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.
Claims 1-20 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. It is unclear or ambiguous as to the metes and bounds of the claimed invention. Regarding claim 1, “a plurality of ports mounted to openings formed in the bronchi of the bronchial tree”. It is unclear whether a plurality of ports is in a “plurality of bronchi” or “the bronchi” (meaning one) and “a plurality of ports” or “the port”. This lacks antecedent basis as the Examiner is unclear as to if this is the same or different.
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.
(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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Fields et al. (U.S. Publication Number 2003/0228344).
Referring to claim 1, Fields et al. discloses a bronchial tree that includes a plurality of bronchi (Fig. 4); a plurality of ports mounted to openings formed in the bronchi of the
bronchial tree (Figs. 4); and a fluid reservoir connected to a port in the plurality of ports, wherein the port is positioned at a location on the bronchial tree at which bleeding is to be simulated, and wherein a fluid flows from the fluid reservoir into the bronchial tree to simulate the bleeding at the location (paragraph 0045).
Referring to claim 2, Fields et al. discloses further comprising a mannequin, wherein the bronchial tree includes a main opening that mounts to an airway opening on the mannequin (Fig. 11).
Referring to claim 3, Fields et al. discloses further comprising a universal connector mounted within the main opening of the bronchial tree, wherein the universal connector is configured to attach to mannequins having airway openings of varying size or shape (Figs. 20 & 21).
Referring to claim 4, Fields et al. discloses wherein the universal connector is made from rubber or silicon (Figs. 20 & 21).
Referring to claim 5, Fields et al. discloses wherein the plurality of ports includes a first port mounted to a first bronchi that corresponds to an upper lung region and a second port mounted to a second bronchi that corresponds to a lower lung region. (Fig. 4)
Referring to claim 6, Fields et al. discloses wherein the plurality of ports includes a third port mounted to a third bronchi that corresponds to a mid-lung region (Fig. 4).
Referring to claim 7, Fields et al. discloses wherein the plurality of ports includes a first port mounted a first bronchi that corresponds to a left lung region and a second port mounted to a second bronchi that corresponds to a right lung region .
Referring to claim 8, Fields et al. discloses, wherein the ports comprise female luer locks that mount directly to the openings formed in the bronchi (Fig. 5).
Referring to claim 9, Fields et al. discloses wherein the ports comprise pneumatic straight push connectors (Figs. 20 & 21).
Referring to claim 10, Fields et al. discloses further comprising material that covers at least a portion of an end of each pneumatic straight push connector, wherein a color of the material matches a color of the fluid (Figs. 20 & 21.
Referring to claim 11, Fields et al. discloses wherein the material comprises a portion of a balloon or paint (Fig. 7).
Referring to claim 12, Fields et al. discloses forming a plurality of openings on a bronchial tree that includes a plurality of bronchi, wherein the openings are formed in the bronchi, and wherein the openings are positioned at locations on the bronchial tree at which bleeding is to be simulated (Fig. 4); mounting a port to each opening in the plurality of openings (Fig. 4); and connecting a fluid reservoir to a port at a desired location of the bronchial tree such that a fluid flows from the fluid reservoir into the bronchial tree to simulate the bleeding at the given location (paragraph 0045).
Referring to claim 13, Fields et al. discloses further comprising mounting the bronchial tree to an airway opening on a mannequin (Figs. 11).
Referring to claim 14, Fields et al. discloses wherein the bronchial tree includes a main opening, and further comprising mounting a universal connector to the main opening, wherein the universal connector is sized and shaped to mount to the airway opening on the mannequin (Figs. 20 & 21).
Referring to claim 15, Fields et al. discloses wherein mounting the port to catch opening includes mounting a first port to a first bronchi that corresponds to an upper lung region and mounting a second port to a second bronchi that corresponds to a lower lung region (Fig. 11).
Referring to claim 16, Fields et al. discloses wherein mounting the port to each opening includes mounting a first port to a first bronchi that corresponds to a left lung region and mounting a second port to a second bronchi that corresponds to a right lung region (Fig. 11).
Referring to claim 17, Fields et al. discloses wherein the port mounted to each opening comprises a female lucr lock port (Fig. 11).
Referring to claim 18, Fields et al. discloses wherein the port mounted to each opening comprises a pneumatic straight push connector (Figs. 20 & 21).
Referring to claim 19, Fields et al. discloses further comprising mounting a material to cover at least a portion of an end of the pneumatic straight push connector, wherein a color of the material matches a color of the fluid (Figs. 20 & 21).
Referring to claim 20, Fields et al. discloses wherein the material comprises a portion of a balloon or paint (Fig. 11).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHA FRISBY whose telephone number is (571)272-8774. The examiner can normally be reached Monday-Friday 730AM-4PM.
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/KESHA FRISBY/Primary Examiner, Art Unit 3715