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 Objections
Claim 4 objected to because of the following informalities:
Claim 4, line 3 change “extension portion.” to “extension portion,” (change the period to a comma).
Appropriate correction is required.
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.
Claim 10 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.
Claim 10 recites in lines 7-8 “the at least one HVE suction pathway includes a first LVE suction pathway that includes a first HVE bore”, it is unclear if this is the same “first LVE suction pathway” recited in line 3 of the claim. For the purpose of examination, the examiner is interpreting the first LVE suction pathway as the first HVE suction pathway.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 11-12, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 2021/0369427) in view of Erickson (US 3,924,333).
In regard to claim 1, Zhang discloses multi-suction device (figure 1-4) comprising:
at least one low-volume evacuation (LVE) suction pathway (thin-walled tubes 23) integrated into a housing (lip holders 2/pressure catheter 1), wherein:
a first end of the at least one LVE suction pathway (23) includes at least one LVE bore (holes or slots 231) that is situated on a portion of the housing that is configured to be inserted inside of an individual's mouth during a procedure (par 19 discloses the thin-walled tubes 23 having the holes or slots 231 being positioned within the oral cavity while in direct contact with the lips);
a second end of the at least one LVE suction pathway (23) includes at least one first opening that is configured to be directly or indirectly connected to one or more suction tubes (see figure 1 where the tube is joined to the negative pressure catheter and from a complete structure with it); and
the at least one LVE suction pathway (23) is configured to facilitate extraction of liquid from inside the individual's mouth via the at least one LVE bore during the procedure (par 25 discloses the placement of the holes or slots 231 of the thin wall tubes 23 being used to suck away spittle and tooth shard produced during the process of the root canal treatment in the patient’s oral cavity); and
at least one high-volume evacuation (HVE) suction pathway integrated into the housing (middle airway between the insert partitions 12, seen in figure 4 and discussed in par 21), wherein:
a first end of the at least one HVE suction pathway includes at least one HVE bore (square or round hole 11) that is configured to be situated in a vicinity outside of the individual's mouth during the procedure (par 23-25 discloses the round hole would be above the mouth of the user);
a second end of the at least one HVE suction pathway includes at least one second opening that is configured to be directly or indirectly connected to one or more second suction tubes (see figure 4 where the middle airway is portioned within the catheter 1 to the negative pressure generator 4); and
the at least one HVE suction pathway is configured to facilitate extraction of aerosol in the vicinity outside of the individual's mouth via the at least one HVE bore during the procedure (par 25 discloses the hole 11 rendering the lip holder clean of contaminants from therapeutic treatment and doctor’s visual observation clear and unaffected, as well as guaranteeing hygiene and health of the doctor and patient during treatment); and
wherein an internal wall or structure (insert partitions 12) within the multi-suction device separates the at least one LVE suction pathway from the at least one HVE suction pathway (see figure 4).
Zhang fails to disclose the at least one first opening located on the second end of the at least one LVE suction pathway and the at least one second opening located on the second end of the at least one HVE suction pathway are configured to be connected to separate suction tubes.
However, Erickson teaches a multi suction device (figure 2) with a first and second suction pathway (tube like arm 30 of figure 2), and a first opening and second opening (bores 26 and 28) located on an end of the first and second suction pathway (see figure 2), the first and second pathways being configured to be connected to separate suction tubes (see figure 2 and col 3, lines 25-32) for the purpose of permitting specific attachment to an evacuation tube to the desired suction (col 3, lines 25-30).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the patent to have an internal wall or structure within the multi-suction device separates the at least one LVE suction pathway from the at least one HVE suction pathway, and the at least one first opening located on the second end of the at least one LVE suction pathway and the at least one second opening located on the second end of the at least one HVE suction pathway are configured to be connected to separate suction tubes as taught by Erickson for the purpose of permitting specific attachment to an evacuation tube to the desired suction.
In regard to claim 2, Zhang discloses the at least one LVE suction pathway (23) includes at least one first channel within the housing connecting the at least one LVE bore to the at least one first opening (see figure 4); the at least one HVE suction pathway (between partition 12 extending past opening 11) includes at least one second channel within the housing connecting the at least one HVE bore to the at least one second opening (see figure 4); and the at least one first channel is separate from the at least one second channel (see figure 4).
In regard to claim 3, Zhang discloses the at least one LVE suction pathway (23) is separate and independent of the at least one HVE pathway (between partition 12, extending from opening 11, see figure 4); and the at least one LVE bore is adapted to evacuate the liquid via the at least one LVE suction pathway (par 25 discloses the placement of the holes or slots 231 of the thin wall tubes 23 being used to suck away spittle and tooth shard produced during the process of the root canal treatment in the patient’s oral cavity) and the at least one HVE bore is adapted to separately evacuate the aerosol via the at least one HVE suction pathway (par 25 discloses the hole 11 rendering the lip holder clean of contaminants from therapeutic treatment and doctor’s visual observation clear and unaffected, as well as guaranteeing hygiene and health of the doctor and patient during treatment).
Regarding claim 4, Zhang further discloses the housing includes a main body portion (1) and an extension portion (2);
the at least one LVE bore (231) is situated on the extension portion (see figure 2), the at least one LVE bore includes a first LVE bore and a second LVE bore (par 19 discloses there are a plurality of holes/slots distributed on the walled tube 23 of the lip holder 2);
the first LVE bore (231 on one side of the tube 23) is situated in a first position on the extension portion that permits extraction of liquid from a side of the individual’s mouth (par 25 discloses the placement of the holes or slots 231 of the thin wall tubes 23 being used to suck away spittle and tooth shard produced during the process of the root canal treatment in the patient’s oral cavity);
the second LVE bore (231 on the opposite side of the tube 23, see figure 3-4) is situated in a second portion on the extension portion that permits extraction of liquid from an opposite side of the individual’s mouth (see par 25, as stated above).
Regarding claim 11, Zhang discloses a multi-suction assembly (figure 1-4) comprising:
at least one low-volume evacuation (LVE) suction pathway (thin-walled tubes 23) integrated into a housing of the multi-suction assembly (lip holders 2/pressure catheter 1), wherein the at least one LVE suction pathway is configured to facilitate extraction of liquid inside an individual's mouth via at least one LVE bore included on the multi-suction assembly (par 19 discloses the thin-walled tubes 23 having the holes or slots 231 being positioned within the oral cavity while in direct contact with the lips); and
at least one high-volume evacuation (HVE) suction pathway (middle airway between the insert partitions 12, seen in figure 4 and discussed in par 21) integrated into the housing of the multi-suction assembly, wherein the at least one HVE suction pathway is configured to facilitate extraction of aerosol in a vicinity outside the individual's mouth via at least one HVE bore (square or round hole 11) included on the multi-suction assembly (par 23-25 discloses the round hole would be above the mouth of the user); and
a wall or structure (insert partitions 12) that separates the at least one LVE suction pathway from the at least one HVE suction pathway (see figure 4).
Zheng fails to disclose the at least one LVE suction pathway and the at least one HVE suction pathway are configured to be connected to separate suction tubes.
However, Erickson teaches a multi suction device (figure 2) a first and second suction pathway (tube like arm 30 of figure 2) and the first and second pathways being configured to be connected to separate suction tubes (see figure 2 and col 3, lines 25-32) for the purpose of permitting specific attachment to an evacuation tube to the desired suction (col 3, lines 25-30).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the patent to have an internal wall or structure within the multi-suction device separates the at least one LVE suction pathway from the at least one HVE suction pathway, and the at least one first opening located on the second end of the at least one LVE suction pathway and the at least one second opening located on the second end of the at least one HVE suction pathway are configured to be connected to separate suction tubes as taught by Erickson for the purpose of permitting specific attachment to an evacuation tube to the desired suction.
Regarding claim 12, Zhang further discloses the at least one LVE suction pathway (23) includes at least one channel or passage within the housing of the multi-suction assembly connecting the at least one LVE bore (231) to at least one of the one or more openings (see figure 4);
the at least one HVE suction pathway (between partition 12 extending past opening 11) includes at least one channel or passage within the housing of the multi-suction assembly connecting the at least one HVE bore to at least one of the one or more openings (see figure 4);
and the wall or the structure separates the at least one first channel from the at least one second channel (see figure 4).
Regarding claim 15, Zhang further discloses the housing includes a main body portion (1) and an extension portion (2); and
the at least one LVE bore (231) and the at least one HVE bore (11) are located on the extension portion (see figure 3).
Regarding claim 17, Zhang further disclose one or more vacuum systems (4) directly or indirectly connected to the one or more separate suction tubes (1), wherein the one or more vacuum systems (4) are configured to perform suctioning along the at least one LVE suction pathway and the at least one HVE suction pathway (par 19).
Claims 6-7, 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al in view of Erickson as applied to claims 1 and 11 above, and further in view of Renne (US 2021/0378804).
Regarding claim 6, Zhang/ Erickson discloses the claimed invention as set forth above in claim 1. Zhang disclose the housing includes a main body portion (1) and an extension portion (2), but fails to disclose the main body portion includes one or more first connectors; the extension portion being detachable includes one or more second connectors; and the one or more first connectors and one or more second connectors enable the extension portion to be detached from the main body portion.
However, Renee teaches a housing (figure 1), which includes a main body portion (200) and a detachable extension portion (100), the main body portion includes one or more first connectors (124), the detachable extension portion (100) includes one or more second connectors (122), and the one or more first connectors (124) and one or more second connectors (122) enable the extension portion to be detached from the main body portion (via the bolt 120) for the purpose of enabling the positioning in a desired orientation between the main body and extension (par 75).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhang/ Erickson to have the housing includes a main body portion and a detachable extension portion; the main body portion includes one or more first connectors; the detachable extension portion includes one or more second connectors; and the one or more first connectors and one or more second connectors enable the extension portion to be detached from the main body portion as taught by Renne for the purpose of exchanging and positioning the extension as desired.
Regarding claim 7, Zhang/ Erickson/Renne discloses the claimed invention as set forth above in claim 6. Zhang discloses at least one LVE bore (231) and the at least one HVE bore (11) are located on extension portion (2); and the at least one LVE suction pathway (23) and the at least one HVE suction pathway (between partition 12, extending from opening 11, see figure 4) extend through the main body portion and the detachable extension portion when the detachable extension portion is connected to the main body portion (see figure 1-3), but fails to disclose the extension portion being detachable. However, Renne discloses the extension portion (100) being detachable from a main body portion (200, via bolt 120, see par 75), for the reasons set forth above.
Regarding claim 10, Zhang/ Erickson discloses the claimed invention as set forth above in claim 1, Zhang further discloses the housing comprises a main body portion (1) and an extension portion (2);
the at least one LVE suction pathway includes a first LVE suction pathway (23, on one side, see figure 4) that includes a first LVE bore (231) located on the extension portion (see figure 4);
the at least one LVE suction pathway includes a second LVE suction pathway (23, on one side, see figure 4) that includes a second LVE bore (231) located on the extension portion (see figure 4);
the at least one HVE suction pathway includes a first LVE suction pathway (between partition 12, extending from opening 11, see figure 4) that includes a first HVE bore (11) located on the extension portion (see figure 3);
the first LVE suction pathway includes a first channel that extends within the housing and through both the main body portion and the detachable extension portion; the second LVE suction pathway includes a second channel that extends within the housing and through both the main body portion and the extension portion (see figure 1-2); and the first HVE suction pathway includes a third channel (between partition 12, extending from opening 11, see figure 4) that extends within the housing and through both the main body portion and the extension portion (see figure 4), but fails to disclose the extension portion being detachable.
However, Renne discloses the extension portion (100) being detachable from a main body portion (200, via bolt 120, see par 75) for the purpose of enabling the positioning in a desired orientation between the main body and extension (pa 75).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhang/ Erickson to have the extension portion being detachable as taught by Renne for the purpose of exchanging and positioning the extension as desired.
In regard to claim 13, Zhang/ Erickson discloses the claimed invention as set forth above in claim 11, and further discloses the at least one LVE bore or the at least one HVE bore are located on the extension portion (see figures 1-4), but fails to disclose the housing includes a main body portion and a detachable extension portion; the main body portion includes one or more first connectors; the detachable extension portion includes one or more second connectors; and the one or more first connectors and one or more second connectors enable the detachable extension portion to be detached from the main body portion.
However, Renee teaches a housing (figure 1), which includes a main body portion (200) and a detachable extension portion (100), the main body portion includes one or more first connectors (124), the detachable extension portion (100) includes one or more second connectors (122), and the one or more first connectors (124) and one or more second connectors (122) enable the detachable extension portion to be detached from the main body portion (via the bolt 120) for the purpose of enabling the positioning in a desired orientation between the main body and extension (pa 75).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhang/Erickson to have disclose the housing includes a main body portion and a detachable extension portion; the main body portion includes one or more first connectors; the detachable extension portion includes one or more second connectors; and the one or more first connectors and one or more second connectors enable the detachable extension portion to be detached from the main body portion as taught by Renne for the purpose of exchanging and positioning the extension as desired.
Regarding claim Claims 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al in view of Erickson as applied to claims 1 and 11 above, and further in view of Hirsch et al (WO 2011/057008).
In regard to claim 9, Zhang/Erickson discloses the claimed invention as set forth above in claim 1, but fails to disclose a first mechanical or electronic control enables suctioning via the at least one LVE suction pathway to be switched on and off; and a second mechanical or electronic control enables suctioning via the at least one HVE suction pathway to be switched on and off.
However, Hirsch teaches a first and second electronic/mechanical control (toggle 100) which enable LVE suction and HVE suction to be switched off and on (par 30 discloses the toggle 100 discloses switching between the low and high-volume aspiration) for the purpose of enabling aspiration of liquid and solids (par 30).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Zhang/Erickson to have the first mechanical or electronic control enables suctioning via the at least one LVE suction pathway to be switched on and off; and a second mechanical or electronic control enables suctioning via the at least one HVE suction pathway to be switched on and off as disclosed by Hirsch for the purpose of enabling suction of liquid and solids when desired.
In regard to claim 14, Zhang/Erickson discloses the claimed invention as set forth above in claim 11, but fails to disclose a first mechanical or electronic control enables suctioning via the at least one LVE suction pathway to be switched on and off; and a second mechanical or electronic control enables suctioning via the at least one HVE suction pathway to be switched on and off.
However, Hirsch teaches a first and second electronic/mechanical control (toggle 100) which enable LVE suction and HVE suction to be switched off and on (par 30 discloses the toggle 100 discloses switching between the low and high-volume aspiration) for the purpose of enabling aspiration of liquid and solids (par 30).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Zhang/Erickson to have the first mechanical or electronic control enables suctioning via the at least one LVE suction pathway to be switched on and off; and a second mechanical or electronic control enables suctioning via the at least one HVE suction pathway to be switched on and off as disclosed by Hirsch for the purpose of enabling suction of liquid and solids when desired.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al in view of Erickson as applied to claim 11 above, and further in view of McKelvey (US 4,083,115).
Regarding claim 18, Zhang/Erickson discloses the claimed invention as set forth above in claim 11, but fail to disclose at least one swivel connector, wherein the at least one swivel connector is configured to be connected to at least one of the one or more openings.
However, McKelvey teaches at least one swivel connector (2), wherein the at least one swivel connector (2) is configured to be connected to at least one of the one or more openings (13) for the purpose of enabling easier swiveling of the tube with one hand (col 1, lines 35-40).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhang/Erickson to have at least one swivel connector, wherein the at least one swivel connector is configured to be connected to at least one of the one or more openings as disclosed by McKelvey for the purpose of enabling easier swiveling of the tube with one hand.
Regarding claim 19, Zhang/ Erickson discloses the claimed invention as set forth above in claim 11, but fails to disclose the at least one swivel connector is formed of a flexible material and permits the at least one swivel connector to be deformed or bend.
However, McKelvey teaches at least one swivel connector (2) is formed of a flexible material and permits the at least one swivel connector to be deformed or bend (col 1, lines 65-67),
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhang/Erikson to have the at least one swivel connector is formed of a flexible material and permits the at least one swivel connector to be deformed or bend as taught by McKelvey for the purpose enabling easier swiveling of the tube with one hand.
Regarding claim 20, Zhang/Erickson discloses the claimed invention as set forth in claim 13, Zhang further discloses at least one suction tube interface component (joint tube 3) and a second end of the at least one suction tube interface is configured to be connected to the one or more suction tubes (3, see figure 1), but fails to disclose a first end of the at least one suction tube interface component is configured to be connected to the at least one swivel connector.
However, McKelvey teaches first end of the at least one suction tube interface component (portion 7) is configured to be connected to the at least one swivel connector (2, see figure 1-2).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhang/Erickson to have a first end of the at least one suction tube interface component is configured to be connected to the at least one swivel connector as taught by McKelvey for the purpose of enabling easier swiveling of the tube with one hand.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1- 2, 4, and 6-18 of U.S. Patent No. 11,925,523 in view of Erickson (US 3,924,333).
Regarding claim 1, the patent recites a multi-suction device comprising: at least one low-volume evacuation (LVE) suction pathway integrated into a housing (claim 1: col 14, lines 28-30), wherein:
a first end of the at least one LVE suction pathway includes at least one LVE bore that is situated on a portion of the housing that is configured to be inserted inside of an individual's mouth during a procedure (claim 1: col 14, lines 31-35);
a second end of the at least one LVE suction pathway includes at least one first opening that is configured to be directly or indirectly connected to one or more suction tubes (claim 1: col 14, lines 36-39); and
the at least one LVE suction pathway is configured to facilitate extraction of liquid from inside the individual's mouth via the at least one LVE bore during the procedure (claim 1: col 14, lines 40-43); and
at least one high-volume evacuation (HVE) suction pathway integrated into the housing (claim 1: col 14, lines 47-48), wherein:
a first end of the at least one HVE suction pathway includes at least one HVE bore that is configured to be situated in a vicinity outside of the individual's mouth during the procedure (claim 1: col 14, lines 49-53);
a second end of the at least one HVE suction pathway includes at least one second opening that is configured to be directly or indirectly connected to one or more second suction tubes (claim 1: col 14, lines 54-56); and
the at least one HVE suction pathway is configured to facilitate extraction of aerosol in the vicinity outside of the individual's mouth via the at least one HVE bore during the procedure (claim 1: col 14, lines 57-60); and
The patent fails to disclose an internal wall or structure within the multi-suction device separates the at least one LVE suction pathway from the at least one HVE suction pathway, and the at least one first opening located on the second end of the at least one LVE suction pathway and the at least one second opening located on the second end of the at least one HVE suction pathway are configured to be connected to separate suction tubes.
However, Erickson teaches a multi suction device (figure 2) with an internal wall or structure (interior of bite block 10) which separates a first and second suction pathway (tube like arm 30 of figure 2), and a first opening and second opening (bores 26 and 28) located on an end of the first and second suction pathway (see figure 2), the first and second pathways being configures to be connected to separate suction tubes (see figure 2 and col 3, lines 25-32) for the purpose of permitting specific attachment to an evacuation tube to the desired suction (col 3, lines 25-30).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the patent to have an internal wall or structure within the multi-suction device separates the at least one LVE suction pathway from the at least one HVE suction pathway, and the at least one first opening located on the second end of the at least one LVE suction pathway and the at least one second opening located on the second end of the at least one HVE suction pathway are configured to be connected to separate suction tubes as taught by Erickson for the purpose of permitting specific attachment to an evacuation tube to the desired suction.
Regarding claim 2, the patent recites the at least one LVE suction pathway includes at least one first channel within the housing connecting the at least one LVE bore to the at least one first opening; the at least one HVE suction pathway includes at least one second channel within the housing connecting the at least one HVE bore to the at least one second opening; and the at least one first channel is separate from the at least one second channel (claim 2).
Regarding claim 3, the patent recites the at least one LVE bore is adapted to evacuate the liquid via the at least one LVE suction pathway and the at least one HVE bore is adapted to separately evacuate the aerosol via the at least one HVE suction pathway (claim 1: col 14, lines 40-43 and 57-60), but fails to disclose the at least one LVE suction pathway is separate and independent of the at least one HVE pathway.
However, Erickson teaches a first and second suction pathway (figure 2), for the reasons set forth.
Regarding claim 4, the patent further discloses the housing includes a main body portion and an extension portion;
the at least one LVE bore is situated on the extension portion, the at least one LVE bore includes a first LVE bore and a second LVE bore;
the first LVE bore is situated in a first position on the extension portion that permits extraction of liquid from a side of the individual’s mouth;
the second LVE bore is situated in a second portion on the extension portion that permits extraction of liquid from an opposite side of the individual’s mouth (claim 4).
Regarding claim 5, the patent further recites the at least one HVE bore is situated on a bite block component included of the multi-suction device (claim 5: col 15, lines 16-18)
Regarding claim 6, the patent further recites the housing includes a main body portion and a detachable extension portion; the main body portion includes one or more first connectors; the detachable extension portion includes one or more second connectors; and the one or more first connectors and one or more second connectors enable the extension portion to be detached from the main body portion (claim 6).
Regarding claim 7, the patent further recites at least one LVE bore and the at least one HVE bore are located on the detachable extension portion; and the at least one LVE suction pathway and the at least one HVE suction pathway extend through the main body portion and the detachable extension portion when the detachable extension portion is connected to the main body portion (claim 7).
Regarding claim 8, the patent recites the housing includes a bite block component; and the at least one LVE bore is located on or adjacent to the bite block component (claim 1: lines 44-46).
Regarding claim 9, the patent recites a first mechanical or electronic control enables suctioning via the at least one LVE suction pathway to be switched on and off; and a second mechanical or electronic control enables suctioning via the at least one HVE suction pathway to be switched on and off (claim 8).
Regarding claim 10, the patent recites the housing comprises a main body portion and a detachable extension portion; the at least one LVE suction pathway includes a first LVE suction pathway that includes a first LVE bore located on the extension portion; the at least one LVE suction pathway includes a second LVE suction pathway that includes a second LVE bore located on the extension portion; the at least one HVE suction pathway includes a first LVE suction pathway that includes a first HVE bore located on the extension portion; the first LVE suction pathway includes a first channel that extends within the housing and through both the main body portion and the detachable extension portion; the second LVE suction pathway includes a second channel that extends within the housing and through both the main body portion and the detachable extension portion; and the first HVE suction pathway includes a third channel that extends within the housing and through both the main body portion and the detachable extension portion (claim 9).
Regarding claim 11, the patent recites a multi-suction assembly comprising: at least one low-volume evacuation (LVE) suction pathway integrated into a housing of the multi-suction assembly (claim 10: col 16, lines 1-6), wherein the at least one LVE suction pathway is configured to facilitate extraction of liquid inside an individual's mouth via at least one LVE bore included on the multi-suction assembly (claim 10: col 16, lines 6-7); and
at least one high-volume evacuation (HVE) suction pathway integrated into the housing of the multi-suction assembly, wherein the at least one HVE suction pathway is configured to facilitate extraction of aerosol in a vicinity outside the individual's mouth via at least one HVE bore included on the multi-suction assembly (claim 10: col 16, lines 12-17); and
The patent fails to disclose a wall or structure that separates the at least one LVE suction pathway from the at least one HVE suction pathway; wherein the at least one LVE suction pathway and the at least one HVE suction pathway are configured to be connected to separate suction tubes.
However, Erickson teaches a multi suction device (figure 2) with an internal wall or structure (interior of bite block 10) which separates a first and second suction pathway (tube like arm 30 of figure 2), and a first opening and second opening (bores 26 and 28) located on an end of the first and second suction pathway (see figure 2), the first and second pathways being configured to be connected to separate suction tubes (see figure 2 and col 3, lines 25-32) for the purpose of permitting specific attachment to an evacuation tube to the desired suction (col 3, lines 25-30).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the patent to have an internal wall or structure within the multi-suction device separates the at least one LVE suction pathway from the at least one HVE suction pathway, and the at least one first opening located on the second end of the at least one LVE suction pathway and the at least one second opening located on the second end of the at least one HVE suction pathway are configured to be connected to separate suction tubes as taught by Erickson for the purpose of permitting specific attachment to an evacuation tube to the desired suction.
Regarding claim 12, the patent recites the at least one LVE suction pathway includes at least one channel or passage within the housing of the multi-suction assembly connecting the at least one LVE bore to at least one of the one or more openings; the at least one HVE suction pathway includes at least one channel or passage within the housing of the multi-suction assembly connecting the at least one HVE bore to at least one of the one or more openings (claim 11).
The patent fails to disclose the wall or the structure separates the at least one first channel from the at least one second channel.
However, Erickson teaches a multi suction device (figure 2) with an internal wall or structure (interior of bite block 10) which separates a first and second suction pathway (tube like arm 30 of figure 2), for the reasons set forth above.
Regarding claim 13, the patent recites the housing includes a main body portion and a detachable extension portion; the main body portion includes one or more first connectors; the detachable extension portion includes one or more second connectors; and the one or more first connectors and one or more second connectors enable the detachable extension portion to be detached from the main body portion; and the at least one LVE bore or the at least one HVE bore are located on the detachable extension portion (claim 12).
Regarding claim 14, the patent recites a first mechanical or electronic control that enables suctioning via the at least one LVE suction pathway to be switched on and off; or a second mechanical or electronic control that enables suctioning via the at least one HVE suction pathway to be switched on and off (claim 13).
Regarding claim 15, the patent recites the housing includes a main body portion and an extension portion; and the at least one LVE bore and the at least one HVE bore are located on the extension portion (claim 14).
Regarding claim 16, the patent recites the housing includes a bite block component; and the at least one LVE bore is located on or adjacent to the bite block component (claim 10: col 16, lines 8-10)
Regarding claim 17, the patent recites one or more vacuum systems directly or indirectly connected to the separate suction tubes, wherein the one or more vacuum systems are configured to perform suctioning along the at least one LVE suction pathway and the at least one HVE suction pathway (claim 15).
Regarding claim 18, the patent recites at least one swivel connector, wherein the at least one swivel connector is configured to be connected to at least one of the one or more openings (claim 16).
Regarding claim 19, the patent recites the at least one swivel connector is formed of a flexible material and permits the at least one swivel connector to be deformed or bend (claim 17).
Regarding claim 20, the patent at least one suction tube interface component, wherein a first end of the at least one suction tube interface component is configured to be connected to the at least one swivel connector and a second end of the at least one suction tube interface is configured to be connected to at least one of the suction tubes (claim 18).
The patent fails to disclose the suction tubes are separated.
Erickson teaches the first and second pathways being configured to be connected to separate suction tubes (see figure 2 and col 3, lines 25-32), for the reasons set forth above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached references cited.
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/S.N.B./ Examiner, Art Unit 3772
/HEIDI M EIDE/ Primary Examiner, Art Unit 3772
12/29/2025