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 08/24/2026 has been entered. Claims 1 and 4-7 are pending and under consideration.
Response to Arguments
In response to the applicant’s argument with respect to 35 USC 102 and 103 rejections have been considered and are at least partially persuasive, but are moot in light of new ground of rejection.
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 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Ebert et al (US 20110296983 A1) in view of Kim et al (KR 20030078486 A; provided by IDS) and Yoshizawa et al (US 20190203639 A1).
Regarding claim 1, Ebert 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 medical suction pump (figures 1-6 and abstract, piston pump) comprising:
a body (figure 1, body of the pump including a motor housing 10);
a motor (figure 1, a motor 1 provided in the motor housing 10) provided in the body;
a rotational shaft (figure 1 and [0032], crankshaft 6 connected to the motor and configured to be rotated by motor) connected to the motor and configured to rotate according to a driving of the motor;
a crank (figures 1 and 2 and [0022 and 0033], crank 5 and 5’ connected to the crankshaft 6, and the arrangement of crankshaft, crank and piston roads 44 converts the rotation of the crankshaft into linear reciprocating movement of the piston rods. The crank is configured to rotate about the crankshaft axis, while the piston rods work at 90 degree offset to the crankshaft, as shown figure 2, the arrangement coverts the rotation of the crankshaft into reciprocating movement of piston rods) having one end connected to the rotational shaft and configured to convert a rotational motion of the rotational shaft into a linear reciprocating motion;
a piston (figure 4, piston 42) including a connecting rod (figures 1 and 3 and [0033], piston rods 44 and 44’ connected to the piston head) connected to the other end of the crank and a piston head connected to the connecting rod; and
a cylinder (figure 3, cylinder 4, 4’ accommodating the pump head) configured to accommodate the piston head therein and having a suction/exhaust port (figure 3, inlet/outlets 46 and 47) formed therein,
wherein the suction/exhaust port of the cylinder is configured to be connected to a storage in which objects suctioned via a tube are stored, and
wherein a negative pressure is generated when the piston head accommodated in the cylinder moves in a first direction and a second direction opposite to the first direction (figure 3, the piston reciprocates between the cylinder head 49 and bottom 45. Movement of the piston toward the bottom 45 generates negative pressure through port 47, while movement toward the head 49 generates negative pressure through port 46 ),
wherein the connecting rod is connected to a crank shaft (annotated figures 1 and 2, crank shaft) of the crank via a first bearing, and the cylinder is connected to an auxiliary shaft (figures 1 and 2 and [0010 and 0013] cylinder 4 and 4’ are connected to a support arm 20 via leaf spring bearing 36) fixed to the body via a second bearing,
wherein the crank shaft is configured to circulate at a radius corresponding to a length of the crank (annotated figures 1 and 2, the crank shaft set forth in the annotated figure configured to circulate at a radius corresponding to a length of the crank), and the cylinder is configured to make a reciprocating angular motion within a predetermined angle through an auxiliary shaft fixed to the body ([0047] the cylinder is pivotally connected to the stationary support arm through the leaf-spring bearing, which permits angular reciprocating movement of the cylinder within a predetermined angle),
wherein the cylinder, the piston, and the crank include a pair of cylinders, a pair of pistons and a pair of cranks, respectively, which are provided on both sides of the body (figure 1),
wherein the pair of cranks are configured such that the one ends connected to the rotational shaft faces each other (figure 1, each pair of crank 5, 5’ connected to the crankshaft 6 faces each other), and
wherein reciprocating motions of the pair of pistons respectively connected to the pair of cranks have opposite phases (figure 1 [0020, 0022 and 0033], each piston rods are angularly offset by 90 degree relative to the crankshaft 6 and by 180 degree relative to each other, such that the pistons reciprocate in opposite phases).
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Ebert does not teach wherein the suction/exhaust port of the cylinder is configured to be connected to a storage in which objects suctioned via a tube are stored.
In the same field of endeavor, namely a medical suction unit, Kim teaches wherein the suction/exhaust port of the cylinder is configured to be connected to a storage in which objects suctioned via a tube are stored (figures 1-2, suction and exhaust ports are configured to be connected to discharge bottle 145 through discharge tube 142 and valve 130).
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 Ebert, to incorporate the teachings of Kim and provides the suction/exhaust port of the cylinder as claimed for the purpose of transmitting the discharge force to suction tube 141 and collect the discharge to the storage as taught by Kim (translation page 2).
The combination does not teach wherein the connecting rod is connected to a crank shaft of the crank via a first bearing.
In the same field of endeavor, namely a driving apparatus that converts rotating motion into linear motion, Yoshizawa teaches wherein the connecting rod (figure 11, piston rod 34 is connected to a crank shaft 26a via bearing b3) is connected to a crank shaft of the crank via a first bearing.
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 Ebert, as modified by Kim, to incorporate the teachings of Yoshizawa and provide the first bearing as claimed, and one of skill in the art motivated to do so, for the purpose of reducing friction and wear between the crankshaft and the connecting rod thereby facilitating reliable operation of the device over an extended period of time as taught by Yoshizawa ([0070]).
Regarding claim 5, Ebert as modified by Kim and Yoshizawa, teaches the medical suction pump of claim 1.
The combination further teaches wherein the pair of cylinders are configured to generate the negative pressure in an alternate manner (Ebert; figures 1 and 3 [0020, 0022 and 0033], pistons are configured to reciprocate in opposite phase thereby generating the negative pressure in an alternate manner, i.e., the piston 42 of cylinder 4 moves toward the bottom 45 and generating and providing negative pressure through inlet 47 of piston 4, while piston 42 of opposite cylinder 4’ moves toward the cylinder head 49 and generating and providing negative pressure through inlet 47 of cylinder 4’).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ebert et al (US 20110296983 A1) in view of Kim et al (KR 20030078486 A; provided by IDS) and Yoshizawa et al (US 20190203639 A1), and in further view of Kelly et al (US 20080177224 A1)
Regarding claim 4, Ebert, as modified by Kim and Yoshizawa, teaches the medical suction pump of claim 1.
The combination does not teach wherein the suction/exhaust port formed in each of the pair of cylinders is connected to a medical suction device via a T-shaped connection portion.
In the same field of endeavor, namely an electric breast pump, Kelly teaches wherein the suction or exhaust port formed in each of the pair of cylinders (figure 1, T-shaped connector 27 connecting pump system 11 to vacuum lines 31 and 32) is connected to a medical suction device via a T-shaped connection 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 Ebert, as modified by Kim and Yoshizawa, to incorporate the teachings of Kelly and provides the T-shaped connection portion as claimed, and one of skill in the art motivated to do so, for the purpose of fluidly connecting the pair of cylinders to merge the vacuum pressure generated from each cylinder and combining and delivering the vacuum to a suction site, thereby providing desired pressure level without increasing the cylinder and piston size or increasing motor actuation speed.
Regarding claim 7, Ebert, as modified by Kim and Yoshizawa, teaches a medical suction device comprising: the medical suction pump according to Claim 1 (see claim 1 rejection above);
a suction part (figures 1-4, discharge tube 142 connected to aspirator 100) connected to the suction pump and including a storage (Kim; figures 1-4, discharge bottle 145) in which objects to be suctioned are stored (Kim; translation page 2);
The combination does not expressly teach a controller electrically connected to the motor of the medical suction pump and configured to control an operation of the motor
In the same field of endeavor, namely an electric breast pump, Kelly teaches a controller ([0023-0024 and 0057] pump control circuit including on-off switch and vacuum rate selector 21 electrically and operatively connected to motor to control speed of vacuum pump motor) electrically connected to the motor of the medical suction pump and configured to control an operation of the motor.
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 Ebert, as modified by Kim and Yoshizawa, to incorporate the teachings of Kelly and provide the controller as claimed for the purpose of electrically controlling vacuum rate as taught by Kelly ([0057])
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ebert et al (US 20110296983 A1) in view of Kim et al (KR 20030078486 A; provided by IDS) and Yoshizawa et al (US 20190203639 A1), and in further view of Davie et al (US 20190001029 A1)
Regarding claim 6, Ebert, as modified by Kim and Yoshizawa, teaches the medical suction of claim 1.
The combination does not teach wherein the body is formed of aluminum and has a thickness of 10 mm or more.
In the same field of endeavor, namely a lavage system, Davie teaches wherein the body is formed of aluminum ([0068] and figure 4, noise attenuating enclosure 140 unit comprises barriers 1421, 144a, 146a, 148a, 150a and 152a surrounding vacuum pump 132 comprises aluminum walls).
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 Ebert, as modified by Kim and Yoshizawa, to incorporate the teachings of Davie and provide the body as claimed for the purpose of attenuating noise generated from the vacuum pump while providing desired rigidity protecting the vacuum pump as taught by Davie ([0068]).
The combination does not expressly teach the aluminum has a thickness of 10 mm or more; though
Davie teaches the walls may be sheet metal walls having a thickness of ½ inch or less.
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 Ebert, as modified by Kim, Yoshizawa and Davie, and provides the aluminum has a thickness of 10 mm or more since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” (MPEP 2144.05(I)). In the instant case, one of skill in the art motivated to do so for the purpose of providing desired rigidity and noise attenuation. Furthermore, the applicant has not shown unexpected result gleaming from the claimed range (specification [0047]), and therefore the claimed device is not patentably distinct from the prior art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
