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 2 is objected to because of the following informalities: a period missing at the end of the claim. Appropriate correction is required.
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) 1-3, 5-13, and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Joseph et al. (US 20220305191 A1).
Regarding Claims 1 & 11, Joseph discloses an apparatus/method for collecting urine from a user ("urine collection device configured to receive fluid discharged from a user" Abstract), the apparatus/method comprising:
gathering liquid with a urinary catheter ("first tube 108" [0019]; FIGs. 1A-1B) comprising an outlet to enable liquid to exit therefrom ([0027-0028]; FIGs. 1A-1B);
conveying the liquid through a transport channel ("second tube 110" [0019]) having a first end coupled to the outlet (FIGs. 1A-1B); and
drawing the liquid through the transport channel using a cannister-free pump module ("pump 106" [0022-0023]) coupled to a second end of the transport channel (the end distal to the fluid collection container 104 in FIGs. 1A-1B) and configured to draw the liquid into the cannister-free pump module and expelling, using the cannister-free pump module, the liquid into an output channel ([0030-0032]).
Regarding Claims 2 & 12, Joseph discloses the urinary catheter is one of a male external urinary catheter and a female external urinary catheter ("urine collection device 102 may include a male or female fluid collection device" [0025]).
Regarding Claims 3 & 13, Joseph discloses the cannister-free pump module is further configured to generate a vacuum in the transport channel ("Suction force may be introduced into the urine collection device 102 via the first tube 108 responsive to suction (e.g., vacuum) force applied at the pump 106" [0019]).
Regarding Claims 5 & 15, Joseph discloses the cannister-free pump module is configured to be wirelessly activated by a remote control ("remote" [0023]).
Regarding Claims 6 & 16, Joseph discloses the cannister-free pump module is configured to be manually activated with a switch ("switch" [0023]).
Regarding Claims 7 & 17, Joseph discloses the cannister-free pump module is powered by a battery ("one or more batteries" [0020-0023]).
Regarding Claims 8 & 18, Joseph discloses the battery is rechargeable ("rechargeable battery" [0033]).
Regarding Claims 9 & 19, Joseph discloses that the battery is incorporated into the cannister-free pump module ("internal battery" [0033]; FIG. 2B).
Regarding Claims 10 & 20, Joseph discloses the output channel empties into one of a receptacle and a toilet ("suction device 106 may discharge the fluid to the fluid collection container 104" [0019]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4 & 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Joseph et al. (US 20220305191 A1) in view of Andersen et al. (US 3598124 A).
Regarding Claims 4 & 14, Joseph fails to specify an air entry module, at or near the outlet, to enable air to enter the transport channel. However, Andersen teaches a urine drainage system having an indwelling catheter (1), the outlet (5) of which is connected to an air entry module (“valve 4”, Fig. 2), at or near the outlet (FIG. 2), to enable air to enter the transport channel (col. 2 lines 56-60 & col. 3 lines 53-59). Therefore, it would have been obvious to one skilled in the art at the time of filing to modify Joseph by adding the Andersen vent valve to allow urine to flow to the collection container more easily and eliminate airlocks in the fluid circuit.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The references provided on the attached PTO-892 form are considered relevant to applicant’s disclosure and are cited to further show the general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cheng Fong "Ted" Yang whose telephone number is (571)272-8846. The examiner can normally be reached 10am - 6pm (EST) M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca E. Eisenberg can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Adam Marcetich/Primary Examiner, Art Unit 3781
Cheng Fong "Ted" Yang
Examiner
Art Unit 3781