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 .
Specification
The disclosure is objected to because of the following informalities:
Please correct the chain of continuity in lines 1-5 of page 1 to include that the application 16/777,361 is now US patent 11938310 B2 and issued on Mar, 26. 2024.
Appropriate correction is required.
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.
Claim(s) 1-19, 27-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garben et al. (US 20190142546 A1) (“Garben”, date of provisional).
Re Claim 1, Garben discloses a gas removal apparatus (600, Fig. 1-5, ¶0006) configured to receive a first amount of liquid effective (fluid from 616, ¶0135, Fig. 4b) to remove gas bubbles from at least a part of a medical device ( balloon 200) removably disposed in the gas removal apparatus (¶0158, from the catheter 311, Fig. 4a), the gas removal apparatus comprising: an interior chamber (603, Fig. 4f, ¶0114) configured to hold at least the first amount of liquid (¶0115 using water or saline ,¶0088); a filling surface ( inner surface of 616, Fig. 4c) configured to receive the at least the first amount of liquid and cause the received at least the first amount of liquid to flow along the filling surface to the interior chamber when the gas removal apparatus is arranged in a liquid receiving position (Fig. 4b, as 616 is upward, ¶0135) ; a first opening (left end of 616, Fig. 4c) arranged at an end of the filling surface (Fig. 4c) and configured to provide a first path into the interior chamber ( a path between 616 and 606), the filling surface configured such that the received at least the first amount of liquid caused to flow along the filling surface to the interior chamber when the gas removal apparatus is arranged in the liquid receiving position enters the interior chamber via the first path provided by the first opening (¶0135); and a second opening (614-1, Fig. 4b) configured to provide a second path into the interior chamber (path for balloon 200, Fig. 4g) and configured to receive the medical device such that the at least the part of the medical device enters the interior chamber via the second path provided by the second opening (Fig. 4g), the first path into the interior chamber and the second path into the interior chamber being mutually exclusive paths into the interior chamber (Fig. 4b, ¶0135), wherein the gas removal apparatus is configured such that, when arranged in the liquid receiving position in a state where (a) the at least the first amount of liquid is present in the interior chamber (Fig. 4b), and (b) the at least the part of the medical device protrudes into the interior chamber via the second opening and is positioned at a particular location and in a particular configuration in the interior chamber (Fig. 4h), at least a portion of the at least the part of the medical device is disposed above an uppermost surface ( top surface of the liquid as liquid is filled to cover the balloon 200) of the at least the first amount of liquid present in the interior chamber (this can be done as 630 is directed horizontally downward like Fig. 4a as Fig. 4h is rotated 90 clockwise, medical device will be above the top surface of the liquid), and wherein the gas removal apparatus is further configured such that, when arranged in another position different from the liquid receiving position in a state where (i) the at least the first amount of liquid is present in the interior chamber (Fig. 4h), and (ii) the at least the part of the medical device protrudes into the interior chamber via the second opening and is positioned at the particular location and in the particular configuration in the interior chamber, the entirety of the at least the part of the medical device is disposed below an uppermost surface of the at least the first amount of liquid present in the interior chamber (this is can be done as 602 and 630 is directed downward horizontally as, Fig. 4h is rotated 90 degree counterclockwise).
Re Claim 2, Garben discloses wherein the gas removal apparatus is further configured such that the second opening is disposed below the uppermost surface of the at least the first amount of liquid present in the interior chamber when the gas removal apparatus is arranged in the another position different from the liquid receiving position in the state (this is can be done as 602 and 630 is directed downward horizontally as, Fig. 4h is rotated 90 degree counterclockwise) where (i) the at least the first amount of liquid is present in the interior chamber (Fig. 4h), and (ii) the at least the part of the medical device protrudes into the interior chamber via the second opening and is positioned at the particular location and in the particular configuration in the interior chamber (Fig. 4h).
Re Claim 3, Garben discloses wherein the gas removal apparatus is further configured such that the second opening is disposed above the uppermost surface of the at least the first amount of liquid present in the interior chamber when the gas removal apparatus is arranged in in the liquid receiving position in the state where (a) the at least the first amount of liquid is present in the interior chamber (as Fig. 4h is directed similar to Fig, 4a), and (b) the at least the part of the medical device protrudes into the interior chamber via the second opening and is positioned at a particular location and in the particular configuration in the interior chamber, Fig.4h).
Re Claim 4, Garben discloses wherein the gas removal apparatus is further configured such that the first opening is disposed above the uppermost surface of the at least the first amount of liquid present in the interior chamber when the gas removal apparatus is arranged in the another position different from the liquid receiving position in the state (Fig. 4h and 616 is direct upward) where (i) the at least the first amount of liquid is present in the interior chamber (Fig. 4h), and (ii) the at least the part of the medical device protrudes into the interior chamber via the second opening and is positioned at the particular location and in the particular configuration in the interior chamber (Fig. 4h).
Re Claim 5, Garben discloses wherein the gas removal apparatus is further configured such that the first opening is disposed above the second opening when the gas removal apparatus is arranged in the another position different from the liquid receiving position in the state ( Fig. 4h as 616 is directed upward) where (i) the at least the first amount of liquid is present in the interior chamber (Fig. 4h), and (ii) the at least the part of the medical device protrudes into the interior chamber via the second opening and is positioned at the particular location and in the particular configuration in the interior chamber (Fig. 4h).
Re Claim 6, Garben discloses wherein the gas removal apparatus is further configured such that the second opening is located at least proximate the uppermost surface of the at least the first amount of liquid present in the interior chamber when the gas removal apparatus is arranged in the liquid receiving position in the state (Fig. 4h as 616 is upward ) where (a) the at least the first amount of liquid is present in the interior chamber (Fig. 4h), and (b) the at least the part of the medical device protrudes into the interior chamber via the second opening and is positioned at a particular location and in the particular configuration in the interior chamber (Fig. 4h).
Re Claim 7, Garben discloses wherein the gas removal apparatus is operable to laterally drain liquid in the interior chamber through the second opening when the gas removal apparatus is in (c) the liquid receiving position (Fig. 4h as 616 is upward and 614 will let the fluid exit as it is under the surface of the liquid), or (d) the another position different from the liquid receiving position, or in each of (c) and (d).
Re Claim 8, Garben discloses wherein the at least the part of the medical device is selectively movable between a first configuration where the at least the part of the medical device is sized to be deliverable through the second opening (Fig. 4g, the balloon is deflated), and a second configuration where the at least the part of the medical device is sized too large to be deliverable through the second opening (as the balloon is inflated see Fig. 4h), and wherein the at least the part of the medical device is in the second configuration in the particular configuration in the interior chamber (Fig. 4h).
Re Claim 9, Garben discloses wherein the particular configuration in the interior chamber includes a particular orientation of the at least the part of the medical device with respect to the interior chamber (Fig. 4h).
Re Claim 10, Garben discloses further comprising: one or more first contact surfaces configured to contact a supporting object when the gas removal apparatus is arranged in the liquid receiving position while supported by the supporting object (opposite surface to 616 as 616 is directed upward); and one or more second contact surfaces configured to contact the supporting object when the gas removal apparatus is arranged in the another position different from the liquid receiving position while supported by the supporting object ( the opposite surface to 630 as 630 is upward).
Re Claim 11, Garben discloses wherein each of at least one surface of the one or more first contact surfaces opposes the filling surface across the interior chamber (opposite surface to 616 as 616 is directed upward).
Re Claim 12, Garben discloses wherein the filling surface is an external surface of the gas removal apparatus (surface of 616 is external to the chamber 603 and the housing of the chamber, Fig. 4c).
Re Claim 13, Garben discloses wherein the filling surface is configured to receive a pouring of the at least the first amount of liquid when the gas removal apparatus is arranged in the liquid receiving position (¶0135).
Re Claim 14, Garben discloses wherein a surface of the gas removal apparatus other than the filling surface includes the second opening (inner surface of 603 including 614).
Re Claim 15, Garben discloses wherein a surface of the gas removal apparatus other than the filling surface, any surface of the one or more first contact surfaces, or any surface of the one or more second contact surfaces includes the second opening (Fig. 4h, inner surface of 602).
Re Claim 16, Garben discloses wherein the filling surface has a sloped orientation relative to (c) at least one of the one or more first contact surfaces, (d) at least one of the one or more second contact surfaces, or both (c) and (d) (Fig. 4h, the slope with regards to at least one of the one or more second contact surfaces) .
Re Claim 17, Garben discloses wherein the gas removal apparatus is configured such that, when arranged in the liquid receiving position in a state where the at least the first amount of liquid is present in the interior chamber (Fig, 4h), the filling surface has a sloped orientation relative to the uppermost surface of the at least the first amount of liquid present in the interior chamber ( as 616 is upward, 616 surface will has slope 90 degree) .
Re Claim 18, Garben discloses wherein each of (c) the filling surface and (d) at least one surface of the one or more first contact surfaces has a sloped orientation relative to each of at least one surface of the one or more second contact surfaces (Fig. 4h).
Re Claim 19, Garben discloses wherein (c) the filling surface is configured to slope toward the one or more first contact surfaces as the filling surface extends upward when the gas removal apparatus is arranged in the another position different from the liquid receiving position (as 614 is upward, inner surface of 616 has slope toward surface opposite to 614), (d) the one or more first contact surfaces are configured to slope toward the filling surface as the one or more first contact surfaces extend upward when the gas removal apparatus is arranged in the another position different from the liquid receiving position, or both (c) and (d).
Re Claim 27, Garben discloses wherein the first opening is an elongated opening (Fig. 4d).
Re Claim 28, Garben discloses wherein a shape of the first opening is different from a shape of the second opening (Fig. 4d, Fig. 4h).
Re Claim 29, Garben discloses wherein the first opening is an elongated opening arranged between the end of the filling surface and one or more third surfaces of the gas removal apparatus (606, Fig. 4b) such that the received at least the first amount of liquid caused to flow along the filling surface enters the interior chamber via the elongated opening (¶0135).
Re Claim 30, Garben discloses wherein at least some of the received at least the first amount of liquid caused to flow along the filling surface and enter the interior chamber via the elongated opening is then caused to flow along at least a portion of at least one third surface of the one or more third surfaces of the gas removal apparatus (¶0135).
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.
Claim(s) 20-26, 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garben in view of Sardari et at. (US 20180264225 A1) (“Sardari”).
Re Claim 20, Garben fails to disclose wherein the filling surface is configured to be out of plumb by a first angular amount when the gas removal apparatus is arranged in the liquid receiving position on a level surface, and wherein each of at least one of the one or more first contact surfaces is out of plumb by a second angular amount when the gas removal apparatus is arranged in the another position different from the liquid receiving position on the level surface.
However, Sardari discloses a gas removal apparatus (Fig. 16b) and wherein the filling surface (607a1, Fig. 5e) is configured to be out of plumb by a first angular amount when the gas removal apparatus is arranged in the liquid receiving position on a level surface (as filling start and mot pressure applied to 612 wall ¶0144), and wherein each of at least one of the one or more first contact surfaces is out of plumb by a second angular amount when the gas removal apparatus is arranged in the another position different from the liquid receiving position on the level surface (and wherein as 607b is capable to be move due to the controlled pressured in 603-2 see ¶0144).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify filling surface Garben so that the filling surface is configured to be out of plumb by a first angular amount when the gas removal apparatus is arranged in the liquid receiving position on a level surface, and wherein each of at least one of the one or more first contact surfaces is out of plumb by a second angular amount when the gas removal apparatus is arranged in the another position different from the liquid receiving position on the level surface as taught by Sardari for the purpose of controlling the level of the liquid as by controlling the pressure inside the chamber (Sardari, ¶0144).
Re Claim 21, Garben fails to disclose wherein the first angular amount is substantially equal to the second angular amount.
However, Sardari discloses a gas removal apparatus (Fig. 16b) and wherein the filling surface (607a1, Fig. 5e) is configured to be out of plumb by a first angular amount when the gas removal apparatus is arranged in the liquid receiving position on a level surface (as filling start and mot pressure applied to 612 wall ¶0144), and wherein each of at least one of the one or more first contact surfaces is out of plumb by a second angular amount when the gas removal apparatus is arranged in the another position different from the liquid receiving position on the level surface (and wherein as 607b is capable to be move due to the controlled pressured in 603-2 see ¶0144) and wherein the first angular amount is substantially equal to the second angular amount ( the angular amount is the same (Fig 5f and Fig. 5g).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify filling surface Garben so that the first angular amount is substantially equal to the second angular amount as taught by Sardari for the purpose of controlling the level of the liquid as by controlling the pressure inside the chamber (Sardari, ¶0144).
Re Claim 22 Garben fails to disclose wherein the first angular amount varies by no more than twenty percent of the second angular amount or the second angular amount varies by no more than twenty percent of the first angular amount.
However, Sardari discloses a gas removal apparatus (Fig. 16b) and wherein the filling surface (607a1, Fig. 5e) is configured to be out of plumb by a first angular amount when the gas removal apparatus is arranged in the liquid receiving position on a level surface (as filling start and mot pressure applied to 612 wall ¶0144), and wherein each of at least one of the one or more first contact surfaces is out of plumb by a second angular amount when the gas removal apparatus is arranged in the another position different from the liquid receiving position on the level surface (and wherein as 607b is capable to be move due to the controlled pressured in 603-2 see ¶0144) and the first angular amount varies by no more than twenty percent of the second angular amount or the second angular amount varies by no more than twenty percent of the first angular amount (the angular amount is the same (Fig 5f and Fig. 5g).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify filling surface Garben so that the first angular amount varies by no more than twenty percent of the second angular amount or the second angular amount varies by no more than twenty percent of the first angular amount as taught by Sardari for the purpose of controlling the level of the liquid as by controlling the pressure inside the chamber (Sardari, ¶0144).
Re Claim 23, Garben fails to disclose wherein the filling surface is configured to be out of plumb by a first angular amount when the gas removal apparatus is arranged in the liquid receiving position on a level surface, and wherein each of at least one of the one or more first contact surfaces is out of plumb by a second angular amount when the gas removal apparatus is arranged in the another position different from the liquid receiving position on the level surface.
However, Sardari discloses a gas removal apparatus (Fig. 16b) and wherein the filling surface (607a1, Fig. 5e) is configured to be out of plumb by a first angular amount when the gas removal apparatus is arranged in the liquid receiving position on a level surface (as filling start and mot pressure applied to 612 wall ¶0144), and wherein each of at least one of the one or more first contact surfaces is out of plumb by a second angular amount when the gas removal apparatus is arranged in the another position different from the liquid receiving position on the level surface (and wherein as 607b is capable to be move due to the controlled pressured in 603-2 see ¶0144).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify filling surface Garben so that the filling surface is configured to be out of plumb by a first angular amount when the gas removal apparatus is arranged in the liquid receiving position on a level surface, and wherein each of at least one of the one or more first contact surfaces is out of plumb by a second angular amount when the gas removal apparatus is arranged in the another position different from the liquid receiving position on the level surface as taught by Sardari for the purpose of controlling the level of the liquid as by controlling the pressure inside the chamber (Sardari, ¶0144).
Re Claim 24, Garben fails to disclose wherein the first angular amount is different from the second angular amount.
However, Sardari discloses a gas removal apparatus (Fig. 16b) and wherein the filling surface (607a1, Fig. 5e) is configured to be out of plumb by a first angular amount when the gas removal apparatus is arranged in the liquid receiving position on a level surface (as filling start and mot pressure applied to 612 wall ¶0144), and wherein each of at least one of the one or more first contact surfaces is out of plumb by a second angular amount when the gas removal apparatus is arranged in the another position different from the liquid receiving position on the level surface (and wherein as 607b is capable to be move due to the controlled pressured in 603-2 see ¶0144) and wherein the first angular amount is different from the second angular amount ( the angular amount is the different when the wall 607b is flexible ¶0151 and the Fig 5f and Fig. 5g).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify filling surface Garben so wherein the first angular amount is different from the second angular amount as taught by Sardari for the purpose of controlling the level of the liquid as by controlling the pressure inside the chamber (Sardari, ¶0144).
Re Claim 25, Garben fails to disclose wherein a magnitude of the first angular amount is greater than a magnitude of the second angular amount.
However, Sardari discloses a gas removal apparatus (Fig. 16b) and wherein the filling surface (607a1, Fig. 5e) is configured to be out of plumb by a first angular amount when the gas removal apparatus is arranged in the liquid receiving position on a level surface (as filling start and mot pressure applied to 612 wall ¶0144), and wherein each of at least one of the one or more first contact surfaces is out of plumb by a second angular amount when the gas removal apparatus is arranged in the another position different from the liquid receiving position on the level surface (and wherein as 607b is capable to be move due to the controlled pressured in 603-2 see ¶0144) and wherein a magnitude of the first angular amount is greater than a magnitude of the second angular amount ( Fig, 5f is vertical straight with lower surface and the second angular amount can be less as the wall 607b is flexible ¶0151 and the Fig 5f and Fig. 5g).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify filling surface Garben so wherein a magnitude of the first angular amount is greater than a magnitude of the second angular amount as taught by Sardari for the purpose of controlling the level of the liquid as by controlling the pressure inside the chamber (Sardari, ¶0144).
Re Claim 26, Garben fails to disclose wherein a magnitude of the first angular amount is nominally twice the magnitude of the second angular amount. The instant disclosure describes the parameter of the magnitude of angular amount as being merely preferable (see ¶0129), and does not describe the magnitude of angular amount as contributing any unexpected results to the system. As such, parameters such as the magnitude of angular amount are considered to be matters of design choice, well within the skill of the ordinary artisan, obtained through routine experimentation in determining optimum results. Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was made that the limitation of the magnitude of angular amount would be dependent on the actual application of the system and, thus would be a design choice based on the actual application.
Re Claim 31, Garben fails to disclose wherein the filling surface and at least one first contact surface among the one or more first contact surfaces oppose each other for a first distance, and a second distance between the filling surface and the at least one first contact surface increases as at least part of the first distance is traversed away from the end of the filling surface, where the first opening is arranged.
However, Sardari discloses a gas removal apparatus (Fig. 16b) and wherein the filling surface (607a) and at least one first contact surface ( 607b) among the one or more first contact surfaces oppose each other for a first distance (Fig, 5f), and a second distance between the filling surface and the at least one first contact surface increases as at least part of the first distance is traversed away from the end of the filling surface, where the first opening is arranged (Fig. 5g).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify filling surface Garben so that the filling surface and at least one first contact surface among the one or more first contact surfaces oppose each other for a first distance, and a second distance between the filling surface and the at least one first contact surface increases as at least part of the first distance is traversed away from the end of the filling surface, where the first opening is arranged as taught by Sardari for the purpose of controlling the level of the liquid as by controlling the pressure inside the chamber (Sardari, ¶0144).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMZA A. DARB whose telephone number is (571)270-1202. The examiner can normally be reached 8:00-5:00 M-F (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAMZA A DARB/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
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