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 .
EXAMINER’S COMMENT
There does not appear to be any overlapping subject matter requiring a Double Patenting over US Patents 10925591, 11779321 and 12390208 at this time.
Claim Rejections - 35 USC § 102
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) 101-111 and 113-120 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Suh (US 20130178710).
With respect to claim 101, Suh discloses a patient interface (e.g., access device 8c, note that the embodiment of 8b is also applicable) for gas delivery in surgical procedures (e.g., see fig. 7 below) comprising: a first ring (e.g., 32) comprising an outlet (e.g., at 40/46) for providing gases to a cavity (e.g., occupied by 8c) formed by the patient interface (see para. 130-132); a second ring (30) configured to evacuate gases from the cavity (see para. 130-132); a sleeve (82) extending between the first ring and the second ring (see fig. 7 below), the sleeve in fluid communication with the first ring (see fig. 7 below and para. 130-132), the sleeve comprising an inner layer (50) and an outer layer (52) defining a pocket (e.g., to receive fluid 48, see para. 130-132 and also fig. 7 below) therebetween; an inlet tube (40) for providing gases to the pocket (see para. 130-132), the inlet tube in fluid communication with the first ring (see fig. 7 below); and an outlet tube (42) for evacuating gases from the cavity (see para. 130-132), the outlet tube in fluid communication with the second ring (see fig. 7 below, also note paragraph 237 which discusses that elements and components discussed this this embodiment may be used on or in combination with other embodiments).
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As for claim 102, Suh further discloses the patient interface of claim 101, wherein at least one of the inner layer or the outer layer of the sleeve comprises a gases permeable material (e.g., perforations 36, see para. 123 and also fig. 7 above).
As for claim 103, Suh further discloses the patient interface of claim 101, wherein at least one of the inner layer or the outer layer of the sleeve comprises a gases impermeable material (e.g., 50, see fig. 7 above, para. 122).
As for claim 104, Suh further discloses the patient interface of claim 101, wherein the first ring comprises a hollow structure (e.g., 46) to receive the gases from the pocket.
As for claim 105, Suh further discloses the patient interface of claim 101, wherein the first ring is configured to directly connect to the inlet tube to receive the gases from the inlet tube (see fig. 7 above).
As for claim 106, Suh further discloses the patient interface of claim 101, wherein the second ring comprises a hollow structure (e.g., 64, see fig. 6) to receive the gases evacuated from the cavity.
As for claim 107, Suh further discloses the patient interface of claim 101, wherein the first ring is a lower ring and/or the second ring is an upper ring (see fig. 7 above and note that while 32 and 30 are labeled as first and second rings, each comprises comparable elements and each is capable of providing or evacuating fluid and therefore, these elements could be interpreted interchangeably).
As for claim 108, Suh further discloses the patient interface of claim 101, wherein the outlet tube is configured to recirculate the gases evacuated from the cavity back into the cavity (see para. 130-132 and note that this device is capable of performing this function if one so desires).
As for claim 109, Suh further discloses the patient interface of claim 101, further comprising an inlet valve (e.g., 150) configured to control at least one of a flow rate or a pressure of the gases provided to the cavity (see para. 157-158, 237).
As for claim 110, Suh further discloses the patient interface of claim 109, wherein the inlet valve is a one-way valve (see para. 158).
As for claim 111, Suh further discloses the patient interface of claim 101, further comprising an outlet valve (e.g., 150) on the outlet tube configured to control a flow rate of the gases evacuated from the cavity (see fig. 157-158, 237).
As for claim 113, Suh further discloses the patient interface of claim 111, wherein the outlet valve is configured to operate in response to a monitored pressure of the gases provided to the cavity (see para. 157-158, 237).
Claim(s) 112 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suh (US 20130178710), as applied to claim above, in view of Forsell (US 20140163326).
As for claim 112, Suh further teaches wherein the outlet valve is configured to maintain a minimum gases condition within the cavity during a procedure (see para. 157-158, 237 and note that this device is capable of performing this function), but does not appear to teach wherein the minimum gases condition comprises at least one of: a concentration, a volume, a temperature, or a humidity of the gases within the cavity.
Forsell, also drawn to gases delivery systems, teaches a humidifier configured to heat and humidify the gases provided by the gases source via the connection used with 67, see fig. 4a-4c, 52, 55b, 113) in order to allow a user to monitor at least one of: a concentration, a volume, a temperature, or a humidity of the gases within the cavity (see fig. 52, 55b, 113 and para. 1842).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Suh wherein the minimum gases condition comprises at least one of: a concentration, a volume, a temperature, or a humidity of the gases within the cavity, in view of Forsell, in order to allow a user to monitor at least one of: a concentration, a volume, a temperature, or a humidity of the gases within the cavity.
As for claim 114, Suh further discloses the patient interface of claim 101, wherein a flow rate of the gases provided to the cavity is greater than a flow rate of the gases being evacuated from the cavity (see para. 157, 237).
As for claim 115, Suh further discloses the patient interface of claim 101, wherein at least one of the first ring or the second ring comprises a gases permeable material (e.g., 16, see para. 148).
As for claim 116, Suh further discloses the patient interface of claim 101, wherein at least one of the inner layer or the outer layer of the sleeve is configured to allow gases to permeate out of the pocket and into the cavity and/or to a wound edge of a patient (see fig. 7 above and para. 122, 130-132).
As for claim 117, Suh further discloses the patient interface of claim 101, wherein at least one of the inner layer or the outer layer of the sleeve comprises perforations (36) to diffuse gases into the cavity and/or to a wound edge of a patient (see para. 123-124).
As for claim 118, Suh further discloses the patient interface of claim 101, wherein the second ring is configured to apply a suctioning force to the cavity to evacuate gases within the cavity (see para. 29, 130-132).
As for claim 119, Suh further discloses the patient interface of claim 101, wherein the outlet tube is configured to be coupled to an external vacuum source (see para. 130-132).
As for claim 120, Suh further discloses the patient interface of claim 101, wherein the first ring comprises a gas permeable material (e.g., 16) to diffuse gases into the cavity (see para. 148).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 6086603 (fig. 6)
US 20110313250 (fig. 3)
US 20120209077 (fig. 7)
US 20100312066 (fig. 6-7, 12-13)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tara Carter whose telephone number is (571) 272-3402. The examiner can normally be reached on M-F 7am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo Robert, at (571) 272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TARA ROSE E CARTER/ Examiner, Art Unit 3773
/EDUARDO C ROBERT/ Supervisory Patent Examiner, Art Unit 3773
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