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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The term “de-energizes” or “energizes” is not found in the specification.
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.
Claim 1-13 and 15-18 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.
Applicant has not defined the term “de-energizes” as such its ordinary meaning applies.
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) 1-2, 4-6, 10-13, 15-16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wolff et el. US 2002/0087131 A1.
Regarding claim 1, Wolff discloses a fluid collection system (abstract) comprising:
a fluid collection device (27, fig 1a and 5) configured to collect fluid discharged from a user (fig 1a and [0045]);
a fluid collection container (1- container and 2- bag, [0027]) configured to receive the fluid from the fluid collection device (fig 1a and claim 1); and
a pump (not shown, claim 1 and [0022]) in fluid communication with the fluid collection container configured to pull an at least partial vacuum on an interior region of the fluid collection container effective to draw fluid from a fluid collection device into the fluid collection container [0022] which pulls a partial or set vacuum on the container to allow the fluid to the flow into the device); and
a drainage tube (6, fig 1a) configured to be coupled to the fluid collection container, wherein the pump de-energizes when the drainage tube is coupled to the fluid collection container (the pump turns off when the drainage tube is connected to the container and the set vacuum is reached);
wherein the fluid collection container is either a reusable container or a disposable container (container 1 implies reusability, the bag 2 is disposable [0027]); and wherein at least the pump and the disposable container are sized and dimensioned to be disposed within a portable carrying case ([0034] and [0037] notes both capacity systems can be portable and [0037] specifically notes the smaller capacity system can be placed in a case).
Regarding claim 2, Wolff discloses wherein the portable carrying case includes a sound dampening material, wherein at least the pump is disposed within the sound dampening material [0043] which notes a sound proofing system).
Regarding claim 4, Wolff discloses wherein the reusable container includes a capacity from about 1000mL to about 2000mL ([0027] which discloses a 1.5-2.5L capacity).
Regarding claim 5, Wolff discloses wherein the disposable container includes a capacity from about 100mL to about 500mL ([0035] which disclose a 300-600ml capacity).
Regarding claim 6, Wolff discloses the reusable container and the disposable container are rectangular (fig 1b).
Regarding claim 10, Wolff discloses further comprising an odor filter including at least one of an activated carbon filter or a gas filter ([0027] a filter to prevent passage of bacteria into the outside air).
Regarding claim 11, Wolff discloses a portable fluid collection system (abstract) comprising:
a fluid collection device (27, fig 1a and 5) configured to be positioned at least proximate to a urethra of a user (fig 1a and [0045]);
a first tube in fluid communication with the fluid collection device (see tube between element 27 and 10 in fig 1a);
a fluid collection container (1- container and 2- bag, [0027]) including a rectangular shape (fig 1b);
a pump (not shown, claim 1 and [0022]) in fluid communication with the fluid collection container configured to pull an at least partial vacuum on an interior region of the fluid collection container effective to draw fluid from a fluid collection device into the fluid collection container [0022] which pulls a partial or set vacuum on the container to allow the fluid to the flow into the device);
a power supply operatively coupled to the pump (battery, [0039]);and
a drainage tube (6, fig 1a) configured to be coupled to the fluid collection container, wherein the pump de-energizes when the drainage tube is coupled to the fluid collection container (the pump turns off when the drainage tube is connected to the container and the set vacuum is reached).
Regarding claim 12, Wolff discloses wherein the fluid collection system is sized and dimensioned to be disposed within a portable carrying case ([0034] and [0037] notes both capacity systems can be portable and [0037] specifically notes the smaller capacity system can be placed in a case).
Regarding claim 13, Wolff discloses wherein the drainage tube includes a valve that opens to drain the fluid collection container ([0023]).
Regarding claim 15, Wolff discloses further comprising a lid for the fluid collection container, the lid including a dispensing spout and a vent ([0024]).
Regarding claim 16, Wolff discloses wherein the fluid collection system includes one or more odor filters configured to at least partially filter or neutralize an odor of the fluid ([0027] a filter to prevent passage of bacteria into the outside air).
Regarding claim 18, Wolff discloses wherein the portable carrying case includes one or more compartments sized and dimensioned to hold at least the drainage tube when the drainage tube is not coupled to the fluid collection container ([0038] has the device in a bag and the device as whole include the tubing).
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.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wolff et el. US 2002/0087131 A1 in view of Pucci US 4645275.
Regarding claim 3, Wolff fails to disclose wherein the sound dampening material includes a foam material configured to dampen operational sound of at least the pump.
Pucci solves a similar problem as the instant claims the need for sound reduction with portable devices. Pucci teaches lining the cover for a portable device with foam dampens the sound (Col 1 lines 45-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have used a specific material such as foam taught by Pucci as Wolff generically teaches adding a sound reduction material.
Claim(s) 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wolff et el. US 2002/0087131 A1 in view of Easter US 2004/0143229 A1.
Regarding claim 7, Wolff fails to disclose wherein the pump includes a peristaltic pump.
Wolff discloses the use of any suitable pump in [0022] and that the pump is portable and able to attached to the wheelchair [0034].
Regarding claim 8, Wolff fails to disclose wherein the peristaltic pump includes a roller portion configured to compress a tube, wherein the roller portion is coupled to a wheel axle of a wheelchair.
Regarding claim 9, Wolff fails to disclose wherein the peristaltic pump includes a first roller portion operatively coupled to a wheel axle of a wheelchair and a second roller portion operatively coupled to an electric motor, wherein the first roller portion and the second roller portion are configured to rotate independently.
Regarding claims 7-9:
Easter teaches an external urine relief system (abstract) thereby being in the same field of endeavor as the instant claims and prior art. Easter teaches a peristaltic pump is one of the oldest known pumps that operate using a series independent rollers to compress the tubing as needed to move the fluid ([0059-0060]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have substituted a peristaltic pump with rollers as taught by Easter with the generic pump of Wolff as both pumps would be expected to create a vacuum and draw fluid from the urine collection device thereby creating a reasonable expectation of success.
Claim(s) 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wolff et el. US 2002/0087131 A1 in view of Thomas US 2009/0283982.
Regarding claim 17, Wolff fails to disclose wherein the portable fluid collection system further includes an alternator coupled to a wheelchair wheel configured to charge the battery when the wheelchair wheel rotates.
However, Thomas discloses user-propelled wheeled vehicles (abstract; Figs. 1, 35-39), wherein an alternator (5, 55) is coupled to a wheelchair in order to charge a battery when a wheel rotates and produce power for many portable devices ([0058- 0069]; [0314]; [0322]; [0332]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system disclosed by Wolff to further include an alternator coupled to the wheelchair wheel, similar to that disclosed by Thomas, in order to utilize the rotation of the wheelchair wheels to produce the power needed for the portable device.
Regarding claim 19, Wolff discloses a method of assembling a fluid collection system (claim 9) comprising:
Positioning a fluid collection device (27, fig 1a and 5) at least proximate to a urethra of a user (fig 1a and [0045] and claim 9);
fluidly coupling the fluid collection device to a fluid collection container (1- container and 2- bag, [0027]) with a first tube (fig 1a and claim 1 and 9);
placing a pump in fluid communication with the fluid collection container configured to pull an at least partial vacuum on the interior region of the fluid collection container effective to draw fluid from the fluid collection device through the first tube into the fluid collection container ([0022] which pulls a partial or set vacuum on the container to allow the fluid to the flow into the device); placing at least the pump, a battery, and the fluid collection container within a portable carrying case ([0038]); and detachably coupling the portable carrying case to a wheelchair ([0037]).
Wolff fails to disclose energizing the pump with an alternator operatively coupled to an axle of the wheelchair.
However, Thomas discloses user-propelled wheeled vehicles (abstract; Figs. 1, 35-39), wherein an alternator (5, 55) is coupled to a wheelchair in order to charge a battery when a wheel rotates and produce power for many portable devices ([0058- 0069]; [0314]; [0322]; [0332]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system disclosed by Wolff to further include an alternator coupled to the wheelchair wheel, similar to that disclosed by Thomas, in order to utilize the rotation of the wheelchair wheels to produce the power needed for the portable device.
Regarding claim 20, Wolff discloses wherein the fluid collection container includes either a reusable container or a disposable container (container 1 implies reusability, the bag 2 is disposable [0027]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIELLA E BURNETTE whose telephone number is (571)272-9574. The examiner can normally be reached M-S: 0830-1900 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GABRIELLA E BURNETTE/Examiner, Art Unit 3781
/REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781
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