DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The preliminary Amendment filed 17 September 2024 has been entered and considered. Claims 3-4, 6, 9, and 11-16 have been amended. Claims 5, 8, and 17-19 have been cancelled. Claims 1-4, 6-7, 9-16, and 20-25 are all the claims pending in the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/17/2024 was considered by the examiner.
Claim Rejections - 35 USC § 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 and 2-4, 6-7, 9-16(all dependents thereof)) 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.
In Claim 1, “for an image be processed” is unclear and appears to be missing one or morse words.
“Configured to be imaged” is unclear. The last segment of the limitation states that there are two sides or faces to the insert, but as a whole this simply requires that the object can be imaged and has a real physical size. While the surfaces are “lateral to one another” this seems to describe any physical object that can be seen from opposite directions. It is unclear what is included or excluded from this limitation beyond “a physical object”.
Dependent claims inherit these issues and are likewise rejected.
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.
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.
Claims 1-4, 9-14, 20-22, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Satish et al. (U.S. Patent App. Pub No. 2015/0294461 A1, hereafter referred as Satish 2015) in view of Satish et al. (U.S. Patent App. Pub No. 2017/0184442 A1, hereafter referred as Satish 2017).
Regarding Claim 1:
Satish 2015 teaches an insert assembly for quantifying a blood component in medical waste disposed within a waste canister of a medical waste collection system (Satish 2015: Par. [0013]; a method 100 for estimating a quantity and a quality of a blood component in a canister), the insert assembly comprising: an insert comprising an imaging feature configured to be imaged with an optical sensor for an image be processed for quantifying the blood component, wherein the imaging feature comprises a first imaging surface and a second imaging surface (Satish 2015: Par. [0042]; In a second variation, Block S110 includes selecting the first region of the image that corresponds to a layer of fluid between a wall of the canister and a first feature within the canister, along a line of sight between the canister and a camera or (other optical sensor of an image acquisition device) that captures the image. Optionally, Block S120 can include selecting the second region of the image that corresponds to a region of fluid, having a gradient in thickness, between a wall of the canister and a second feature within the canister, along the line of sight, as shown in FIGS. 1A and 1B, Par. [0049]; In a third implementation of the variation of the canister 200 including an insert, when the insert 300c is installed in a canister 200, the first feature 310c defines a first vertical surface (e.g., planar surface, curved surface) that faces (e.g., squarely faces) and is offset from the interior wall of the canister, such as by ˜6 mm, and the second feature 320c defines a second vertical surface tapering away from (e.g., with a linear profile, with a non-linear profile) an interior surface of the canister 200, the first and second features 310c cooperating to define a sharp vertical edge, as shown in FIG. 6. As in the previous example, the substantially uniform thickness of a layer of fluid between the interior surface of the canister 200 and the first feature 310c can yield a substantially uniform color in the corresponding region of the image, and the increasing thickness of the region of fluid between the interior surface of the canister 200 and the second feature 320c along the length of the second feature 320c can yield a color gradient across the corresponding region of the image.); and means for positioning the insert within the waste canister to cause a front side of the insert to engage an inner surface of the waste canister (Satish 2015: Par. [0043]; Variations of the locking feature 305 can include one or more of: a protrusion 306 (e.g., rail, etc.) on at least one of the canister 200 and the insert 300, that mates with a recess (e.g., slot, etc.) on the other one of the insert 300 and the canister 200; magnetic features (e.g., complementary magnets coupled to the insert 300 and the canister); a mechanical press fit mechanism between a portion of the canister 200 and a portion of the insert; a mechanical snap fit between a portion of the canister 200 and a portion of the insert; and any other suitable locking feature 305.), space apart the first imaging surface from the inner surface by a first distance, and space apart the second imaging surface from the inner surface by a second distance greater than the first distance (Satish 2015: Par. [0049] and Fig. 6; In a third implementation of the variation of the canister 200 including an insert, when the insert 300c is installed in a canister 200, the first feature 310c defines a first vertical surface (e.g., planar surface, curved surface) that faces (e.g., squarely faces) and is offset from the interior wall of the canister, such as by ˜6 mm, and the second feature 320c defines a second vertical surface tapering away from (e.g., with a linear profile, with a non-linear profile) an interior surface of the canister 200, the first and second features 310c cooperating to define a sharp vertical edge, as shown in FIG. 6.), wherein the first imaging surface and the second imaging surface are positioned lateral to one another in a side-by-side arrangement (Satish 2015: Par. [0051] and Fig. 8; In a fifth implementation of the variation of the canister 200 including an insert, the insert 300e can include stepped configuration defined by a set of first features 310e, as shown in FIG. 8, wherein each of the set of first features 310e is offset from an internal surface of the canister 200 by a certain distance (e.g., in order to provide a region of uniform color, with a region of fluid between the surface of the canister and each of the first features of the insert). In the fifth implementation, each of the set of first features 310e is further displaced from an adjacent first feature by a distance (e.g., with uniform spacing, with non-uniform spacing), such that collectively, the set of first features 310e defines a second feature 320e that provides a color gradient along a dimension of the insert 300e. In the fifth implementation, the set of first features 310e can be arranged such that the first features 310e traverse deeper into the canister in an inferior to superior direction, arranged such that the first features 310e traverse deeper into the canister in a superior to inferior direction, or alternatively traverse deeper or shallower in relation to a surface of the canister in any other suitable configuration; obvious to one skilled in the art to choose a suitable stepped configuration depending on the canister, such as a lateral configuration).
Satish 2015 fails to teach that the system includes a vacuum source.
Satish 2017, like Satish 2015, is directed to quantification in a medical waste collection system. Satish 2017 does teach that the system includes a vacuum source (Satish 2017: Par. [0024]; In particular, with the valve 162 in the first position, the lid 144 can communicate vacuum from an external vacuum source 134 into the canister 102 just below lid 144. Thus, the canister can communicate vacuum to the suction wand 140 to draw fluid into the canister 102.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Satish 2015 to utilize the vacuum source, as taught by Satish 2017, to arrive at the claimed invention discussed above. Such a modification is the result of combining prior art elements according to known methods for improvement to yield predictable results. As taught by Satish 2017, the proposed modification allows for the system to be integrated into a surgical suction system within an operating room by aiding with fluid collection via suction (Satish 2017: Par. [0017]).
In regards to Claim 2, Satish 2015 as modified by Satish 2017 further teaches the insert assembly of claim 1, wherein the imaging feature is rectangular, and wherein each of the first imaging surface and the second imaging surface are square or rectangular (Satish 2015: Par. [0051] and Fig. 8; In a fifth implementation of the variation of the canister 200 including an insert, the insert 300e can include stepped configuration defined by a set of first features 310e, as shown in FIG. 8, wherein each of the set of first features 310e is offset from an internal surface of the canister 200 by a certain distance (e.g., in order to provide a region of uniform color, with a region of fluid between the surface of the canister and each of the first features of the insert), Fig. 8 showcases square/rectangular surfaces.).
In regards to Claim 3, Satish 2015 as modified by Satish 2017 further teaches the insert assembly of claim 1, wherein the first distance is within a range of 1.2 to 3.7 millimeters, and wherein the second distance is within a range of 1.7 to 4.2 millimeters (Satish 2015: Par. [0049] and Fig. 6; In a third implementation of the variation of the canister 200 including an insert, when the insert 300c is installed in a canister 200, the first feature 310c defines a first vertical surface (e.g., planar surface, curved surface) that faces (e.g., squarely faces) and is offset from the interior wall of the canister, such as by ˜6 mm, and the second feature 320c defines a second vertical surface tapering away from (e.g., with a linear profile, with a non-linear profile) an interior surface of the canister 200, the first and second features 310c cooperating to define a sharp vertical edge, as shown in FIG. 6, Par. [0051] and Fig. 8; In a fifth implementation of the variation of the canister 200 including an insert, the insert 300e can include stepped configuration defined by a set of first features 310e, as shown in FIG. 8, wherein each of the set of first features 310e is offset from an internal surface of the canister 200 by a certain distance (e.g., in order to provide a region of uniform color, with a region of fluid between the surface of the canister and each of the first features of the insert). In the fifth implementation, the set of first features 310e can be arranged such that the first features 310e traverse deeper into the canister in an inferior to superior direction, arranged such that the first features 310e traverse deeper into the canister in a superior to inferior direction, or alternatively traverse deeper or shallower in relation to a surface of the canister in any other suitable configuration; obvious to one skilled in the art to choose a suitable stepped configuration depending on the canister, such as optimizing the distances from 6 mm into the range needed for the system).
In regards to Claim 4, Satish 2015 as modified by Satish 2017 further teaches the insert assembly of claim 1, wherein the first imaging surface and the second imaging surface are separated by a ridge having a thickness equal to a difference between the first distance and the second distance (Satish 2015: Par. [0051] and Fig. 8; In a fifth implementation of the variation of the canister 200 including an insert, the insert 300e can include stepped configuration defined by a set of first features 310e, as shown in FIG. 8, wherein each of the set of first features 310e is offset from an internal surface of the canister 200 by a certain distance (e.g., in order to provide a region of uniform color, with a region of fluid between the surface of the canister and each of the first features of the insert). In the fifth implementation, the set of first features 310e can be arranged such that the first features 310e traverse deeper into the canister in an inferior to superior direction, arranged such that the first features 310e traverse deeper into the canister in a superior to inferior direction, or alternatively traverse deeper or shallower in relation to a surface of the canister in any other suitable configuration, Fig. 8 showcases square/rectangular surfaces, Fig. 8 showcases ridges between each stepped surface, obvious to one skilled in the art to optimize the distance of the ridges based on the system).
In regards to Claim 9, Satish 2015 as modified by Satish 2017 further teaches the insert assembly of claim 1, wherein the means for positioning the insert within the waste canister comprises a mounting head configured to be coupled to an upper cap of the waste canister, and a strut coupling the mounting head with the insert, wherein the strut is biased or formed to urge the insert into direct contact with the inner surface of the waste canister (Satish 2015: Par. [0043] and Fig. 3A; Variations of the locking feature 305 can include one or more of: a protrusion 306 (e.g., rail, etc.) on at least one of the canister 200 and the insert 300, that mates with a recess (e.g., slot, etc.) on the other one of the insert 300 and the canister 200; magnetic features (e.g., complementary magnets coupled to the insert 300 and the canister); a mechanical press fit mechanism between a portion of the canister 200 and a portion of the insert; a mechanical snap fit between a portion of the canister 200 and a portion of the insert; and any other suitable locking feature 305, obvious to one skilled in the art to choose the best suitable locking feature for the system, such as a strut coupling, Par. [0044]; The pattern can be coupled to a portion of the insert 300 in direct contact with an inner surface of the canister, or can alternatively be coupled to a portion of the insert 300 not in direct contact with an inner surface of the canister.).
In regards to Claim 10, Satish 2015 as modified by Satish 2017 further teaches the insert assembly of claim 9, wherein the insert defines at least one slot within which the strut is pivotably disposed so as to permit the insert to pivot about the strut (Satish 2015: Par. [0043] and Fig. 3A; Variations of the locking feature 305 can include one or more of: a protrusion 306 (e.g., rail, etc.) on at least one of the canister 200 and the insert 300, that mates with a recess (e.g., slot, etc.) on the other one of the insert 300 and the canister 200; magnetic features (e.g., complementary magnets coupled to the insert 300 and the canister); a mechanical press fit mechanism between a portion of the canister 200 and a portion of the insert; a mechanical snap fit between a portion of the canister 200 and a portion of the insert; and any other suitable locking feature 305, obvious to one skilled in the art to choose the best suitable locking feature for the system to maintain direct contact between the insert and the canister, such as a pivoting strut coupling, Par. [0044]; The pattern can be coupled to a portion of the insert 300 in direct contact with an inner surface of the canister, or can alternatively be coupled to a portion of the insert 300 not in direct contact with an inner surface of the canister.).
In regards to Claim 11, Satish 2015 as modified by Satish 2017 further teaches the insert assembly of claim 9, wherein the strut further comprises rods coupled to one another with a crossmember in a U-shaped arrangement (Satish 2015: Par. [0043] and Fig. 3A; Variations of the locking feature 305 can include one or more of: a protrusion 306 (e.g., rail, etc.) on at least one of the canister 200 and the insert 300, that mates with a recess (e.g., slot, etc.) on the other one of the insert 300 and the canister 200; magnetic features (e.g., complementary magnets coupled to the insert 300 and the canister); a mechanical press fit mechanism between a portion of the canister 200 and a portion of the insert; a mechanical snap fit between a portion of the canister 200 and a portion of the insert; and any other suitable locking feature 305, obvious to one skilled in the art to choose the best suitable locking feature for the system to maintain direct contact between the insert and the canister, such as a strut using rods).
In regards to Claim 12, Satish 2015 as modified by Satish 2017 further teaches the insert assembly of claim 1, wherein the means for positioning the insert within the waste canister comprises at least one of a magnet, a locking member, a frame, tongues, a turnbuckle, and adhesive (Satish 2015: Par. [0043] and Fig. 3A; Variations of the locking feature 305 can include one or more of: a protrusion 306 (e.g., rail, etc.) on at least one of the canister 200 and the insert 300, that mates with a recess (e.g., slot, etc.) on the other one of the insert 300 and the canister 200; magnetic features (e.g., complementary magnets coupled to the insert 300 and the canister); a mechanical press fit mechanism between a portion of the canister 200 and a portion of the insert; a mechanical snap fit between a portion of the canister 200 and a portion of the insert; and any other suitable locking feature 305).
In regards to Claim 13, Satish 2015 as modified by Satish 2017 further teaches the insert assembly of claim 1, wherein the insert further comprises a lower aspect defined between a lower side of the insert and the imaging feature, wherein the lower aspect is sized relative to a lip of the medical waste collection system to position the imaging feature within a window of the medical waste collection system through which the waste canister is visible (Satish 2017: Par. [0014]; The mount 104 is configured to engage an exterior surface 118 of the canister 102, and may comprise a first window 120 with a first seal 122a/b configured to seal over the exterior surface 118 of the canister 102 proximal the translucent section 114, and may further comprise a second window 124 adjacent the first window 120 and configured to seal over the exterior surface 118 of the canister 102 proximal the translucent section 114, wherein the first window 120 is substantially optically isolated from the second window 124, by the first seal 122a/b. The weighing scale 106 is coupled to the mount 104 and is configured to output a signal corresponding to a weight of contents in the canister 102. The imaging system 126 includes an optical emitter 128 aligned with the first window 120 and configured to illuminate the reflective insert 116 through the translucent section 114 of the canister 102, and also includes a camera 130 aligned with the second window.).
In regards to Claim 14, Satish 2015 as modified by Satish 2017 further teaches the insert assembly of claim 1, wherein the insert further comprises an upper aspect defined between an upper side of the insert and the imaging feature, wherein the imaging feature is recessed from the upper aspect (Satish 2017: Par. [0038]; The mount 104 is configured to receive and support the base 158 of the canister 102. In one example, the mount 104 defines a frusto-conical receptacle 184 sized to fit the canister 102, as shown in FIG. 2A, and includes an optional latch 186 configured to transiently mate with a recess or an engagement feature 188 on the vessel 102, thereby constraining the canister 102 in the mount.).
Regarding Claim 20:
Satish 2015 as modified by Satish 2017 further teaches an insert assembly for quantifying a blood component in medical waste disposed within a waste canister of a medical waste collection system (Satish 2015: Par. [0013]; a method 100 for estimating a quantity and a quality of a blood component in a canister) that further includes a vacuum source (Satish 2017: Par. [0024]; In particular, with the valve 162 in the first position, the lid 144 can communicate vacuum from an external vacuum source 134 into the canister 102 just below lid 144. Thus, the canister can communicate vacuum to the suction wand 140 to draw fluid into the canister 102.), the insert assembly comprising: a mounting head configured to be coupled to an upper cap of the waste canister; a strut coupled to the mounting head; and an insert coupled to the strut (Satish 2015: Par. [0043] and Fig. 3A; Variations of the locking feature 305 can include one or more of: a protrusion 306 (e.g., rail, etc.) on at least one of the canister 200 and the insert 300, that mates with a recess (e.g., slot, etc.) on the other one of the insert 300 and the canister 200; magnetic features (e.g., complementary magnets coupled to the insert 300 and the canister); a mechanical press fit mechanism between a portion of the canister 200 and a portion of the insert; a mechanical snap fit between a portion of the canister 200 and a portion of the insert; and any other suitable locking feature 305, obvious to one skilled in the art to choose the best suitable locking feature for the system, such as a strut coupling.) and comprising an imaging feature configured to be imaged with an optical sensor for an image be processed for quantifying the blood component (Satish 2015: Par. [0042]; In a second variation, Block S110 includes selecting the first region of the image that corresponds to a layer of fluid between a wall of the canister and a first feature within the canister, along a line of sight between the canister and a camera or (other optical sensor of an image acquisition device) that captures the image. Optionally, Block S120 can include selecting the second region of the image that corresponds to a region of fluid, having a gradient in thickness, between a wall of the canister and a second feature within the canister, along the line of sight, as shown in FIGS. 1A and 1B, Par. [0049]; In a third implementation of the variation of the canister 200 including an insert, when the insert 300c is installed in a canister 200, the first feature 310c defines a first vertical surface (e.g., planar surface, curved surface) that faces (e.g., squarely faces) and is offset from the interior wall of the canister, such as by ˜6 mm, and the second feature 320c defines a second vertical surface tapering away from (e.g., with a linear profile, with a non-linear profile) an interior surface of the canister 200, the first and second features 310c cooperating to define a sharp vertical edge, as shown in FIG. 6. As in the previous example, the substantially uniform thickness of a layer of fluid between the interior surface of the canister 200 and the first feature 310c can yield a substantially uniform color in the corresponding region of the image, and the increasing thickness of the region of fluid between the interior surface of the canister 200 and the second feature 320c along the length of the second feature 320c can yield a color gradient across the corresponding region of the image.), wherein the strut is biased or formed to urge the insert into direct contact with an inner surface of the waste canister for the imaging feature to be spaced apart from the inner surface (Satish 2015: Par. [0044]; The pattern can be coupled to a portion of the insert 300 in direct contact with an inner surface of the canister, or can alternatively be coupled to a portion of the insert 300 not in direct contact with an inner surface of the canister.).
In regards to Claim 21, Satish 2015 as modified by Satish 2017 further teaches the insert assembly of claim 20, wherein the insert defines at least one slot within which the strut is pivotably disposed and configured to permit the insert to pivot about the strut (Satish 2015: Par. [0043] and Fig. 3A; Variations of the locking feature 305 can include one or more of: a protrusion 306 (e.g., rail, etc.) on at least one of the canister 200 and the insert 300, that mates with a recess (e.g., slot, etc.) on the other one of the insert 300 and the canister 200; magnetic features (e.g., complementary magnets coupled to the insert 300 and the canister); a mechanical press fit mechanism between a portion of the canister 200 and a portion of the insert; a mechanical snap fit between a portion of the canister 200 and a portion of the insert; and any other suitable locking feature 305, obvious to one skilled in the art to choose the best suitable locking feature for the system to maintain direct contact between the insert and the canister, such as a pivoting strut coupling, Par. [0044]; The pattern can be coupled to a portion of the insert 300 in direct contact with an inner surface of the canister, or can alternatively be coupled to a portion of the insert 300 not in direct contact with an inner surface of the canister.).
Regarding Claim 22:
Satish 2015 as modified by Satish 2017 further teaches an insert assembly for quantifying a blood component in medical waste disposed within a waste canister of a medical waste collection system (Satish 2015: Par. [0013]; a method 100 for estimating a quantity and a quality of a blood component in a canister) that further includes a vacuum source (Satish 2017: Par. [0024]; In particular, with the valve 162 in the first position, the lid 144 can communicate vacuum from an external vacuum source 134 into the canister 102 just below lid 144. Thus, the canister can communicate vacuum to the suction wand 140 to draw fluid into the canister 102.), the insert assembly comprising: an insert comprising an imaging feature configured to be imaged with an optical sensor for an image be processed for quantifying the blood component, wherein the imaging feature has a tapered profile extending between opposing lateral sides of the insert (Satish 2015: Par. [0042]; In a second variation, Block S110 includes selecting the first region of the image that corresponds to a layer of fluid between a wall of the canister and a first feature within the canister, along a line of sight between the canister and a camera or (other optical sensor of an image acquisition device) that captures the image. Optionally, Block S120 can include selecting the second region of the image that corresponds to a region of fluid, having a gradient in thickness, between a wall of the canister and a second feature within the canister, along the line of sight, as shown in FIGS. 1A and 1B, Par. [0049]; In a third implementation of the variation of the canister 200 including an insert, when the insert 300c is installed in a canister 200, the first feature 310c defines a first vertical surface (e.g., planar surface, curved surface) that faces (e.g., squarely faces) and is offset from the interior wall of the canister, such as by ˜6 mm, and the second feature 320c defines a second vertical surface tapering away from (e.g., with a linear profile, with a non-linear profile) an interior surface of the canister 200, the first and second features 310c cooperating to define a sharp vertical edge, as shown in FIG. 6. As in the previous example, the substantially uniform thickness of a layer of fluid between the interior surface of the canister 200 and the first feature 310c can yield a substantially uniform color in the corresponding region of the image, and the increasing thickness of the region of fluid between the interior surface of the canister 200 and the second feature 320c along the length of the second feature 320c can yield a color gradient across the corresponding region of the image.); and means for positioning the insert within the waste canister to cause a front side of the insert to engage an inner surface of the waste canister (Satish 2015: Par. [0043]; Variations of the locking feature 305 can include one or more of: a protrusion 306 (e.g., rail, etc.) on at least one of the canister 200 and the insert 300, that mates with a recess (e.g., slot, etc.) on the other one of the insert 300 and the canister 200; magnetic features (e.g., complementary magnets coupled to the insert 300 and the canister); a mechanical press fit mechanism between a portion of the canister 200 and a portion of the insert; a mechanical snap fit between a portion of the canister 200 and a portion of the insert; and any other suitable locking feature 305.), and to space apart the imaging feature from the inner surface (Satish 2015: Par. [0049] and Fig. 6; In a third implementation of the variation of the canister 200 including an insert, when the insert 300c is installed in a canister 200, the first feature 310c defines a first vertical surface (e.g., planar surface, curved surface) that faces (e.g., squarely faces) and is offset from the interior wall of the canister, such as by ˜6 mm, and the second feature 320c defines a second vertical surface tapering away from (e.g., with a linear profile, with a non-linear profile) an interior surface of the canister 200, the first and second features 310c cooperating to define a sharp vertical edge, as shown in FIG. 6.).
In regards to Claim 25, Satish 2015 as modified by Satish 2017 further teaches the insert assembly of claim 22, wherein the means for positioning the imaging feature comprises an upper aspect defined between an upper side of the insert and the imaging feature, wherein the upper aspect is contoured to and configured to engage the inner surface of the waste canister, and wherein the imaging feature is recessed from the upper aspect (Satish 2017: Par. [0038]; The mount 104 is configured to receive and support the base 158 of the canister 102. In one example, the mount 104 defines a frusto-conical receptacle 184 sized to fit the canister 102, as shown in FIG. 2A, and includes an optional latch 186 configured to transiently mate with a recess or an engagement feature 188 on the vessel 102, thereby constraining the canister 102 in the mount.)
Claims 6-7 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Satish et al. (U.S. Patent App. Pub No. 2015/0294461 A1, hereafter referred as Satish 2015) in view of Satish et al. (U.S. Patent App. Pub No. 2017/0184442 A1, hereafter referred as Satish 2017), and further in view of Kraft, U.S. patent 5,873,174.
Satish as modified with respect to Claim 1 above describes a “mechanical press fit mechanism between a portion of the canister 200 and a portion of the insert” at [0043]. This is understood to mean the insert is stably held in place against the canister. In turn, this requires at least three non-coplanar points (i.e. a triangle) that hold the insert in place. However, Satish does not specify how this happens. Protective bumpers/feet are well known accessories to hold items stably in place, either to reduce vibration or movement or prevent damage. Kraft is cited as an example of the use of three conforming feet (col. 3 lines 35-45), fig. 4. Satish as modified does not give details of a “mechanical press fit mechanism”. It would have been obvious to one of ordinary skill in the art to implement a press fit mechanism for the insert that includes three non-coplanar pads of a suitable length to engage the canister in order to prevent movement while reducing the possibility of damage.
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Satish et al. (U.S. Patent App. Pub No. 2015/0294461 A1, hereafter referred as Satish 2015) in view of Satish et al. (U.S. Patent App. Pub No. 2017/0184442 A1, hereafter referred as Satish 2017) and Dunn et al. (U.S. Patent App. Pub No. 2007/0028570 A1, hereafter referred as Dunn).
In regards to Claim 15, Satish 2015 as modified by Satish 2017 fails to further teach the insert assembly of claim 1, wherein the medical waste collection system further includes a cleaning subsystem including a rotatable sprayer for directing pressurized liquid towards an inner surface of the waste canister, and wherein the first imaging surface is positioned relative to the second imaging surface based on a direction of the rotatable sprayer so as to encounter the pressurized liquid prior to the second imaging surface.
Dunn, like Satish 2015, is directed to a medical waste collection system. Dunn in combination with Satish 2015 does teach wherein the medical waste collection system further includes a cleaning subsystem including a rotatable sprayer for directing pressurized liquid towards an inner surface of the waste canister (Dunn: Par. [0056-0057]; Positioned on the end of conduit 156 is a cleaning nozzle, illustrated at 162 in FIG. 8. Cleaning nozzle 162 preferably rotates when liquid is supplied thereto so that water and cleaning solution flowing to the nozzle is sprayed onto the interior surfaces of container 32b, In some instances, the spray provided by nozzle 162 causes the pressure within container 32b to increase rapidly. The increased pressure within the container 32b causes liquid to back up in conduit 156, sometimes as high as six to eight inches.), and wherein the first imaging surface is positioned relative to the second imaging surface based on a direction of the rotatable sprayer so as to encounter the pressurized liquid prior to the second imaging surface (Satish 2015: Par. [0051] and Fig. 8; In the fifth implementation, the set of first features 310e can be arranged such that the first features 310e traverse deeper into the canister in an inferior to superior direction, arranged such that the first features 310e traverse deeper into the canister in a superior to inferior direction, or alternatively traverse deeper or shallower in relation to a surface of the canister in any other suitable configuration; obvious to one skilled in the art to choose a suitable stepped configuration depending on the canister, such as optimizing the positions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Satish 2015 to utilize the cleaning technique, as taught by Dunn, to arrive at the claimed invention discussed above. Such a modification is the result of combining prior art elements according to known methods for improvement to yield predictable results. As taught by Dunn, the proposed modification allows the device to be reused which can reduce waste and improve efficiency (Dunn: Par. [0065]).
In regards to Claim 16, Satish 2015 as modified by Satish 2017 and Dunn further teaches the insert assembly of claim 15, wherein the insert further comprises a flow surface configured to direct the pressurized liquid from the cleaning subsystem towards the imaging feature, and wherein the flow surface is sloped and oriented to be aligned with an incoming direction of the pressurized liquid (Satish 2015: Par. [0048] and Fig. 5; In a second implementation of the variation of the canister 200 including an insert, as shown in FIG. 5, an insert 300b defining the first feature 310b and the second feature 320b is configured to be installed in the canister 200 prior to use in receiving bloodied fluid from a patient. In the second implementation, the insert 300b defines a frustoconical structure 320b with a cylindrical base 310b that snaps into the base of the canister 200, as shown in FIG. 5, wherein the insert 300b is manufactured from a highly-reflective (i.e., glossy) white polymer material and/or is coated with a white glossy material. In this example, the outer surface of cylindrical base 310b is displaced from an interior surface of the canister 200 when the insert 300b is installed therein, such as by ˜6 mm (e.g., an average of 6 mm), such that a layer of fluid between the interior surface of the canister 200 and the cylindrical base 310b yields a substantially uniform color in the corresponding region of the image of canister; Block S110 can thus identify and select this region of the image. Furthermore, in this example, the frustoconical structure 320b can taper toward a center portion of the canister 200 (e.g., at a slope of 0.5 or at an angle of 30°) in an inferior to superior direction, Dunn: Par. [0056-0057]; Positioned on the end of conduit 156 is a cleaning nozzle, illustrated at 162 in FIG. 8. Cleaning nozzle 162 preferably rotates when liquid is supplied thereto so that water and cleaning solution flowing to the nozzle is sprayed onto the interior surfaces of container 32b, In some instances, the spray provided by nozzle 162 causes the pressure within container 32b to increase rapidly. The increased pressure within the container 32b causes liquid to back up in conduit 156, sometimes as high as six to eight inches, when Satish 2015 and Dunn are combined, the frustoconical structure can be used as a sloped flow surface).
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smith et al. (U.S. Patent App. Pub No. 2017/0028110 A1) teaches a medical waste fluid collection cart that may include a container assembly and a suction tube having a lumen extending through the suction tube.
Conclusion
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/RENAE A BITOR/Examiner, Art Unit 2663
/GREGORY A MORSE/Supervisory Patent Examiner, Art Unit 2698
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