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 7/2/2025 . As directed by the amendment: claim(s) 49-59, 62-68 has/have been amended, claim(s) 60-61 have been cancelled, and claim(s) 69-70 have been added. Thus, claims 49-59 and 62-70 are presently pending in this application.
Response to Arguments
Applicant’s amendments to the claims resolved the preceding office action’s stated objections and 112 rejections.
Applicant’s arguments with respect to the present amendments to the independent claim(s) reciting a diaphragm pump among other related diaphragm pump 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.
Claim 49, 53-59, 62-63, and 66-70 are rejected under 35 U.S.C. 103 as being unpatentable over US 20120165610 A1, henceforth written as Poll, in view of WO 9117780 A1, henceforth written as Kamen.
Regarding Claim 49,
Poll discloses:
A gas recirculation system for use in a laparoscopic surgical procedure, the gas recirculation system comprising:
( invention of fig 39)
an active filtration unit positioned along a recirculation circuit, the active filtration unit comprising:
(paragraph 143; system 200; fig 39)
a filtration portion comprising a filter positioned to remove smoke from a gases flow through the recirculation circuit,
(paragraph 127-129+151; filter 216; fig 39)
and a [pump]
(claimed pump comprises at least driver 206 and set 204; fig 39)
comprising a drive portion
(air conditioning driver 206; fig 39)
and a flow generator portion,
(air conditioning set 204 including the gas conveying turbine 214; fig 39)
the flow generator portion being removable from the drive portion,
(paragraph 143-146; set 204 is removable from driver 206; fig 39)
the flow generator portion comprising: an inlet configured to be fluidly connected with a body cavity of a patient by a first tube section; an outlet configured to be fluidly connected with the body cavity of the patient by a second tube section;
(fig 39 demonstrates that set 204's respective inlet and outlet fluidically couple to a patient's body cavity via tubes leading to assembly 10 and access device 202)
a chamber connected to the inlet and the outlet; and --
(chamber (not enumerated) housing turbine 214; fig 39)
Poll discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
and a 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 configured to be fluidly connected with a body cavity of a patient by a first tube section; an outlet configured to be fluidly connected with the body cavity of the patient by a second tube section; 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 Kamen teaches a diaphragm valve pump system comprising:
a diaphragm compressor comprising
(invention of fig 8)
a drive portion and
(control unit 125; fig 8)
a flow generator portion,
(housing unit 124; fig 8)
the flow generator portion being removable from the drive portion,
(page 12; unit 124 disconnects from unit 125 such that unit 124 may be disposed of; fig 8)
the flow generator portion comprising: an inlet configured to be fluidly connected with -- a first tube section;
(input 61a connecting to chamber 2 and to further tubing (not enumerated/illustrated) via protrusion 121; fig 8)
an outlet configured to be fluidly connected with -- a second tube section;
(output 62b connecting to chamber 2 and to further tubing (not enumerated/illustrated) via protrusion 122; 8)
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,
(membrane sheet 91 divides chamber 2 into indentations 71 and 101; fig 8, demonstrating the nature by which membrane sheet 91 is couped to unit 125)
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.
(page 12 line 8 to page 13 line 14; aspects of membrane sheet 91 are moved to govern flow through valve A and valve B, and therein chamber 2, and does not permit media which travels from input 61a to output 62b to pass through membrane sheet 91 and directly contact control housing unit 125; fig 8)
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 turbine fan 214 disclosed by Poll with the diaphragm compressor taught by Kamen, such that Kamen’s control unit housing 125 is incorporated in Poll’s driver 206 to mate with Kamen’s housing 124 which replaces the turbine fan 214 of Poll, in order to advantageously arrive at an invention with a disposable mechanically advantaged pump which can simultaneously measure a flow of media and pump said media, see page 2 line 20-26, page 6 line 34 to page 7 line 9, and page 12 line 8 to page 13 line 14 of Kamen.
Regarding claim 53, the modified device of Poll in view of Kamen discloses:
The gas recirculation system of Claim 49, wherein the flow generator portion comprises a disposable cartridge.
Examiner notes that in light of the modification made in claim 49 above, the claimed flow generator portion can decouple from the claimed drive portion such that the former is functionally capable of being disposed of. Fig 39 of Poll demonstrating separability of the claim elements.
Regarding claim 54, Poll discloses:
The gas recirculation system of Claim 49, further comprising a condensate management unit configured to reduce condensation in the gases flow.
(dehumidfying unit 218; fig 39)
Regarding claim 55, Poll discloses:
The gas recirculation system of Claim 54, wherein the condensate management unit is positioned in a housing of the active filtration unit.
(paragraph 130; dehumidfying unit 218 within canister 212 of set 204; fig 39)
Regarding claim 56, Poll discloses:
The gas recirculation system of Claim 54, wherein the condensate management unit is positioned along the first tube section.
(fig 39)
Regarding claim 57, Poll discloses:
The gas recirculation system of Claim 54, wherein the condensate management unit comprises an absorbent material.
(paragraph 152; dehumidifying unit 218 contains desiccant materials)
Regarding claim 58, Poll discloses:
The gas recirculation system of Claim 49, wherein the filter comprises one of a mechanical filter, a chemical filter, or an electrostatic filter.
(paragraph 151 detailing filter 216 may comprises a ULPA or HEPA filtration material which can remove particles and chemical toxins)
Regarding claim 59, Poll discloses:
The gas recirculation system of Claim 49, wherein the filter is physically or mechanically decoupled from a housing of the active filtration unit.
(filter 216 can separate from housing 220 of driver 206; fig 39)
Regarding claim 62, Poll 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 retaining moisture in the gases flow.
(paragraph 151-152; filter 216 removes smoke/particulate from gas, and dehumidifying unit 218 provides an gas flow with a moisture content of 25 parts per million per volume)
Regarding claim 63, Poll 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.
(paragraph 151-152+159; filter 216 removes smoke/particulate from gas and conditioned gas is reused)
Regarding Claim 66
Poll discloses:
An active filtration unit for use in a surgical recirculation circuit, the active filtration unit comprising:
(paragraph 143; system 200; fig 39)
a filtration portion comprising a filter positioned to remove smoke from a gases flow through the surgical recirculation circuit; and
(paragraph 127-129+151; filter 216; fig 39)
a pump comprising
(claimed pump comprises at least driver 206 and set 204, including its turbine 214; fig 39
a drive portion and
(air conditioning driver 206; fig 39)
a flow generator portion, the flow generator portion including an inlet, an outlet, --
(fig 39 demonstrates that set 204's respective inlet and outlet fluidically couple to a patient's body cavity via tubes leading to assembly 10 and access device 202)
-- wherein the filtration portion is positioned in a flow path defined between the inlet and the outlet
(fig 39)
and wherein the flow generator portion is removable from the drive portion.
(paragraph 143-145; fig 39)
Poll discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
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,
However Kamen teaches a diaphragm valve pump system comprising:
a diaphragm pump,
(invention of fig 8)
where the diaphragm is configured to create a pressure differential between the inlet and the outlet; the diaphragm configured to isolate the drive portion from the gases flow,
(page 12 line 8 to page 13 line 14; aspects of membrane sheet 91 are moved to govern flow through valve A and valve B, and therein chamber 2, and does not permit media which travels from input 61a to output 62b to pass through membrane sheet 91 and directly contact control housing unit 125; fig 8)
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 turbine fan 214 disclosed by Poll with the diaphragm compressor taught by Kamen, such that Kamen’s control unit housing 125 is incorporated in Poll’s driver 206 to mate with Kamen’s housing 124 which replaces the turbine fan 214 of Poll, in order to advantageously arrive at an invention with a disposable mechanically advantaged pump which can simultaneously measure a flow of media and pump said media, see page 2 line 20-26, page 6 line 34 to page 7 line 9, and page 12 line 8 to page 13 line 14 of Kamen.
Regarding Claim 67,
Poll discloses:
A pump for use in a laparoscopic surgical procedure, the pump comprising:
(claimed pump comprises at least driver 206 and set 204, inclusive of turbine 214; fig 39)
a drive portion configured to be reusable and
(paragraph 8+32+144; air conditioning driver 206; fig 39)
a flow generator portion removable from the drive portion,
(paragraph 143-146; set 204 is removable from driver 206; fig 39)
the flow generator portion comprising an inlet; an outlet, a gases flow path defined between the inlet and the outlet; --
(fig 39 demonstrates that set 204's respective inlet and outlet fluidically couple to a patient's body cavity via tubes leading to assembly 10 and access device 202)
Poll discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
the flow generator portion comprising an inlet; an outlet, a gases flow path defined between the inlet and the outlet; and a diaphragm positioned between the drive portion and the flow generator portion, the diaphragm separating the drive portion from the gases flow path.
However Kamen teaches a diaphragm valve pump system comprising:
a drive portion configured to be reusable and
(reusable control unit 125; fig 8)
a flow generator portion removable from the drive portion,
(page 12; unit 124 disconnects from unit 125 such that unit 124 may be disposed of; fig 8)
the flow generator portion comprising an inlet; an outlet, a gases flow path defined between the inlet and the outlet; and a diaphragm positioned between the drive portion and the flow generator portion, the diaphragm separating the drive portion from the gases flow path.
(page 12 line 8 to page 13 line 14; aspects of membrane sheet 91 are moved to govern flow through valve A and valve B, and therein chamber 2, and does not permit media which travels from input 61a to output 62b to pass through membrane sheet 91 and directly contact control housing unit 125; fig 8)
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 turbine fan 214 disclosed by Poll with the diaphragm compressor taught by Kamen, such that Kamen’s control unit housing 125 is incorporated in Poll’s driver 206 to mate with Kamen’s housing 124 which replaces the turbine fan 214 of Poll, in order to advantageously arrive at an invention with a disposable mechanically advantaged pump which can simultaneously measure a flow of media and pump said media, see page 2 line 20-26, page 6 line 34 to page 7 line 9, and page 12 line 8 to page 13 line 14 of Kamen.
Regarding Claim 68,
Poll discloses:
A method of removing surgical smoke from a body cavity of a patient during laparoscopic surgery, the method comprising: providing a recirculation circuit with
( invention of fig 39)
an active filtration unit,
(paragraph 143; system 200; fig 39)
the active filtration unit comprising a filtration portion that removes smoke from a gases flow through the recirculation circuit,
(paragraph 127-129+151; filter 216; fig 39)
and a pump
(claimed pump comprises at least driver 206 and set 204, inclusive of turbine 214; fig 39)
with a drive portion and
(air conditioning driver 206; fig 39)
a flow generator portion,
(air conditioning set 204 including the gas conveying turbine 214; fig 39)
the flow generator portion having an inlet, an outlet,--
(fig 39 demonstrates that set 204's respective inlet and outlet fluidically couple to a patient's body cavity via tubes leading to assembly 10 and access device 202)
--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 147; gas from the insufflated area is returned to the insufflated area, assisting in the clearing the endoscopes lens; fig 39)
Poll discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
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 Kamen teaches a diaphragm valve pump system comprising:
a pump comprising
(invention of fig 8)
a drive portion and
(control unit 125; fig 8)
a flow generator portion,
(housing unit 124; fig 8)
the flow generator portion having an inlet,
(input 61a connecting to chamber 2 and to further tubing (not enumerated/illustrated) via protrusion 121; fig 8)
an outlet,
(output 62b connecting to chamber 2 and to further tubing (not enumerated/illustrated) via protrusion 122; fig 8)
and a diaphragm,
(membrane sheet 91 divides chamber 2 into indentations 71 and 101; fig 8,
the diaphragm configured to create a pressure differential between the inlet and the outlet and to isolate the drive portion from the gases flow;
(page 12 line 8 to page 13 line 14; aspects of membrane sheet 91 are moved to govern flow through valve A and valve B, and therein chamber 2, and does not permit media which travels from input 61a to output 62b to pass through membrane sheet 91 and directly contact control housing unit 125; fig 8)
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 turbine fan 214 disclosed by Poll with the diaphragm compressor taught by Kamen, such that Kamen’s control unit housing 125 is incorporated in Poll’s driver 206 to mate with Kamen’s housing 124 which replaces the turbine fan 214 of Poll, in order to advantageously arrive at an invention with a disposable mechanically advantaged pump which can simultaneously measure a flow of media and pump said media, see page 2 line 20-26, page 6 line 34 to page 7 line 9, and page 12 line 8 to page 13 line 14 of Kamen.
Regarding claim 69, Poll discloses:
The method of Claim 68, wherein humidity and temperature of the gases taken from the patient are retained and recirculated back to the patient.
(paragraph 147+152; gas with a moisture content of 25 parts per million by volume, and at some temperature, is returned to the insufflated body cavity; fig 39)
Regarding claim 70, the modified device of Poll in view of Kamen discloses/teaches:
The gas recirculation system of Claim 49, wherein the active filtration unit further comprises a housing comprising a housing inlet and a housing outlet,
Poll: (fig 39 illustrates an inlet and outlet to the housing (not enumerated) of system 200)
the housing inlet in fluid communication with the inlet of the diaphragm compressor and the housing outlet in fluid communication with the outlet of the diaphragm compressor,
Examiner notes that in light of the combination made in claim 49 above, the inlet to the system 200 disclosed by Poll is in fluidic communication with input 61a of Kamen and the outlet to the system 200 disclosed by Poll is in fluidic communication with output 62b of Kamen.
wherein the housing inlet is configured to be coupled to the first tube section and
Poll: (system 200 is fluidically coupled at its inlet to a tubing leading to trocar 202; fig 39)
the housing outlet is configured to be coupled to the second tube section.
Poll: (system 200 is fluidically coupled at its inlet to a tubing leading to assembly 10; fig 39)
Claims 50-52 and 64-65 are rejected under 35 U.S.C. 103 as being unpatentable over Poll in view of Kamen, as applied to claims above, in view of US 20030028139 A1, henceforth written as Inoue.
Regarding Claim 50,
The modified device of Poll in view of Kamen discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Poll in view of Kamen 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 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 Poll 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 Poll in view of Kamen discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Poll in view of Kamen 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 Poll 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 Poll in view of Kamen discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Poll in view of Kamen 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 Poll 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 Poll in view of Kamen discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Poll in view of Kamen 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 Poll 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 Poll in view of Kamen 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)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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 BLAKE DIPERT/ Examiner, Art Unit 3783
/MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783
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