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 .
Status of Claims
This office action is in response to the filing of the application on 2/28/2024. Since the initial filing, no claims have been amended, added, or canceled. Thus claims 1-20 are pending in the application.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
FIG 6 reference character “711”
FIG 6 reference character “712”
FIG 7 reference character “817”
FIG 7 reference character “818”
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore,
The third coupling member configured to a third suction tube assembly (ln 9) and the fourth coupling member configured to a fourth suction tube assembly (ln 13) in claim 15
Actuation mechanism (ln 2) in claim 13
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0051] reads “low sensor” (ln 2 and ln 5) and should be corrected to --flow sensor--
Appropriate correction is required.
Claim Objections
Claims 1 and 6 are objected to because of the following informalities:
Claim 1
Ln 14-15 reads “each of the second set of coupling members”, and should be corrected to --each of the coupling members of the second set of coupling members--
Ln 17 reads “wherein each of the second set of coupling members”, and should be corrected to --wherein each of the coupling members of the second set of coupling members--
Claim 6
Ln 7 reads “first contaminate” and should be corrected to --first contaminant--
Ln 9 reads ”second contaminate” and should be corrected to –second contaminant--
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“Actuation Mechanism” in claim 13
This phrase utilizes the generic placeholder “mechanism”, and is not being modified by sufficient structure for performing the claimed function of “actuation”. The specifications [0062] states “the outer cover 710 may comprise an integrated suction valve assembly 714 comprising a button and/or any other suitable valve actuation mechanism that is integrated into the outer cover 710 and selectively actuatable and/or configurable between a plurality of arrangements to selectively establish an open fluid connection between at least a portion of the flow sensor 710 a suction tube assembly coupled thereto.” Therefore, “actuation mechanism” is any suitable means of turning a valve that allows said valve to open/close such as a button or switch.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 -13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "respective one of the plurality of bottom openings" ln 3. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the Applicant is referring one of the previously claimed “plurality of bottom openings” from claim 1 or if the Applicant is meaning to claim a separate bottom opening in addition to one of the plurality of bottom openings.
Claim 3 recites the limitations “a first bottom opening of the plurality of bottom openings” ln 3 and “second bottom opening of the plurality of bottom openings” ln 6. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the Applicant is referring one of the previously claimed “plurality of bottom openings” from claim 1 and/or claim 2 or if the Applicant is meaning to claim the first and second bottom openings in addition to the plurality of bottom openings.
Any remaining claims are rejected as being dependent upon a rejected base claim.
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.
Claims 1-6, 10, 14-15, 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murr (DE 102021124785 A1).
Regarding claim 1, Murr discloses a flow sensor (flow sensor 1, FIG 4) for measuring fluid flow within a breathing system, the flow sensor comprising:
a housing (housing 2, FIG 4) defining a flow channel (flow channel 7, FIG 4) configured to direct a flow of a breathing fluid through the flow sensor, the housing comprising:
a housing body (first housing 3 and second housing 5, FIG 4) configured for receiving the breathing fluid within an internal chamber (flow path 8, FIG 4) thereof, the internal chamber (internal chamber 1 and internal chamber 2 of flow channel 7, See annotated FIG 1) defining at least a portion of the flow chamber (flow guide 10, See FIG 4);
a plurality of coupling members (first pressure sensing connection 11, second pressure sensing connection 13 and drain tube 17, FIG 4), wherein each coupling member of the plurality of coupling members defines an opening through the housing body (internal space of first pressure sensing connection 11, second pressure sensing connection 13 and drain channel 18, openings can be seen going through the housing 2, in FIG 4), the plurality of coupling members comprises:
a first set of coupling members configured for coupling to a sensor assembly (first pressure sensing connection 11 and second pressure sensing connection 13); and
a second set of coupling members configured for coupling to a suction tube assembly (drain tubes 17, FIG 4), each of the second set of coupling members being fluidly connected with the housing body via one of a plurality of bottom openings provided on a bottom side of the housing body (the drainage tube 17s are connected through the housing 2 and in to the flow channel 7, therefore the drainage is connected to the housing 2 via a bottom opening on the bottom section of housing 5 and 3, See FIG 3);
wherein each of the second set of coupling members is configured for coupling to the suction tube assembly such that the flow sensor is configured to facilitate a contaminant extraction operation defined by at least a portion of a contaminant present within the housing being extracted to the suction tube assembly through one or more of the second set of coupling members (As disclosed in [0032], the flow sensors are a part of an integrated sensor system that is set up to control the patients ventilator setting, these setting include signaling the pump to only start suctioning when there is water located in the flow sensor. It is also noted that in this instance water (i.e. condensation) within the ventilation system is being treated as a contaminant (contaminant being defined as something that does not belong) thus the drainage channel and its connected pump assembly (i.e. suction assembly) is performing a contaminant extraction when triggered by the flow sensor system);
wherein each of the second set of coupling members is integrally configured as part of the housing (Murr discloses that the housing 3 and housing 5 are integral (i.e. made in one piece) [0017], as the drain channel 7 is set within the housing units it can be stated that the drain tube 17 and its corresponding drain channel 18 are also integrally configured as part of the housing, See FIG 3 and FIG 4).
Regarding claim 2, Murr discloses the device of claim 1, wherein the housing further comprises one or more reservoirs (collection basin, [0048] “the condensate drainage arrangement 20 can have one or more collection basins, which, for example, extend equidistantly around the circumference along the annular cavity” fluidly connected with the flow channel (flow section 25, See FIG 3) defined by the housing via a respective one of the plurality of bottom openings provided on the bottom side of the housing body (Murr discloses that the flow resistance arrangement 9 provides a flow section 25 for the condensation to flow from flow channel 7 into the condensation drain 20 and then into drain channel 18. Due to the width of flow resistance arrangement 9, a flow section 25 is formed along its flat top, [0042], thus allowing an opening for the flow section 25 to go into the condensation drain 20, thus there are bottom openings along the edge of flow resistance 9 to allow the cond4nsation to drain into the plurality of drain tubes 17 as to allow the condensation the ability to drain away from the flow channel 7. It is also noted that there may be more than one flow section 25 that forms along the flow resistance 9 in differing directions into each drain tube 17 along the housing, FIG 3); wherein the flow sensor is configured such that one or more gravitational forces acts on the at least a portion of the contaminant (i.e. the condensation) present within the internal chamber in a direction at least partially towards the bottom opening provided at the bottom side the of the respective portion of the sensor housing. (As disclosed by Murr [0029], some drain tube 17s are located on the opposite side of the flow sensors as to allow optimal drainage of the condensation (i.e. the contaminant) via gravity and then into the collection basis and should the gravity be insufficient in pulling the water from the flow channel 7 (i.e. the internal chambers 1 and 2, see annotated FIG 1), a pump is also attached to the drain tube 17s for optimal performance).
Annotated FIG. 1 of Murr’s FIG 4
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Regarding claim 3, Murr discloses the device of claim 2, wherein the one or more reservoirs comprises a first reservoir (collection basin of a first drain tube 17, [0023]) fluidly connected to a first internal chamber (internal chamber 1 of flow channel 7, See annotated FIG 1) of a first housing body portion (housing 3) defined by the housing via a first bottom (bottom opening of a first drain tube 17) opening of the plurality of bottom openings provided on the bottom side of the housing body, and a second reservoir (collection basin of a second drain tube 17, [0023]) fluidly connected to a second internal chamber (internal chamber 2 of flow channel 7 connected via flow section 25, FIG 3) of a second housing body portion (housing 5) defined by the housing via a second bottom opening (bottom opening of a second drain tube 17) of the plurality of bottom openings provided on the bottom side of the housing body (FIG 3).
Regarding claim 4, Murr discloses the device of claim 3, wherein a first coupling member (a first drain tube 17, FIG 4) of the second set of coupling members extends from the first reservoir (collection basin of a first drain tube 17, Fig 4), and a second coupling member (a second drain tube 17, FIG 4) of the second set of coupling members extends from the second reservoir (collection basin of a second drain tube 17. Murr discloses that the condensation drain 20 (also known as a cavity a cavity [0042]) that collects the condensation (i.e. the contaminant) from the flow section 25, can contain one or more collection basins extending from said cavity that then extend further into the drain tube to be later pumped out, [0048]. As there can be more than one collection basin [0022], each drain tube would have its own collection basin, thus giving the device a second reservoir).
Regarding claim 5, Murr discloses the device of claim 4, wherein the first coupling member of the second set of coupling members (a first drain tube 17) is fluidly connected to the first reservoir (collection basin of a first drain tube 17) via a first bottom reservoir opening (section of space where condensation drain 20 connects and turns into a first drain channel 18 that is internal to the drain tube 17, FIG 3) in a first bottom reservoir side of the first reservoir; and wherein the second coupling member of the second set of coupling members (a second drain tube 17) is fluidly connected to the second reservoir (collection basin of a second drain tube 17) via a second bottom reservoir opening (section of space where condensation drain 20 connects and turns into a second drain channel 18 that is internal to the drain tube 17, FIG 3) in a second bottom reservoir side of the second reservoir.
Regarding claim 6, Murr discloses the device of claim 5, wherein the first coupling member of the second set of coupling members (a first drain tube 17) is configured for coupling to a first suction tube of the suction tube assembly to define at least a portion of a first suction pathway (suction tube of a first drain tube 17); and wherein the second coupling member of the second set of coupling members (a second drain tube 17) is configured for coupling to a second suction tube of the suction tube assembly (suction tube of a second drain tube 17) to define at least a portion of a second suction pathway, wherein the flow sensor is configured to facilitate extraction of a first contaminate from within the first reservoir via the first suction pathway (Murr discloses that there may be one or more suction pumps that connect to drain tubes 17, [0026]; it would be obvious to one skilled in the art that there must be the corresponding suction tube attachment that connects the drain tubes 17 to the suction pump assembly in order for the condensation to drain efficiently. It would be obvious then, for there to be a suction tube connected to a first drain tube 17 as well as a suction tube connected to a second drain tube 17 on the device); and wherein the flow sensor is configured to facilitate extraction of a second contaminate from within the second reservoir via the second suction pathway. ([0026] “The sensor system further comprises at least one pump arrangement on at least one drain channel, which is designed to selectively remove liquid present in the condensate drain arrangement from the flow sensor”)
Regarding claim 10, Murr discloses the device of claim 2, wherein the one or more reservoir is integrally configured as part of the housing. (As seen within FIG 3, the condensation drain arrangement integrated within the housing 2 and the condensation drain arrangement may contain a collection basin to collect condensation, before traveling further into the drain channel 18 of drain tube 17 and pumped out into a separate reservoir for collection, [0048]).
Regarding claim 14, Murr the device of claim 1, wherein the second set of coupling members comprises three or more coupling members. (Murr details that there may be multiple drain tube 17s within the flow sensor system, FIG 4).
Regarding claim 15 (interpretation one), Murr discloses the device of claim 14, wherein the second set of coupling members comprises:
a first coupling member (a first drain tube 17 on housing 5, FIG 4) configured for coupling to a first suction tube of the suction tube assembly (suction pump attachment tube, [0049] “each drain pipe 17 can have a pump arrangement”) to facilitate fluid communication between a first internal chamber (internal chamber 1 of flow channel 7, annotated FIG 1) defined by a first housing body portion (housing 3, FIG 1) of the housing (housing 2, FIG 1) and the suction tube assembly;
a second coupling member (a second drain tube 17 on housing 5, FIG 4) configured for coupling to a second suction tube of the suction tube (suction pump attachment tube, [0049] “each drain pipe 17 can have a pump arrangement”) assembly to facilitate fluid communication between the first internal chamber (internal chamber 1 of flow channel 7, annotated FIG 1) defined by the first housing body portion (housing 3, FIG 1) and the suction tube assembly;
a third coupling member (a third drain tube 17 on housing 5, FIG 4) configured for coupling to a third suction tube of the suction tube assembly (suction pump attachment tube, [0049] “each drain pipe 17 can have a pump arrangement”) to facilitate fluid communication between a second internal chamber (internal chamber 2 of flow channel 7. It is noted that each of the four drain tube 17s displayed in FIG 4, are all in fluid communication with each internal chamber and each housing, as to be in fluid communication is simply to have a flow path. It can be seen that the internal chambers 1 and 2 are in fluid communication with each other as part of the flow channel 7; due to both channels being openly connected (as seen in FIG 4), anything that is connected to either channel is therefore fluidically connected to the other; thus, a third drain tube on housing 5 is fluidically connected to internal chamber 1 and internal chamber 2) defined by a second housing body portion (housing 5, FIG 4) of the housing and the suction tube assembly; and
a fourth coupling member (a fourth drain tube 17 on housing 5, FIG 4) configured for coupling to a fourth suction tube of the suction tube assembly (suction pump attachment tube, [0049] “each drain pipe 17 can have a pump arrangement”) to facilitate fluid communication between the second internal chamber (internal chamber 2 of flow channel 7. It is noted that each of the four drain tube 17s displayed in FIG 4, are all in fluid communication with each internal chamber and each housing, as to be in fluid communication is simply to have a flow path. It can be seen that the internal chambers 1 and 2 are in fluid communication with each other as part of the flow channel 7; due to both channels being openly connected (as seen in FIG 4), anything that is connected to either channel is therefore fluidically connected to the other; thus, a fourth drain tube on housing 5 is fluidically connected to internal chamber 1 and internal chamber 2) defined by the second housing body portion (housing 5, FIG 4) of the housing (housing 2) and the suction tube assembly.
Regarding claim 15 (interpretation two), Murr discloses the device of claim 14, wherein the second set of coupling members comprises:
a first coupling member (a drain tube 17 on housing 3, FIG 4) configured for coupling to a first suction tube of the suction tube assembly (suction pump attachment tube, [0049] “each drain pipe 17 can have a pump arrangement”) to facilitate fluid communication between a first internal chamber (internal chamber 1 of flow channel 7. As stated by [0023] the condensation drain arrangement and its corresponding drain tubes may be on the either side of the housing and/or both sides; thus there can be 4 drain tubes on housing 3, housing 5, or on both housings together) defined by a first housing body portion (housing 3, FIG 1) of the housing (housing 2, FIG 1) and the suction tube assembly;
a second coupling member (another drain tube 17 on housing 3, FIG 4) configured for coupling to a second suction tube of the suction tube (suction pump attachment tube, [0049] “each drain pipe 17 can have a pump arrangement”) assembly to facilitate fluid communication between the first internal chamber (internal chamber 1 of flow channel 7, As stated by [0023] the condensation drain arrangement and its corresponding drain tubes may be on the either side of the housing and/or both sides; thus there can be 4 drain tubes on housing 3, housing 5, or on both housings together) defined by the first housing body portion (housing 3, FIG 1) and the suction tube assembly;
a third coupling member (a drain tube 17 on housing 5, FIG 4) configured for coupling to a third suction tube of the suction tube assembly (suction pump attachment tube, [0049] “each drain pipe 17 can have a pump arrangement”) to facilitate fluid communication between a second internal chamber (internal chamber 2 of flow channel 7, annotated FIG 1) defined by a second housing body portion (housing 5, FIG 4) of the housing and the suction tube assembly; and
a fourth coupling member (a drain tube 17 on housing 5, FIG 4) configured for coupling to a fourth suction tube of the suction tube assembly (suction pump attachment tube, [0049] “each drain pipe 17 can have a pump arrangement”) to facilitate fluid communication between the second internal chamber (internal chamber 2 of flow channel 7, annotated FIG 1) defined by the second housing body portion (housing 5, FIG 4) of the housing (housing 2) and the suction tube assembly.
Regarding claim 17, Murr discloses the device of claim 1, wherein each of the plurality of coupling members is configured to extend in a respective direction that is at least substantially parallel to a flow direction defined at least in part by central axis of the flow channel defined by the housing. (Murr details in [0037] that the pressure sensing connections 11 and 13 as well as the drain tubes 17 are both perpendicular to the flow guide 10, See FIG 1-8).
Regarding claim 18, Murr discloses the device of claim 1, wherein each of the plurality of coupling members is configured to extend in a respective direction that is at least substantially perpendicular to a flow direction defined at least in part by central axis of the flow channel defined by the housing. (Murr details in [0037] that the pressure sensing connection sensors 11 and 13 as well as the drain tubes 17 are both perpendicular to the flow guide 10, See FIG 1-8. The central axis is further defined by the flow arrangement 9 and the separation joint 12; the separation joint 12 being a defined part of the housing 2).
Regarding claim 19, Murr discloses the device of claim 1, wherein the flow sensor embodies a passive flow differential pressure converter. (Murr discloses that the flow sensor system is a differential pressure flow sensor system, [0002, 0065]).
Regarding claim 20, Murr discloses the device of claim 1, wherein each of the first set of coupling members is fluidly connected with the housing body via one of a plurality of top openings provided on a top side of the housing body, the top side being an opposite side of the housing body relative to the bottom side. (As shown in FIG 1 and FIG 2, the first set of coupling members (first pressure sensing connection 11 and second pressure sensing connection 13) are located on a top portion of the first housing 3 and the second housing 5; while in turn the second set of coupling members (drain tubes 17) can be seen as connected to the bottom portion of housing 2).
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.
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 7 is rejected under 35 U.S.C. 102(a)(1) as anticipated by Murr (DE 102021124785) or, in the alternative, under 35 U.S.C. 103 as obvious over Murr (DE 102021124785).
Regarding claim 7, Murr discloses the device of claim 3, wherein the first reservoir (collection basin of a first drain tube 17) defines a first internal volume and the second reservoir (collection basin of a second drain tube 17) defines a second internal volume, wherein the first internal volume is different than the second internal volume (volume is a physical aspect of the collection basins (i.e. reservoir) of each drain tube (i.e the coupling members) therefore would be a separate and distinct aspect of each tube, thus the volume within each basin would be different as the claim does not specify specifically what it is that is different about each reservoir’s volume; therefore, each reservoir is different strictly because they are not the same reservoir. Alternatively, while in use the volume of each collection basin (i.e. reservoir) would fill independently from the other basins, allowing the volume within each basin to be holding different and distinct volumes then the other basins during condensation collection; thus, the condensation being held within the collection basins would be holding different volumes of liquid before the suction assembly can turn on; therefore, making the volumes of each basin (i.e. reservoirs) to be different).
However, should there be any doubt that Murr discloses the first internal volume being different than the second internal volume as the claim requires should the Applicant be referring to a numerical value of the volumes being different.
It has been held that choosing any solution from a finite number of solutions to obtain a predictable result is well within the purview of ordinary skill in the art. KSR International Co. v. Teleflex Inc. (KSR), 550 U.S., 82 USPQ2d 1385 (2007). It can be seen that there are only a finite number of was the internal volumes of the collection basins can be created, either: the collection basins can have the same internal volume, or they can have a different internal volume. Therefore, it would have been obvious to one of ordinary skill in the art to modify the device to have the collection basins of drain tube 17.1 and 17.2 be of different internal volumes (in this instance-collection basin of drain tube 17.1 may be smaller in internal volume in comparison to the collection basin of drain tube 17.2) and have an effective condensation filtration from the flow channel 7, as the direction of the air flow would cause more condensation build up along the top of the flow resistance 9 than the back of the flow resistance 9. In this instance it would have been obvious to try having a larger internal volume for the collection basin for drain tube 17.2 in order to catch more condensation along the top end of the flow resistance 9. The examiner notes the rejection above is based on KSR int'l Co. V. Teleflex inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007), rationale E, outlined in MPEP 2143.
Furthermore, Applicant has not provided evidence for the criticality of the different internal volumes both reservoirs. In the specifications [0047], Applicant discloses that the first reservoir may define a first internal volume and the second reservoir may define a second internal volume that is different from the first internal volume of the first reservoir. However, the Applicant has not provided evidence, such as specific internal volumes of the first and second reservoirs, providing unexpected results in filtering contaminants from the breathing circuit. It is the examiners position that one of ordinary skill in the art at the time of device invention, an individual could easily test the difference of device function with the internal reservoirs (in this case- the collection basins) having differing internal volumes and how it would affect contaminant (i.e. condensation) extraction.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Murr as applied to claim 4 above, and further in view of Hansmann (US 20230330367 A1).
Regarding claim 8, Murr discloses the device of claim 4.
Murr is silent on each of the first coupling member and the second coupling member comprises a luer lock fitting.
However, Hansmann teaches of a sensor arrangement on a medical exhalation valve that utilizes luer locks as a way to ensure fluid connection to the main line rapidly and easy manner, [0026].
Therefore, it would be obvious to one of ordinary skill in the art prior to the effective filling date to modify the device of Murr to include luer lock fittings as taught by Hansmann as a simple and easy means of connecting the sensors and the drain tubes to the housing 2 for an efficient fluid connection to the flow guide as well as providing a standard removable means of connecting the sensors and the drain tubes to the housing, thereby, allowing easy repair and replacement of parts. This allows an individual to connect the tubing’s on either the flow sensors or drainage tubing with little to no complications as it would not take specific training or expertise in order to utilize this locking system.
Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Murr as applied to claim 4 and 1 respectfully above, and further in view of Oddo (US 20220370751 A1).
Regarding claim 9, Murr discloses the device of claim 4.
Murr is silent on each of the first coupling member and the second coupling member comprising a barbed fitting.
However, Oddo teaches of a mechanical ventilation system that utilizes barbed fittings on the flow sensors as to allow air flow with minimal resistance of fluidic loss, [0026].
Therefore, it would be obvious to one of ordinary skill in the art prior to the effective filling date to modify the device of Murr to include barbed fitting as taught by Oddo as a means of connecting the pressure sensing connection sensors 11 and 13 as to allow the sensors to be attached and able to read the necessary information but not interrupt the fluidic flow from the flow guide 10 and prevent any data errors caused by any fluidic loss within they system (Oddo, [0026]); as well as allow a more efficient suction from the pump to be performs through the drain tubes 17 (i.e. the coupling member).
Regarding claim 16, Murr discloses the device of claim 1.
Murr is silent on each of the plurality of coupling members is defined at least in part by a secure leak-proof connector.
However, Oddo teaches of a mechanical ventilation system that utilizes barbed fittings, a commonly known secure, leak proof connector, on the flow sensors as to allow air flow with minimal resistance of fluidic loss, [0026].
Therefore, it would be obvious to one of ordinary skill in the art prior to the effective filling date to modify the device of Murr to include barbed fitting as a means of connecting the pressure sensing connection sensors 11 and 13 as to allow the sensors to be attached and able to read the necessary information but not interrupt the fluidic flow from the flow guide 10 and prevent any pressure loss that could cause any data errors taken by a poorly fitting sensor; as well as allow a more efficient suction from the pump to be performs through the drain tubes 17. This connector when properly fitted; as is necessary when utilizing a ventilator for medical purposes; the barbed fitting would provide a secure leak proof connection to endure minimal fluidic loss between the drain tube 17 (i.e. the coupling member) and the suction pump assembly (Oddo, [0026]).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Murr as applied to claim 2 above, and further in view of Lucas (US 20170239011 A1).
Regarding claim 11, Murr discloses the device of claim 2.
Murr is silent on the device further comprising an outer cover embodying an external shell having an internal volume configured to house at least a portion of the plurality of coupling members therein.
However, Lucas teaches of a portable oxygenation machine that contains a fluid pump system housed within an outer case that can be carried around by a user.
Therefore, it would be obvious to one of ordinary skill in the art prior to the effective filling date to design the modified device of Murr as taught by Lucas to be contained fully within an outer case to allow for the portability of the flow sensor and suction system. The outer case providing protection from objects and other elements as well as providing quick portable system for those in need of a portable flow system.
Regarding claim 12, Murr discloses the modified device of claim 11.
Murr is silent on further comprising an integrated suction valve assembly that is selectively configurable between a plurality of arrangements corresponding to a respective plurality of suction operating conditions.
However, Lucas teaches of a portable oxygenation machine that contains a fluid pump system housed within an outer case that can be carried around by a user. This outer case contains two controllers that are able to manipulate the function of the suction assembly within the outer case, [0046-0049]. The controller 290 along the outer case, can manipulate the speed of the internal pump while the toggle switch controller 280 turns the pump on, off, and in reverse.
Therefore, it would be obvious to one of ordinary skill in the art prior to the effective filling date to design the modified device of Murr to as taught by Lucas include a controller that manipulates the suction and directional flow of the pump; thus, allowing the user control over the contamination filtration while remaining portable.
Regarding claim 13, Murr discloses the modified device of claim 12, wherein the integrated suction valve assembly (Lucas, 110 collection system, FIG 3-4) comprises an actuation mechanism (Lucas, toggle switch 280) that is integrated into the outer cover (Lucas, collection container 230. The toggle switch controller 280 is depicted on the outer cover of the portable carrying device, allowing the user to turn the pump on, off, and reverse, [Lucas, 0047-0048]. This allows the user to manual start and stop the pump without a large and heavy computer system, as well as utilize controller 290 to manipulate the speed of suction down by the inner collection system).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Garry et al. (WO 2025043336 A1) teaches of a flow sensor within an airway device with multiple outlets for pressure sensing and fluid communication within the airway channel.
Friberg et al. (US 20210162151 A1) teaches of a respiratory flow sensor attached to a flow channel pipe with a flow channel flap to separate the regions of the flow channel for pressure measurements.
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/DANIELLE B RESTAINO/Examiner, Art Unit 3785
/TU A VO/Primary Examiner, Art Unit 3785
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