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 § 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.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 13 and 20, and thus their dependent claims, 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 13 recites the limitation(s) of “…a PEEP valve having a body extending therefrom and defining a cavity therein; and wherein the body has a first opening, wherein the first opening has a first coupler that is adapted to operably connect to an endotracheal tube to form a fluid path between said PEEP valve and said endotracheal tube; and a second opening in the body that is fluidly connected to the fluid path, wherein the second opening has a second coupling element that is adapted to operably connect to an enhanced oxygen source” – however it is unclear if the term “body” used in claim 13 is referring to the body 32 of the adapter 30, as described in Paragraph 0035 of Applicant’s specification, or if it is referring to the body of the PEEP valve 110. Should Applicant intend for the term “body” to refer to the PEEP valve body, as the claim reads, there is no description/support of the PEEP valve body having its own distinct first and second opening, as also written in the claim. For the purpose of Examination, the Examiner will consider the “first opening” as being opening 42 and the “second opening” as being opening 44 of the adapter body 32, as described in Paragraph 0035. Claim 20 is similarly rejected, as claim 20 recites the endotracheal tube having a body with a first a second opening, with Applicant’s specification lacking any description or mention of such distinct openings.
Claims 13 and 20, and thus their dependent claims, are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. As mentioned above, there is no description and/or support in Applicant’s specification for the PEEP valve 110 body having its own “first and second opening”, as written in the claim. Rather, the only “first and second openings” are described as openings 42 and 44, which are a part of the adapter body 32, not the PEEP valve 110 itself. Claim 20 is similarly rejected, as claim 20 recites the endotracheal tube having a body with a first a second opening, with Applicant’s specification lacking any description or mention of such distinct openings.
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.
Claim(s) 1-2, 4, 6, 13-14, 16, 20-21 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Godwin (US 2015/0352303 A1)
Regarding claim 1, Godwin discloses an apparatus for use with an endotracheal tube comprising (valve apparatus 20 configured to attach to an endotracheal tube 50, Figure 1 and Paragraph 0031, Abstract): a body defining a cavity therein (valve apparatus 20 comprises a valve body defining a gas passageway therethrough, Paragraph 0032); and wherein the body has a first opening (valve 20 comprises a first outlet 24, Figures 3a/3b and Paragraph 0037) and a spaced apart second opening therein with a fluid path in said cavity between said first and second openings (valve may comprise a second port 160 that is spaced apart from the first outlet 24, Figure 5 and Paragraph 0038); wherein the first opening has a first coupler that is adapted to operably connect to an endotracheal tube (first outlet port 24 is configured to operably connect to the endotracheal tube 50 via a coupling mechanism such as a friction fit or snap-fit connection, Paragraph 0037); wherein the second opening has a second coupler that is adapted to operably connect to a PEEP valve (port 160 may comprise portions configured to mate with corresponding portions of a PEEP valve 120 removably attached to port 160, Paragraph 0040 and Figure 5); and a third opening in said body, wherein the third opening has a third coupler that is adapted to operably connect to an enhanced oxygen source (port 22 configured to couple to a compressible bag 30 including a manual resuscitator, Paragraph 0034 and Figures 1, 3a, 3b).
Regarding claim 2, Godwin further discloses wherein the third opening in said body is located along said fluid path between the first opening and the second opening (port 22 configured to couple with compressible bag 30 is located along fluid path between the endotracheal tube port and the PEEP valve 120 port, as shown in Figure 5).
Regarding claim 4, Godwin further discloses wherein the body is made of plastic (valve body 20 made from a molded thermoplastic resin, Paragraph 0032).
Regarding claim 6, Godwin further discloses wherein said first opening is circular having a first diameter (port 24 configured to couple with endotracheal tube 50 is circular having a first diameter, Figures 3a/3b), wherein said second opening is circular having a second diameter that is greater than said first diameter (see second port 160 comprising a larger circular diameter than the diameter of the port 24 configured to couple with endotracheal tube 50, Figure 5).
Regarding claim 13, Godwin discloses an apparatus for use with an endotracheal tube comprising (valve apparatus 20 configured to attach to an endotracheal tube 50, Figure 1 and Paragraph 0031, Abstract): a PEEP valve having a body extending therefrom and defining a cavity therein (PEEP valve 120 comprising a body with cavity, Paragraph 0040 and Figure 5); and wherein the body has a first opening, wherein the first opening has a first coupler that is adapted to operably connect to an endotracheal tube to form a fluid path between said PEEP valve and said endotracheal tube (the Examiner notes the 112a/b rejections presented above with regards to the “first opening” – and for the purpose of examination, the Examiner has taken the “first opening” as being the first opening of the adapter body, as Applicant’s specification describes – and therefore Godwin’s device similarly comprises a first opening outlet 24 configured to couple with an endotracheal tube 50 and therefore forming a fluid path between the PEEP valve 120 and the endotracheal tube 50, Paragraph 0037 and Figure 5); and a second opening in the body that is fluidly connected to the fluid path, wherein the second opening has a second coupling element that is adapted to operably connect to an enhanced oxygen source (the Examiner notes the 112a/b rejections presented above with regards to the “second opening” – and for the purpose of examination, the Examiner has taken the “second opening” as being the second opening of the adapter body, as Applicant’s specification describes – and therefore Godwin’s device similarly comprises a secondary port 22 configured to couple to a compressible bag 30 including a manual resuscitator, Paragraph 0034 and Figures 1, 3a, 3b).
Regarding claim 14, Godwin further discloses wherein the second opening in said body is located along said fluid path between the first opening and the PEEP valve (see Figure 5 showing secondary port 22 connected to bag 30 located within fluid path between the endotracheal tube 50 opening and the PEEP valve 120).
Regarding claim 16, Godwin further discloses wherein said first opening is circular having a first diameter, wherein said second opening is circular having a second diameter that is smaller than said first diameter (see second port 160 comprising a larger circular diameter than the diameter of the port 24 configured to couple with endotracheal tube 50, Figure 5).
Regarding claim 20, Godwin discloses an apparatus for use with an endotracheal tube comprising (valve apparatus 20 configured to attach to an endotracheal tube 50, Figure 1 and Paragraph 0031, Abstract): an endotracheal tube having a body extending therefrom and defining a cavity therein (endotracheal tube 50, Figure 1); and wherein the body has a first opening, wherein the first opening has a first coupler that is adapted to operably connect to a PEEP valve to form a fluid path between said PEEP valve and said endotracheal tube (the Examiner notes the 112a/b rejections presented above with regards to the “first opening” – and for the purpose of examination, the Examiner has taken the “first opening” as being the first opening of the adapter body, as Applicant’s specification describes – and therefore Godwin’s device similarly comprises a first opening outlet 24 configured to couple with an endotracheal tube 50 and therefore forming a fluid path between the PEEP valve 120 and the endotracheal tube 50, Paragraph 0037 and Figure 5); and a second opening in the body that is fluidly connected to the fluid path, wherein the second opening has a second coupling element that is adapted to operably connect to an enhanced oxygen source (the Examiner notes the 112a/b rejections presented above with regards to the “second opening” – and for the purpose of examination, the Examiner has taken the “second opening” as being the second opening of the adapter body, as Applicant’s specification describes – and therefore Godwin’s device similarly comprises a secondary port 22 configured to couple to a compressible bag 30 including a manual resuscitator, Paragraph 0034 and Figures 1, 3a, 3b).
Regarding claim 21, Godwin further discloses wherein the second opening in said body is located along said fluid path between the first opening and the endotracheal tube (see Figure 5 showing secondary port 22 connected to bag 30 located within fluid path between the endotracheal tube 50 opening and the PEEP valve 120).
Regarding claim 23, Godwin further discloses wherein said first opening is circular having a first diameter, wherein said second opening is circular having a second diameter that is smaller than said first diameter (see second port 160 comprising a larger circular diameter than the diameter of the port 24 configured to couple with endotracheal tube 50, Figure 5).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3, 15 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Godwin (US 2015/0352303 A1) in view of Salvino et al. (US 2023/0014924 A1).
Regarding claim 3, Godwin teaches the apparatus of claim 1, and although Godwin teaches a third opening operably connected to an oxygen source, Godwin is silent wherein the third opening includes a ribbed oxygen port adapted to operably connect to an enhanced oxygen source.
However, Salvino teaches an endotracheal tube apparatus comprising a body (body 105, Figure 1 and Paragraph 0035, see also Abstract) comprising various openings and/or ports, to include a third opening comprised a ribbed oxygen port adapted to operably connect to an enhanced oxygen source (an oxygen port 322 comprises a ribbed port adapter 324 at the oxygen orifice 336, Figure 3B and Paragraph 0046).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the third opening comprise a ribbed oxygen ported, as taught by Salvino, as providing a port with a ribbed connection may aide in providing a more secure connection between the port and the oxygen source.
Regarding claim 15, Godwin teaches the apparatus of claim 13, and although Godwin teaches a third opening operably connected to an oxygen source, Godwin is silent wherein the second opening includes a ribbed oxygen port adapted to operably connect to an enhanced oxygen source.
However, Salvino teaches an endotracheal tube apparatus comprising a body (body 105, Figure 1 and Paragraph 0035, see also Abstract) comprising various openings and/or ports, to include an opening comprised a ribbed oxygen port adapted to operably connect to an enhanced oxygen source (an oxygen port 322 comprises a ribbed port adapter 324 at the oxygen orifice 336, Figure 3B and Paragraph 0046).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the second opening comprise a ribbed oxygen ported, as taught by Salvino, as providing a port with a ribbed connection may aide in providing a more secure connection between the port and the oxygen source.
Regarding claim 22, Godwin teaches the apparatus of claim 20, and although Godwin teaches a third opening operably connected to an oxygen source, Godwin is silent wherein the second opening includes a ribbed oxygen port adapted to operably connect to an enhanced oxygen source.
However, Salvino teaches an endotracheal tube apparatus comprising a body (body 105, Figure 1 and Paragraph 0035, see also Abstract) comprising various openings and/or ports, to include an opening comprised a ribbed oxygen port adapted to operably connect to an enhanced oxygen source (an oxygen port 322 comprises a ribbed port adapter 324 at the oxygen orifice 336, Figure 3B and Paragraph 0046).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the second opening comprise a ribbed oxygen ported, as taught by Salvino, as providing a port with a ribbed connection may aide in providing a more secure connection between the port and the oxygen source.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Godwin (US 2015/0352303 A1) in view of Vazales et al. (US 2019/0336714 A1).
Regarding claim 5, Godwin teaches the apparatus of claim 1, however is silent wherein the body is transparent.
However, Vazales teaches an adapter comprising a body configured to couple to an endotracheal tube (endotracheal tube adapter 10 comprising multiple ports, Figure 1 and Paragraph 0053), wherein the body is transparent (the manifold of the endotracheal tube adapter is transparent, Paragraph 0007).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the body be transparent, as taught by Vazales, as having a transparent endotracheal tube adapter body may aide in facilitating the viewing of the accessories inserted into the various ports in the body (Paragraph 0007), therefore ensuring secure fit.
Claims 7-9, 17 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Godwin (US 2015/0352303 A1) in view of Nye et al. (US 2017/0007792 A1).
Regarding claim 7, Godwin teaches the apparatus of claim 1, however is silent wherein said body has a frustoconical portion that tapers from said first opening to said second opening.
However, Nye teaches an apparatus configured to couple to an endotracheal tube and comprising a body (adapter 120 configured to couple to an endotracheal tube 110, Figure 1 and Paragraph 0025, Abstract) wherein the body has a frustoconical portion that tapers from said first opening to said second opening (see Figures 4-5 showing adapter 120 having a frustoconical shape that tapers from its first opening 124 to a second opening 125, see also Paragraph 0032).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the body comprise a frustoconical and/or tapering overall shape, as such a tapered shape by reduce the overall profile of the device and therefore making it more lightweight, and having a tapered shape may also aide in the securement of the various accessories intended to couple to each end of the port.
Regarding claim 8, Godwin teaches the apparatus of claim 1, further teaching wherein the first coupler includes a generally cylindrical portion of an inner (outlet port 24 comprises a generally cylindrical portion that inner port connects to endo tube 50, Figures 3a/3b) wherein the inner surface operably connects to a connector of an endotracheal tube using a friction fit between the first coupler and the connector (the first outlet 24 and the endotracheal tube 50 may be coupled via a friction fit, Paragraph 0037).
However, Godwin doesn’t explicitly state the inner surface of the body with a slight taper.
However, Nye teaches an apparatus configured to couple to an endotracheal tube and comprising a body (adapter 120 configured to couple to an endotracheal tube 110, Figure 1 and Paragraph 0025, Abstract) wherein the body comprises an inner surface with a slight taper (see Figures 4-5 showing adapter 120 having a frustoconical shape that tapers from its first opening 124 to a second opening 125, see also Paragraph 0032).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the body comprise a frustoconical and/or tapering overall shape, as such a tapered shape by reduce the overall profile of the device and therefore making it more lightweight, and having a tapered shape may also aide in the securement of the various accessories intended to couple to each end of the port.
Regarding claim 9, Godwin teaches the apparatus of claim 1, further teaching wherein the second coupler is a generally cylindrical portion of an outer surface of the body, wherein the outer surface operably connects to a connecting portion of a PEEP valve using a friction fit between the second coupler and the connecting portion. (port 160 may comprise portions configured to mate with corresponding portions of a PEEP valve 120 removably attached to port 160, port 160 is cylindrical Paragraph 0040 and Figure 5).
However, Godwin doesn’t explicitly state the outer surface of the body with a slight taper.
However, Nye teaches an apparatus configured to couple to an endotracheal tube and comprising a body (adapter 120 configured to couple to an endotracheal tube 110, Figure 1 and Paragraph 0025, Abstract) wherein the body comprises an inner surface with a slight taper (see Figures 4-5 showing adapter 120 having a frustoconical shape that tapers from its first opening 124 to a second opening 125, see also Paragraph 0032).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the body comprise a frustoconical and/or tapering overall shape, as such a tapered shape by reduce the overall profile of the device and therefore making it more lightweight, and having a tapered shape may also aide in the securement of the various accessories intended to couple to each end of the port.
Regarding claim 17, Godwin teaches the apparatus of claim 13 further teaching wherein the first coupler includes a generally cylindrical portion of an inner (outlet port 24 comprises a generally cylindrical portion that inner port connects to endo tube 50, Figures 3a/3b) wherein the inner surface operably connects to a connector of an endotracheal tube using a friction fit between the first coupler and the connector (the first outlet 24 and the endotracheal tube 50 may be coupled via a friction fit, Paragraph 0037).
However, Godwin doesn’t explicitly state the inner surface of the body with a slight taper.
However, Nye teaches an apparatus configured to couple to an endotracheal tube and comprising a body (adapter 120 configured to couple to an endotracheal tube 110, Figure 1 and Paragraph 0025, Abstract) wherein the body comprises an inner surface with a slight taper (see Figures 4-5 showing adapter 120 having a frustoconical shape that tapers from its first opening 124 to a second opening 125, see also Paragraph 0032).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the body comprise a frustoconical and/or tapering overall shape, as such a tapered shape by reduce the overall profile of the device and therefore making it more lightweight, and having a tapered shape may also aide in the securement of the various accessories intended to couple to each end of the port.
Regarding claim 24, Godwin teaches the apparatus of claim 20, further teaching wherein the second coupler is a generally cylindrical portion of an outer surface of the body, wherein the outer surface operably connects to a connecting portion of a PEEP valve using a friction fit between the second coupler and the connecting portion (port 160 may comprise portions configured to mate with corresponding portions of a PEEP valve 120 removably attached to port 160, port 160 is cylindrical Paragraph 0040 and Figure 5).
However, Godwin doesn’t explicitly state the outer surface of the body with a slight taper.
However, Nye teaches an apparatus configured to couple to an endotracheal tube and comprising a body (adapter 120 configured to couple to an endotracheal tube 110, Figure 1 and Paragraph 0025, Abstract) wherein the body comprises an inner surface with a slight taper (see Figures 4-5 showing adapter 120 having a frustoconical shape that tapers from its first opening 124 to a second opening 125, see also Paragraph 0032).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the body comprise a frustoconical and/or tapering overall shape, as such a tapered shape by reduce the overall profile of the device and therefore making it more lightweight, and having a tapered shape may also aide in the securement of the various accessories intended to couple to each end of the port.
Claims 10-12, 18-19 and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Godwin (US 2015/0352303 A1) in view of Fortune et al. (5,507,279).
Regarding claim 10, Godwin teaches the apparatus of claim 1, however is silent on a kit comprising the apparatus of claim 1 sterilized and contained within a sterile package.
However, Fortune teaches a kit comprising an endotracheal tube apparatus (kit 10, Figure 8, Abstract) such that the kit is sterilized and contained within a sterile package (the kit 10 is preferably sterilized and packaged in a sterile container 120 in a manner known in the art, Figure 8 and Col. 7 lines 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the apparatus contained in a sterilized kit, as taught by Fortune, as packaging the device in a sterilized container may prevent infections, and the process of sterilizing medical components prior to use is well-known with medical devices intended to contact the user.
Regarding claim 11, Fortune further teaches and further comprising a sterilized endotracheal tube (see endotracheal tube 86 within the sterilized container kit 120, Figure 8).
Regarding claim 12, Fortune further teaches and further comprising a sterilized PEEP valve (the kit 10 is preferably sterilized and packaged in a sterile container 120 in a manner known in the art, Figure 8 and Col. 7 lines 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the PEEP valve be sterilized, as taught by Fortune, as packaging the device in a sterilized container may prevent infections, and the process of sterilizing medical components prior to use is well-known with medical devices intended to contact the user.
Regarding claim 18, Godwin teaches the apparatus of claim 13, however is silent on a kit comprising the apparatus of claim 1 sterilized and contained within a sterile package.
However, Fortune teaches a kit comprising an endotracheal tube apparatus (kit 10, Figure 8, Abstract) such that the kit is sterilized and contained within a sterile package (the kit 10 is preferably sterilized and packaged in a sterile container 120 in a manner known in the art, Figure 8 and Col. 7 lines 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the apparatus contained in a sterilized kit, as taught by Fortune, as packaging the device in a sterilized container may prevent infections, and the process of sterilizing medical components prior to use is well-known with medical devices intended to contact the user.
Regarding claim 19, Fortune further teaches and further comprising a sterilized endotracheal tube (see endotracheal tube 86 within the sterilized container kit 120, Figure 8).
Regarding claim 25, Godwin teaches the apparatus of claim 20, however is silent on a kit comprising the apparatus of claim 1 sterilized and contained within a sterile package.
However, Fortune teaches a kit comprising an endotracheal tube apparatus (kit 10, Figure 8, Abstract) such that the kit is sterilized and contained within a sterile package (the kit 10 is preferably sterilized and packaged in a sterile container 120 in a manner known in the art, Figure 8 and Col. 7 lines 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the apparatus contained in a sterilized kit, as taught by Fortune, as packaging the device in a sterilized container may prevent infections, and the process of sterilizing medical components prior to use is well-known with medical devices intended to contact the user.
Regarding claim 26, Fortune further teaches and further comprising a sterilized PEEP valve (the kit 10 is preferably sterilized and packaged in a sterile container 120 in a manner known in the art, Figure 8 and Col. 7 lines 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Godwin’s apparatus by having the PEEP valve be sterilized, as taught by Fortune, as packaging the device in a sterilized container may prevent infections, and the process of sterilizing medical components prior to use is well-known with medical devices intended to contact the user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Mansi (US 2019/0134338 A1) and Geraghty (US 10,010,690 B1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached on (571)-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785
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