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
Claims 10, 11, 13, 14, and 15 are objected to because of the following informalities:
Claim 10, and 11, recite the preamble “claim 2;” however, claim 2 does not recite “a coil,” as recited by, or referred to, by each of claims 10, and 11. It is noted that “a coil” is introduced by claim 9, as such, each of claims 10, and 11 are interpreted as depending on claim 9, not claim 2.
Claims 13, 14, and 15 recite the preamble “claim 11;” however, claim 11 does not recite a “DC power source” as recited by each of claims 13, 14, and 15. It is noted that a “DC power source” is introduced by claim 12, as such, each of claims 13, 14, and 15 are interpreted as depending on claim 12, not claim 11.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “the silencer output port is connected indirectly to the vent via an intervening chamber integrated into the housing wall,” of claim 8, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered, and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 3, 4, 5, and 9 – 11 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.
Claims 3, 4, and 5 recite the limitations “lower than 45 dB,” “lower than 43 dB,” and “lower than 40dB,” respectively, with respect to an acoustic noise level of the system in normal operation. However, although the claims recite the limitation “acoustic noise level,” they do not clarify the use of the symbol dB with respect to the measurement of a decibel, such as identifying a weight scale such as dB(A), etc., against which the values are provided a form a frequency weighting. The value of the claims noise level is further unclear as the claim provides no reference for the location at which the measurement is taken, such that it is unclear if the recited noise value is one which is observed within the housing, within the pumping mechanism, adjacent the silencer, or outside of the housing such as adjacent the output port, or at a distance x from the output port (it is noted the sound value at a distance of 2x is provided by the inverse proportional law). As it is unclear what the level of acoustic noise is claimed to be, an art rejection for claims 3, 4, and 5 is not being provided.
Claim 9 recites the limitation “the first coil, the tubing assembly, and the pump motor are configured such that during pump operation gas delivered to an input end of the coil by the tubing assembly and collected from an output end of the coil by the tubing assembly flows through the interior lumen, removing heat from an exterior surface of the motor.” Claim 9 depends from claim 1 which recites the limitation “a tubing assembly connecting the one or more pump outlet ports to the silencer input port.” It is unclear if the gas recited by claim 9 is the pumped medium of the pump in claim 1. It is further unclear if by what mechanism the tubing assembly is delivering and collecting the recited gas to and from the coil, and if such delivering and collecting is directed towards a recirculation of the recited gas through the coil to perform the cooling function, of if the tubing assembly is intended to be disclosed as comprising elements both before and after the first coil, such that the coil comprises a portion of the delivery path between the one or more pump outlet ports and the silencer input port as recited by claim 1 and the fluid pumped by the pump is therefore circulated through the coil to perform the recited cooling. As it is unclear by what mechanism the recited elements are intended to operate, and what the fluid connections between each recited element comprises, an art rejection is not being provided at this time.
Dependent claims not specifically are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite are interpreted as being are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for depending from a rejected claim.
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) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2,961,149, “Hull.”
Regarding Claim 1: Hull discloses a suction system (10) (Figures 1 – 8) comprising: a housing (12, 16) comprising a chamber (Interpreted as either the inner volume of chamber 12 or 16) bounded by a housing wall (Interpreted as either the inner radial wall of either housing member 12 or 16) including a vent (21, 30); a pump (40) (The pumping mechanism is generally indicated by element 40 in at least Figure 1 and is shown in an exploded view in at least Figure 4) driven by a pump motor (44), the pump having a pump input port (73) and one or more pump output ports (Shown in at least Figure 1 as the output in which discharge tube 32 is arranged); a passive silencer (34, 31, 33) having a silencer input port (The connection to tube 32 as shown in at least Figures 1 and 2) and a silencer output port (The connection to connection tube 29 as shown in at least Figures 1 and 2); and a tubing assembly (32) connecting the one or more pump outlet ports to the silencer input port (As shown in at least Figures 1 and 2); wherein the pump, pump motor, passive silencer and tubing assembly are enclosed within the housing (As shown in at least Figures 1 and 2); and wherein the passive silencer is configured such that the silencer output port is connected directly or indirectly to the vent (As shown in at least Figures 1 and 2; The output port is interpreted as being at least indirectly connected to the vent as the vent and the connection tube 29 together form the air outlet for the assembly).
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.
Claim(s) 1, 6, 7, 12, 13 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220287868, “Garvey,” in view of US 2025/0121387, “Wang.”
Regarding Claim 1: Garvey discloses a suction system (101, 300, 400, 500, 600, 700) (Figures 1 – 7) comprising: a housing (108, 308) comprising a chamber (Interpreted as either the inner volume of chamber 108, 308) bounded by a housing wall (Interpreted as either the wall of either housing member 108, 308); a pump (112, 312) driven by a pump motor (110, 310), the pump having a pump input port (As shown in at least Figure 312 coupled with 302) and one or more pump output ports (Shown in at least Figures 1 and 3 by the connections to 114 and 328, respectively); a passive silencer (114, 314) having a silencer input port (Shown in Figures 1 and 3 as the connection from the pumping element) and a silencer output port (As shown in at least Figure 3); and a tubing assembly (302) connecting the one or more pump outlet ports to the silencer input port (As shown in at least Figure 3); wherein the pump, pump motor, passive silencer and tubing assembly are enclosed within the housing (As shown in at least Figures 1 and 3); however, Garvey is silent as to the housing wall including a vent; and wherein the passive silencer is configured such that the silencer output port is connected directly or indirectly to the vent. Garvey discloses the silencer coupled with a house output port as shown in at least Figures 3 – 6; however, Garvey fails to explicitly disclose that the output of the silencer is connected directly or indirectly to the vent. Garvey discloses that such an output can be coupled to an environment external to the acoustic silencer in at least [0046].
Wang teaches an arrangement of a pumping apparatus (Figures 1 – 9), similarly arranged to that of Garvey wherein a pump is enclosed within a housing, and further teaches the pump coupled with a vent (202) as shown in at least Figure 4 to allow for the pump to discharge outside of the housing element in a manner well known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have incorporated a vent in the housing wall of Garvey, as taught by Wang, with the precited results that such a vent will allow for discharged of the pumped fluid outside of the housing, such that the housing is not pressurized by the pump, in a manner well known in the art.
Once combined, Garvey, in view of Wang, makes obvious an arrangement wherein the passive silencer is configured such that the silencer output port is connected directly or indirectly to the vent.
Regarding Claim 6: Garvey, in view of Wang, teaches the suction system of claim 1; once combined, Garvey further teaches wherein the passive silencer comprises an internal labyrinth structure (As shown in at least Figures 4 – 6).
Regarding Claim 7: Garvey, in view of Wang, teaches the suction system of claim 1; once combined, Garvey and Wang together make obvious wherein the silencer output port is connected indirectly to the vent via tubing as discussed in the aforesaid rejection of claim 1 wherein the output tube of the Garvey silencer is coupled with a vent.
Regarding Claim 12: Garvey, in view of Wang, teaches the suction system of claim 1; once combined, Garvey further discloses wherein the pump motor is configured to be driven by DC power supplied from a DC power source located outside the housing ([0025], “an electrical cable can extend from an electrical wall outlet and through an aperture within the housing 108 to the power supply 118 to electrically power the urine suction device 100;” and [0026], “the motor 110 can operate on alternating current (AC) or direct current (DC) and can be a brushless motor or a brushed motor”).
Regarding Claim 13: Garvey, in view of Wang, teaches the suction system of claim 12; once combined, Garvey further discloses wherein the DC power source is a battery (At least [0031], “power supply 118 may include one or more batteries;” and [0032], “The cord may allow the user to plug the urine suction device 100 into a power outlet in a room, an extension cord, or a power station or power bank (e.g., battery pack or bank)”).
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over US 20220287868, “Garvey,” in view of US 2025/0121387, “Wang,” and US 5,137,432, “Tsai,” as evidenced by US 5,669,762, “Lee.”
Regarding Claim 2: Garvey, in view of Wang, teaches the suction system of claim 12; however, Garvey fails to explicitly disclose wherein the pump is a dual diaphragm pump, having first and second pump outlet ports; and wherein the tubing assembly comprises a junction element accepting exhausts from the first and second pump outlet ports to form a combination, such that the combination is delivered to the silencer input port.
Tsai teaches an arrangement of a pumping apparatus (Figures 5 – 9) comprising a dual diaphragm pump (4, 5) (At least Cl. 1, ln. 17, “air-pumping means 4 includes a pair of pumping diaphragms 41”), having first and second pump outlet ports (55, 56).
It would have bene obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have substituted the pump of Garvey with the pump of Tsai as such a modification is viewed as a simple substitution of one known pumping element for that of another. Such a substitution would have been obvious since, an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious (MPEP 2144.06).
Once combined, Garvey, in view of Wang, and Tsai, makes obvious the arrangement wherein the tubing assembly comprises a junction element accepting exhausts from the first and second pump outlet ports to form a combination, such that the combination is delivered to the silencer input port as combining the two outputs of the modified pump into the single silencer input is an obvious solution to combining the two outlets of the combined dual diaphragm pump as evidenced by Lee (At least Figure 4).
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over US 20220287868, “Garvey,” in view of US 2025/0121387, “Wang,” and US 2023/0003210, “Zulauf.”
Regarding Claim 8: Garvey, in view of Wang, teaches the suction system of claim 1; however, Garvey fails to explicitly disclose wherein the silencer output port is connected indirectly to the vent via an intervening chamber integrated into the housing wall.
Zulauf teaches a pumping assembly (Figures 1 – 18) similar to that of Garvey and further teaches wherein the output of the pump is coupled to a vent (518) via an intervening chamber (555) integrated into the housing wall (As shown in at least Figure 9).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the arrangement of Garvey to incorporate an intervening chamber integrated I to the housing wall, as taught by Zulauf, with the predicted results that such a chamber could be further utilized to minimize a particular resonant frequency or frequencies from exiting the pump assembly (Zulauf, [0064]).
Once combined, Garvey, in view of Zulauf, makes obvious wherein the silencer output port is connected indirectly to the vent via an intervening chamber integrated into the housing wall.
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over US 20220287868, “Garvey,” in view of US 2025/0121387, “Wang,” and US 7,857,806, “Karpowicz.”
Regarding Claim 14: Garvey, in view of Wang, teaches the suction system of claim 12; however, Garvey fails to explicitly disclose wherein the DC power source located outside the housing comprises an AC to DC converter connected to mains AC power as an input.
Karpowicz teaches a pumping arrangement (Figures 1 – 11B) similar to that of Garvey and further teaches the motor of the pump powered by a battery and DC power source wherein the DC power source located outside the housing comprises an AC to DC converter connected to mains AC power as an input (Cl. 15, ln. 23, “pump unit (102) may also be adapted to be powered through a power cord from a standard AC power socket using a suitable AC/DC power converter (220), which may be combined with a battery charger to recharge the battery (222) during use”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the arrangement of Garvey to incorporate a power converted coupled to mains AC power, as taught by Karpowicz, as such an arrangement is capable of providing power to the DC power load and is a well known arrangement of providing power from an AC source to a DC power load.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over US 20220287868, “Garvey,” in view of US 2025/0121387, “Wang,” and US 2021/0359377, “Meoli.”
Regarding Claim 15: Garvey, in view of Wang, teaches the suction system of claim 12; however, Garvey fails to explicitly disclose wherein the DC power source located outside the housing comprises a USB adapter connected to a second DC power source as an input.
Meoli teaches a DC power bank capable of providing power to DC power loads ([0072], “the female socket docking port is suitable for supplying 12V DC output to a 12V DC male socket connector”) and further teaches wherein the DC power source comprises a USB adapter connected to a second DC power source as an input ([0075], “the stored charge may be the result of direct charge input to the micro-core USB ports or connectors”).
It would have been obvious to one of ordinary skill in the art to have modified the DC power source of Garvey to incorporate a USB input from a second DC power source, as taught by Meoli, with the predicted results that such a second DC power source will be capable of providing a charging function to supply additional power to the DC power source in a manner well known in the art, or to have substituted the DC power source of Garvey with the DC power bank of Meoli with the predicted results that such a modification will be capable of providing a DC power supply to the pump of Garvey.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN DOYLE whose telephone number is (571)270-5821. The examiner can normally be reached Monday - Friday, 0900 - 1700.
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, Mark Laurenzi can be reached at 571-270-7878. 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.
/BENJAMIN DOYLE/Examiner, Art Unit 3746 2026.07.24
/MARK A LAURENZI/Supervisory Patent Examiner, Art Unit 3746 7/28/2026
Prosecution Insights