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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/09/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 10 and all claims depending therefrom (by virtue of their dependence on claims 1 and 10) are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 10 recite the following new matter:
"[A] spring, coupled with the first panel at a proximal end of the spring…"
The written description makes no mention of what portion of the spring is its proximal end. The description discloses that the spring 90 has a "front end 94" (see para [0129] of the published application US 2022/0362453 A1) and a "first panel 62" (see para [0120]) but makes no mention of what end of spring 90 is the "proximal end".
Based on Examiner's best understanding of the application, the spring's "back end" is its proximal end (the end closer to the operator); the disclosed "second panel 66" corresponds to the claimed "first panel"; and the disclosed "first panel 62" corresponds to the claimed "second panel". Examiner requests clarification about whether this understanding is consistent with Applicant's intent.
"[A] rod coupled with the first panel at a proximal end of the rod"
The written description makes no mention of what portion of the rod is its proximal end, nor that the rod is coupled with the first panel (i.e., "second panel 66"). The written description merely states "at least one rod coupled with the panel" (see published specification at para [0035]) without specifying which of the first or second panels is "the panel".
"[W]herein a distal end of the rod extends past a distal end of the spring with the spring in a decompressed state."
Fig. 3B shows spring 90 and rod 92, but it is not clear that the spring is in its decompressed state in this figure, and the written description makes explicit mention of a part of the rod extending past a part of the spring in the spring's decompressed state.
Allowable Subject Matter
Notwithstanding the rejection(s) above, claims 1, 4-10 and 13-20 recite subject matter that could not be found in the prior art of record.
The closest prior art is Schmidlin et al (U.S. Pub. 2020/0121848 A1, hereinafter “Schmidlin”); Woolford et al (U.S. Pub. 2013/0267894 A1, hereinafter “Woolford”); Lamadrid et al (U.S. Pat. 4,256,442, hereinafter “Lamadrid”); and Hayman et al (U.S. Pat. 11,622,914 B2, hereinafter “Hayman”).
Schmidlin discloses an apparatus (see Figs. 1-4) and associated method for use with a cartridge 120 (see Fig. 3) having an outer surface shaped to define a ridge (hook element 64; see Fig. 8), the apparatus comprising:
a rigid piece of material (counterpart hook element in the console; see para [0064]) configured to lock the cartridge in place by resting against the ridge (see para [0064]);
a button (e.g., nut 74 and/or pivoted lock wheel; see para [0071]), configured to move the rigid piece of material from the cartridge, thereby unlocking the cartridge, upon a pushing of the button (see para [0071);
one or more motors (see para [0044]);
a mechanical coupling mechanism that couple the motors to the cartridge while the cartridge is locked in place (motor is part of drive means 115 in the console, which then connects to the cartridge once the cartridge has been locked into the console);
at least one spring 50 (see Fig. 7), configured to:
remain compressed against the cartridge while the cartridge is locked in place, and decompress following the unlocking of the cartridge, thereby pushing the cartridge (see Figs. 7-8);
a panel 120C (see Fig. 7); and
at least one rod (septum needle 190) coupled with the panel with the spring being wound around the rod.
Schmidlin does not disclose that a distal end of the rod extends past a distal end of the spring when the spring is in a decompressed state.
Woolford discloses an apparatus and associated method for use with a cartridge 618 (see Fig. 19A) having an outer surface shaped to define a ridge 620 (see Fig. 19A), the apparatus comprising:
a rigid piece of material 602/610 (see Fig. 19A) configured to lock the cartridge in place by resting against the ridge 620 (see Fig. 19C and para [0137];
a button 370 (see Figs. 19 and 19A), configured to move the rigid piece of material from the cartridge, thereby unlocking the cartridge, upon a pushing of the button (see para [0138]);
one or more motors (pump motors 406, 642; see Figs. 16 and 20); and
a mechanical coupling mechanism (such as a roller wheel 412, 648 of a pump; see Figs. 16 and 22), configured to mechanically couple the motors to the cartridge while the cartridge is locked in place (see para [0120], disclosing that motor 406 will rotate the roller wheel 412 to push the surgery washing fluid through the peristaltic tubing 70 of the inflow cassette 20; see also para [0145], disclosing that pump motor 642 will rotate the roller wheel 648 to push the waste fluid through the peristaltic tubing 256 of the outflow cassette 26);
a first panel 574 (see Fig. 19);
at least one spring 581 (see Fig. 19), configured to remain compressed against the cartridge while the cartridge is locked in place, and decompress following the unlocking of the cartridge, thereby pushing the cartridge (see para [0117], disclosing coil springs for assisting in pushing the inflow cassette 20 out of the inflow cassette receptacle assembly 394 when the inflow cassette eject button 370 is depressed).
Woolford does not disclose a rod coupled with the first panel at a proximal end of the rod with the spring being wound around the rod, and a distal end of the rod extends past a distal end of the spring when the spring is in a decompressed state.
Lamadrid discloses an apparatus and associated method for use with a cartridge (combination of 110 and 120; see Figs. 3-4) having an outer surface shaped to define a ridge (outer surface of tubing 28; see Fig. 1), the apparatus comprising:
a rigid piece of material 42 (see Fig. 1) configured to lock the cartridge in place by resting against the ridge (see Fig. 2);
a button 56/58 (see Fig. 1), configured to move the rigid piece of material from the cartridge, thereby unlocking the cartridge (see unlocked state in Fig. 1) upon a pushing of the button (the button is pushed upwards to unlock the cartridge);
one or more motors (pump motors 16; see Fig. 2); and
a mechanical coupling mechanism (such as a roller cage 22; see Fig. 2), configured to mechanically couple the motors to the cartridge while the cartridge is locked in place (see Fig. 2; the motor will rotate the roller cage 22 to push fluid through the tubing 28);
a first panel (exterior base member 12); and
at least one rod 24 (see Fig. 2) coupled with the panel (i.e., the rod 24 secures parts 12, 18 and 22 together).
Lamadrid does not disclose at least one spring coupled with the first panel at a proximal end of the spring, configured to remain compressed against the cartridge between the first panel and the cartridge while the cartridge is locked in place, and decompress following the unlocking of the cartridge, thereby pushing the cartridge, and a rod coupled with the first panel at a proximal end of the rod with the spring being wound around the rod, and a distal end of the rod extends past a distal end of the spring when the spring is in a decompressed state.
Hayman discloses an apparatus and associated method for use with a cartridge 200 (see Fig. 3) having an outer surface shaped to define a ridge 262 (see Fig. 8A), the apparatus comprising:
a rigid piece of material (material forming cooperating cavity 142 inside base 100; see Fig. 8A) configured to lock the cartridge in place by resting against the ridge (see Fig. 8A);
a button 260 (see Fig. 8A), configured to move the rigid piece of material from the cartridge, thereby unlocking the cartridge, upon a pushing of the button (the button is pushed downward, causing the ridge 262 on the cartridge to become unlatched from the base; see Fig. 4 and 4A showing the movement from the locked to the unlocked state);
one or more motors (see col. 20, lines 47-49), and a mechanical coupling mechanism (such as male and female connectors, as disclosed in col. 20, lines 40-55 and shown in Fig. 10A) that couple the motors to the cartridge while the cartridge is locked in place;
a first panel 820 (see Fig. 32A); and
at least one rod 824 (see Fig. 32A) coupled to the panel.
Hayman does not disclose at least one spring coupled with the first panel at a proximal end of the spring, configured to remain compressed against the cartridge between the first panel and the cartridge while the cartridge is locked in place, and decompress following the unlocking of the cartridge, thereby pushing the cartridge, and a rod coupled with the first panel at a proximal end of the rod with the spring being wound around the rod, and a distal end of the rod extends past a distal end of the spring when the spring is in a decompressed state.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT J MEDWAY whose telephone number is (571)270-3656. The examiner can normally be reached Monday through Friday, 8:30 AM to 5:00 PM.
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, Chelsea Stinson can be reached at (571) 270-1744. 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.
/SCOTT J MEDWAY/Primary Examiner, Art Unit 3783 07/21/2026
Prosecution Insights