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 Objections
Claim 3 is objected to because of the following informalities: “is engage” should be recited as --is configured to engage--. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: “an airway exchange catheter” should be recited as --the airway exchange catheter--. Appropriate correction is required.
Claim 15 is objected to because of the following informalities: “relative to the other of the relative to the other of the” should be recited as --relative to the other of the--. Appropriate correction is required.
Claim 15 is objected to because of the following informalities: “attachment mechanism attachment mechanism” should be recited as --attachment mechanism--. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 and 6-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knight et al. (US 2015/0351613 A1).
Regarding claim 1, Knight et al. (‘613) teach an airway exchange bronchoscope construction comprising: a bronchoscope comprising a body and a tube extending outwardly therefrom (300, see Fig. 2); an airway exchange catheter comprising a tube that extends concentrically over the bronchoscope tube (12, see [0031]; and Fig. 2); and an attachment mechanism that is configured to attach and detach the airway exchange catheter to the bronchoscope (20, see [0030], [0033]; and Fig. 2).
Regarding claim 2, Knight et al. (‘613) teach the airway exchange bronchoscope construction of claim 1, wherein the attachment mechanism comprises a rotatable element (30, see Fig. 2).
Regarding claim 3, Knight et al. (‘613) teach the airway exchange bronchoscope construction of claim 2, wherein the attachment mechanism is engage a feature of at least one of the bronchoscope and the airway exchange catheter (12 and 15, see [0030]; and Fig. 2).
Regarding claim 6, Knight et al. (‘613) teach the airway exchange bronchoscope construction of claim 1, wherein the airway exchange catheter tube is configured to extend along a substantial entirety of the bronchoscope tube when the airway exchange catheter is attached with the bronchoscope (see [0030], [0033]).
Regarding claim 7, Knight et al. (‘613) teach the airway exchange bronchoscope construction of claim 1, wherein the attachment mechanism is configured to provide connection of the airway exchange catheter and the bronchoscope by ends of one or both of the airway exchange catheter and the bronchoscope being pushed into the attachment mechanism (see [0030], [0033]).
Regarding claim 8, Knight et al. (‘613) teach the airway exchange bronchoscope construction of claim 7, wherein the attachment mechanism is configured to provide detachment of the airway exchange catheter and the bronchoscope by ends of one or both of the airway exchange catheter and the bronchoscope being pulled out of the attachment mechanism (see [0030], [0033]).
Regarding claim 9, Knight et al. (‘613) teach a system for enabling visually guided placement of an airway exchange catheter into a patient comprising: a bronchoscope comprising a body and a tube extending outwardly therefrom, the bronchoscope comprising a camera at one end, wherein the bronchoscope is configured to provide a video signal from the camera for visual monitoring (300, see Fig. 2); an airway exchange catheter comprising a tube, wherein the airway exchange catheter tube is configured to accommodate placement of the bronchoscope tube therein (12, see [0031]; and Fig. 2); and an attachment mechanism configured to facilitate removable connection of the bronchoscope with the airway exchange catheter when the bronchoscope tube is disposed inside of the airway exchange catheter tube (20, see [0030], [0033]; and Fig. 2).
Regarding claim 10, Knight et al. (‘613) teach the system of claim 9, wherein at least one of the bronchoscope or the airway exchange catheter tube is configured comprising a feature that registers with the attachment member (12 and 15, see [0030]; and Fig. 2).
Regarding claim 11, Knight et al. (‘613) teach the system of claim 9, wherein the attachment mechanism is configured to attach with and detach from the airway exchange catheter by respective push in and pull out action relative to the attachment mechanism (see [0030], [0033]).
Regarding claim 12, Knight et al. (‘613) teach the system of claim 9, wherein the attachment mechanism is configured to attach with and detach from the bronchoscope by respective push in and pull out action relative to the attachment mechanism (see [0030], [0033]).
Regarding claim 13, Knight et al. (‘613) teach the system of claim 9, wherein the bronchoscope tube is disposed inside of the airway exchange catheter (12, see [0031]; and Fig. 2).
Regarding claim 14, Knight et al. (‘613) teach the system of claim 13, wherein the attachment mechanism is interposed between the bronchoscope and the airway exchange catheter (20, see Fig. 2).
Regarding claim 15, Knight et al. (‘613) teach the system of claim 9, wherein the attachment mechanism is configured to attach with and detach from the airway exchange catheter by respective twisting action of one of the airway exchange catheter or attachment mechanism relative to the other of the relative to the other of the airway exchange catheter or attachment mechanism attachment mechanism (see [0030], [0033]).
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. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knight et al. (US2015/0351613 A1) in view of Alexander et al. (US 2004/0076940 A1).
Regarding claim 4, Knight et al. (‘613) teach the airway exchange bronchoscope construction of claim 1, but does not explicitly teach wherein the attachment mechanism comprises one or more magnetic elements configured to promote attachment between the airway exchange catheter and the bronchoscope by magnetic force. However, Alexander et al. (‘940) from the same field of endeavor do teach an attachment mechanism comprises one or more magnetic elements configured to promote attachment between the airway exchange catheter and the bronchoscope by magnetic force (see [0050]). It would be obvious to one of ordinary skill in the art at the time of invention to combine the invention of Knight et al. with the features of Alexander et al. for the benefit of enhanced attachment to the catheter.
Regarding claim 5, Knight et al. (‘613) teach the airway exchange bronchoscope construction of claim 1, but fails to explicitly teach a first magnetic element attached with the bronchoscope and a second magnetic element attached adjacent an end of the airway exchange catheter. However, Alexander et al. (‘940) from the same field of endeavor do teach a first magnetic element attached with the bronchoscope and a second magnetic element attached adjacent an end of the airway exchange catheter (see [0050]). It would be obvious to one of ordinary skill in the art at the time of invention to combine the invention of Knight et al. with the features of Alexander et al. for the benefit of enhanced attachment to the catheter.
Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barthel et al. (US Pat. No. 5,921,917 A) in view of Gingles et al. (US 2016/0030694 A1).
Regarding claim 16, Barthel et al. (‘917) teach a method for visually guiding placement of an airway inside of a patient comprising the steps of: inserting an airway catheter into an airway of a patient, wherein before or after the step of inserting, installing a tube of a bronchoscope inside a tube of the airway catheter (see col. 10, lines 45-49), wherein the bronchoscope comprises a camera at an end that has a field of vision directed out of an end of the airway catheter tube that is disposed in the airway (see col. 10, lines 39-44); and viewing an image provided by the camera to visually confirm a desired placement position of the airway catheter in the airway (see col. 10, lines 45-54).
Barthel et al. does not explicitly teach an airway exchange catheter. However, Gingles et al. (‘694) from the same field of endavor do teach an airway exchange catheter (see [0032]). It would be obvious to one of ordinary skill in the art at the time of the invention to combine the invention of Barthel et al. with the features of Gingles et al. for the benefit of facilitating and improving patient assisted ventilation.
Regarding claim 17, Barthel et al. (‘917) in view of Gingles et al. (‘694) teach the method of claim 16, wherein the tube of the bronchoscope is installed inside the tube of the airway exchange catheter before the airway exchange catheter is inserted into the airway of the patient (see Barthel et al. col. 10, lines 45-49).
Regarding claim 18, Barthel et al. (‘917) in view of Gingles et al. (‘694) teach the method of claim 16, wherein during the step of installing, using an attachment mechanism to releasably connect the bronchoscope to the airway exchange catheter (see Barthel et al. col. 10, lines 31-38).
Regarding claim 19, Barthel et al. (‘917) in view of Gingles et al. (‘694) teach the method of claim 18, wherein at least one of the bronchoscope or the airway exchange catheter has a surface configured to register with the attachment mechanism (see Barthel et al. col. 8, lines 40-51).
Regarding claim 20, Barthel et al. (‘917) in view of Gingles et al. (‘694) teach the method of claim 16, wherein the step of viewing comprises using a video display that is operatively connected with the bronchoscope camera to receive a video signal (see Barthel et al. col. 10, lines 45-54).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK REMALY whose telephone number is (571)270-1491. The examiner can normally be reached Mon - Fri 9:00 - 6:00.
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/MARK D REMALY/Primary Examiner, Art Unit 3797
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