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 .
Status of Claims
Claims 1-15 are pending and currently under consideration for patentability.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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 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.
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) 1-10 is rejected under 35 U.S.C. 103 as being unpatentable over Burnett (US 20200085378 A1) in view of Analytis (US 20190328945 A1).
Regarding Claim 1, Burnett teaches a detection device for coupling to a urine collection container without establishing fluid communication between the detection device (controller, 1018)(paragraph 0111 and the urine collection container (reservoir or cassette, 1022);, the detection device comprising:
a housing having an upper surface configured to mate with a lower surface of the urine collection container (figure 11-12);
a first ultrasound transducer (Ultrasound transducer interface, 1130) configured to measure a volume of a fluid disposed within the first compartment (paragraph 0111) of the urine collection container;
Burnett fails to explicitly disclose a second ultrasound transducer disposed near the upper surface of the housing separated from the first ultrasound transducer, the second ultrasound transducer configured to measure a second volume in a second compartment of the urine collection container separated from the first compartment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a second ultrasound transducer configured to measure a volume of a fluid disposed within the second compartment since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Furthermore, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). See MPEP 2144.
Burnett fails to teach an inversion sensor configured to detect an inversion event of the container.
In the same field of endeavor, namely fluid level detection, Analytis teaches various techniques and devices for detecting a level of fluid within a fluid collection receptacle (abstract) (figure 1) comprising an inversion sensor (sensor 115b) configured to detect an inversion event of the container (receptacle, 100) (An inversion sensor is defined as “An inversion sensor is a type of sensor that detects or measures a reversal or change in the normal orientation, order, or state of something it’s monitoring”, paragraph 0037: sensor 115 b may be useful in other situations, such as when fluid collection receptacle 100 is not level or a surface of the fluid contained within fluid collection receptacle 100 is not horizontal … fluid collection receptacle 100 may, in some situations, be implemented with an accelerometer to measure tilt angles). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the collection container of Burnett to include an inversion sensor similar to that disclosed by Analytis so that the tilt of the fluid collection receptacle to ensure measurement of liquid level, a volume, a flow rate, or other measurement (as motivated by paragraph 0037).
Regarding Claim 2, Burnett in view of Analytis teaches the fluid collection system according to claim 1. Burnett fails to teach an inversion sensor. Analytis teaches wherein the inversion sensor (115b) includes an accelerometer configured to measure a movement of the collection container in three-dimensional space (paragraph 0037). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the collection container of Burnett to include an inversion sensor similar to that disclosed by Analytis so that the tilt of the fluid collection receptacle to ensure measurement of liquid level, a volume, a flow rate, or other measurement (as motivated by paragraph 0037).
Regarding Claim 3, Burnett in view of Analytis teaches the system according to claim 1. Burnett fails to teach rotating the collection container to transfer the fluid from the first compartment to the second compartment. Analytis teaches wherein detecting an inversion event includes measuring one of a surface height of fluid, a tilt angle, or a movement of the container to determine one of: i) rotating the collection container through a frontal plane to transfer a fluid between the first compartment and the second compartment; or ii) rotating the collection container through a medial plane to transfer a fluid between the second compartment and a collection bag (paragraph 0039 and paragraph 0054). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the transfer of fluid of Burnett to include an inversion event similar to that disclosed by Analytis so that the tilt of the fluid collection receptacle to ensure measurement of liquid level, a volume, a flow rate, or other measurement (as motivated by paragraph 0037).
Regarding Claim 4, Burnett in view of Analytis teaches the fluid collection system according to claim 1. Burnett further teaches wherein the collection container (1022) further includes a transfer outlet (outflow valve, 1146) configured to provide fluid communication between the collection container (1022) and the collection bag (collection vessel, 1002).
Regarding Claim 5, Burnett in view of Analytis teaches the fluid collection system according to claim 12. Burnett further teaches wherein a volume of the first compartment (1022) is less than a volume of the second compartment (1020)(The size and volume of first compartment is clearly much smaller than the second in figure 10A).
Regarding Claim 6/7, Burnett in view of Analytis teaches the fluid collection system according to claim 1. Burnett further teaches, wherein the detection device (1018) is configured to determine a volume of fluid disposed in the first compartment by emitting a first signal from the first transducer and determining a height of a fluid surface by measuring a time-of-flight of a first signal reflection (paragraph 0186- 0187),
Burnett discloses the claimed invention except for a second ultrasound transducer configured to measure a volume of a fluid disposed within the second compartment. It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to add a second ultrasound transducer configured to measure a volume of a fluid disposed within the second compartment, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St.Regis Paper Co .v. BemisCo., 193 USPQ 8. This would be obvious as the ultrasound transducer would function the exact same way in both compartments.
Regarding Claim 8, Burnett in view of Analytis teaches the fluid collection system according to claim 1. Burnett fails to teach determining flow rate via an inversion event. Analytics teaches wherein the detection device (fluid collection receptacle, 100) is configured to determine a flow rate of fluid entering the collection container by measuring a change in volume of the first compartment, a change in volume of the second compartment, a tilt angle of the container, and an inversion event (paragraph 0037) . Analytis teaches various techniques and devices for detecting a level of fluid within a fluid collection receptacle (abstract) (figure 1) comprising an inversion sensor (sensor 115b) configured to detect an inversion event of the container (receptacle, 100) (paragraph 0037). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the collection container of Burnett to include an inversion sensor similar to that disclosed by Analytis so that the tilt of the fluid collection receptacle to ensure measurement of liquid level, a volume, a flow rate, or other measurement (as motivated by paragraph 0037).
Regarding Claim 9, Burnett in view of Analytis teaches the fluid collection system according to claim 1. Burnett further teaches wherein the detection device (Ultrasound transducer interface, 1130) is communicatively coupled with an external computing device (paragraph 0278).
Regarding Claim 10, Burnett in view of Analytis teaches the fluid collection system according to claim 8. Burnett further teaches wherein the external computing device includes one of an external monitor, laptop, computer, mobile device, smart phone, tablet, "wearable" electronic device, centralized network server, decentralized network server, a hospital intranet server, an Electronic Health Record ("EHR") system, a "cloud" based network server, or an internet server (paragraph 0278).
Regarding Claim 12, Burnett in view of Analytis teaches the fluid collection system according to claim 1. Burnett further teaches a handle (118) positioned opposite the upper surface of the housing, the handle configured for manipulating the housing (figure 10).
Regarding Claim 12, Burnett in view of Analytis teaches the fluid collection system according to claim 1. Burnett further teaches wherein the upper surface of the housing includes an elevated region, and wherein the second ultrasound transducer (1130)is positioned on the elevated region (figure. 10A).
Regarding Claim 13, Burnett in view of Analytis teaches the fluid collection system according to claim 1. Burnett further teaches further comprising a touchscreen display including a graphic user interface having selection buttons to access features selected from the group consisting of patient information, configuration settings, communication settings, synchronization events, date and time, battery life, alarms, notifications, and combinations thereof (paragraph [0114]).
Regarding Claim 14, Burnett in view of Analytis teaches the fluid collection system according to claim 13. Burnett further teaches, wherein the touchscreen display includes one or more charts depicting information detected by one or more sensors of the detection device (paragraph [0114]).
Regarding Claim 15, Burnett in view of Analytis teaches the fluid collection system according to claim 14. Burnett further teaches wherein the one or more charts include a body temperature chart configured to show a change in internal body temperature over time (paragraph [0014][0083]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATE ELIZABETH STRACHAN whose telephone number is (571)272-7291. The examiner can normally be reached M-F: 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached on (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is (571) 272-7159.
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/KATE ELIZABETH STRACHAN/Examiner, Art Unit 3781
/Adam Marcetich/Primary Examiner, Art Unit 3781
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