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 .
Specification
The disclosure is objected to because of the following informalities: in multiple instances “coarse fiber membrane” is spelled “course fiber membrane”.
Appropriate correction is required.
Claim Objections
Claims 9 and 19 are objected to because of the following informalities:
Claim 9 and Claim 19 said “course fiber membrane” should read “coarse fiber membrane” for clarity and consistency.
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.
Claims 7 and 17 are 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 7 states that the first and second reservoir must be “large enough to accommodate water for 12 hours of continuous use.”, thus rendering the claim indefinite as it is unclear what the applicant considers “large enough”.
Claim 17 states that the first and second reservoir must be “large enough to accommodate water for 12 hours of continuous use.”, thus rendering the claim indefinite as it is unclear what the applicant considers “large enough”.
Claim Rejections - 35 USC § 102
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.
Claims 1-5, 9-15, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Silver (US 2019/0388631).
Regarding Claim 1, Silver discloses a sample gas filter for a therapeutic gas delivery device (10), the sample gas filter (24) comprising (Fig.1; Claim 1):
a housing (28) having a sample gas inlet (54a, 54b, and 54c) (Fig. 2; [0050]) and a sample gas outlet (52a, 52b, and 52c) (Fig. 3; [0050]), the sample gas inlet operable to receive a sample gas from a sample line connected to an inspiratory line (36) (Fig. 1; [0046]) of the therapeutic gas delivery device;
a first chamber (26) disposed in the housing (28), the first chamber comprising (Fig.2; [0047]):
a first filter membrane (38a) (Fig. 2; [0047]);
and a first reservoir disposed between the sample gas inlet (46) and the first filter membrane (38a) (Fig. 2; [0048]); and
a second chamber (42) disposed in the housing, the second chamber comprising (Fig. 1; [0026]):
a second filter membrane (38b) (Fig. 4; [0046]); and
a second reservoir (40) disposed between the first filter membrane (38a) and the sample gas outlet (50) (Fig. 3; [0046-0047]),
wherein the first reservoir and the second reservoir are oriented axially such that the sample gas filter is operable to be used in any axial orientation, and
wherein the sample gas filter is operable to remove water vapor from the sample gas and collect water in the first reservoir and/or the second reservoir (Fig. 2).
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Regarding Claim 2, Silver discloses the sample gas filter of claim 1, as discussed above.
Silver further discloses wherein the first chamber (26) further comprises (Fig. 2; [0047]):
a baffle plate (30) operable to support the first filter membrane (38a) on a first side of the first filter membrane (Fig. 3);
and a fiber membrane (200) operable to support the first filter membrane (38a) on a second side of the first filter membrane (Fig. 7).
Regarding Claim 3, Silver discloses the sample gas filter of claim 1, as discussed above.
Silver further discloses wherein the second chamber (42) (Fig. 7 [0047]) further comprises:
a press-fit baffle (56) (Fig. 7) operable to support the second filter membrane (38b) (Fig. 7) on a first side of the second filter membrane and
a labyrinth support (50) (Fig. 7) on a wall of the housing having the sample gas outlet, the labyrinth support operable to support the second filter membrane (38b) (Fig. 7) on a second side of the second filter membrane.
Regarding Claim 4, Silver discloses the sample gas filter of claim 1, as discussed above.
Silver further discloses wherein the housing (28) and each of the chambers (26 and 42) have a substantially circular cross-section (Figs. 2-3 and 7-8).
Regarding Claim 9, Silver discloses the sample gas filter of claim 2, as mentioned above.
Silver further discloses wherein the fiber membrane (200) is a course fiber membrane comprising sintered porous plastic (Figure 7; [0014]).
Regarding Claim 10, Silver discloses the sample gas filter of claim 1, as mentioned above.
Silver further discloses wherein the first filter membrane (38a) and the second filter membrane (38b) are separated to prevent wicking between the membranes (38a and 38b are separated by a separator wall 56 and a fiber membrane 44; Fig. 2).
Regarding Claim 11, Silver discloses a sample gas filter (24) for a therapeutic gas delivery device (10), the sample gas filter comprising (Fig. 1; Claim 1):
a housing (28) having a sample gas inlet (54a, 54b, and 54c) (Fig. 2; [0050]) and a sample gas outlet (52a, 52b, and 52c) (Fig. 3; [0050]), the sample gas inlet operable to receive a sample gas from a sample line connected to an inspiratory line (36) (Fig. 1; [0046]) of the therapeutic gas delivery device;
a first chamber (26) disposed in the housing (28), the first chamber comprising (Fig.2; [0047]):
a first filter membrane (38a) (Fig. 3; [0047]) having a first side and a second side;
a baffle plate (30) operable to support the first filter membrane (38a) on the first side (Fig. 3);
a fiber membrane (200) operable to support the first filter membrane (38a) on the second side; and (Fig. 7)
a first reservoir disposed between the sample gas inlet (46) and the baffle plate (30); and (Fig. 7)
a second chamber (42) disposed in the housing, the second chamber comprising (Fig. 1; [0026]):
a second filter membrane (38b) (Fig. 4; [0046]) having a first side and a second side;
a press-fit baffle (56) operable to support the second filter membrane (38b) on the first side (Fig. 7);
a labyrinth support (50) on a wall of the housing having the sample gas outlet (52a, 52b, and 52c), the labyrinth support operable to support the second filter membrane (38b) on the second side; and (Fig. 3)
a second reservoir disposed between the fiber membrane (200) of the first chamber (28) and the press-fit baffle (56) (Fig. 7).
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Regarding Claim 12, Silver discloses the sample gas filter of claim 11, as mentioned above.
Silver further discloses wherein the sample gas filter (24) is operable to remove water vapor from the sample gas and collect water in the first reservoir and/or the second reservoir (Fig. 4).
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Regarding Claim 13, Silver discloses the sample gas filter of claim 11, as mentioned above.
Silver further discloses wherein the housing (28) and each of the chambers (26 and 42) have a substantially circular cross-section (Figs. 2-3 and 7-8).
Regarding Claim 14, Silver discloses the sample gas filter of claim 13, as mentioned above.
Silver further discloses wherein the first reservoir and the second reservoir are oriented axially such that the sample gas filter is operable to be used in any axial orientation (Figs. 2-3 and 7-8).
Regarding Claim 19, Silver discloses the sample gas filter of claim 11, as mentioned above.
Silver further discloses wherein the fiber membrane (200) is a course fiber membrane comprising sintered porous plastic materials (Fig. 7; [0014]).
Regarding Claim 20, Silver discloses the sample gas filter of claim 11, as mentioned above.
Silver further discloses wherein the first filter membrane (38a) and the second filter membrane (38b) are separated to prevent wicking between the membranes (38a and 38b are separated by a separator wall 56 and a fiber membrane 44; Fig. 2).
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 5-7 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Silver (US 2019/0388631).
Regarding claim 5, Silver is silent to the sample gas filter of claim 1, wherein the first filter membrane has a larger diameter than the second filter membrane. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first filter membrane have a larger diameter than the second filter membrane since the size of the filter membranes are a matter of design choice and the optimal sizes could be discovered by routine experimentation.
Regarding claim 6, Silver is silent to the sample gas filter of claim 1, wherein the first reservoir has a larger volume than the second reservoir. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first reservoir have a larger volume than the second reservoir since the configuration is a matter of design choice and the optimal volumes could be discovered by routine experimentation.
Regarding claim 7, Silver is silent to the sample gas filter of claim 6, wherein the first reservoir and the second reservoir are large enough to accommodate water for 12 hours of continuous use. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the volumes of the first and second reservoir large enough to accommodate water for 12 hours of continuous use since the optimal volumes for providing treatment during a surgical procedure could be determined by routine experimentation.
Regarding claim 15, Silver is silent to the sample gas filter of claim 11, wherein the first filter membrane has a larger diameter than the second filter membrane. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first filter membrane have a larger diameter than the second filter membrane since the size of the filter membranes are a matter of design choice and the optimal sizes could be discovered by routine experimentation.
Regarding claim 16, Silver is silent to the sample gas filter of claim 11, wherein the first reservoir has a larger volume than the second reservoir. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first reservoir have a larger volume than the second reservoir since the configuration is a matter of design choice and the optimal volumes could be discovered by routine experimentation.
Regarding claim 17, Silver is silent to the sample gas filter of claim 16, wherein the first reservoir and the second reservoir are large enough to accommodate water for 12 hours of continuous use. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the volumes of the first and second reservoir large enough to accommodate water for 12 hours of continuous use since the optimal volumes for providing treatment during a surgical procedure could be determined by routine experimentation.
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Silver (US 2019/0388631) in view of Biba (US 2017/0281896).
Regarding claim 8, Silver discloses the system of claim 1.
Silver fails to disclose a sample gas filter wherein the first filter membrane is a glass fiber filter membrane and the second filter membrane is a 0.22 µm PTFE filter membrane.
However, Biba teaches a sample gas filter that comprises a fiberglass first filter media [0012] and a second filter media that is a 0.22 µm PTFE filter membrane (second filter media may be approximately 0.2 microns [0010]; the second filter media comprises an expanded PTFE material [0012]), in order for the first filter to capture most of the contaminants and the second filter will further filtrate smaller contaminants for optimal filtration [0012].
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 the system of Silver to include a first filter membrane made of fiberglass material and a second filter membrane made of 0.22 um PTFE material, as taught by Biba, in order to optimize filtration.
Regarding claim 18, Silver discloses the system of claim 11.
Silver fails to disclose a sample gas filter wherein the first filter membrane is a glass fiber filter membrane and the second filter membrane is a 0.22 µm PTFE filter membrane.
However, Biba teaches a sample gas filter that comprises a fiberglass first filter media [0012] and a second filter media that is a 0.22 µm PTFE filter membrane (second filter media may be approximately 0.2 microns [0010]; the second filter media comprises an expanded PTFE material [0012]), in order for the first filter to capture most of the contaminants and the second filter will further filtrate smaller contaminants for optimal filtration [0012].
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 the system of Silver to include a first filter membrane made of fiberglass material and a second filter membrane made of 0.22 um PTFE material, as taught by Biba, in order to optimize filtration.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIRAH WRIGHT whose telephone number is (571)270-1946. The examiner can normally be reached M-Th: 7:30AM-5PM F: 7:30AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy S Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMIRAH WRIGHT/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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