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) 2-5, 7-11, 13-16, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ott et al (US 2013/0255670).
Regarding claim 2, Ott discloses a filter assembly for use in an insufflation system (fig. 2; page 2, para. 0017), said filter assembly comprising: a filter medium 116 operative to filter humidified gases (fig. 2; page 2, para. 0017); a housing comprising an inlet (fig. 2: inlet at top of page), an outlet and said filter medium (fig. 2: outlet at bottom of the page), said housing defining a gases flow path through said filter medium between said inlet and said outlet (fig. 2); and at least one heating element 156 being positioned in said housing and being configured to heat said humidified gases flowing through said gases flow path (fig. 2; page 7, para. 0055); wherein said at least one heating element is positioned in said gases flow path downstream from said filter medium (fig. 2).
Regarding claim 3, Ott discloses that the at least one heating element 156a/156b is spaced apart from said filter medium and from an inner surface of said housing (fig. 2).
Regarding claim 4, Ott discloses that the at least one heating element comprises one or more heater wires (page 8, para. 0057).
Regarding claim 5, Ott discloses that the outlet of said housing is operative to be coupled to a patient conduit (fig. 2; page 2, para. 0017: connector 168 connected to a trocar, Veress needle, endoscope, etc.).
Regarding claim 7, Ott discloses that the patient conduit is removably attached to said outlet (page 2, para. 0017: via male luer).
Regarding claim 8, Ott discloses that the heating element is configured to extend along a length of said patient conduit (fig. 2: tubing 152 forms a portion of the patient conduit).
Regarding claim 9, Ott discloses that the patient conduit comprises heating wires configured to heat gases flowing through said patient conduit (fig. 2: tubing 152 forms part of the patient conduit containing heating wires 156; page 7, para. 0055).
Regarding claim 10, the heating wires comprise said at least one heating element of said filter assembly (fig. 2),
Regarding claim 11, Ott discloses that the filter assembly further comprises an electrical power source 184/180/170 coupling for supplying power to said at least one heating element (page 8, para. 0058; fig. 1).
Regarding claim 13, Ott discloses that said filter medium comprises a hydrophilic material (page 2, para. 0018).
Regarding claim 14, Ott discloses that filter assembly further comprises at least one sensor positioned in said gases flow path between said inlet and said outlet of said housing (page 6, para. 0048).
Regarding claim 15, Ott discloses that wherein said inlet of said housing is operative to be coupled to a humidification chamber 136 (fig. 2).
Regarding claim 16, Ott discloses that the housing comprises an electrical connector to provide for an electrical connection to said at least one heating element (page 8, para. 0058).
Regarding claim 19, Ott discloses the at least one heating element is positioned in said gases flow path between said inlet and said outlet of said housing (fig. 2).
Claim(s) 20, 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clawson et al (US 6,363,930).
Regarding claim 20, Clawson discloses an elbow filter (fig. 9). The limitation “for use in an insufflation system” is interpreted to be an intended use limitation. The filter of Clawson is capable of being used in any gas delivery system, including an insufflation system. Clawson discloses said elbow filter comprising: a filter medium 318 (fig. 9; col. 14, lines 23-24) operative to filter humidified gases (col. 12, lines 3-7); a housing comprising an inlet (fig. 9: bottom of page), an outlet (fig. 9: top of page) and said filter medium 82, said housing defining a gases flow path through said filter medium between said inlet and said outlet (fig. 9); and wherein said filter medium is positioned within said housing to span said inlet (fig. 9), and wherein said inlet and said outlet are oriented so that said housing forms an elbow (fig. 9).
Regarding claim 21, the limitation “operative to be coupled to an outlet port of a humidification apparatus, said outlet port extending substantially vertically from a humidification chamber of said humidification apparatus” is an intended use limitation. The elbow of Clawson is capable of being connected to a humidification apparatus, and extending vertically therefrom, depending on the orientation of the entire device.
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.
Claim(s) 6, 12, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ott.
Claim 6 differs from Ott in calling for said patient conduit is permanently attached to said outlet. Per MPEP 2144.04(V)(B), the court held that the use of a one piece construction instead of the structure disclosed in the prior art would be merely a matter of obvious design choice. Therefore, it would have been merely a matter of obvious design choice to form the patient conduit permanent attached to said outlet.
Claim 12 calls for the filter assembly to be sterile. Ott discloses that the filter assembly contains sterile water (page 2, para. 0016) and is used for insufflating a body cavity (page 2, para. 0015). It is well known in the art that medical devices, particularly those in fluid communication with a body cavity must be sterile to prevent infection. Additionally, a person of ordinary skill in the art would recognize that the use of sterile water would be pointless if the device in which it is used is not also sterile. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the filter assembly of Ott would have been sterile at the time of use to prevent a potentially dangerous infection in the patient.
Regarding claim 17, Ott discloses a humidification apparatus 136 operative to humidify said medical gases for delivery to a patient (fig. 2; page 2, para. 0017). Claim 17 further calls for the filter assembly is positioned in use between said humidification apparatus and said patient. Ott shows the filter assembly including the filter upstream of the humidification apparatus and the heating element downstream of the humidification element (fig. 2). However, Ott discloses that the filter 116 may be disposed in any suitable location, giving the position in fig. 2 as an example (page 2, para. 0018). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the example shown in fig. 2 of Ott to have the filter located downstream of the humidification apparatus because Ott discloses that the filter can be located at any location in the system. Further switching the location of the humidification apparatus and the filter would have been an obvious rearrangement of parts per MPEP 2144.04(VI)(C).
Regarding claim 18, Ott discloses that the filter assembly is positioned in use adjacent to a humidification chamber of said humidification apparatus (fig. 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA A BOUCHELLE whose telephone number is (571)272-2125. The examiner can normally be reached Mon-Fri 8:00-5:00 CST.
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LAURA A. BOUCHELLE
Primary Examiner
Art Unit 3783
/LAURA A BOUCHELLE/Primary Examiner, Art Unit 3783