DETAILED ACTION
Primary Examiner acknowledges Claims 1-6 are pending in this application, as originally filed on May 7, 2024.
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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference character “24” has been used to designate “inlet port” and “input port” (Page 7, Last Paragraph). Appropriate correction is required.
Reference characters “22” and “12” have been used to designate “nose portion” (Page 5, Last Paragraph). Appropriate correction is required.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Reference character “23” as mentioned on Page 4, Last Paragraph; Page 5, 1st Full Paragraph and 2nd Full Paragraph; Page 6, 2nd Full in the original specification as filed does not correlate to any of the reference characters within the drawings. Appropriate correction is required.
Reference character “12” as mentioned on Page 5, Last Paragraph in the original specification as filed does not correlate to any of the reference characters within the drawings. Appropriate correction is required.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “said front port” of Claim 5, Line 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Reference character “24” has been used to designate “inlet port” and “input port” (Page 7, Last Paragraph). Appropriate correction is required.
Reference characters “22” and “12” have been used to designate “nose portion” (Page 5, Last Paragraph). Appropriate correction is required.
Reference character “23” as mentioned on Page 4, Last Paragraph; Page 5, 1st Full Paragraph and 2nd Full Paragraph; Page 6, 2nd Full in the original specification as filed does not correlate to any of the reference characters within the drawings. Appropriate correction is required.
Reference character “12” as mentioned on Page 5, Last Paragraph in the original specification as filed does not correlate to any of the reference characters within the drawings. Appropriate correction is required.
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 4-6 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.
Specifically, Claim 4, Line 18 recites the limitation “said adjustment assembly”; however, the breadth and scope of this limitation is unclear and this limitation appears to lack antecedent basis in the claims. Although the term “adjustment portion” is referenced in the claim listing, there is no recitation or support for the language of “adjustment assembly”. Consequently, Primary Examiner is unsure if Applicant is attempting to claim, the “adjustment portion” or some other limitation. Dependent claims 5 and 6 incorporate the indefinite subject matter from which they depend. Appropriate correction and clarification is required.
Specifically, Claim 5, Line 1 recites the limitation “said front port”; however, the breadth and scope of this limitation is unclear and this limitation appears to lack antecedent basis in the claims. Although the term “front end” is referenced through the claim listing, there is no recitation or support for the language of “front port”. Additionally, although the term “input port” is referenced throughout the claim listing, there is no recitation or support for the language of “front port”. Consequently, Primary Examiner is unsure if Applicant is attempting to claim, the “front end”, the “input port”, or some other limitation. Appropriate correction and clarification is required.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Rambosek et al. (3,915,165) in view of Cogley (2013/0252192).
As to Claim 1, Rambosek discloses a quick action oxygen muzzle (best seen Figures 1 and 2) for providing oxygen therapy (via 26, “Tube 22 connects the IPPB unit 20 with regulator 24 which regulates the pressure of the gas released from a source of compressed air such as an air or oxygen cylinder 26.” Column 4, Lines 1-15) to an animal (12, “animal 12” Column 3, Lines 65-70), comprising: a muzzle (30, “Breathing tube 28 connects the IPPB unit to the mask 30 which fits over the nose and mouth of animal 12 in a substantially air-tight fashion.” Column 4, Lines 1-15) comprising a nose portion (36, “In FIG. 2, mask 30 is comprised of a nose cap 36 formed from a high impact moldable plastic such as a polyolefin or ABS (acrylonitrile-butadiene-styrene).” Column 4, Line 15-35) that includes a front end (38, “Nose cap 36 contains an opening 38 which is fitted with an attachment for the breathing tube 28.” Column 4, Lines 30-55), a body portion (46, “The bag or snout section 46 is attached with an airtight seal to nose cap 36. Snout section 46 is made from a gas impermeable material which is flexible enough to allow for adjustment when fitting a variety of snout sizes.” Column 4, Lines 50-65) having a conical configuration (best seen Figures 1 and 2 with a tapered dimensional construction at a narrow location from the nose/snout to a wider location at the mandible/jaw of the animal) and that is coupled to and extends rearwardly from the front end (38), and an open end (48, “The open end of snout section 46 is fitted on the interior surface with a gasket 48 of closed cell foam which aids in forming a substantially air tight seal when the mask is tightened around the animal's snout.” Column 4, Lines 60-70) opposite the front end (38) that is configured for receiving a snout of the animal (“when the mask is tightened around the animal's snout”), the body portion (46) including a support section (defined by the material composition of 46) constructed of a material that is opaque (as shown in Figure 1, the construction of 46 blocks the anatomy of the animal in the region of 46 as the anatomy of the animal is shown in phantom), non-permeable (“Snout section 46 is made from a gas impermeable material which is flexible enough to allow for adjustment when fitting a variety of snout sizes.” Column 4, Lines 50-65), and flexible (“Snout section 46 is made from a gas impermeable material which is flexible enough to allow for adjustment when fitting a variety of snout sizes.” Column 4, Lines 50-65), an input port (defined by the engagement of 28 with the lumen of 38, “Nose cap 36 contains an opening 38 which is fitted with an attachment for the breathing tube 28.” Column 4, Lines 30-55) mounted to the front end (38) of the nose portion (36) that is in fluid communication with an interior area (40, “Nose frame 40 functions as a rigid, gas permeable abutment for the animal's nose to prevent the nose cap 36 from resting tightly against the animal's nose, in which position the flow of air to the animal's air passages might be prevented. Nose frame 40 insures therefore, that ample clearance is provided for the free flow of air to the animal's nose. Nose frame 40 also allows the same mask to be fitted onto animals of varying sizes by eliminating the risk that the nose of a smaller animal will become lodged tightly against the front of the mask. Nose frame 40 can be formed from any rigid, light-weight material such as molded plastic or aluminum strappings and the design can vary widely so long as large air openings are provided in its structure.” Column 4, Lines 30-55) defined by the nose portion (36); tubing (28, “Nose cap 36 contains an opening 38 which is fitted with an attachment for the breathing tube 28.” Column 4, Lines 30-55) having a proximal end operatively coupled to the input port (defined by the engagement of 28 with the lumen of 38) and having an elongate configuration for gaseous transmission (via 26, for oxygen delivery).
Yet, Rambosek does not expressly disclose the animal is a “canine”, “a pair of viewing windows fixedly coupled to the support section and situated opposite one another”, nor “a pair of vent ports coupled to said pair of viewing windows, respectively, each having a configuration through which oxygen is selectively expelled.”
Cogley teaches a quick action muzzle (Figures 1-4) positioned on a canine (“dog” Para 0028), wherein the muzzle (10, “The windowed muzzle system 10 of the present invention is for removable positioning over a face of a dog, retaining a jaw of the dog closed and selectively providing access to an oral cavity of the dog.” Para 0028) comprises a nose portion (defined by the region anterior to 20, as shown in Figures 1-2) including a front end (defined by the opening at the snout, as shown in Figures 1-2), a body portion (the combination of 18 and 20, “a lower section 18, an upper section 20” Para 0028) having a conical configuration (best seen Figures 1 and 2 with a tapered dimensional construction at a narrow location from the nose/snout to a wider location at the mandible/jaw of the animal) and that is coupled to and extends rearwardly from the front end (defined by the opening at the snout, as shown in Figures 1-2), and an open end (defined by the opening at the jaw attached to 22, “a rear section 22” Para 0028) opposite the front end (defined by the opening at the snout, as shown in Figures 1-2) that is configured for receiving a snout of the canine, the body portion (the combination of 18 and 20) including a support section (“The present invention utilizes a muzzle made of various essentially inextensible substances from leather to man-made synthetic fabrics. The fabric material, no matter what its form, will allow to it to conform over the animal's face and to have strength enough to keep the animal's jaw from opening and biting or harming the care giver.” Para 0037) constructed of a material (e.g. “leather”) that is opaque, non-permeable, and flexible, and a pair of viewing windows (50/52, “A left side window 50 is provided in the left side section. A similarly configured right side window 52 is provided in the right side section.” Para 0033) fixedly coupled (via 54/56, “A rectangular vertical strengthen strip 54, 56 extends vertically though each window dividing the window into two similarly configured openings.” Para 0033) to the support section (“made of various essentially inextensible substances from leather to man-made synthetic fabrics.”) and situated opposite (left side vs. right side) one another; and a pair of vent ports (58/60, “A left flap 58 in a rectangular configuration is provided. The left flap is sized to cover the left window. A similarly configured right flap 60 in a rectangular configuration is provided. The right flap is sized to cover the right window. The left flap has a free lower edge and an upper edge attached between the left lower free end of the upper section and the left upper edge of the left side section. The right flap has a free lower edge and an upper edge attached between the right lower free end of the upper section and the right upper edge of the right side section.” Para 0034) coupled (via “hook and loop fastener” Para 0035) to the pair of viewing windows (50/52), respectively, each having a configuration through which gas can be selectively expelled and “allow access by a care giver to the oral cavity of the dog wearing the system” (Para 0035).
The resultant effect of the modification of the muzzle of Rambosek to be utilized on a canine, include a pair of viewing windows, and further include a pair of vent ports, as taught by Cogley, enables the temporary access by the health care professional to monitor the health and safety of the animal – as the “oral cavity is a very good indicator of an animal's health.” (Para 0036). With such temporary access, “Security is also retained because the window or windows not being used are closed down … [thus creating a muzzle device that affords] protection from the biting or crushing teeth while at the same time optimizing the ability of a care giver to examine the oral cavity.” (Para 0038).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the oxygen muzzle of Rambosek to be utilized with a canine, as taught by Cogley to be a known animal in need of a muzzle during medical care, and to modify the support section of the body portion of the oxygen muzzle of Rambosek to include the pair of viewing windows and the pair of vent ports as taught by Cogley to provide temporary access to the oral cavity of the canine to visualize the canine’s health, whilst, protecting from bites.
As to Claim 2, the modified Rambosek, specifically Rambosek teaches the input port (defined by the engagement of 28 with the lumen of 38) is operable to transmit oxygen (via 26) from the tubing (28) to the interior area (40).
As to Claim 3, the modified Rambosek, specifically Rambosek teaches an adjustment portion (defined as the cooperative interaction of 50/51/52, “FIG. 2 illustrates broad belt loops 50 which are heat sealed to the exterior open end of snout section 46. A belt 51 is fitted through belt loops 50 and tightened by conventional belt or strap fastening means. The mask may have optionally a head strap 52 which fits over the back of the head of the animal to hold the mask in place over the snout.” Column 4, Line 60 thru Column 5, Line 15) that includes a head strap (52, “The mask may have optionally a head strap 52 which fits over the back of the head of the animal to hold the mask in place over the snout.” Column 4, Line 60 thru Column 5, Line 15) having opposed ends coupled to the body portion (46) adjacent opposite edges of the open end (48), respectively, such that the head strap (52) is operable to attach the muzzle (30) onto the snout of the canine when the at least one strap (52) is coupled about the neck of the canine.
As to Claim 4, please see the rejection of Claims 1 and 3, wherein Claim 1 addresses the general features of the oxygen muzzle and Claim 3 addresses the configuration of the adjustment portion including a head strap. Please see the rejection under 112(2/b) for the limitation of “adjustment assembly”.
As to Claim 5, please see the rejection of Claim 4 and 2, wherein Claim 4 addresses the general features of the oxygen muzzle and Claim 2 address the configuration to transmit oxygen into the interior area. Please see the rejection under 112(2/b) for the limitation of “front port”.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Rambosek et al. (3,915,165) in view of Cogley (2013/0252192), as applied to Claim 4, and further in view of Connelly (2021/0113317).
As to Claim 6, please see the rejection of Claim 4, wherein the modified Rambosek discloses the construction of a head strap (52). Yet, the modified Rambosek does not expressly disclose the material composition of the head strap to be “constructed using an elastic material”.
Connelly teaches a quick action oxygen muzzle (best seen Figures 1A-C and 4) for providing oxygen therapy (via 12, “The fluid supplied to the animal may be oxygen, a sedative or anesthesia, a combination of the above, or any other suitable gas which may be supplied from a tank, supply, or gas supply 12.” Para 0029) to a canine (“dog” as shown in Figure 4 Para 0062) including a muzzle (10, “FIG. 4 illustrates an example of the veterinary anesthesia induction cone assembly 10 in use on a dog” Para 0062) comprising a nose portion (26, “The chamber housing 20 may comprise a rim 24 at a first end 23 for receiving a snout of an animal and a second end 26 opposite the first end 23.” Para 0025) that includes a front end (28, “In some instances, the supply tube port 28 may be disposed at, and extend through, the second end 26 of the chamber housing 20, and be in-line with the first opening 23 in the chamber housing 20, as well as being in-line with the nose of the animal using the cone assembly 10.” Para 0029), a body portion (30, “The chamber sidewall 30 may connect, and extend between, the first end 22 of the chamber housing 20 and the second end 26 of the chamber housing 20.” Para 0029) having a conical configuration (best seen Figures 1A-1C and 4 with a tapered dimensional construction at a narrow location from the nose/snout to a wider location at the mandible/jaw of the animal) and that is coupled to and extends rearwardly from the front end (28), and an open end (23, “The chamber housing 20 may comprise a rim 24 at a first end 23 for receiving a snout of an animal and a second end 26 opposite the first end 23.” Para 0025) opposite the front end (28) that is configured for receiving a snout of the canine, an input port (defined by the engagement of 14 with the lumen of 28, “As such, the tube 14 may comprise a first end 14a for coupling to the gas supply 12, such as a tank or line, and a second end 14b of tube 14 for coupling to the veterinary anesthesia induction cone 10 or chamber housing 20, such as at a second opening or supply tube port or member 28.” Para 0029) mounted to the front end (28) of the nose portion (26) that is in fluid communication with an interior area (defined by the interior of 20) defined by the nose portion (26); tubing (14, “As such, the tube 14 may comprise a first end 14a for coupling to the gas supply 12, such as a tank or line, and a second end 14b of tube 14 for coupling to the veterinary anesthesia induction cone 10 or chamber housing 20, such as at a second opening or supply tube port or member 28.” Para 0029) having a proximal end (14b, “a second end 14b of tube 14 for coupling to the veterinary anesthesia induction cone 10” Para 0029) operatively coupled to the input port (defined by the engagement of 14 with the lumen of 28) and having an elongated configuration for gaseous transmission (via 12 for the administration of oxygen therapy).
Regarding the remaining limitations of the claims, Connelly teaches the muzzle (10) includes an adjustment portion (via 31/67, “Strap attachment structures 31 are shown on, in, or coupled to, opposing sides of an outer surface of the chamber housing 20, and configured to receive, or to be mateably coupled with, the strap attachment devices 67.” Para 0051) including a head strap (60, “The retaining strap 60 may be formed of one or more compliant, deformable, or elastic materials.” Para 0036). The resultant effect of the “elastic” construction of the head strap (60) is the ability to “comfortably, firmly, and releasably coupling the cone assembly 10 to the head of the animal using the cone assembly 10.” (Para 0035).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the head strap of the modified Rambosek, to include the material construction of an elastic material, as taught by Connelly to be a known material construction suitable to impart retainment of the muzzle upon the head of the canine.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wexler (6,227,148) discloses an additional quick action gas muzzle (best seen Figures 3-6, 15, and 16) for providing gas therapy (via 88) to a canine, including a muzzle (10), nose portion (the combination of 22/16/12/32) that includes a front end (32), a body portion (12/22) having a conical shape (shown in alternative embodiment of Figure 6), and an open end (18), the body portion (12/22) having a support section (22) and a pair of viewing windows (some of 14, alternating), an input port (connection of 88 at 32) directing gas to the interior area (inner perimeter of 12), tubing (88), and a pair of vent holes (others of 14, alternating), whereby the input port (connection of 88 at 32) transmits gas to the interior area (inner perimeter of 12), and further includes an adjustment portion (26) with head strap (24) to secure the muzzle (10) onto the neck of the canine.
Although Wexler does not expressly disclose the features of: 1) a positive recitation of oxygen, 2) the conical shape of the body in a single embodiment utilizing the input port, nor 3) the expressed recitation of the body being constructed of an opaque and nonpermeable material, each of these features are known in the field of endeavor. Thus, it would behoove Applicant to strongly consider this reference in their upcoming response to this Office Action to expedite prosecution of this application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNETTE F DIXON whose telephone number is (571)272-3392. The examiner can normally be reached M-F 9-5 EST with flexible hours.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra D Carter can be reached at 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785