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 .
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 16-20 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.
The term “generally tubular” in claims 16 and 18 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claims .
Claims 17 and 19-20 are dependent upon claims 16 and 18, respectively.
Claim Rejections - 35 USC § 103
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) 1-7 and 8-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koga (US 2012/0018011 cited in IDS), and in further view of Surendra (US 2017/0080167) .
Regarding claim 1, Koga figures 3-4 teach a container and tube set arranged and configured to couple to an endoscope for use in an endoscopic procedure, the container and tube set comprising:
a first container (15 fluid supply source) configured to contain a fluid, the first container having a first port in fluid communication with a bottom portion thereof; and
a pressure vessel system, the pressure vessel system comprising:
a housing (51 valve housing) defining a first cavity; [0048]
a sleeve (53 elastic tubular portion) disposed within the first cavity of the housing and defining a second cavity between an inner surface of a wall of the housing and the sleeve; [0049]
a first fluid inlet (48 flowline) in selective fluid communication with the first cavity; [0057] and
a first fluid outlet (52 discharge nozzle) in fluid communication with the first cavity.
Koga is silent to a second fluid inlet in fluid communication with the second cavity
Surendra is directed towards a surgical venting device that employs the use of a bladder where the gas within the second subchamber 154b expands and pushes the fluid.[0072]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to provide a bladder as taught in Surendra to move fluid in the apparatus.
Regarding claim 2, Koga figures 3-4 teach a first cap (49 connection coupling) secured to a first end of the housing.[0057]
Regarding claim 3, Koga figures 3-4 teach the first fluid inlet (48 flowline) is formed in the first cap (49 connection coupling).
Regarding claim 4, Koga figures 3-4 teach a second cap (42 second connection coupling) secured to a second end of the housing.[0057]
Regarding claim 5, Koga figure 4 in view of Surendra suggest the first fluid outlet(52 discharge nozzle) and the second fluid inlet are formed in the second cap as Koga teaches Gas supplied to the bladder for liquid removal.
Regarding claim 7, Koga teaches a first flow control member (50 check valve) positioned adjacent to the first fluid inlet (48 flowline).
Regarding claim 8, Koga teaches fluid lumen 39 is connected to the fluid supply source 15 thereby suggesting a secondary housing fluidly coupled with the second fluid inlet, the secondary housing defining a lumen to be an obvious modification.[0044]
Regarding claim 9, Surendra teaches a drive portion 82 and a flow generator portion 84. The drive portion 82 can include a piston 86 that is connected to the flow generator portion 84 thereby suggesting a piston disposed within the secondary housing to be an obvious modification.[0057]
Regarding claim 10, Surendra teaches a drive portion 82 and a flow generator portion 84. The drive portion 82 can include a piston 86 that is connected to the flow generator portion 84 thereby suggesting the piston is actuatable to selectively couple the second fluid inlet with the second cavity to be an obvious modification.[0057].
Regarding claim 11, Surendra teaches The piston 86 can be moved in any suitable manner. In the illustrated configuration, the piston 86 is connected to a motor 90. The motor 90 can be a rotary motor. The motor 90 can be an electric motor. The piston 86 and the motor 90 are not in communication with the gases of the recirculation circuit 28. Rather, only the flow generator portion 84 is in fluid communication with the gases of the recirculation circuit 28 thereby suggesting a biasing member disposed between an end of the piston and an end of the secondary housing, the biasing member configured to bias the piston towards the second fluid inlet to be an obvious modification.[0057]
Regarding claim 12, Koga teaches a flow control mechanism (50 check valve) fluidly coupled to the first fluid outlet.[0048]
Regarding claim 13, Koga teaches an elastic tubular portion 53 thereby reading on the sleeve (53 elastic tubular portion) is a flexible tubular member.[0049]
Regarding claim 14. The container and tube set of claim 1, further comprising a slot extending through a sidewall of the housing, the slot configured to be in fluid communication with the second fluid inlet.
Regarding claim Regarding claim 15. The container and tube set of claim 1, wherein a volume of the second cavity is configured to selectively increase to increase a pressure of the first cavity.
Regarding claim 16 Koga figures 1-4 teach a container and tube set arranged and configured to couple to an endoscope for use in an endoscopic procedure, the container and tube set comprising:
a first container (15 fluid supply source) configured to contain a fluid, the first container having a first port in fluid communication with a bottom portion thereof; and
a pressure vessel system, the pressure vessel system comprising:
a generally tubular housing (51 valve housing) extending from a first end to a second end and defining a first cavity;
a first cap (49 connection coupling) coupled with the first end of the generally tubular housing;
a second cap (42 second coupling connection) coupled with the second end of the generally tubular housing;
a sleeve (53 elastic tubular portion) extending from a first end to a second end and disposed within the first cavity of the housing and defining a second cavity between an inner surface of a wall of the housing and the sleeve; a first fluid inlet in selective fluid communication with the first cavity; and
a first fluid outlet (52 discharge nozzle) in fluid communication with the first cavity;
wherein the second end of the sleeve is positioned between the outer surface of the generally tubular housing and the second cap.[0048-72]
Koga is silent to a second fluid inlet in fluid communication with the second cavity and the first end of the sleeve is positioned between an outer surface of the generally tubular housing and the first cap.
Surendra is directed towards a surgical venting device that employs the use of a bladder where the gas within the second subchamber 154b expands and pushes the fluid. Figure 9 further teaches fluid enters the first subchamber 154a, displacing the bladder 156, compressing the gas within the second subchamber 154b and absorbing the shock of the pressure pulse. When the pressure pulse subsides, the gas within the second subchamber 154b expands and pushes the fluid (e.g., carbon dioxide) back into the connected conduit 22, 26, 30 thereby suggesting first end of the sleeve is positioned between an outer surface of the generally tubular housing and the first cap to be an obvious modification. [0072]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to provide a bladder as taught in Surendra to move fluid in the apparatus.
Regarding claim 17, Surendra teaches fluid enters the first subchamber 154a, displacing the bladder 156, compressing the gas within the second subchamber 154b and absorbing the shock of the pressure pulse. When the pressure pulse subsides, the gas within the second subchamber 154b expands and pushes the fluid (e.g., carbon dioxide) back into the connected conduit 22, 26, 30 thereby reading on a volume of the second cavity is configured to selectively increase to increase a pressure of the first cavity.[0072]
Regarding claim 18 Koga figures 1-4 teach a container and tube set arranged and configured to couple to an endoscope for use in an endoscopic procedure, the container and tube set comprising:
a first container (15 fluid supply source) configured to contain a fluid, the first container having a first port in fluid communication with a bottom portion thereof; and
a pressure vessel system, the pressure vessel system comprising:
a generally tubular housing (51 valve housing) extending from a first end to a second end and defining a first cavity;
a first cap (49 connection coupling)coupled with the first end of the generally tubular housing;
a second cap (42 second coupling connection) coupled with the second end of the generally tubular housing;
a sleeve (53 elastic tubular portion) extending from a first end to a second end and disposed within the first cavity of the housing and defining a second cavity between an inner surface of a wall of the housing and the sleeve;
a first fluid inlet (48 flowline) in selective fluid communication with the first cavity; and
a first fluid outlet (52 discharge nozzle) in fluid communication with the first cavity.[0048-72]
Koga teaches fluid lumen 39 is connected to the fluid supply source 15 thereby suggesting a secondary housing fluidly coupled with the second fluid inlet, the secondary housing defining a lumen to be an obvious modification.[0044]
Koga is silent to a piston disposed within the lumen of the secondary housing, and a second fluid inlet in fluid communication with the second cavity
Surendra is directed towards a surgical venting device that teaches a drive portion 82 and a flow generator portion 84. The drive portion 82 can include a piston 86 that is connected to the flow generator portion 84 thereby suggesting a piston disposed within the secondary housing to be an obvious modification.[0057]
Surendra teaches the use of a bladder where the gas within the second subchamber 154b expands and pushes the fluid.[0072]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to provide a bladder as taught in Surendra to move fluid in the apparatus.
Regarding claim 19, Surendra teaches a drive portion 82 and a flow generator portion 84. The drive portion 82 can include a piston 86 that is connected to the flow generator portion 84 thereby suggesting the piston is actuatable to selectively couple the second fluid inlet with the second cavity to be an obvious modification.[0057].
Regarding claim 20, Surendra teaches The piston 86 can be moved in any suitable manner. In the illustrated configuration, the piston 86 is connected to a motor 90. The motor 90 can be a rotary motor. The motor 90 can be an electric motor. The piston 86 and the motor 90 are not in communication with the gases of the recirculation circuit 28. Rather, only the flow generator portion 84 is in fluid communication with the gases of the recirculation circuit 28 thereby suggesting a biasing member disposed between an end of the piston and an end of the secondary housing, the biasing member configured to bias the piston towards the second fluid inlet to be an obvious modification.[0057]
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koga (US 2012/0018011 cited in IDS) and Surendra (US 2017/0080167), as applied to claim 1, and in further view of Pollock (US 2022/0192478 cited in IDS).
Regarding claim 6, Koga in view of Surendra is silent to a vent in one of the first or second caps, the vent fluidly coupling the first cavity with an atmosphere outside the system.
Pollock is directed towards an integrated container and tube set for fluid delivery with an endoscope where an air vent (not shown) may be included in the top 280 of the water reservoir 270. The vent allows atmospheric air into the water source preventing negative pressure build-up in the water source, which could create a vacuum that suctions undesired matter from the patient back through the endoscope toward the water source.[0075]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to provide a vent in the cap of Koga to prevent negative pressure build-up which could create a vacuum that suctions undesired matter from the patient back through the endoscope toward the water source.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CRISTI J TATE-SIMS whose telephone number is (571)272-1722. The examiner can normally be reached M-F 9am-6pm.
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CRISTI J. TATE-SIMS
Primary Examiner
Art Unit 1711
/CRISTI J TATE-SIMS/Primary Examiner, Art Unit 1711
