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 .
Response to Amendment
This office action is responsive to the amendment filed on 12/3/2025. As directed by the amendment: claim(s) 49 and 66-68 have been amended. Thus, claims 49-59 and 62-70 are presently pending in this application.
Response to Arguments
Applicant’s arguments with respect to the present amendments to the independent claim(s) reciting a diaphragm pump compressor configured to drive fluid flow through the active filtration unit among other related diaphragm pump compressor limitations have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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.
Claims 49, 53, 58-59, 62-63, 68-70 are rejected under 35 U.S.C. 103 as being unpatentable over US 20160158468 A1, henceforth written as Tang, in view of US 20150112246 A1, henceforth written as Palmerton.
Regarding Claim 49,
Tang discloses:
A gas recirculation system for use in a laparoscopic surgical procedure, the gas recirculation system comprising:
(system 200; fig 3)
an active filtration unit positioned along a recirculation circuit, the active filtration unit comprising:
(see examiner's annotation of Tang's fig 3, below, denoting the claimed active filtration unit and claimed recirculation circuit
a filtration portion comprising a filter positioned to remove smoke from a gases flow through the recirculation circuit
(see examiner's annotation of Tang's fig 3, below, denoting the claimed filtration portion, which comprises filter 223)
and a [pump] configured to drive fluid flow through the active filtration unit, --
(recirculation pump 212 has pressurization means which produce a pressure differential between its inlet and outlet to drive flow within the recirculation circuit toward dual lumen cannula 10; fig 3)
[an inlet of the pump] configured to be fluidly connected with a body cavity of a patient by a first tube section; [an outlet of the pump] configured to be fluidly connected with the body cavity of the patient by a second tube section; --
(see examiner's annotation of Tang's fig 3, below, denoting the claimed inlet and outlet of the pump 212 each in fluid connection with conduit 219, considered the claimed first tube section, and conduit 217, considered the claimed second tube section)
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Tang discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
and a diaphragm compressor configured to drive fluid flow through the active filtration unit, the diaphragm compressor comprising a drive portion and a flow generator portion,
the flow generator portion being removable from the drive portion,
the flow generator portion comprising: an inlet;
an outlet;
a chamber connected to the inlet and the outlet; and
a diaphragm positioned in the chamber and configured to be coupled to the drive portion,
wherein movement of the diaphragm causes gases to enter the chamber via the inlet and exit the chamber via the outlet, wherein the diaphragm prevents the drive portion from being exposed to the gases.
However Palmerton teaches an insufflator gas pump system:
and a diaphragm compressor configured to drive fluid flow through the active filtration unit, the diaphragm compressor comprising a drive portion and a flow generator portion,
(the claimed diaphragm compressor comprises pump assembly 303, considered the claimed drive portion, and main unit 300, considered the claimed flow generator portion; fig 12-13)
the flow generator portion being removable from the drive portion,
(paragraph 59; main unit 300 is removable from assembly 303, by the engagement of recess 380 receiving protuberance 370; fig 12-13
the flow generator portion comprising: an inlet
(inflow patient side port 333; fig 12-13)
an outlet;
(outflow patient side port 339; fig 12-13)
a chamber connected to the inlet and the outlet; and
(chamber 306; fig 12)
a diaphragm positioned in the chamber and configured to be coupled to the drive portion,
(diaphragm 309 is mechanically coupled to unit 300 via the rod 312 being linearly actuated by crank 315 which is directly mated to the wheel 321 and motor 324 of unit 300; fig 12-13)
wherein movement of the diaphragm causes gases to enter the chamber via the inlet and exit the chamber via the outlet,
(paragraph 59)
wherein the diaphragm prevents the drive portion from being exposed to the gases.
(fig 12-13 demonstrate the manner that unit 300 is prevented by diaphragm 309, and other elements of assembly 303, from contacting conveyed gases)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the pump disclosed by Tang with the multi-part diaphragm-type pump system taught by Palmerton, such that Palmerton’s ports 330 333 339 appropriately mate with Tang’s pressure sense outer lumen 20, Tang’s pump conduit inlet, and Tang’s pump conduit outlet respectively, in order to advantageously arrive at an insufflator with a pump which features further gas filtering means for improving insufflated gas quality by removing particulates from flow, features pressure sensing technology for determining a patient cavity pressure and executing a shut down protocol to protect a patient from injury, see paragraph 61 of Palmerton, and features a computational unit detachable from a single-patient-use filter pump to improve the reusability of certain components, see paragraph 59-60 of Palmerton.
Regarding claim 53, modified invention of Tang in view of Palmerton teaches:
The gas recirculation system of Claim 49, wherein the flow generator portion comprises a disposable cartridge.
Palmerton: (paragraph 59-60; assembly 303 is intended for single patient use and is disposable, thus can be considered a disposable cartridge)
Regarding claim 58, modified invention of Tang in view of Palmerton discloses:
The gas recirculation system of Claim 49, wherein the filter comprises one of a mechanical filter, a chemical filter, or an electrostatic filter.
Tang: (paragraph 29+35; filter 223 can be a type of filter disclosed in US 8088189 B2, which in light of col 10 line 20-25 of US 8088189 B2, demonstrates the filter 223 may comprise a mechanical radially pleated filter or a chemical carbon block filter)
Regarding claim 59, modified invention of Tang in view of Palmerton discloses:
The gas recirculation system of Claim 49, wherein the filter is physically or mechanically decoupled from a housing of the active filtration unit.
Tang: (paragraph 29+35; filter 223 can be a type of filter disclosed in US 8088189 B2, which in light of col 6 line 47-63, col 10 line 61 to col 11 line 3, and col 11 line 64 to col 12 line 8 of US 8088189 B2, demonstrates that Tang’s filter 223 has been formed as a system 300 from a cartridge assembly 100 mounting to, therein physically/mechanically coupling & decoupling, control unit 310, and further Tang’s filter 223 comprises a connector 50 for fluidically and physically/mechanically coupling & decoupling with with inlet/outlet ports of Tang’s conduit 219 and therein indirectly coupling/decoupling with the housing of Palmerton’s pump housing)
Regarding Claim 62,
The modified invention of Tang in view of Palmerton discloses all of the elements of the current invention which the present claim is dependent upon, as described above, including the following limitations of the present claim:
The gas recirculation system of Claim 49, wherein the active filtration unit is configured to remove smoke or debris from the gases flow
Tang: (paragraph 32+35: filter 223 removes smoke from gas flow)
Palmerton: (paragraph 4+59; filters 350 360)
However, Tang in view of Palmerton is silent regarding:
wherein the active filtration unit is configured to – [retain] moisture in the gases flow.
However, Palmerton teaches a further embodiment:
wherein the active filtration unit is configured to -- [retain] moisture in the gases flow.
(paragraph 41; heater/humidifier 103 is disposed in system 20, along an outflow line of system 20 downstream from pump 23 and upstream from outflow line unit side port 33a leading to filter cartridge 30, for warming and moisturizing the gas before it is returned to the cavity of the patient; fig 1)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the heater/humidifier teachings of Palmerton’s further embodiment into the modified invention, such that Palmerton’s heater/humidifier 103 is incorporated into Palmerton’s assembly 303 downstream of Palmerton’s chamber 306 and upstream of Palmerton’s filter 360, in order to advantageously arrive at invention which maintains a moisture of gas flow for delivery to a patient’s cavity for insufflation, see paragraph 41 of Palmerton.
Regarding claim 63, modified invention of Tang in view of Palmerton discloses:
The gas recirculation system of Claim 49, wherein the active filtration unit is configured to remove smoke or debris from the gases flow while enabling reuse of conditioned insufflation gases.
Tang: (paragraph 22+32+35; filter 223 removes smoke from the gases flow, therein conditioning the insufflation gases, which is recirculated back to a user’s pneumoperitoneum 116 for insufflation)
Regarding Claim 68,
Tang discloses:
A method of removing surgical smoke from a body cavity of a patient during laparoscopic surgery, the method comprising:
(paragraph 22-2335; smoke is removed from pneumoperitoneum 116 with system 200; fig 2-3)
providing a recirculation circuit with an active filtration unit,
(see examiner's annotation of Tang's fig 3, below, denoting the claimed active filtration unit and claimed recirculation circuit)
the active filtration unit comprising a filtration portion that removes smoke from a gases flow through the recirculation circuit,
(see examiner's annotation of Tang's fig 3, below, denoting the claimed filtration portion, which comprises filter 223)
and a pump that drives the gases flow through the recirculation circuit, --
(recirculation pump 212 has pressurization means which produce a pressure differential between its inlet and outlet to drive flow within the recirculation circuit toward dual lumen cannula 10; fig 3)
--and operating the active filtration unit to draw gases from the body cavity of the patient to the active filtration unit through the inlet and return the gases toward the body cavity of the patient through the outlet.
(paragraph 22-23+35)
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Tang discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
, wherein the pump comprises a drive portion and a flow generator portion, the flow generator portion having an inlet, an outlet, and a diaphragm,
the diaphragm configured to create a pressure differential between the inlet and the outlet and to isolate the drive portion from the gases flow;
However, Palmerton teaches an insufflator gas pump system comprising:
a pump that a drive portion and a flow generator portion,
(the system (not enumerated), considered the claimed pump, comprises pump assembly 303, considered the claimed drive portion, and main unit 300, considered the claimed flow generator portion; fig 12-13)
the flow generator portion having an inlet,
(inflow patient side port 333; fig 12-13)
an outlet,
(outflow patient side port 339; fig 12-13)
and a diaphragm, the diaphragm configured to create a pressure differential between the inlet and the outlet and to isolate the drive portion from the gases flow
(diaphragm 309 is mechanically coupled to unit 300 via the rod 312 being linearly actuated by crank 315 which is directly mated to the wheel 321 and motor 324 of unit 300, such that the reciprocal linear motion of diaphragm 309 produces a pressure differential between the claimed inlet and claimed outlet to drive flow; fig 12-13 demonstrating the manner that unit 300 is isolated by diaphragm 309, and other elements of assembly 303, from contacting conveyed gases)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to invention to substitute the pump disclosed by Tang with the multi-part diaphragm-type pump system taught by Palmerton, such that Palmerton’s ports 330 333 339 appropriately mate with Tang’s pressure sense outer lumen 20, Tang’s pump conduit inlet 219, and Tang’s pump conduit outlet 217 respectively, in order to advantageously arrive at an insufflator with a pump which features further gas filtering means for improving insufflated gas quality by removing particulates from flow, features pressure sensing technology for determining a patient cavity pressure and executing a shut down protocol to protect a patient from injury, see paragraph 61 of Palmerton, and features a computational unit detachable from a single-patient-use filter pump to improve the reusability of certain components, see paragraph 59-60 of Palmerton.
Regarding Claim 69,
The modified invention of Tang in view of Palmerton discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Tang in view of Palmerton is silent regarding:
wherein humidity and temperature of the gases taken from the patient are retained and recirculated back to the patient.
However, Palmerton teaches a further embodiment:
wherein humidity and temperature of the gases taken from the patient are retained and recirculated back to the patient.
(paragraph 41; heater/humidifier 103 is disposed in system 20, along an outflow line of system 20 downstream from pump 23 and upstream from outflow line unit side port 33a leading to filter cartridge 30, for warming and moisturizing the gas before it is returned to the cavity of the patient; fig 1)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the heater/humidifier teachings of Palmerton’s further embodiment into the modified invention, such that Palmerton’s heater/humidifier 103 is incorporated into Palmerton’s assembly 303 downstream of Palmerton’s chamber 306 and upstream of Palmerton’s filter 360, in order to advantageously arrive at invention which maintains a moisture and temperature of gas flow for delivery to a patient’s cavity for insufflation, see paragraph 41 of Palmerton.
Regarding claim 70, modified invention of Tang in view of Palmerton discloses:
The gas recirculation system of Claim 49, wherein the active filtration unit further comprises a housing
Tang: (paragraph 29+35; Tang’s filter 223 can be a type of filter disclosed in US 8088189 B2, which in light of col 2 line 4-15 & fig 1 of US 8088189 B2, comprises a filter cartridge 100 with a housing 10, considered the claimed housing of the claimed active filtration unit)
comprising a housing inlet and a housing outlet,
Tang: (paragraph 29+35; Tang’s filter 223 can be a type of filter disclosed in US 8088189 B2, which in light of col 6 line 16-35 col 7 line 17-27 & fig 1+3-4 of US 8088189 B2, comprises a filter cartridge 100 with a housing 10 having an inlet port 37 receiving air to be filtered, thus the claimed first housing inlet, and having outlet port 39 dispensing pressurized filtered air to recirculation pump, thus the claimed second housing inlet)
the housing inlet in fluid communication with the inlet of the diaphragm compressor and
Examiner notes in light of the modification of the prior art made in claim 49 above, Tang’s claimed housing inlet is considered in fluid communication with the inlet of the claimed diaphragm compressor of Palmerton as the claimed diaphragm compressor receives filtered gas via Tang’s conduit 219 from Tang’s filter 223.
the housing outlet in fluid communication with the outlet of the diaphragm compressor,
Examiner notes in light of the modification of the prior art made in claim 49 above, Tang’s claimed housing outlet is considered in fluid communication with the outlet of the claimed diaphragm compressor of Palmerton as the claimed diaphragm compressor receives filtered gas via Tang’s conduit 219 from Tang’s filter 223.
wherein the housing inlet is configured to be coupled to the first tube section and the housing outlet is configured to be coupled to the second tube section.
Tang: (Tang’s claimed housing outlet and Tang’s claimed housing inlet are both considered fluidically coupled with the claimed first tube section and second tube section in that they fluidically communicate the same recirculating insufflation gas from the pneumoperitoneum 116)
Claims 50-52 and 64-65 are rejected under 35 U.S.C. 103 as being unpatentable over Tang in view of Palmerton, as applied to claims above, in view of US 20030028139 A1, henceforth written as Inoue.
Regarding Claim 50,
The modified device of Tang in view of Palmertondiscloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Tang in view of Palmertonis silent regarding:
The gas recirculation system of Claim 49, wherein at least one of the first tube section or the second tube section comprises an insulated tube.
However, Inoue teaches a gas conveying tube:
wherein at least one of the first tube section or the second tube section comprises an insulated tube.
(paragraph 59-60; providing a insulated tube is preferable means for maintaining temperature of a gas for dispensing into a body cavity for preventing cooling and excess condensation while being conveyed in the tube)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to apply Inoue's insulated tube teachings to the tubing disclosed by Tang in order to advantageously arrive at an invention which inhibits excessive cooling and consequential condensate formation while conveying gas to a body cavity, see paragraph 59-60 of Inoue.
Regarding Claim 51,
The modified device of Tang in view of Palmerton discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Tang in view of Palmerton is silent regarding:
The gas recirculation system of Claim 49, wherein at least one of the first tube section or the second tube section comprises a heated tube, comprising a heating element configured to heat the gases flow through the heated tube.
However, Inoue teaches a gas conveying tube:
wherein at least one of the first tube section or the second tube section comprises a heated tube, comprising a heating element configured to heat the gases flow through the heated tube.
(paragraph 59-60; providing a heated tube, with corresponding heating element, is a preferable means for maintaining temperature of a gas for dispensing into a body cavity for preventing cooling and excess condensation while being conveyed in the tube)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to apply Inoue's heated tube teachings to the tubing disclosed by Tang in order to advantageously arrive at an invention which inhibits excessive cooling and consequential condensate formation while conveying gas to a body cavity, see paragraph 59-60 of Inoue.
Regarding Claim 52,
The modified device of Tang in view of Palmerton discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Tang in view of Palmerton is silent regarding:
The gas recirculation system of Claim 49, wherein at least one of the first tube section or the second tube section comprises an insulated and heated tube comprising at heating element configured to heat the gases flow through the insulated and heated tube.
However, Inoue teaches a gas conveying tube:
wherein at least one of the first tube section or the second tube section comprises a heated tube, comprising a heating element configured to heat the gases flow through the heated tube.
(paragraph 59-60; providing a heated and/or insulated tube are preferable means for maintaining temperature of a gas for dispensing into a body cavity for preventing cooling and excess condensation while being conveyed in the tube)
Examiner notes MPEP 2144.06(I) which provides that combining equivalents known for the same purpose is an obvious modification to form a composition to be used for the same purpose.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to apply Inoue's heated and insulated tube teachings to the tubing disclosed by Tang in order to advantageously arrive at an invention which inhibits excessive cooling and consequential condensate formation while conveying gas to a body cavity, see paragraph 59-60 of Inoue, and MPEP 2144.06(i).
Regarding Claim 64,
The modified device of Tang in view of Palmerton discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Tang in view of Palmerton is silent regarding:
The gas recirculation system of Claim 49, further comprising a humidifier to humidify the gases flow.
However, Inoue teaches a gas conveying tube:
further comprising a humidifier to humidify the gases flow.
(paragraph 45; heating and humidifying apparatus 1)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the humidifier apparatus taught by Inoue to the invention disclosed by Tang in order to advantageously arrive at an invention which provides a gas of an adequate temperature and humidity to inhibit unintended cooling and drying of the body cavity, see paragraph 5 of Inoue.
Regarding claim 65, the modified device of Tang in view of Palmerton and Inoue teaches:
The gas recirculation system of Claim 64, wherein the humidifier comprises a heating element
Inoue: (heater 5a; fig 1)
and a chamber for holding a liquid.
Inoue: (water conduit 4; fig 1)
Claims 54-57 are rejected under 35 U.S.C. 103 as being unpatentable over Tang in view of Palmerton, as applied to claims above, in view of US 20120165610 A1, henceforth written as Poll.
Regarding Claim 54,
Tang in view of Palmerton discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Tang in view of Palmerton is silent regarding:
comprising a condensate management unit configured to reduce condensation in the gases flow.
However, Poll teaches an insufflation system
comprising a condensate management unit configured to reduce condensation in the gases flow
(paragraph 130-133+148+152; dehumidifying unit 218 is disposed within a housing (not enumerated) with filter 216 to receive filtered gas flow from filter 216 and to adsorbing water vapor from the gases flow, therein reducing condensation; fig 39)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate Poll’s condensate management system into the active filtration unit disclosed by Tang, such that the Poll’s dehumidifying unit 218 is similarly disposed within a housing of Tang’s filter 223 for receiving filtered flow before conveying the gas flow to the remainder of the recirculation circuit, in order to advantageously arrive at an invention which collects moisture from a gas intended for recirculation and insufflation, see paragraph 148+152 of Poll.
Regarding claim 55, the modified invention of Tang in view of Palmerton and Poll teaches:
The gas recirculation system of Claim 54, wherein the condensate management unit is positioned in a housing of the active filtration unit.
Examiner notes that in light of the modification of Tang in view of Palmerton and Poll above, Poll’s dehumidifying unit 218 is disposed in a housing of filter 223, therein a housing of the active filtration unit.
Regarding claim 56, the modified invention of Tang in view of Palmerton and Poll teaches:
The gas recirculation system of Claim 54, wherein the condensate management unit is positioned along the first tube section.
Examiner notes that in light of the modification of Tang in view of Palmerton and Poll above, Poll’s dehumidifying unit 218 is disposed in a housing of filter 223, therein is disposed along the conduit 219.
Regarding claim 57, the modified invention of Tang in view of Palmerton and Poll teaches:
The gas recirculation system of Claim 54, wherein the condensate management unit comprises an absorbent material.
Poll: (paragraph 152; dehumidifying unit 218 contains desiccant materials having a high affinity for adsorbing water)
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 66-67 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20150112246 A1, henceforth written as Palmerton.
Regarding claim 66, Palmerton discloses:
An active filtration unit for use in a surgical recirculation circuit, the active filtration unit comprising:
(system (not enumerated) of the embodiment of fig 12-13, for use with an insufflation procedure involving introducing instruments into a patient, therein configured for use in a laparoscopic surgical procedure having a gas recirculation circuit; fig 3 illustrating the active filtration unit as comprising the system (not enumerated) of fig 12-13, represented in fig 3 as cartridge 30, which couples to line 119, considered an element of the active filtration unit as it fluidically couples to the system of the embodiment of fig 12-13)
a filtration portion comprising a filter positioned to remove smoke from a gases flow through the surgical recirculation circuit; and
(filter 350 360; fig 12-13)
a pump configured to drive fluid flow through the active filtration unit, the pump comprising a drive portion and a flow generator portion,
(the claimed pump comprises pump assembly 303, considered the claimed drive portion, and main unit 300, considered the claimed flow generator portion; fig 12-13)
the flow generator portion including an inlet,
(inflow patient side port 333; fig 12-13)
an outlet,
(outflow patient side port 339; fig 12-13)
and a diaphragm, the diaphragm configured to create a pressure differential between the inlet and the outlet; the diaphragm configured to isolate the drive portion from the gases flow,
(paragraph 59-60; diaphragm 309 is mechanically coupled to unit 300 via the rod 312 being linearly actuated by crank 315 which is directly mated to the wheel 321 and motor 324 of unit 300, such that the reciprocal linear motion of diaphragm 309 produces a pressure differential between the claimed inlet and claimed outlet to drive flow; fig 12-13 demonstrating the manner that unit 300 is isolated by diaphragm 309, and other elements of assembly 303, from contacting conveyed gases; fig 12-13)
wherein the filtration portion is positioned in a flow path defined between the inlet and the outlet
(fig 12-13 illustrate the manner that filters 350 360 are disposed in a flow path between the claimed inlet and claimed outlet)
and wherein the flow generator portion is removable from the drive portion.
(paragraph 59-60; unit 300 is detachable from assembly 303)
Regarding claim 67, Palmerton discloses:
A pump for use in a laparoscopic surgical procedure, the pump comprising:
(system (not enumerated) of the embodiment of fig 12-13, for use with an insufflation procedure involving introducing instruments into a patient, therein configured for use in a laparoscopic surgical procedure)
a drive portion configured to be reusable and
(paragraph 59-60; main unit 300, the claimed drive portion, is considered configured to be reusable in that its both capable of continuous use, therein continuous reuse of its pumping and pressure sensing functions, and further is detachable from pump filter assembly 303, such it is functionally capable of attaching to a secondary duplicate pump filter assembly 303 for re-use with a different patient/assembly 303; fig 12-13)
a flow generator portion removable from the drive portion,
(paragraph 59-60; pump filter assembly, the claimed flow generator portion, is detachable from main unit 300; fig 12-13)
the flow generator portion comprising an inlet;
(inflow patient side port 333; fig 12-13)
an outlet,
(outflow patient side port 339; fig 12-13)
a gases flow path defined between the inlet and the outlet; and
(fig 12-13 demonstrating the path gas follows from port 333 through chamber 306 and out through port 339)
a diaphragm positioned between the drive portion and the flow generator portion, the diaphragm separating the drive portion from the gases flow path, wherein movement of the diaphragm drives flow through the pump.
(paragraph 59-60; diaphragm 309 moves in a reciprocating linear motion to drive gas flow through chamber 306; fig 12 demonstrating diaphragm 309’s position between the claimed drive portion and claimed flow generator portion)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FORREST DIPERT whose telephone number is (703)756-1704. The examiner can normally be reached M-F 8:30am-5pm eastern.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached on (571) 270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FORREST B DIPERT/Examiner, Art Unit 3783 /MICHAEL J TSAI/ Supervisory Patent Examiner, Art Unit 3783
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