The closest prior art Kaye (US 20110263939 A1), Taha (US 6491175 B1) teaches the device as claimed. Specifically Kaye and Taha, in combination, teach the manifold (Kaye; figure 1, adapter 16) comprising first portion engaging an interior surface of the wall and at least one laterally extending protrusion (Taha; figure 8, sealing area 56 laterally protrudes and engaging an interior surface of the wall). However, Kaye and Taha fails to teach the at least one laterally extending protrusion is adhered to the interior of the container. Irland (US 4308973 A) teaches a lid bonded and sealed to the container (figures 1 and 2),
Although, cited prior art above may collectively teaches the device as claimed, It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the prior art above to yield the limitation, as Kaya and Taha are configured to provide openable seal, and modification would result in a non-openable seal, and therefore altering the intended purpose and operation of Kaye and Taha.
Conclusion
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
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