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
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 12, 13, 19, 21, 22 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2020/0397956 to Luxon.
In the specification and figures, Luxon discloses the apparatus as claimed by Applicant. With regard to claims 12, 19, Luxon discloses a cardiothoracic drainage device comprising a collection unit 128, a main unit 134 that measures the fluid, a connection tube 104/108, wherein the main unit comprises a pump 124, valve 118, pressure sensor 116, interface/display means (see ¶0183), control and management means (see ¶0134) (see also FIG 1 and accompanying text).
With regard to claim 13, Luxon discloses that the apparatus may comprise ultrasonic sensors to sense liquid level (see ¶0065).
With regard to claim 21, Luxon discloses that the apparatus comprises a battery (see ¶0162).
With regard to claim 22, Luxon discloses a wireless data transmission interface (see ¶0124).
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.
Claims 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0397956 to Luxon.
In the specification and figures, Luxon discloses the apparatus substantially as claimed by Applicant (see rejections above). With regard to claims 14-17, Luxon does not disclose a hermetically sealed main unit made of plastic, but does disclose that the main unit 122/134 is reversibly detachable from the collection unit 128 via coupling features and may comprise a series of ribs 1504 and channels 1502 to protect from liquid egress, suggesting the limitations of the claims (see FIGS 14-15, ¶0137-138).
With regard to claim 18, Luxon discloses that the apparatus comprises a dual-lumen tube with connector ends that are “easily” attached to barbed connectors and may comprise a hydrophobic material, suggesting the limitations of the claimed apparatus (see FIGS 9-12, ¶0135, 0203).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0397956 to Luxon in view of US 2005/0203469 to Bobroff et al.
In the specification and figures, Luxon discloses the apparatus substantially as claimed by Applicant (see rejections above). With regard to claim 20, Luxon does not disclose the use of a diaphragm pump. However, Bobroff discloses a surgical fluid drainage system with a suction cannula 18, collection canister 12, and a diaphragm pump 361 (see FIG 2, ¶0048).
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)). Applicant claims a combination that only unites old elements with no change in the respective functions of those old elements, and the combination of those elements yields predictable results; absent evidence that the modifications necessary to effect the combination of elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d at 1518-19 (BPAI, 2007) (citing KSR, 127 S.Ct. at 1740, 82 USPQ2d at1396. Accordingly, since the applicant[s] have submitted no persuasive evidence that the combination of the above elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a) because it is no more than the predictable use of prior art elements according to their established functions resulting in the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement. IN the instant case, it is within the skill of a worker in the art to substitute a diaphragm pump as disclosed by Bobroff in the drainage system disclosed by Luxon, since diaphragm pumps were known in the art at the time of filing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESLIE R DEAK whose telephone number is (571)272-4943. The examiner can normally be reached Monday-Friday, 9am to 5:30pm.
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/LESLIE R DEAK/Primary Examiner, Art Unit 3799 29 January 2026