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 .
Response to Arguments
This office action is in response to a Request for Reconsideration filed on 06/10/2026. As directed by the amendment: claims 1 – 16 are pending, no claims have been amended, no claims have been added & no claimed have been canceled.
Applicant’s arguments, see Pages 6 – 7, filed 06/10/2026, with respect to the rejection(s) of claim(s) 1 – 16 under 102 & 103 rejections have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of GB 2591794 A.
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.
Claim(s) 1, 4 – 6, 8 – 9, 12 – 13 & 15 – 16 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Chambers et al. (US 20080178878 A1).
Regarding claim 1, A connector for a fluidic circuit, the connector comprising:
a valve body 45 having at least three ports comprising first 60 and second 65 inlet ports and an outlet port 48 (Paragraph 0048); and
a valve switch 80 attached to the valve body 45 (Paragraph 0048), the valve switch 80 being movable between a plurality of positions relative to the valve body 45 (Paragraph 0048);
wherein, in a first position, the valve switch 80 is configured to fluidically connect the first inlet port 60 to the outlet port 48, and fluidically seal the second inlet port 65 from the outlet port 48 (Paragraph 0053); and
wherein, in a second position, the valve switch 80 is configured to fluidically connect the second inlet port 65 to the outlet port 48, and fluidically seal the first inlet port 60 from the outlet port 48 (Paragraph 0053).
Regarding claim 4, Chambers discloses the connector as claimed in claim 1.
Chambers discloses wherein the valve body 45 comprises a receptacle fluidically connected to each of the outlet port 48 and the first 60 and the second 65 inlet ports (Figure 12 - 13), and wherein the valve switch 80 is disposed in the receptacle 45 such that the valve switch 80 is rotatable between the plurality of positions (Figure 14).
Regarding claim 5, Chambers discloses the connector as claimed in claim 4
Chambers discloses wherein the outlet port 48, the first inlet port 60 and the second inlet port 65 are angularly spaced from each other (Figure 9).
Regarding claim 6, Chambers discloses the connector as claimed in claim 5.
Chambers discloses wherein the valve switch 80 comprises a plurality of holes 85 configured to selectively connect the first inlet port 60 to the outlet port 48 in the first position, and to selectively connect the second inlet port 65 to the outlet port 48 in the second position. (Paragraph 0048)
Regarding claim 8, Chambers discloses the connector as claimed in claim 1.
Chambers discloses wherein the valve switch 80 further comprises a visual indicator 90 configured to indicate which of the first 60 and second 65 inlet ports is opened. (Paragraph 0048 & 0053)
Regarding claim 9, A fluidic circuit comprising:
a first fluid source 20 (Paragraph 0041 – 0042);
a second fluid source 20A (Paragraph 0041 – 0042); and
a connector 15 comprising:
a valve body 45 having at least three ports comprising first 60 and second 65 inlet ports and an outlet port 48 (Paragraph 0048); and
a valve switch 80 attached to the valve body 45 (Paragraph 0048), the valve switch 80 being movable between a plurality of positions relative to the valve body 45 (Paragraph 0048),
wherein, in a first position, the valve switch 80 is configured to fluidically connect the first inlet port 60 to the outlet port 48, and fluidically seal the second inlet port 65 from the outlet port 48 (Paragraph 0053); and
wherein, in a second position, the valve switch 80 is configured to fluidically connect the second inlet port 65 to the outlet port 48, and fluidically seal the first inlet port 60 from the outlet port 48 (Paragraph 0053)
wherein the first 60 and second 65 inlet ports of the connector 15 are configured to be connected to the first 20 and the second 20A fluid sources respectively (Paragraph 0056).
Regarding claim 12, A method for assembling a connector for a fluidic circuit, the method comprising:
providing a valve body 45 having at least three ports comprising first 60 and second 65 inlet ports and an outlet port 48 (Paragraph 0048); and disposing a valve switch 80 in the valve body 45 such that the valve switch 80 is movable between a plurality of positions relative to the valve body 45 (Paragraph 0048); wherein, in a first position, the valve switch 80 is configured to fluidically connect the first inlet port 60 to the outlet port 48, and fluidically seal the second inlet port 65 from the outlet port 48 (Paragraph 0053); and
wherein, in a second position, the valve switch 80 is configured to fluidically connect the second inlet port 65 to the outlet port 48, and fluidically seal the first inlet port 60 from the outlet port 48 (Paragraph 0053).
Regarding claim 13, Chambers discloses the method as claimed in claim 12.
Chambers discloses wherein the valve body 45 comprises a receptacle fluidically connected to each of the outlet port 48 and the first 60 and the second 65 inlet ports (Figure 12 - 13), and attaching the valve switch 80 to the valve body 45 comprises disposing the valve switch 80 in the receptacle such that the valve switch 80 is rotatable between the plurality of positions (Figure 14).
Regarding claim 15, Chambers discloses the method as claimed in claim 12.
Chambers discloses wherein the valve switch 80 further comprises a visual indicator 90, and wherein attaching the valve switch 80 to the valve body 45 comprises positioning the valve switch 80 such that the visual indicator 90 indicates which of the first 60 and second 65 inlet ports is opened. (Paragraph 0048 & 0053)
Regarding claim 16, Chambers discloses the connector as claimed as claim 1.
Chambers discloses wherein the each of the first 60 and second 65 inlet ports comprises a limiter configured to position the valve switch 80 at a respective one of the first and second positions (Paragraph 0026).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Chambers et al. (US 20080178878 A1) as claimed in claim 1, in further view of Gobel et al. (EP 3479860 A1).
Regarding claim 2, Chambers discloses the connector as claimed in claim 1.
Chambers discloses wherein the first 60 and second 65 inlet ports are configured to be connected to first 20 and second 20A fluid sources (Paragraph 0041 – 0042), respectively,
Chambers does not disclose wherein the outlet port is configured to be connected to a filter device.
Gobel discloses wherein the outlet port 97 is configured to be connected to a filter device (Page 12, Second to last paragraph) It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Asela to include wherein the outlet port is configured to be connected to a filter device in order to provide a purified breathing air flow. (Page 12, Second to last paragraph)
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chambers et al. (US 20080178878 A1) & Gobel et al. (EP 3479860 A1) as claimed in claim 2, in further view of Putman et al. (US 2981284 A).
Regarding claim 3, Chambers discloses the connector as claimed in claim 2.
Chambers does not disclose wherein the first and second inlet ports and the outlet port each comprise an internal diameter having a same dimension as an internal diameter of the filter device.
Putman discloses a valve having the same diameter as the pipe it is connected to. (Column 1, lines 17 – 20)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Asela to include wherein the first and second inlet ports and the outlet port each comprise an internal diameter having a same dimension as an internal diameter of the filter device as it would produce a turbulent free flow of media through the valve and to produce a valve having a seal which gives a tight seal. (Column 1, lines 17 – 25)
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Chambers et al. (US 20080178878 A1) as claimed in claim 1 & 12, in further view of Saieva et al. (US 3750704 A) & Diehl, Jean-Luc, When could airway plateau pressure above 30 cmH2O be acceptable in ARDS patients?, Intensive Care Med (2021), 47:1028-1031, pages 1 – 4.
Regarding claim 7, Chambers discloses the connector as claimed in claim 1.
Chambers does not disclose further comprising at least one seal disposed at an interface between the valve body and the valve switch, wherein the at least one seal is configured to maintain a positive pressure of up to 30 cmH20 in the connector in use.
Saieva discloses further comprising at least one seal disposed at an interface between the valve body and the valve switch. (Column 4, second to last paragraph)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Asela to include further comprising at least one seal disposed at an interface between the valve body and the valve switch to provide a fluid, leak-resistant connection. (Column 4, second to last paragraph)
Diehl discloses limiting a positive end-expiratory is a recommendation. (Page 1, Paragraph 1) It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Asela to include such that the at least one seal maintains a positive pressure of up to 30_cmH20 in the connector in use as 30 cm_H2O is the recommended limit threshold that is widely accepted for lung protection. (Page 1, Paragraph 1)
Burke discloses a good seal can stand high pressures. (Column 1, lines 59 – 63)
It would have been prima Facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Asela to include wherein the at least one seal is configured to maintain a positive pressure of up to 30_cmH2O in the connector in use as it is known that a good seal is provided between the body and plug and seal and the valve can stand high internal pressures without seizing up. (Column 1, lines 59 – 63)
Regarding claim 14, Chambers discloses the method as claimed in claim 12.
Chambers does not disclose further comprising disposing at least one seal at an interface between the valve body and the valve switch such that the at least one seal maintains a positive pressure of up to 30 cmH20 in the connector in use.
Saieva discloses further comprising at least one seal disposed at an interface between the valve body and the valve switch. (Column 4, second to last paragraph)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Asela to include further comprising at least one seal disposed at an interface between the valve body and the valve switch to provide a fluid, leak-resistant connection. (Column 4, second to last paragraph)
Diehl discloses limiting a positive end-expiratory is a recommendation. (Page 1, Paragraph 1)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Asela to include such that the at least one seal maintains a positive pressure of up to 30_cmH20 in the connector in use as 30 cm_H2O is the recommended limit threshold that is widely accepted for lung protection. (Page 1, Paragraph 1)
Burke discloses a good seal can stand high pressures. (Column 1, lines 59 – 63)
It would have been prima Facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Asela to include wherein the at least one seal is configured to maintain a positive pressure of up to 30_cmH2O in the connector in use as it is known that a good seal is provided between the body and plug and seal and the valve can stand high internal pressures without seizing up. (Column 1, lines 59 – 63)
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chambers et al. (US 20080178878 A1) as claimed in claim 9, in further view of Gobel et al. (EP 3479860 A1) & Kleber et al. (DE 102011052859 A1).
Regarding claim 10, Chambers discloses the fluidic circuit as claimed in claim 9.
Chambers does not disclose wherein the first fluid source comprises a first ventilator and the second fluid source comprises a second ventilator, and wherein the outlet port is configured to be connected to a filter device.
Kleber discloses wherein the first fluid source comprises a first ventilator 9 and the second fluid source comprises a second ventilator 11. (Page 5, Paragraph 1)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Chambers to include wherein the first fluid source comprises a first ventilator and the second fluid source comprises a second ventilator as the first and second ventilation devices can be designed as desired. In one embodiment of the invention, in the first respirator, the oxygen supplied via the port is passed through a container with a saline solution to cause humidification of the oxygen. This is particularly advantageous if the supply of oxygen via the nose takes place via the first respiration device, since desiccation of the nasal mucosa could occur without wetting the oxygen via the saline solution in the container. (Page 3, Paragraph 3)
Gobel discloses wherein the outlet port 97 is configured to be connected to a filter device (Page 12, Second to last paragraph) It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Asela to include wherein the outlet port is configured to be connected to a filter device in order to provide a purified breathing air flow. (Page 12, Second to last paragraph)
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Chambers et al. (US 20080178878 A1), Gobel et al. (EP 3479860 A1) & Kleber et al. (DE 102011052859 A1) as claimed in claim 10, in further view of Pol et al. (US 20110186053 A1).
Regarding claim 11, Chambers discloses the fluidic circuit as claimed in claim 10.
Chambers does not disclose wherein the first ventilator comprises an intensive care unit ventilator and the second ventilator comprises a transport ventilator.
However, Pol discloses mechanical ventilation device include transport ventilator and ICU ventilators. It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Asela wherein the first ventilator comprises an intensive care unit ventilator and the second ventilator comprises a transport ventilator as both machines mentioned do the same functions or mechanically assisting or replace spontaneous breathing. (Paragraph 0050)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST.
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/GRACIELA NATALIA LEBRON DE JESUS/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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