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 title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
Claims 1-3, 6-10, 14, 16-20, 22-23 and 25-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stanton et al. (US 2021/0093243).
With reference to claim 1, Stanton et al. (hereinafter “Stanton”) discloses a system for collecting fluid from a patient (figure 10A), the system comprising:
a connecting tube (1012);
a collection unit comprising:
a collection canister (1022) coupled to the connecting tube (figure 10A);
a collection bag (1020) coupled to the collection canister (figure 10A); and
a suction unit comprising:
a vacuum pump (1134) removably coupled to the collection unit and configured to provide a negative pressure to the collection canister [0167]; and
a controller (1018) configured to operate the vacuum pump based at least in part on a level of fluid in the collection canister and whether the suction unit is
coupled to the collection unit as set forth in [0170-0171].
With reference to claim 2, Stanton discloses a system wherein the collection unit is configured to provide the negative pressure to the connecting tube and collect fluid from the connecting tube in the collection canister as set forth in [0167] and in [0170]-[0171].
Regarding claim 3, Stanton discloses a system wherein the collection bag is coupled to the collection canister through a one-way valve (1136) configured to allow fluid flow from the collection canister to the collection bag and prohibit flow from the
collection bag to the collection canister as set forth in [0178].
As to claim 6, Stanton discloses a system wherein the suction unit includes a proximity detector (pump controller interface as discussed in [0167]) which is fully capable of being configured to determine whether the suction unit is coupled to the collection unit because the interface connects the pump to the controller and one can determine if the pump is coupled to the collection unit when the controller is able to controller the pump.
With respect to claim 7, Stanton discloses a system wherein the collection canister includes a fluid level detector configured to determine a fluid level within the collection canister as set forth in [0173].
With reference to claim 8, Stanton discloses a system wherein the suction unit includes a vacuum release valve (cassette pump interface 1148) fully capable of releasing vacuum from the collection canister as removing the pumper will remove the vacuum.
Regarding claim 9, Stanton discloses a system wherein the controller is configured operate the vacuum release valve based on a detected level of fluid in the collection canister as set forth in [0167] and [0173].
As to claim 10, Stanton discloses a system wherein the collection canister is configured to release, by gravity, fluid into the collection bag when vacuum is released from the collection canister as set forth in [0167] and [0171].
With reference to claim 14, Stanton discloses a system further comprising a pressure valve (one way valve 1136) between the collection canister and the collection bag configured so that fluid passes from the collection cannister to the collection bag by gravity when the pressure within the cannister is greater than the pressure within the collection bag as discussed in [0167] and in [0171].
Regarding claim 16, Stanton discloses a system further comprising a valve sub-system coupled to the suction unit and the collection unit and configured to prevent backflow of fluid from the collection canister into the suction unit as set forth in [0435].
As to claim 17, Stanton discloses a system wherein the connecting tube is configured to be coupled to at least one of a plurality of external urinary catheters (102) as shown in figures 1 and 10A.
As to claim 18, Stanton discloses a method of collecting fluid comprising:
providing, by a source of negative pressure, a negative pressure (pump 1134) to a rigid collection canister (reservoir 1022);
collecting, in response to the negative pressure, fluid from a connecting tube coupled to the rigid collection canister, wherein the fluid is collected in the rigid collection canister [0170]-[0171]; and
releasing the negative pressure from the rigid collection canister, wherein the release of the negative pressure causes fluid to flow from the rigid collection canister to a collection bag as set forth in [0167] and [0171].
As to claim 19, Stanton discloses a method wherein the negative pressure is released by a vacuum release valve as set forth in [0015]-[0016] and in [0253].
As to claim 20, Stanton discloses a method wherein the vacuum release valve is operated in response to a detected fluid level in the rigid collection canister as set forth in [0167] and [0173]).
With reference to claim 22, Stanton discloses a method wherein the negative pressure is released in response to decoupling the rigid collection canister from the source of negative pressure as disclosed in [0167].
With respect to claim 23, Stanton discloses a method wherein the fluid flows through a one-way valve (1136, figure 10A) from the rigid collection canister to the collection bag as taught in [0178].
As to claim 25, Stanton discloses a system for collecting fluid from a patient (figure 10A), the system comprising:
a suction unit comprising: a collection canister (1022);
a vacuum pump (1134) configured to provide a negative pressure to collection canister [0167]; and
a vacuum release valve (cassette pump interface 1148) configured to release the negative pressure from the collection canister; and
a controller (1018) configured to operate the vacuum pump in:
a first operating mode wherein the vacuum release valve is operated in response to a level of fluid within the collection canister [0170]-[0171]; and
a second operating mode, wherein the collection canister is configured to release the negative pressure when decoupled from the vacuum pump as set forth in [0167].
As to claims 26 and 27, Stanton discloses a system wherein the collection canister includes a level detector (i.e., camera) fully capable of determining the level of fluid within the collection canister and/or whether the level of fluid is greater than a predetermined threshold (cl. 27)as set forth in [0173].
With reference to claim 28, Stanton discloses a system wherein the suction unit includes a proximity sensor (controller pump interface, para [0167]) and the controller is fully capable to operate the vacuum pump based on a signal from the proximity sensor as the interface connects the pump to the controller and one can determine if the in the pump is coupled to the collection unit when the controller is able to controller the pump.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELE M KIDWELL whose telephone number is (571)272-4935. The examiner can normally be reached Monday-Friday, 7AM-4PM 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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/MICHELE KIDWELL/ Primary Examiner, Art Unit 3781
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