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 § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 24 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 24 only repeats the limitation already present in Claim 15. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-24 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Eltorai (2019/0168023).
In regard to Claims 1, 2, 15 and 24, Eltorai discloses a catheter (Abstract),such as used in a ventilator, par. [0085], having a light source (light transmitter 24, Abstract, par. [0071]; Fig. 1A) and a light guide that is hollow to permit air flow (such as common in ventilator catheters (par. [0085]).
Claims 3 and 4 amount to intended use recitations of the device of Claim 1. Eltorai discloses the catheter can be a ventilator tube and therefore is insertable in the mouth and capable of targeting tissue via the mouth (par. [0085]).
Regarding Claims 5 and 16, Eltorai discloses the catheter can facilitate draining of fluids (par. [0005, 0018]) such as through drain 16 (par. [0071]; Fig. 1A).
In regard to Claim 6, Applicant claims the intended use of suctioning by the tube. Eltorai discloses that the tube can be capable of suctioning fluid (par. [0018, 0085]).
With regard to Claims 7 and 17, Eltorai discloses the device is configured to emit light through the hollow core (tube), see Abstract; par. [0070]).
Regarding Claims 8 and 18, Eltorai discloses emitting light through a cross-sectional area of the light guide (see Fig. 3A-3D).
In regard to Claim 9, Eltorai discloses the light is configured to provide antimicrobial effects (alter growth and/or concentration of microbes), see par. [0018]).
With regard to Claims 10-13 and 19-22, Eltorai discloses applying light in the range of 400-500nm to target microbes such as spore forming bacteria (par. [0019]).
Regarding Claims 14 and 23, Eltorai discloses the light may be pulsed (par. [0018, 0075]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Basiony (2017/0281966)
Gaska et al. (2007/0187626)
Vazales et al. (2011/0023885)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN PORTER whose telephone number is (571)270-5419. The examiner can normally be reached Mon - Fri 9:00-6:00 EST.
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, Carl Layno can be reached at 571-272-4949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALLEN PORTER/Primary Examiner, Art Unit 3796