DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. This Office Action is in response to the filing of the application on 03/08/2024. Since the initial filing, no claims have been amended, added, or cancelled. Thus, claims 1-20 are currently pending.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. Claim(s) 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 2021/0146078) in view of Zatezalo et al. (US 7,052,799).
Regarding claim 11, Huang discloses a system (fig. 7a, anesthesia machine 700 which includes a gas source interface and anesthetic breathing apparatus separately connected to the gas source interface, see abstract) including an interface ([0039] states that the anesthetic delivery module 401 includes gas mixer 4011 and anesthetic evaporator 4012 which can be connected to a gas source interface, see fig. 4), the system comprising a housing with an outer surface (see annotated fig. 7a below where the outer surface are the portions of the housing not covered by evaporator 702), but does not expressly disclose that the interface is configured to retain and selectively eject a mechanical component, the system comprising: a button having an outer surface, and configured to receive an engagement force from a user; and a latch including an engagement portion, and configured to selectively secure the mechanical component to the system via the engagement portion according to a position of the button, wherein a positional relationship between the outer surface of the button with the outer surface of the housing indicates whether or not the mechanical component is correctly received by the interface of the system.
However, Zatezalo teaches of a removable battery pack that uses a battery latch mechanism (fig. 2, 20) that includes a button (fig. 2, 78) that is connected to a latch (fig. 3, latching member 76) to removably secure the battery pack (figs. 2-4).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the interface between the evaporator (Huang fig. 7a, 702) and the gas source interface (as detailed in Huang [0039] and figs. 4-5) with the battery latch mechanism as taught by Zatezalo to allow selective attachment of the anesthetic delivery module which includes the evaporators to the gas source interface as described (Huang [0038]-[0039]).
The modified system of Huang reads on the interface configured to retain and selectively eject a mechanical component (Zatezalo fig. 2-4, battery latch mechanism 20), the system comprising: a button having an outer surface (Zatezalo fig. 2, 78), and configured to receive an engagement force from a user (Zatezalo col. 5, lines 61-62 state that the button is depressible); and a latch including an engagement portion (Zatezalo fig. 3, latching member 76), and configured to selectively secure the mechanical component (Huang fig. 7a, evaporator 702) to the system (Huang fig. 7a, anesthesia machine 700) via the engagement portion according to a position of the button (Zatezalo figs. 2-4 show latching member 76 moving with the position of button 78), wherein a positional relationship between the outer surface of the button with the outer surface of the housing indicates whether or not the mechanical component is correctly received by the interface of the system (Zatezalo fig. 2 shows a complete connection where the button 78 is flush with the outer surface of housing 23, and fig. 3 shows an incomplete connection where the button 78 is no longer flush with the outer surface of housing 23).
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Regarding claim 12, the modified system of Huang reads on the limitations of claim 11 and further reads on wherein when the outer surface of the button is not in a predetermined position with the outer surface of the housing (Zatezalo fig. 3, button 78 is depressed below outer surface 23 of housing 22), this indicates that the mechanical component has not been fully received by the system (Zatezalo fig. 3, latching member 76 is not fitted into latch cavity 68, and the contact between latching member 76 and camming surface 72 of lip 66 keeps the button 78 depressed).
Regarding claim 13, the modified system of Huang reads on the limitations of claim 12 and further reads on wherein the predetermined position is when the outer surface of the button is substantially flush with the outer surface of the housing (Zatezalo fig. 2, button 78 is flush with outer surface 23).
Regarding claim 14, the modified system of Huang reads on the limitations of claim 11 and further reads on a wedge configured to move with the button (Zatezalo fig. 5a, transversely-spaced flanges 89, 90 are connected and therefore move with button 78), wherein the wedge is configured to interact with the latch (Zatezalo fig. 5a, the flanges 89 and 90 correspond to a pair of grooves 91 and 92 located on the latching member 76) to force the engagement portion of the latch away from the mechanical component when the button is forced inwardly (Zatezalo fig. 3, shows movement arrow 110 where latching member 76 moves away from the case 48, which is caused by engagement between flanges 89 and 90 with grooves 91 and 92, see col. 8, lines 9-14).
Regarding claim 16, the modified system of Huang reads on the limitations of claim 14 and further reads on wherein the wedge (Zatezalo fig. 5a, flanges 89 and 90) is configured to interact with the latch and to pull the button inwardly (see Zatezalo col. 8, lines 9-14 which states the interaction between the flanges and grooves causes the latch to move away from the case 48, see fig. 3) when the engagement portion of the latch is being forced by the mechanical component (Zatezalo fig 3, the case 48 is contacted the latch 76 thereby causing movement 110, this can be done by forcing the case 48 onto the latch 76 due to the sloped upper portion of latch 76).
Regarding claim 18, the Huang discloses a method for inserting a vaporizer into an interface of an anesthesia machine (fig. 7a, anesthesia machine 700 which includes a gas source interface and an anesthetic breathing apparatus is separately connected to the gas source interface, see abstract), but does not disclose the method comprising the steps of partially receiving the vaporizer in the interface, thereby causing a button of the anesthesia machine to not be in a predetermined position; and fully receiving the vaporizer in the interface, thereby causing the button of the anesthesia machine to be in a predetermined position.
However, Zatezalo teaches of a removable battery pack that uses a battery latch mechanism (fig. 2, 20) that includes a button (fig. 2, 78) that is connected to a latch (fig. 3, latching member 76) to removably secure the battery pack (figs. 2-4).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the interface between the evaporator (Huang fig. 7a, 702) and the gas source interface (as detailed in Huang [0039] and figs. 4-5) with the battery latch mechanism as taught by Zatezalo to allow selective attachment of the anesthetic delivery module which includes the evaporators to the gas source interface as described (Huang [0038]-[0039]).
The modified method of Huang reads on partially receiving the vaporizer in the interface (Zatezalo fig. 3), thereby causing a button of the anesthesia machine to not be in a predetermined position (Zatezalo fig. 3, the button 78 is not flush with the outer surface 23); and fully receiving the vaporizer in the interface (Zatezalo fig. 2), thereby causing the button of the anesthesia machine to be in a predetermined position (Zatezalo fig. 2, the button 78 is flush with outer surface 23).
Regarding claim 19, the modified method of Huang reads on the limitations of claim 18 and further reads on wherein when the vaporizer is fully received by the interface (Zatezola fig. 2), the vaporizer is engaged with the anesthesia machine (Huang [0038] states that the anesthetic delivery module 401, which includes anesthetic evaporator 4012, can be connected to the gas source interface, meaning they are engaged).
Regarding claim 20, the modified method of Huang reads on the limitations of claim 19 and further reads on wherein when the button receives a force from a user (Zatezalo col. 5, lines 61-62 state that the button is depressible), the vaporizer is disengaged with the anesthesia machine (Zatezalo fig. 3, when the button 78 is depressed, the case 48 disengages as it is no longer held by latch 68).
Allowable Subject Matter
7. Claims 15 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
8. Claims 1-11 are allowed.
The following is an examiner’s statement of reasons for allowance: The prior are of record fails to disclose the specific structural and functional limitations as recited in the claims. In independent claim 1, and dependent claims 15 and 17, the prior art of record fails to disclose a machine or system comprising a wedge with an upwardly or downwardly facing slope for engaging a latch in combination with the remaining claim limitations.
The closes prior art of record is Zatezalo et al. (US 7,052,799) and Wang et al. (WO-2021134368).
While Zatezalo discloses a battery latch mechanism (figs. 2-4, 20), Zatezalo does not disclose a wedge (fig. 5a, flanges 89 and 90) that has upwardly or downwardly sloped regions for engaging the latch. While Wang discloses a button attached to a latch for engaging a vaporizer to an anesthesia machine (see figs. 3-4), Wang does not disclose a wedge that has upwardly or downwardly sloped regions for engaging with the latch or the button being located on the anesthesia machine rather than the vaporizer.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mashak (US 2006/0231092) discloses an interface mechanism between a canister and a ventilator.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS Z CHANG whose telephone number is (571)272-0432. The examiner can normally be reached Monday-Friday 9:00 am-5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at (571)272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS Z CHANG/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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