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 .
Election/Restrictions
Applicant’s election of species 1a (the first embodiment of Figure 3) in the reply filed on 03/23/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Applicant contends that claims 1-5, 10, and 13-20 read on the elected species (see Remarks and Amended claim set filed 03/26/2026). The Examiner respectfully disagrees and asserts that claim 19, like withdrawn claim 6, is directed to unelected species 1c (the third embodiment of Figure 5). Accordingly, claims 6-9, 11 and 19 are withdrawn from consideration. Claims 1-20 are presently pending in the application, with claims 6-9, 11 and 19 withdrawn from consideration. Claims 1-5, 10, 12-18 and 20 are examined below.
Drawings
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, the “gas cartridge” and the “second valve” to open the irrigation feed line 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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 1-5, 10, 13-18 and 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.
Independent claim 1 recites “a fluid chamber”, “the pressurized fluid chamber”, and “the fluid chamber”. It is not clear whether “the pressurized fluid chamber” and “the fluid chamber” are the same or different chambers. Appropriate correction is required. For purposes of examination, “the pressurized fluid chamber” interpreted to be the same as “the fluid chamber”.
Independent claim 14 recites, in pertinent part, a fluid container, comprising a fluid chamber in fluid communication with a first fluid outlet supplying fluid to the lens wash feed line and a second fluid outlet supplying fluid to the fluid container (emphasis added). It is not clear how the second fluid outlet supplies fluid back to the fluid container. Furthermore, claim 15, which depends from independent claim 14, recites a first valve actuated by a user to open the lens wash feed line and a second valve actuated by a user to open the irrigation feed line. The location of the supply of the water for to the irrigation feed line is unclear, as independent claim 14 only recites supplying fluid to the lens wash feed line from the fluid container. It does not recite supplying fluid to the irrigation feed line from the fluid container. Accordingly, the claim is rendered indefinite. Appropriate correction is required. For purposes of examination, a second fluid outlet supplying fluid to the fluid container is interpreted as a second fluid outlet supplying fluid to the irrigation feed line.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-5, 10, 13-14, 16-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pollok et al. (US 2022/0192478 A1) in view of Sanchez (US 2017/0274143 A1)
Regarding claim 1, Pollock discloses a fluid container (Figs.1 and 11B) for a medical device, comprising: a fluid chamber (1120b/1122; Fig. 11B; par. [0117] and [0121]) in fluid communication with a first fluid outlet (1145c; Fig. 11B; par. [0118] and [0121]) and a second fluid outlet (1119; Fig. 11B; par. [0120]-[0121]); and a gas tube (1140c; Fig. 11B; par. [0121]) in contact with the pressurized fluid chamber (1120B/1122; Fig. 11B), the gas tube receiving gas to apply pressure to the fluid chamber in order to maintain fluid pressure within the fluid chamber (par. [0121] and [0074]).
However, Pollock does not specifically disclose that the fluid container is multi-chambered such that it comprises a gas chamber in mechanical contact with the fluid chamber. Sanchez teaches an analogous fluid container (Fig. 5) comprising both a fluid chamber (202; par. [0020]; Fig. 5) and a gas chamber (204; par. [0020]; Fig. 5) in mechanical contact with the fluid chamber (par. [0021]-[0022] and [0038]). Sanchez teaches that by using the gas chamber (204; Fig. 5) with its tapered or wedge-shape consistent pressure application can be provided to the fluid chamber (202; par. [0027]). It would have been obvious to one having ordinary skill in the art to modify the fluid container of Pollock to provide a chamber for each of the fluid and gas in mechanical contact with each other, as taught by Sanchez, in order to provide consistent pressure application to the fluid chamber when dispensing fluid from the selected fluid outlet.
Regarding claim 2, Pollock in view of Sanchez disclose the fluid container of claim 1, wherein the fluid chamber (1120b/1122; Sanchez - 202) is a bag comprising a flexible material such that the bag decreases in volume as fluid flows out of the first and second fluid outlets (Sanchez - par. [0034] and [0038]; Fig. 3B).
Regarding claim 3, Pollock in view of Sanchez disclose the fluid container of claim 1, wherein the gas chamber (Sanchez – 204) is a bag comprising a flexible material such that the bag increases in volume as the gas chamber receives gas to apply pressure to the fluid chamber (Sanchez - par. [0034] and [0038]; Fig. 3B).
Regarding claim 4, Pollock in view of Sanchez disclose the fluid container of claim 1, comprising a pole mount (1171a/1171b; Fig. 11B; par. [0124]) suitable for hanging the container on a conventional pole for an intravenous fluid supply bag.
Regarding claim 5, Pollock in view of Sanchez disclose the fluid container of claim 1, wherein the gas chamber (Sanchez – 204) is in fluid communication with a gas cartridge (Sanchez – par. [0031]).
Regarding claim 10, Pollock in view of Sanchez disclose the fluid container of claim 1, further comprising an air pump (215; par. [0073]) in fluid communication with the gas chamber (Sanchez – 204).
Regarding claim 13, Pollock in view of Sanchez disclose the fluid container of claim 1, wherein the fluid chamber contains saline (Sanchez – par. [0015]).
Regarding claim 14, Pollock discloses an endoscopic surgical device (Figs. 1 and 2), comprising: an endoscopic probe (100; par. [0067]) having a lens wash feed line (245b; par. [0070]) and an irrigation feed line (255b; par. [0070]); and a fluid container (Figs.1 and 11B), comprising: a fluid chamber (1120b/1122; Fig. 11B; par. [0117] and [0121]) in fluid communication with a first fluid outlet (1145c; Fig. 11B; par. [0118] and [0121]) supplying fluid to the lens wash feed line (245b) and a second fluid outlet (1119; Fig. 11B; par. [0120]-[0121]) supplying fluid to the fluid container (interpreted as irrigation feed line, see above; 255b); and a gas tube (1140c; Fig. 11B; par. [0121]) in contact with the pressurized fluid chamber (1120B/1122; Fig. 11B), the gas tube receiving gas to apply pressure to the fluid chamber in order to maintain fluid pressure within the fluid chamber (par. [0121] and [0074]).
However, Pollock does not specifically disclose that the fluid container is multi-chambered such that it comprises a gas chamber in mechanical contact with the fluid chamber. Sanchez teaches an analogous fluid container (Fig. 5) comprising both a fluid chamber (202; par. [0020]; Fig. 5) and a gas chamber (204; par. [0020]; Fig. 5) in mechanical contact with the fluid chamber (par. [0021]-[0022] and [0038]). Sanchez teaches that by using the gas chamber (204; Fig. 5) with its tapered or wedge-shape consistent pressure application can be provided to the fluid chamber (202; par. [0027]). It would have been obvious to one having ordinary skill in the art to modify the fluid container of Pollock to provide a chamber for each of the fluid and gas in mechanical contact with each other, as taught by Sanchez, in order to provide consistent pressure application to the fluid chamber when dispensing fluid from the selected fluid outlet.
Regarding claim 16, Pollock in view of Sanchez disclose the device of claim 14, wherein the fluid chamber (1120b/1122; Sanchez - 202) is a bag comprising a flexible material such that the bag decreases in volume as fluid flows out of the first and second fluid outlets (Sanchez - par. [0034] and [0038]; Fig. 3B).
Regarding claim 17, Pollock in view of Sanchez disclose the device of claim 14, wherein the gas chamber (Sanchez – 204) is a bag comprising a flexible material such that the bag increases in volume as the gas chamber receives gas to apply pressure to the fluid chamber (Sanchez - par. [0034] and [0038]; Fig. 3B).
Regarding claim 18, Pollock in view of Sanchez disclose the device of claim 14, wherein the gas chamber (Sanchez – 204) is in fluid communication with a gas cartridge (Sanchez – par. [0031]).
Regarding claim 20, Pollock in view of Sanchez disclose the device of claim 14, further comprising an air pump (215; par. [0073]) in fluid communication with the gas chamber (Sanchez – 204).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pollock in view of Sanchez as applied to claim 14 above, and further in view of Blitzer et al. (US 2017/0325790 A1).
Regarding claim 15, Pollock in view of Sanchez disclose the device of claim 14, further comprising a first valve (140; par. [0069] and [0072]-[0073]) actuated by a user to open the lens wash feed line (245b; par. [0069]-[0070]). Although, Pollock discloses an irrigation feed line (255b; par. [0070]), it does not specifically disclose how the irrigation feed line is opened, such that it does not specifically disclose that it is opened by a second valve. Blitzer teaches an analogous endoscopic surgical device having a combined irrigation/suction valve (116; par. [0126]; Fig. 8) that can provide irrigation or suction to the target area. It would have been obvious to one having ordinary skill in the art to modify the suction valve (145; par. [0069]) of Pollock to be a combined irrigation/suction valve, as taught by Blitzer, in order to provide a second valve on the handle of the endoscopic device that can selectively open the irrigation feed line or the suction feed line, thereby making operation of the gas and fluid functions easier for the operator as the first and second valves are both located on the handle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ota et al. US 2003/0032862 A1 Liquid and Gas Supply Apparatus…
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/RYNAE E BOLER/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
4/5/26
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