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
Claims 11-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/20/2026.
Applicant’s election without traverse of group I, claims 1-10 and 20 in the reply filed on 01/20/2026 is acknowledged.
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) 1-10 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kellner (US 2017/0303964).
Regarding claim 1, Kellner discloses a surgical smoke filtering device, comprising: an annular collar defining a longitudinally-extending central passageway configured to be placed over an incision (view figure 1 with central passageway defined by channel 50); a plurality of apertures (perforations 56) disposed through an inner surface of the annular collar and configured to receive surgical smoke therethrough; a first electrode (negative charge plate 47) disposed within a first annular channel defined by the annular collar, the first electrode having a first electrical charge; and a second electrode (positively charged collection plate 62) disposed within a second annular channel defined by the annular collar and having a second electrical charge opposite the first electrical charge, the first and second electrodes configured to generate an airflow to draw the surgical smoke through the annular collar for filtering particulates from the surgical smoke [Para 0015-0018].
Regarding claim 2, Kellner discloses the surgical smoke filtering device according to claim 1, wherein the first and second electrodes are annular (view figure 1; [Para 0015-0018]).
Regarding claim 3, Kellner discloses the surgical smoke filtering device according to claim 1, wherein the annular collar is configured to be coupled to an access device, the access device configured to be at least partially inserted through the incision (view figure 1; [Para 0015-0018]).
Regarding claim 4, Kellner discloses the surgical smoke filtering device according to claim 1, wherein the first and second electrodes coaxially surround the longitudinally-extending central passageway (view figure 1; [Para 0015-0018]).
Regarding claim 5, Kellner discloses the surgical smoke filtering device according to claim 1, wherein the first annular channel is in fluid communication with the plurality of apertures disposed through the inner surface of the annular collar (view figure 1; [Para 0015-0018]).
Regarding claim 6, Kellner discloses the surgical smoke filtering device according to claim 1, wherein the first annular channel is in fluid communication with the second annular channel (view figure 1; [Para 0015-0018]).
Regarding claim 7, Kellner discloses the surgical smoke filtering device according to claim 1, wherein the first electrode is negatively charged, and the second electrode is positively charged (view figure 1; [Para 0015-0018]).
Regarding claim 8, Kellner discloses the surgical smoke filtering device according to claim 7, wherein the first electrode is configured to apply a negative charge to the particulates contained within the surgical smoke, and the particulates negatively charged by the first electrode are configured to attach to the positively charged second electrode (view figure 1; [Para 0015-0018]).
Regarding claim 9, Kellner discloses the surgical smoke filtering device according to claim 1, wherein the annular collar includes an outlet configured to operably couple to a source of suction (view figure 1; [Para 0019]).
Regarding claim 10, Kellner discloses the surgical smoke filtering device according to claim 1, wherein the first and second annular channels coaxially surround the longitudinally-extending central passageway (view figure 1; [Para 0015-0018]).
Regarding claim 20, Kellner discloses a surgical smoke filtering device, comprising: an annular collar defining a longitudinally-extending central passageway configured to be placed over an incision (view figure 1 with central passageway defined by channel 50); a plurality of apertures (perforations 56) disposed through a surface of the annular collar and configured to receive surgical smoke therethrough; a first electrode (negative charge plate 47) disposed within the annular collar and coaxially surrounding the longitudinally-extending central passageway; and a second electrode (positively charged collection plate 62) disposed within the annular collar and coaxially surrounding the longitudinally-extending central passageway, the first and second electrodes configured to cause particulates contained within the surgical smoke to attach to one of the first or second electrodes to filter the particulates from the surgical smoke (view figure 1 and [Para 0015-0018]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Worrell (US 2015/0080876), Fleenor (US2016/0278874) both disclose smoke evacuation devices.
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/A.L.Z/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
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