DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 5, 7, 8, 13-15, 17 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tatkov (US 2013/0081616 A1)
Regarding claim 1, Tatkov discloses: A tracheal tube cover (4) [0070]-[0071] (figure 9), comprising:
a tube section (see annotated figure below) comprising an outer surface and an inner passage (as shown below), wherein the inner passage is configured to receive an end of a tracheal tube (at 5, see for example figure 1; this corresponds to the right end of figure 9); and
a cap section (94) comprising an inner cavity (see figure 9), wherein the inner cavity engages with one or more connectors (threading of figure 9) radially positioned along the outer surface of the tube section to couple a distal end of the tube section to the cap section (see figure 9).
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Regarding claim 2, Tatkov further discloses wherein the tube section defines a cylindrical configuration (see figure 9).
Regarding claim 4, Tatkov further discloses wherein the tube section is concentrically disposed relative to the cap section (see figure 9).
Regarding claim 5, Tatkov further discloses wherein the cap section comprises an opening at a proximal end and a closed surface at a distal end (see figure 9).
Regarding claim 7, Tatkov further discloses a space (between 94 and the tube section as shown in figure 9) based on coupling a partial length of the distal end of the tube section into the cap section (see figure 9).
Regarding claim 8, Tatkov further discloses wherein a diameter of an outer surface of the tube section is dimensioned smaller than a diameter of an inner surface of the cap section (see figure 9).
Regarding claim 13, Tatkov discloses: A tracheal tube system (figure 1), comprising: a tracheal tube comprising an air intake line with an open end (3) [0071]; and
a tracheal tube cover (4), comprising:
a tube section (see annotated figure below) comprising an outer surface and an inner passage (as shown below), wherein the inner passage is configured to receive the open end of the air intake line of the tracheal tube (at 5, see for example figure 1; this corresponds to the right end of figure 9); and
a cap section (94) comprising an inner cavity (see figure 9), wherein the inner cavity engages with one or more connectors (threading of figure 9) radially positioned along the outer surface of the tube section to couple a distal end of the tube section to the cap section (see figure 9).
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Regarding claim 14, Tatkov further discloses wherein the open end (3) of the air intake line of the tracheal tube is configured to be disposed externally of a human body (see figure 1).
Regarding claim 15, Tatkov further discloses wherein the tracheal tube cover (4) further comprises a space (between 94 and the tube section as shown in figure 9) based on coupling a partial length of the distal end of the tube section into the cap section (see figure 9).
Regarding claim 17, Tatkov further discloses wherein the tube section is concentrically disposed relative to the cap section (see figure 9).
Regarding claim 18, Tatkov further discloses wherein a distal end of the tube section is spaced from a closed inner surface of the cap section (as shown in figure 9).
Claim(s) 1, 3, 5, 6, 8, 9-13, 16-17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Niland (US 2015/0040895 A1).
Regarding claim 1, Niland discloses: A tracheal tube cover (100) [0030] (figure 1), comprising:
a tube section (206) comprising an outer surface (216) and an inner passage (defined by 214 as shown in figure 1, 2), wherein the inner passage is configured to receive an end of a tracheal tube [0032]; and
a cap section (200) comprising an inner cavity (defined by 218), wherein the inner cavity engages with one or more connectors (226) radially positioned along the outer surface of the tube section to couple a distal end of the tube section to the cap section (see figure 2).
Regarding claim 3, Niland further discloses wherein the inner passage of the tube section defines a uniform diameter between proximal and distal ends of the tube section (see figure 2).
Regarding claim 5, Niland further discloses wherein the cap section (200) comprises an opening (at bottom of figure 2) at a proximal end and a closed surface (top of figure 1, closed surface at 800 shown in figure 8) at a distal end (see figure 1, 10).
Regarding claim 6, Niland further discloses wherein the inner cavity of the cap section defines a uniform diameter between the opening and the closed surface (see figure 2).
Regarding claim 8, Niland further discloses wherein a diameter of an outer surface of the tube section is dimensioned smaller than a diameter of an inner surface of the cap section (see figure 2).
Regarding claim 9, Niland further discloses further comprising a passage between the outer surface of the tube section and the inner surface of the cap section unobstructed by the one or more connectors (see figure 2).
Regarding claim 10, Niland further discloses wherein the passage provides fluid communication between the outer surface of the tube section, the inner cavity of the cap section, and the inner passage of the tube section (see figure 2).
Regarding claim 11, Niland further discloses wherein a proximal end and a distal end of the one or more connectors (226) are pointed (see figure 2).
Regarding claim 12, Niland further discloses wherein at least one side of the one or more connectors (226) is curved (see figures 1, 3).
Regarding claim 13, Niland discloses: A tracheal tube system (see figure 14), comprising:
a tracheal tube comprising an air intake line with an open end [0032]; and
a tracheal tube cover (100) [0030] (figure 1), comprising:
a tube section (206) comprising an outer surface (216) and an inner passage (defined by 214 as shown in figure 1, 2), wherein the inner passage is configured to receive the open end of the air intake line of the tracheal tube [0032]; and
a cap section (200) comprising an inner cavity (defined by 218), wherein the inner cavity engages with one or more connectors (226) radially positioned along the outer surface of the tube section to couple a distal end of the tube section to the cap section (see figure 2).
Regarding claim 16, Niland further discloses wherein the inner passage of the tube section defines a uniform diameter between proximal and distal ends of the tube section (see figure 2).
Regarding claim 17, Niland further discloses wherein the tube section is concentrically disposed relative to the cap section (see figure 2).
Regarding claim 19, Niland further discloses wherein the tracheal tube cover further comprises a passage (224) between the outer surface of the tube section and the inner surface of the cap section unobstructed by the one or more connectors (see figure 2).
Regarding claim 20, Niland further discloses wherein a proximal end and a distal end of the one or more connectors (226) are pointed (see figure 2, which shows the top and bottom to be pointed) and at least one side of the one or more connectors is curved (see figure 1, 3 which shows the curve of 226).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA MURPHY whose telephone number is (571)270-7362. The examiner can normally be reached M-F 8:00am-4:00pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
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