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 Objections
Claim 10 is objected to because of the following informalities:
Claim 10 recites the limitation “the adhesive” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Appropriate correction is required.
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) 13, 15-19 and 21-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Geppert et al. (US 2020/0179671 A1).
Regarding claim 13, Geppert teaches a disposable adapter (figure 5, could be disposed off after use) for use in an enteral feeding pump system (figure 1) having first (see “ft” in figure 5 below) and second (see “st” in figure 5 below) feeding tubes, the disposable adapter comprising:
a body (body of the structure shown in figure 5), including
a U-shaped portion (taking a longitudinal cross-section to split the structure shown in figure 5 into half as shown in figure 5 would result in having a U-shaped portion) having a lower end (see “LE” in figure 5 below) with first (exterior side not visible in figure 5) and second (interior side visible in figure 5) sides and an upper end (see “FE” in figure 5 below) with first (exterior side not visible in figure 5 and side where element 104 is connected) and second (interior side visible in figure 5) sides,
first 152 and second 154 input ports formed in the lower end and each configured to receive a portion of the first (see “ft” in figure 5 below) and second (see “st” in figure 5 below) tubes therein (if the diameter and length of “ft” and “st” are chosen of appropriate size then elements 152 and 154 would be able to receive the tubes), respectively; and
an output port (see “OP” in figure 5 below) in communication with the first 152 and second 154 input ports; and
a tube guide 104 rotatably (paragraph 0023, lines 2-4) connected to the first side (exterior side not visible in figure 5) of the upper end and configured to secure the first and second tubes (as shown in figure 5, element 104 is configured to secure the first and second feeding tubes) within the body.
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Regarding claim 15, Geppert teaches wherein the tube guide 104 includes first (an end of element 104 located opposite and most distant from element 106) and second (an end of element 104 at element 106) ends, and first 230 (C-shape section formed to receive the tube) and second 232 (C-shape section formed to receive the tube) C-shaped tube-receiving members positioned between the first and second ends and configured to receive and secure the first (see “ft” in figure 5 above) and second (see “st” in figure 5 above) tubes therein, respectively.
Regarding claim 16, Geppert teaches wherein the first C-shaped tube-receiving member includes a first protrusion (see “fp” in figure 7 below) configured to engage the first tube (see “ft” in figure 5 above), and wherein the second C-shaped tube-receiving member includes a second protrusion (see “sp” in figure 7 below) configured to engage the second tube (see “st” in figure 5 above).
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Regarding claim 17, Geppert teaches wherein the tube guide 104 includes a central wall 210 common to the first and second C-shaped tube-receiving members.
Regarding claim 18, Geppert teaches wherein the central wall is Y-shaped (see “Y-shaped” in figure 4 below, element 218 in figure 8 is at an angle with respect to element 210 thereby forming a Y structure as shown in figure 4 below).
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Regarding claim 19, Geppert teaches wherein the central wall includes a third protrusion (see “tp” in figure 7 above) opposite the first protrusion and configured to engage the first feeding tube (see “ft” in figure 5 above), and a fourth protrusion (see “ftp” in figure 7 above) opposite the second protrusion and configured to engage the second tube (see “st” in figure 5 above).
Regarding figure 21, Geppert discloses wherein the disposable adapter is configured to position the first and second input ports in relation with a receiver, the receiver having a central shaft with an eccentric bearing such that at least a portion of the central shaft is received by and with the disposable adapter, the receiver configured to receive the disposable adapter with the central shaft positioned between the first and second input ports while the eccentric bearing is in a first position in which neither of the first and second input ports is compressed; and wherein the eccentric bearing is moveable between the first position, a second position rotated 90 degrees clockwise from the first position in which the eccentric bearing compresses the first input port therein to prevent flow therethrough, and a third position rotated 90 degrees counterclockwise from the first position in which the eccentric bearing compresses the second input port therein to prevent flow therethrough (the structure of the receiver is not positively recited as a part of claimed invention and the disposable adapter is configured to operate with a receiver that was claimed).
Regarding claim 22, Geppert teaches an adapter (figure 5) having first (see “ft” in figure 5 above) and second (see “st” in figure 5 above) tubes, the adapter comprising:
a body (body of the structure shown in figure 5), including
a U-shaped portion (taking a longitudinal cross-section to split the structure shown in figure 5 into half as shown in figure 5 would result in having a U-shaped portion) having a lower end (see “LE” in figure 5 above) with first (exterior side not visible in figure 5) and second (interior side visible in figure 5) sides and an upper end (see “FE” in figure 5 above) with first (exterior side not visible in figure 5 and side where element 104 is connected) and second (interior side visible in figure 5) sides,
first 152 and second 154 input ports formed in the lower end and each configured to receive a portion of the first (see “ft” in figure 5 above) and second (see “st” in figure 5 above) tubes therein (if the diameter and length of “ft” and “st” are chosen of appropriate size then elements 152 and 154 would be able to receive the tubes), respectively; and
an output port (see “OP” in figure 5 above) in communication with the first 152 and second 154 input ports; and
a tube guide 104 rotatably (paragraph 0023, lines 2-4) connected to the first side (exterior side not visible in figure 5) of the upper end and configured to secure the first and second tubes (as shown in figure 5, element 104 is configured to secure the first and second feeding tubes) within the body, the tube guide 104 including first (an end of element 104 located opposite and most distant from element 106) and second (an end of element 104 at element 106) ends, and first 230 (C-shape section formed to receive the tube) and second 232 (C-shape section formed to receive the tube) C-shaped tube-receiving members positioned between the first and second ends and configured to receive and secure the first (see “ft” in figure 5 above) and second (see “st” in figure 5 above) tubes therein, respectively;
wherein the first C-shaped tube-receiving member includes a first protrusion (see “fp” in figure 7 above) configured to engage the first tube (see “ft” in figure 5 above), and
wherein the second C-shaped tube-receiving member includes a second protrusion (see “sp” in figure 7 above) configured to engage the second tube (see “st” in figure 5 above); and
wherein the central wall includes a third protrusion (see “tp” in figure 7 above) opposite the first protrusion and configured to engage the first tube (see “ft” in figure 5 above), and a fourth protrusion (see “ftp” in figure 7 above) opposite the second protrusion and configured to engage the second tube (see “st” in figure 5 above).
Regarding figure 23, Geppert discloses wherein the adapter is disposable (structure shown in figure 5 could be disposed after its use).
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.
Claims 1 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hoffstetter (US 2020/0000682 A1).
Regarding claim 1, Hoffstetter discloses a valve assembly (figure 8, pipes used for feeding and flushing described in paragraph 0108, lines 11-15 excluding elements 824, 826 and any components inside element 800 that operates elements 824, 826, 814 and 806) for an enteral feeding pump system 800, comprising:
a twin port adapter (adapter formed by elements including elements 384, 832, 802, 804, 818, 812, pipes used for feeding and flushing described in paragraph 0108, lines 11-15 and the front portion of element 800 allowing insertion of elements 802, 804, 832, 834, 806, 812 and 818) having first and second feeding tubes (paragraph 0108, lines 13-15), the twin port adapter having a body (body of integrated structure formed by elements 834, 832, 802, 804, 818, 812, pipes used for feeding and flushing described in paragraph 0108, lines 11-15 and the front portion of element 800 allowing insertion of elements 802, 804, 832, 834, 806, 812 and 818), including first 802 and second 804 input ports each configured to receive a portion of the first and second feeding tubes therein (paragraph 0108, lines 11-15), respectively; and an output port 818 in communication with the first 802 and second 804 input ports; and a feeding tube guide 814 rotatably connected to the body and configured to secure the first and second feeding tubes (the feeding tube could be inserted after removing elements 802, 804) within the body;
the twin port adapter configured to position the first and second input ports in relation with a receiver (a portion in element 800 that receives elements 832, 834, 802, 804, 806, 812, 814, 818), the receiver having a central shaft (see “S” in figure 6 below, the embodiment of figure 6 is used because figure 6 shows closer view and the difference between embodiment of figure 6 and figure 8 is inclusion of element 822 in figure 8 however, element 806 is same as element 606 in figure 6) with an eccentric bearing 806 such that at least a portion of the central shaft (see “S” in figure 6 below) is received by and within the twin port adapter, the receiver configured to receive the twin port adapter with the central shaft (see “S” in figure 6 below) positioned between the first 802 and second 804 input ports while the eccentric bearing is in a first position (position where none of elements 802 and 804 are compressed as discussed in paragraph 0201, lines 11-13) in which neither of the first and second input ports is compressed; and
wherein the eccentric bearing 806 is moveable between the first position, a second position (paragraph 0099, lines 3-6, position where element 802 is compressed, reference is made to a different embodiment however, embodiment shown in figure 8 also operates in the same manner) in which the eccentric bearing compresses the first input port 802 therein to prevent flow therethrough but is silent regarding wherein a second position rotated 90 degrees clockwise from the first position and the eccentric bearing is configured to be actuated by a motor within the enteral feeding pump system.
However, Pedrazzi teaches a design of a dialysis machine comprising an eccentric bearing 44 (figure 3) moveable between a second position (position where element 44 rotates towards element 40 to compress element 26) rotated 90 degrees clockwise from the first position (position shown in figure 3) and wherein the eccentric bearing 44 is configured to be actuated by a motor 46 within the system for the purpose of using a well known alternative design to control the flow through two input ports (paragraph 0034, figure 3).
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Therefore, it would have been prima facie obvious to one of ordinary skill in the art to modify the movement of eccentric bearing of Hoffstetter to incorporate a second position rotated 90 degrees clockwise from the first position and wherein the eccentric bearing is configured to be actuated by a motor within the system as taught by Pedrazzi for the purpose of using a well-known alternative design to control the flow through two input ports (paragraph 0034, figure 3).
Regarding claim 12, Hoffstetter discloses wherein the twin port adapter (adapter formed by elements including elements 834, 832, 802, 804, 818, 812, pipes used for feeding and flushing described in paragraph 0108, lines 11-15 and the front portion of element 800 allowing insertion of elements 802, 804, 832, 834, 806, 812 and 818) is disposable (the twin port adapter could be disposed off after using).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hoffstetter (US 2020/0000682 A1) in view of Pedrazzi (EP 1604699 A2) and further in view of Croll et al. (US 2013/0277443 A1).
Regarding claim 9 Hoffstetter/Pedrazzi (hereinafter referred as “modified Hoffstetter”) discloses the claimed invention substantially as claimed, as set forth above in claim 1. Modified Hoffstetter is silent regarding wherein the portions of the first and second feeding tubes are bonded to the first and second input ports respectively, with an adhesive.
However, Croll teaches a design of a fluid atomizer (figure 1) comprising bonding tubular components (figure 4) together using adhesive (paragraph 0038, lines 8-11) for the purpose of creating a fluid resistant connection between the two tubes (paragraph 0038, lines 8-11).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify the connection between the first and second feeding tubes and the first and second input ports of modified Hoffstetter to incorporate wherein the portions of the first and second feeding tubes are bonded to the first and second input ports respectively, with an adhesive as taught by Croll for the purpose of creating a fluid resistant connection between the two tubes (paragraph 0038, lines 8-11).
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Geppert et al. (US 2020/0179671 A1) in view of Utterberg (US 5,385,372).
Regarding claim 14, Geppert discloses the claimed invention substantially as claimed, as set forth above in claim 13. Geppert further discloses wherein the feeding tube guide 104 is rotatably attached to the first side of the upper end of the body by a hinge 106, whereby the feeding tube guide 106 is moveable from an opened position (position shown in figure 4) to a closed position (position shown in figure 5). Geppert is silent regarding a hinge being a living hinge.
However, Utterberg teaches a design of a luer connector (figure 2) wherein the hinge is a living hinge 44 for the purpose of using a well-known alternative hinge mechanism to move the feeding tube guide (column 4, lines 24-28).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to replace the hinge of Geppert to incorporate a living hinge as taught by Utterberg for the purpose of using a well-known alternative hinge mechanism to move the feeding tube guide (column 4, lines 24-28).
Allowable Subject Matter
Claims 2-8, 10, 11 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The closest prior art of record, Hoffstetter (US 2020/0000682 A1) in view of Pedrazzi (EP 1604699 A2), is silent regarding wherein a portion of the twin port adapter body is U-shaped and includes a lower end having first and second sides, and an upper end having first and second sides, and wherein the feeding tube guide is rotatably attached to the first side of the upper end in combination with other claimed limitations of claim 2.
Claims 3-8 and 10 being dependent on claim 2 are also indicated allowable.
The closest prior art of record, Hoffstetter (US 2020/0000682 A1) in view of Pedrazzi (EP 1604699 A2), is silent regarding further comprising a first check ball proximate the first input port, and a second check ball proximate the second input port, wherein the first and second check balls are configured as a check ball valve that acts to block fluid from moving in either direction within the first and second input ports and feeding tubes in combination with other claimed limitations of claim 11.
The closest prior art of record, Geppert et al. (US 2020/0179671 A1), is silent regarding further comprising a first check ball proximate the first input port, and a second check ball proximate the second input port, wherein the first and second check balls are configured as a check ball valve that acts to block fluid from moving in either direction within the first and second input ports and feeding tubes in combination with other claimed limitations of claim 20.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NILAY J SHAH whose telephone number is (571)272-9689. The examiner can normally be reached Monday-Thursday 8:00 AM-4:30 PM EST.
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/NILAY J SHAH/Primary Examiner, Art Unit 3783