Prosecution Insights
Last updated: September 17, 2026
Application No. 19/025,127

CRICOTHYROTOMY MEDICAL TRAINING DEVICE AND METHOD

Non-Final OA §102§103
Filed
Jan 16, 2025
Examiner
MUSA, BUSHIRA
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
26 Delta 1 LLC
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-70.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
12 currently pending
Career history
8
Total Applications
across all art units

Statute-Specific Performance

§101
18.9%
-21.1% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
13.2%
-26.8% vs TC avg
§112
5.7%
-34.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§102 §103
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 . This office action is in response to the application filed on 01/16/2025. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 3, 4, 7, 8, 9 and 10 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Stock et al., (US 20120202180 A1), hereafter Stock. In regards to claim 1, Stock teaches a cricothyrotomy medical training device comprising: a ribbed tube representative of a human trachea, the ribbed tube having a first end and a second end (Par. [0022]; “the present invention relate to training devices configured for performance of emergency medical procedures… Exemplary emergency medical procedures that can be performed with these devices include tracheotomies, tracheostomies and cricothyrotomies.”) and (Par. [0024]; “the first component is a respiratory tube comprising a flexible and resilient material, and is formed with a series of outward facing rings encompassing the tube in a pattern that approximates the physical structure of a human trachea.”) and Fig. 5. PNG media_image1.png 3141 2277 media_image1.png Greyscale a first protrusion extending from the first end of the ribbed tube, the first protrusion being representative of a human thyroid cartilage (Par. [0024]; “The third component is a “clip” (subsequently referred to herein as a “tracheal clip”) formed as an elongate half-round trough with the following sequentially molded portions: a gromment-retaining groove, a thyroid cartilage”). The thyroid cartilage portion of the clip is placed at the end of the tracheal module (see Fig. 5). a second protrusion extending from the ribbed tube near the first end, the second protrusion being longitudinally spaced between the first end and the second end, the second protrusion being representative of a human cricoid cartilage (Par. [0024]; “a cricoid surface portions extending into a raised half-ring portion representing the cricoid cartilage”). Fig. 5 shows the raised half-ring cricoid portion positioned longitudinally adjacent to the thyroid cartilage, and longitudinally spaced between the first and second ends of the respiratory tube. a first marking material disposed at the first and second protrusions for representing a location of human skin (Par. [0024]; “The fourth component is configured to provide a surface texture resembling the skin and epidermal layers overlying the tracheal cartilages and trachea”); and a second marking material disposed between the first and second protrusions to identify a location of a human cricothyroid membrane (Par. [0024]; “The second component comprises a pliable resilient membraine material which can be fused into a cylinder, or alternatively produced as a cylinder. A suitable material for the second component is exemplified by 2 mm-3 mm Mylar film or vinyl firm, and other like films familiar to those skilled in these arts. The second component is sized to fit over the respiratory tube somewhat snugly. The portions of the second component that overlay the tracheal opening and the cricothyroid opening are the target areas for performance of the emergency tracheal intubation procedure.”). Under the broadest reasonable interpretation, Stock’s second component (e.g., membrane film) overlying the cricothyroid opening, which lies between the thyroid and cricoid portions of the tracheal clip (see Fig. 5), explicitly identifies a location of a human cricothyroid membrane. In regards to claim 3, Stock teaches the cricothyrotomy medical training device of claim 1, wherein the first marking material is disposed around the first and second protrusions (Par. [0024]; “ The fourth component is configured to provide a surface texture resembling the skin… The fourth component is sized to fit over the tracheal clip somewhat snugly.”). The fourth component is a cylinder fitting the entire tracheal clip, inherently around both cartilage protrusions. The fourth component is a cylinder fitting the entire tracheal clip, inherently around both cartilage protrusions. In regards to claim 4, Stock teaches the cricothyrotomy medical training device of claim 1, wherein the first marking material is disposed between the first and second protrusions, the first marking material covering in part the second marking material (Par. [0025]; “ Finally, the fourth component is slipped over the three assembled components and its ends are secured in place with end caps”). Figure 4 shows the fourth component is the outermost layer (e.g., skin) which overlays the second component (e.g., membrane), including the portion in the space between the cartilage protrusions. In regards to claim 7, Stock teaches the cricothyrotomy medical training device of claim 1, wherein the second marking material is wrapped around the ribbed tube (Par. [0024]; “the first component is a respiratory tube… The second component is sized to fit over the respiratory tube somewhat snugly.”). Under the broadest reasonable interpretation, a cylindrical membrane fitted over the respiratory tube reads on a second marking material wrapped around the tube. In regards to claim 8, Stock teaches the cricothyrotomy medical training device of claim 1, wherein the ribbed tube includes a hole between the first and second protrusions, the hole representing an airway path (Par. [0024]; “At least one tracheal opening aligned laterally along the length of the tube with at least one cricothyroid opening are molded along one side of the tube. ”) and fig. 5 shows the cricothyroid opening is aligned between thyroid and cricoid portions of the tracheal clip, e.g., “Cricothyroid opening,” “Tracheal opening,” and “Respiratory tube.” In regards to claim 9, Stock teaches the cricothyrotomy medical training device of claim 8, wherein the second marking material covers the hole (Par. [0024]; “The portions of the second component that overlay the tracheal opening and the cricothyroid opening are the target areas for performance of the emergency tracheal intubation procedure.”). In regards to claim 10, Stock teaches the cricothyrotomy medical training device of claim 1, wherein the second protrusion is smaller than the first protrusion. As discussed above, Stock teaches that the tracheal clip is molded “in a pattern that approximates the physical structure of a human trachea.” (Par. [0024]), and that the clip carries a thyroid cartilage portion followed by a cricoid surface portions extended into a raised half-ring portion representing the cricoid cartilage (Par. [0024). Stock’s Fig. 5 shows the tracheal clip in top view with the thyroid cartilage as a substantially larger structure and the cricoid cartilage portion as a smaller raised half-ring structure. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Claim(s) 2, 5, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stock et al., (US 20120202180 A1), in view of Varaday et al., (“A homemade model for training in cricothyrotomy,” Vol. 59, pp. 1012-1013), and further in view of Sakezles (US 9679501 B2). In regards to claim 2, Stock teaches the cricothyrotomy medical training device of claim 1 as described above but does not explicitly teach wherein the first marking material is in the form of a skin-colored medical gauze. However, Varaday teaches a homemade cricothyrotomy training model built from readily available components, including gauze (Pg. 1012; “The homemade model consists of a plastic tray as a base, standard plastic breathing tubing, sticky tape and gauze (Fig. 1a,b).”). Varaday discloses gauze (swabs) as an inner tissue layer. Sakezles similarly teaches that its skin layer mimics at least a portion of human skin tissue (Col. 5, lines 45-47; “the skin and/or fat layers geometrically mimic at least a portion of a human or non-human animal skin and/or fat tissue, respectively”) (Col. 5, lines 56-58; “The at least one predetermined physical characteristic of muscle tissue, fat layer and/or skin layer comprises at least one of the following: color,”) It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute a skin-colored gauze for Stock’s fourth component skin layer, as taught by combination of Varaday and Sakezles. Varaday demonstrates that gauze is a functional and inexpensive tissue analogue in cricothyrotomy trainers, and Sakezles teaches selecting the color of the skin and/or tissue layer to match human skin. A person of ordinary skill in the art would have been motivated to make this substitution to provide a low cost and visually realistic skin layer that improves training reliability. In regards to claim 5, Varaday teaches a cricothyrotomy training device with gauze (tissue) between the two protrusions and tape (skin) on the outer most layer. Varaday does not explicitly teach wherein the second marking material is in the form of a tape material. However, Stock teaches that a thin film material is used as the membrane between the simulated thyroid and cricoid cartilage covering the cricothyroid opening (Par. [0024]; “a pliable resilient membraine material which can be fused into a cylinder, or alternatively produced as a cylinder. A suitable material for the second component is exemplified by 2 mm-3 mm Mylar film or vinyl firm, and other like films familiar to those skilled in these arts. The second component is sized to fit over the respiratory tube somewhat snugly. The portions of the second component that overlay the tracheal opening and the cricothyroid opening are the target areas for performance of the emergency tracheal intubation procedure.”). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute Varaday’s tape and gauze assembly in the position between the protrusions, based on Stock’s teaching that a thin film material serves as the membrane covering the cricothyroid opening. A person of ordinary skill in the art would have been motivated to make this substitution because both tape and film are thin, pliable layers that are suitable for the target incision site. Varaday teaches that “sticky tape” is a low-cost material suitable for the model (pg. 1012-1013; “stick tape,” figure 1). The substitutions therefore uses known materials, according to their known functions, to yield predictable results. In regards to claim 6, Stock, Varaday, and Sakezles teach the device of claim 5, including the use of tape material for the device assembly, as discussed above. Claim 6 further requires wherein the tape material is white. The choice of color is a design choice that excludes functional significance (See MPEP 2144.04(I)). The applicant’s own specification indicates the recited color is not essential (Par. [0039]; “a second marking material 160, for example without limitation,”). The examiner interprets the “without limitation” language as a functional feature but merely as one non-limiting example. A person of ordinary skill in the art would therefore have found it obvious to select any conventional tape color as a matter of design choice. Claim 6 is therefore rejected for the same reasons set forth above in claim 5. Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stock (US 20120202180 A1), in view of Varaday et al., (“A homemade model for training in cricothyrotomy,” Vol. 59, pp. 1012-1013), further in view of Sakezles (US 9679501 B2) and further in view of Huang et al., (“A Novel Approach to Emergency Airway Simulation Using a 3D-printed Cricothyrotomy Task Trainer,” Vol. 23, pp 1-11). In regards to claim 11, Stock teaches the cricothyrotomy medical training device as discussed above, and teaches that the device is used with a percutaneous cricothyrotomy device to make an incision through the fourth component and second component at the cricothyroid opening (Par. [0026]-[0027]; “The uses of the training devices and/or kits of the present invention are shown in FIGS. 8-14. FIG. 8 is a close-up view of a percutaneous cricothyrotomy device being used to create an incision into the tracheal openings of a tracheal clip and respiratory tube comprising an training tracheal module of the present invention.”). Stock does not explicitly teach the cricothyrotomy medical training device, further comprising a scalpel configured to cut through both the first marking material and the second marking material. However, Huang explicitly names a scalpel as one of the training supplies for cricothyrotomy training (Pg. 1; “Standardized sets of cricothyrotomy supplies were assembled for study participants, including an airway model, scalpel,”) and Fig. 1 shows the training supplies laid out, including a scalpel. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include Huang’s scalpel as part of Stock’s cricothyrotomy training device as modified by Varaday and Sakezles. A person of ordinary skill in the art would have been motivated to make this modification because Stock contemplates use of cutting instrument to incise the skin and membrane layers (Par. [0027]), and Huang discloses the scalpel as the standard cutting instrument in the cricothyrotomy technique. In regards to claim 12, Stock teaches a tracheotomy tube inserted inside the incision (Par. [0016], Par. [0027]; “FIG. 11 shows the trainer installing the tracheotomy tube into the opened incision… FIG. 12 shows the tracheotomy tube in an installed position.”) but does not explicitly teach the cricothyrotomy medical training device further comprising an endotracheal tube configured for insertion into a hole of the ribbed tube, the hole representing an airway path. However, Huang explicitly names an endotracheal tube as one of the training supplies for cricothyrotomy training (Pg. 1; “Standardized sets of cricothyrotomy supplies were assembled for study participants, including an airway model, scalpel, syringe, endotracheal tube”), (Pg. 7, Figure 1 shows the training supplies laid out including the endotracheal). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute or include Huang’s endotracheal tube in place of Stock’s tracheotomy tube for insertion through the cricothyroid opening of the ribbed tube. A person of ordinary skill in the art would have been motivated to do so because both tubes are standard airway tubes inserted through a cricothyrotomy incision. Huang discloses the endotracheal tube as the specific tube used in the cricothyrotomy training (pg. 1). Substituting one known airway tube for another for its known purpose or function produces the expected result of a functional cricothyrotomy trainer. Claim(s) 13, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stock (US 20120202180 A1), in view of Huang et al., (“A Novel Approach to Emergency Airway Simulation Using a 3D-printed Cricothyrotomy Task Trainer,” Vol. 23, pp 1-11) and further in view of Levitan et al., (US 20240358435 A1). In regards to claim 13, Stock teaches a cricothyrotomy medical training kit (Par. [0012]; “FIG. 7 is a perspective view of an exemplary kit of the present invention comprising the modular training device from FIG. 2, an exemplary percutaneous cricothyrotomy device, and an exemplary tracheotomy tube”) and (Par. [0026]; “An exemplary kit…generally comprises a training device of the present invention, a percutaneous cricothyrotomy device and at least one tracheotomy tube or other similarly fashioned tubing. Other optional kits may comprise a plurality of the second component, or alternatively, a plurality of the fourth component, and further alternatively, combinations of pluralities of the second and fourth components.”), comprising: a ribbed tube having a first end and a second end, the ribbed tube further having a hole near the first end (Par. [0024]; “the first component is a respiratory tube comprising a flexible and resilient material, and is formed with a series of outward facing rings encompassing the tube in a pattern that approximates the physical structure of a human trachea.”) (see Fig. 5). a first material disposed at respectively attached first and second protrusions, the first material being indicative of human skin (Par. [0024]; “The fourth component is configured to provide a surface texture resembling the skin”). a second material disposed on the ribbed tube between the respectively attached first and second protrusions, the second material being indicative of a human cricothyroid membrane, the second material covering the hole (Par. [0024]; “The portions of the second component that overlay the tracheal opening and the cricothyroid opening are the target areas for performance of the emergency tracheal intubation procedure.”). Stock expresses providing the training module in a range of sizes (Par. [0028]; “it is within the scope of the present invention to adjust the size of the base unit and the tracheal module to provide simulations of the throat areas of infant through adolescents through juvenile through adult humans.”) but does not explicitly teach a plurality of first protrusions having a first range of sizes, each first protrusion of the plurality of first protrusions being configured to attachably extend from the ribbed tube; a plurality of second protrusions having a second range of sizes, each second protrusion of the plurality of second protrusions corresponding to a respective first protrusion of the plurality of first protrusions, each second protrusion being configured to attachably extend from the ribbed tube, each second protrusion being longitudinally spaced apart from the first protrusion; However, Levitan teaches providing the cricothyrotomy trainer’s laryngeal cartilage (e.g., thyroid and cricoid) in a range of sizes and forms (Par. [0031]; “Cricothyrotomy trainers of the present disclosure can have anatomically correct laryngeal cartilages in both male and female forms and have lateral mobility approximating the side-to-side mobility of the human larynx (e.g., about 1-2 inches)”) and (Par. [0033]; “Male and female forms of the trainer 100 may have different angles λ (FIG. 5C) to the thyroid lamina 134 (e.g., approximately 90 degrees in the male form and approximately 120 degrees in the female form) and smaller overall dimensions (by approximately 15%) for the laryngeal and tracheal analogues 130/132/136/144 in the female form than in the male form.”). Levitan discloses providing different sizes of thyroid and cricoid anatomy models, specifically, a smaller (e.g., female) form and a larger (e.g., male) form, for use during training. Under the broadest reasonable interpretation, providing both male and female sizes results in a plurality of thyroid analogue having a first range of sizes and a plurality of cricoid analogue having a second range of sizes. Levitan further teaches that the tracheal model can be detached from the cricoid (Par. [0037]; “The soft tracheal analogue 144 attaches to the harder laryngeal analogues 130/132/136 with the tracheal analogue 144 tightly abutting the more-rigid cricoid analogue 136 with a friction fit that allows the tracheal analogue 144 to be removed and replaced as needed”), and that the cricoid analogue attaches to the hyoid/thyroid analogue (Par. [0029]; “Two opposing, lateral struts 126 run along the base of the hyoid/thyroid analogue 124 extending from the thyroid analogue 132 (i) cranially toward the hyoid analogue 130 and (ii) caudally to an articulating connection 140 of the cricoid analogue 136 at notches 128.”). As discussed above in claims 11 and 12, Huang explicitly discloses both a scalpel and endotracheal tube supplied in a cricothyrotomy training kit configured to cut through the first and second materials and for insertion into the hole (pg. 1 and figure. 1). Therefore, the rejection/s of claim 11 and 12 is/are applied here. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Stock’s cricothyrotomy training kit to include a plurality of thyroid and cricoid protrusions in respective ranges of sizes attachable to the ribbed tube as taught by Levitan, and a scalpel and endotracheal tube, as taught by Huang. A person of ordinary skill in the art would have been motivated to combine these teachings because all three references are directed to the same field of endeavor, cricothyrotomy training devices for emergency airway management. Applying Levitan’s teachings to Stock’s training kit would yield predictable results of a kit containing thyroid and cricoid protrusions in a range of sizes. In regards to claims 14 and 15, the combined teachings of Stock, Levitan and Huang teach the kit of claim 13. Claims 14 and 15 further recite the first (e.g., human thyroid cartilage), and second (e.g., human cricoid cartilage) range of sizes ranges between a first minimum size and a first maximum size, respectively. As discussed above, Levitan discloses providing the thyroid analogue in a smaller (e.g., female) form and a larger (e.g., male) form, with the female from having smaller overall dimensions (Par. [0033]; “Male and female forms of the trainer 100 may have different angles λ (FIG. 5C) to the thyroid lamina…smaller overall dimensions (by approximately 15%) for the laryngeal and tracheal analogues 130/132/136/144 in the female form than in the make form”). Levitan further teaches that the laryngeal and tracheal analogues, which include the cricoid analogue 136, are provided in different overall dimensions between the male and female forms. Under the broadest reasonable interpretation, the smaller (e.g., female) thyroid and/or cricoid analogue is about the same size as a female human thyroid and/or cricoid cartilage; and the larger (e.g., male) thyroid and/or cricoid analogue is larger than a female human thyroid and/or cricoid. Stock expresses providing the training module in a range of sizes (Par. [0028]; “it is within the scope of the present invention to adjust the size of the base unit and the tracheal module to provide simulations of the throat areas of infant through adolescents through juvenile through adult humans.”). Claims 14 and 15 are therefore rejected for the same reasons set forth above in claim 13. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the first range of sizes of Stock’s kit, as modified by Levitan and Huang, so that the first minimum size is about the same size as a human thyroid and/or cricoid cartilage and the first maximum size is larger than the human thyroid and/or cricoid cartilage. A person of ordinary skill in the art would have been motivated to combine these teachings to provide a trainees with a gradual learning progression, starting with a larger, easier to locate cartilage and progress to a smaller, and more anatomically accurate cartilage. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stock (US 20120202180 A1), in view of Huang et al., (“A Novel Approach to Emergency Airway Simulation Using a 3D-printed Cricothyrotomy Task Trainer,” Vol. 23, pp 1-11). In regards to claim 16, Stock teaches a method for using a cricothyrotomy medical training device, the method comprising: preparing the cricothyrotomy medical training device by attaching a first protrusion at a first end of a ribbed tube, attaching a second protrusion near the first end of the ribbed tube, the second protrusion being longitudinally separated from the first protrusion by a space along the ribbed tube (Par. [0025]; “training modules (i.e., the tracheal module) are assembled by inserting the first component, i.e., the respiratory tube into the second component, then overlaying the tracheal clip onto the assembled first and second components such the tracheal and cric openings in the tracheal clip and respiratory tube are aligned.”), wrapping a first marking material around the first protrusion and the second protrusion (Par. [0025]; “Finally, the fourth component is slipped over the three assembled components and its ends are secured in place”), wrapping a second marking material around the space, the second marking material being wrapped over the first marking material. The examiner’s interpretation of the chronological order of the method steps correspondences with the applicant’s own specification (Par. [0039]; Par. [0049]; “Further steps in the preparation of the cricothyrotomy medical training device 100 include wrapping the second marking material 160, for example, the white tape 160, around the space, and wrapping the first marking material 150, for example, the skin-colored medical gauze 150, around the first protrusion 130, the second protrusion 140, and the second marking material 160.”). Stock teaches applying the second component film around the ribbed tube at the target site (Par. [0024]; “The portions of the second component that overlay the tracheal opening and the cricothyroid opening are the target areas for performance of the emergency tracheal intubation procedure. ”) and then overlaying the fourth component (e.g., skin) over the assembled tube component (Par. [0025]; “the fourth component is slipped over the three assembled components”). Under the broadest reasonable interpretation, Stock’s assembly disclosure reads on wrapping the film (second marking material) around the space and then wrapping the outer skin layer (first marking material) around the first and second protrusions and the film. locating the space between the first protrusion and the second protrusion (Par. [0027]; “FIG. 8 is a close-up view of a percutaneous cricothyrotomy device being used to create an incision into the tracheal openings of a tracheal clip and respiratory tube… FIGS. 9-11 show a series of steps in the training execution of a cricothyrotomy wherein trainer using an illuminating percutaneous cricothyrotomy device…is shown making an incision through the fourth component of the tracheal module in FIG. 9”); making an incision in the space, via a scalpel, through both the first and second marking materials (Par. [0027]; “FIG. 10 shows the CRIC™ spreaders extending through the four components and opening the incision made into the fourth and second components”). As discussed above in claim/s 11 and 12, Stock does not explicitly teach that the incision is made via a scalpel or that an endotracheal tube is inserted into the incision. However, Huang explicitly teaches the use of a scalpel to incise through the skin and cricothyroid membrane (pg. 11; “skin incision (vertical or horizontal)”; “cricothyroid membrane incision (horizontal)”), and insertion of an endotracheal tube through the incision (pg. 11; “insert 6.0 ETT”). The rejection/s of claim/s 11 and 12 is/are applied here. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Stock’s training method to use Huang’s scalpel to make an incision and to insert Huang’s endotracheal tube into the incision. Substituting Huang’s scalpel and endotracheal for Stock’s percutaneous cricothyrotomy device and tracheotomy tube, respectively, applies a known function that would yield predictable results of a training method mirroring real-world surgical cricothyrotomy. Conclusion Accordingly claims 1-16 are rejected. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BUSHIRA MUSA whose telephone number is (571)272-9156. The examiner can normally be reached Mon-Fri 7:30am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at 5712701344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /B.M./Examiner, Art Unit 3715 /KANG HU/Supervisory Patent Examiner, Art Unit 3715
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Prosecution Timeline

Jan 16, 2025
Application Filed
Aug 12, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allowance rate.

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