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 .
Priority
Acknowledgment is made of applicant’s claim for priority under 35 U.S.C. § 119(e) with reference to Application Number: 63/159315 filed on 03/10/2021.
Information Disclosure Statement
The Information Disclosure Statement(s) have been reviewed by the examiner and are found to comply with the provisions of 37 CFR 1.97, 1.98, and MPEP § 609.
Drawings
The drawing(s) have been reviewed by the examiner and are found to comply with the provisions of 37 CFR 1.81 to 1.85.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1 – 10 and 40 – 45) in the reply filed on 07/27/2026 is acknowledged. Claims 46 – 49, directed to Group 2, have been cancelled.
Claim Rejections - 35 USC § 103
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 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.
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) 1 – 10 and 40 - 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lau (US 20190022344) in view of Row (US 20100116272).
1. Lau discloses a connector (1, Fig. 1) for use in a respiratory system (Par. [0390]), the connector comprising: a body (4) defining a bore (see Fig. 1) for receipt of a complementary connector component (200, see Fig. 23), the bore having a terminal end that provides an entry into the bore for the complementary connector component (Par. [0392]), a sealing region for engaging with a seal on the complementary connector component (inner surface 8, Par. [0439]; examiner considers the complementary seal as radially outwardly facing surface 160 on complementary connector 200, but otherwise notes that the sealing region 8 in the connector would be fully capable of interacting with other types of seals such as rubber seals), and a sealing region dimension between opposed surfaces of the sealing region (inherent), and the body comprising diametrically opposed retaining protrusions (internal connection features 9, Par. [0013], [0398]; see also Par. [0025] in view of Par. [0051], see Fig. 21) that extend into the bore from an inner wall of the body (Par. [0022]), the diametrically opposed retaining protrusions having a distance between radially inward surfaces thereof (inherent).
However, Lau does not disclose wherein the sealing region dimension is between about 25 mm and about 27 mm and wherein the distance between the radially inward surfaces is between about 21 mm and about 23 mm. Nonetheless, Row discloses a connector wherein the terminal end dimension is between about 25 mm and about 27 mm ([0065]) and wherein the distance between the radially inward surfaces of a retraining protrusion is between about 21 mm and about 23 mm ([0067]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the connector of Lau with the corresponding dimensions of Row for the benefit of a respiratory connector appropriately dimensioned to lead, guide, and engage insertion. The relative dimensions support a further protruding connection surface for engaging the connection.
2. Lau in view of Row discloses the connector of claim 1, wherein the sealing region dimension is between about 25.5 mm and about 26.5 mm, is about 25 mm, is about 25.1 mm, is about 25.2 mm, is about 25.3 mm, is about 25.4 mm, is about 25.5 mm, is about 25.6 mm, is about 25.7 mm, is about 25.8 mm, is about 25.9 mm, is about 26 mm, is about 26.1 mm, is about 26.2 mm, is about 26.3 mm, is about 26.4 mm, is about 26.5 mm, is about 26.6 mm, is about 26.7 mm, is about 26.8 mm, is about 26.9 mm, is about 27 mm, or is any value between any two of those values (as discussed in claim 1 above, it would have been obvious to one of ordinary skill in the art to provide a value between about 25 mm and about 27 mm for the sealing region of Lau in view of Row).
3. Lau in view of Row discloses the connector of claim 1, wherein the distance between the radially inward surfaces is between about 21.5 mm and about 22.5 mm, or is about 21 mm, is about 21.1 mm, is about 21.2 mm, is about 21.3 mm, is about 21.4 mm, is about 21.5 mm, is about 21.6 mm, is about 21.7 mm, is about 21.8 mm, is about 21.9 mm, is about 22 mm, is about 22.1 mm, is about 22.2 mm, is about 22.3 mm, is about 22.4 mm, is about 22.5 mm, is about 22.6 mm, is about 22.7 mm, is about 22.8 mm, is about 22.9 mm, is about 23 mm, or is any value between any two of those values (as discussed in claim 1 above, it would have been obvious to one of ordinary skill in the art to provide a value between about 21 mm and about 23 mm for the radially inward surfaces of Lau in view of Row).
4. Lau in view of Row discloses the connector of claim 1, wherein each of the diametrically opposed retaining protrusions comprises a retaining face, wherein an angle of the retaining face is beveled (see Fig. 19, Fig. 23, [0405]). However, Lau in view of Row does between that the beveled retaining face is between about 90 degrees and about 125 degrees relative to a longitudinal axis of the bore. Nonetheless, Lau discloses that a beveled or angled retaining face results in easier rotation of a corresponding feature on the complementary connectors, see [0405]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the beveled retaining face angle of Lau within Applicant's claimed range for the benefit of allowing easier rotation. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. It is furthermore noted that Row discloses that the retention force provided be an internal retaining protrusion may be adjusted to meet the required standards, see [0070], and one of ordinary skill in the art would furthermore understand to modify the retaining face angle within applicant’s claimed range for the benefit of suitably retaining the corresponding feature on the complementary connector.
5. Lau in view of Row discloses the connector of claim 4, wherein the angle of the retaining face is between about 95 degrees and about 120 degrees, is between about 100 degrees and 115 degrees, is between about 105 degrees and about 115 degrees, is about 90 degrees, is about 91 degrees, is about 92 degrees, is about 93 degrees, is about 94 degrees, is about 95 degrees, is about 96 degrees, is about 97 degrees, is about 98 degrees, is about 99 degrees, is about 100 degrees, is about 101 degrees, is about 102 degrees, is about 103 degrees, is about 104 degrees, is about 105 degrees, is about 106 degrees, is about 107 degrees, is about 108 degrees, is about 109 degrees, is about 110 degrees, is about 111 degrees, is about 112 degrees, is about 113 degrees, is about 114 degrees, is about 115 degrees, is about 116 degrees, is about 117 degrees, is about 118 degrees, is about 119 degrees, is about 120 degrees, is about 121 degrees, is about 122 degrees, is about 123 degrees, is about 124 degrees, or is about 125 degrees relative to a longitudinal axis of the bore, or is any angle between any two of those values (as discussed in claim 4 above, it would have been obvious to one of ordinary skill in the art to provide a value between about 95 degrees and about 120 degrees for the retaining face angle of Lau in view of Row).
6. Lau in view of Row discloses the connector of claim 1, but does not disclose wherein the diametrically opposed retaining protrusions are configured to provide a retention force in an axial direction of the connector of between about 10 N and about 100 N. Nonetheless, Row discloses that a retraining protrusion configured to provide a retention force in an axial direction of the connector results in prevention of accidental removal from the connector in use, and may furthermore be adjusted to meet any required standard, see [0070]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the connector of Lau in view of Row within Applicant's claimed range for the benefit of preventing accidental removal while nonetheless permitting ease of disconnection once the safety standard has been satisfied. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. It is furthermore noted that Row discloses modification of retaining features to adjust ease of connection/disconnection, see [0405].
7. Lau discloses the connector of claim 1, wherein the diametrically opposed retaining protrusions comprise a first pair of adjacent retaining protrusions on one side of the bore and a second pair of adjacent retaining protrusions on an opposite side of the bore (see fig. 11, [0402]).
8. Lau in view of Row discloses the connector of claim 1, wherein the sealing region comprises an effective sealing location for contact by a surface of a seal on the complementary connector component (see Fig. 23 in view of Fig. 29b, sealing location on connector which corresponds to surface 160 on the complementary connector), wherein the sealing region dimension is a dimension of the effective sealing location (it would have been obvious to provide the region with the claimed dimensions for the reasons discussed in claim 1 above).
9. Lau in view of Row discloses the connector of claim 8, wherein the effective sealing location is substantially at a center of the sealing region, for contact by the surface of the seal which is at a center of the seal (Lau in view of Row is fully capable of providing an effective sealing location at the center of the sealing region corresponding to 160 in Lau, since Lau is fully capable of interacting with other types of seals such as rubber seals at the center of the sealing region; examiner further notes that the surface of the seal 160 would be at the center as well as adjacent periphery regions in an alternative interpretation of the broad language).
10. Lau discloses the connector of claim 1, wherein the sealing region is closer to the terminal end relative to the diametrically opposed retaining protrusions (see Fig. 23 in view of Fig. 29b, sealing location on connector which corresponds to surface 160 on the complementary connector).
40. Lau discloses the connector of claim 1, wherein the connector comprises at least one of an internal alignment feature or an external alignment feature (14 and 11, respectively).
41. Lau discloses the connector of claim 40, wherein the internal alignment feature comprises at least one alignment internal member that extends into the bore from an inner wall of the body, wherein the internal alignment member is configured to be received in a recess in the complementary connector component (14, see different alignment features in Figs. 5, 16, and 17, respectively, [0403]; see reception into recess in Fig. 23; additionally note that embodiments such as Fig. 7 must inherently comprising a recess between male lock fingers on the complementary connector).
42. Lau discloses the connector of claim 41, wherein the internal alignment member is positioned at a 90-degree offset around the bore from retaining faces of the retaining protrusions (see Fig. 18, which is taken at an 180 degree slice between the retaining protrusions 9, and illustrates the internal alignment member 14 equidistant between the protrusions 9).
43. Lau discloses the connector of claim 41, wherein the internal alignment member has a tapered configuration in an axial direction of the bore (see Fig. 18, internal alignment member 14).
44. Lau discloses the connector of claim 41, wherein the internal alignment member comprises at least one engagement surface configured to engage with complementary engagement surface on the complementary connector component (14, see different alignment features in Figs. 5, 16, and 17, respectively, [0403]; see reception into recess in Fig. 23).
45. Lau discloses the connector of claim 40, wherein the body of the connector comprises the at least one external alignment feature, wherein the at least one external alignment feature is configured to interact with a complementary external alignment feature on the complementary connector component, wherein the at least one external alignment feature comprises one or more protrusions or recesses that are configured to interact with one or more complementary recesses or protrusions on the complementary connector component (see Fig. 25, [0514]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4443028 – connection feature
US 20180078728 – respiratory connector
US 20180311457 – respiratory connector
US 20130167841 – connection feature
US 20100148500 – connection feature
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H PHILIPS whose telephone number is (571)270-5180. The examiner can normally be reached 8:00 - 5:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy 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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/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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